Home Building Act - Basics

The Home Building Act exists for the benefit of consumers even though it has been criticized by some for not doing enough. The legislative scheme relevantly consists of the following acts and rules: -

  • Home Building Act 1989 (NSW);
  • Home Building Regulation 2014 (NSW);
  • Civil and Administrative Act 2013 (NSW); and
  • Civil and Administrative Tribunal Rules 2014.

The main concern of the Home Building Act is "residential building work" such as the construction, alteration or renovation of a "dwelling" (used for a residence). 

What does the Home Building Act Regulate?

The legislation regulates a number of matters including: -

  • requirements to hold a contractor's license;
  • inability of unlicensed contractors to claim damages under a contract;
  • the need for insurance (and what such insurance contracts should state and insure);
  • what the residential building contract should state when the price is below $5,000 and what it should state when the price is $20,000 (or more);
  • the maximum amount of a deposit;
  • how variations are to be dealt with;
  • how progress payments are to be dealt with;
  • the warranties for consumers  and contractors (and relevant successors in title);

* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.