The Home Building Act 1989 (NSW) is the key piece of legislation governing residential building work in New South Wales.
The Home Building Act 1989 (NSW) is the key piece of legislation governing residential building work in New South Wales. It sets out the legal responsibilities of builders, tradespeople, and developers, aiming to protect homeowners and ensure quality standards in home construction and renovations. The Act covers licensing requirements, contract rules, statutory warranties, dispute resolution processes, and insurance obligations—including the need for Home Building Compensation Fund (HBCF) insurance on projects over $20,000.
Under the Act, builders must be properly licensed, provide written contracts for most residential work, and meet statutory warranty obligations that cover major defects for six years and other defects for two years. It also outlines the rights of homeowners to seek resolution through NSW Fair Trading or the NSW Civil and Administrative Tribunal (NCAT). In short, the Act exists to promote transparency, accountability, and consumer protection in the residential building sector.