Home Building Disputes

The Home Building Advocacy Service (HoBAS) is funded by NSW Fair Trading for consumers who have home building disputes.

HoBAS is a free, state-wide, legal advice service on home building law.

HoBAS is primarily a telephone legal advice service. Limited casework may be undertaken for disadvantaged clients, subject to capacity.

HoBAS can only help you if you have not been successful in resolving your building dispute through the NSW Fair Trading Dispute Resolution process or otherwise have been referred to the NSW Civil and Administrative Tribunal (NCAT).

When you call, HoBAS will assess your matter and discuss with you the level of assistance that can be provided.

HoBAS can help you with advice on:

• Defective and incomplete work
• Contractual disputes, including: the forms of contracts, cooling off periods, variations, progress payments, delay, dispute resolution and termination
• Damage caused by a builder
• NCAT’s jurisdiction and procedures
• Preparing evidence for NCAT
• NCAT appeals
• Transfer proceedings from the court system to NCAT
• Insurance under the Home Building Compensation Fund

• If you have not been through the NSW Fair Trading dispute resolution process.
• If you are a Developer, Builder, Tradesperson, or hold an Owner-Builder permit.
• If you live in a strata scheme and the dispute involves common property.

The HoBAS team can be contacted on (02) 8833 0911. A solicitor will contact you to provide legal advice after your initial enquiry.

• Do a home building licence check to ensure that the builder is licensed to do specific work. Do not only rely on the licence number provided to you by the building contractor. Refer to the NSW Public Register Search.
• If you do not understand the contract, obtain private legal advice from a solicitor prior to signing.
• For work over $20,000 ensure that the builder provided you with a Certificate of Insurance under the Home Building Compensation Fund (HBCF). Check the validity of the Certificate on the online register. Refer to hbcf.nsw.gov.au.
• Ensure the name of the builder on the home building contract is the same as the name on the Certificate of Insurance under the HBCF.
• Keep records: paperwork, documents and communication records should be kept, as these are useful to resolve disputes and place you in a better position to do so.