February 2017

Home building application

CONSUMER AND COMMERCIAL DIVISION | HOME BUILDING LIST

Complete this form to apply to NCAT’s Consumer and Commercial Division for orders about residential building work
under the Home Building Act 1989. Home building applications can also be lodged online with NCAT Online.

File Number
Office use only

1. DISPUTE DETAILS
A. HAVE YOU ATTEMPTED TO RESOLVE THE DISPUTE WITH NSW FAIR TRADING?
The Home Building Act 1989 requires all home building disputes be referred in the first instance to NSW Fair
Trading.

Yes – If yes, please attach a copy of the letter from NSW Fair Trading

No – If no, contact NSW Fair Trading on 13 32 20 before lodging this application

B. ADDRESS OF BUILDING WORK

Address where residential building work has been undertaken? Include suburb

Are you making an application that concerns goods or services that you were provided that were
funded by the National Disability Insurance Scheme?

2. APPLICANT
Provide your full name or company name as shown on the contract. If a business or company, include the ABN
or ACN and your position title. For multiple applicants, attach details on a separate sheet.

Applicant type
Home Trade Owner- Insurer
owner r builder

Full name [[*IF {i_c|pt=Applicant|c1=Individual|c2=Company} = "Individual" *]] [[FullName|pt=Applicant]] [[*ELSE*]]

[[CompanyName|pt=Applicant]] [[*ENDIF*]]
Postal Address [[MailingAddressLine|pt=Applicant|ifnull=ignore]] [[MailingCity|pt=Applicant|ifnull=ignore]]
[[MailingStateProvince|pt=Applicant|ifnull=ignore]] [[MailingPostCode|pt=Applicant|ifnull=ignore]]
ABN or ACN [[TaxNumber|pt=Applicant|
ifnull=ignore]] Contractor’s Licence No (if applicable)
Contact details Daytime telephone[[Phone1|pt=Applicant| Mobile [[Phone_Mobile|pt=Applicant|fm=d|
Email [[E_Mail|pt=Applicant|ifnull=ignore]]

Do you want NCAT notices and correspondence emailed to you?

By ticking this box you agree to receive the notice of hearing and other future correspondence by email.
Please ensure the email address provided above is accurate and the email account is checked regularly.

NCAT Consumer and Commercial Division Form | Home building Page |

application 1
3. RESPONDENT
Who is the application against? Provide details as shown on the contract. If the respondent is a company or
business, please attach a current business name extract or company extract from ASIC. For multiple respondents
attach details on separate sheet.

Respondent type
Home Trade Owner- Insurer
owner r builder

Full name [[*IF {i_c|pt=Respondent|c1=Individual|c2=Company} = "Individual" *]] [[FullName|pt=Respondent]]

[[*ELSE*]] [[CompanyName|pt=Respondent]] [[*ENDIF*]]
Postal Address [[MailingAddressLine|pt=Respondent|ifnull=ignore]] [[MailingCity|pt=Respondent|ifnull=ignore]]
[[MailingStateProvince|pt=Respondent|ifnull=ignore]] [[MailingPostCode|pt=Respondent|ifnull=ignore]]
ABN or ACN [[TaxNumber|pt=Respondent|
ifnull=ignore]] Contractor’s Licence No (if applicable)
Contact details Daytime [[Phone1|pt=Respondent| [[Phone_Mobile|pt=Respondent|fm=d|
fm=d|ifnull=ignore]] Mobile ifnull=ignore]]
telephone
Email [[E_Mail|pt=Respondent|ifnull=ignore]]

Is the respondent is an undischarged bankrupt or in liquidation? Yes No

4. ORDER DETAILS

A. WHAT ORDERS DO YOU WANT?

Tick the orders you are seeking – time limits apply. Rectification is the preferred outcome – refer to page 5
for information about seeking orders for the rectification of defective work (sections 48MA and 48O Home
Building Act 1989).
The maximum amount you can claim is $500,000.
Work orders

Order to do work or services as stated below to the approximate value of $

Order to supply the specified services (listed below) to the approximate value of $
Order to deliver, return or replace the specified goods as stated below to the approximate value of $
You must provide information specifying the work or services that you want supplied, delivered or replaced.

Money orders

Order that I do not have to pay the amount of $

Order to pay the amount of $
Is this amount compensation for loss because of a breach of statutory warranty? Yes No

Other orders

Order to allow my appeal against a decision of the insurer $

Other order not mentioned $

The jurisdiction limit for home building matters is $500,000 TOTAL VALUE OF CLAIM $
NCAT Consumer and Commercial Division Form | Home building Page |
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 If your claim is for more you should seek legal advice

NCAT Consumer and Commercial Division Form | Home building Page |

application 3
B. WHAT ARE YOUR REASONS FOR REQUESTING THE ORDERS?
You must explain why you are lodging this application and asking for Tribunal orders by providing as much
relevant detail as possible. For example, list the defect, its location and an estimate of the cost to
repair (e.g.
Leaks/roof/$5000). Additional information may be attached to this application (e.g. copy of rectification order).

C. INSURANCE DETAILS
Please provide details of your statutory building insurance or statutory public indemnity insurance. If you
have insurance relating to the building work please attach a copy of the certificate to this application
form.

Policy number

Has the insurer been notified? Yes No (if no

why?)

D. CONTRACT DETAILS
If you have a contract in relation to the building work please complete the information below and
attach a copy of the contract to this application form.

Date contract was signed by owner and building contractor

The work commenced on

and was completed on
(or last date builder worked on
site)

Contract amount is: $

How much of the contract amount have you paid or been paid? $

How much do you still owe under the contract? $

Has either party issued any notice under contract? Yes No

NCAT Consumer and Commercial Division Form | Home building Page |

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5. HEARING
A. RELATED FILE NUMBERS
List any previous NCAT file numbers relating to the parties:
[[NCAT_CustData2|ifnull=ignore]]

B. UNAVAILABLE DATES
Indicate dates you are unable to attend hearing in the next 6 weeks:

C. SPECIAL NEEDS
Indicate whether you have any special needs such as a hearing loop or wheelchair access:

D. INTERPRETER
Do you need an interpreter for the hearing? Yes

No If yes,

specify language and dialect:

6. APPLICATION CHECKLIST
I have attached a recent ASIC company or business name extract
If the respondent a company or business, attach a current business name extract or company extract
from ASIC which shows the organisation’s registered name and address. Extracts can be purchased
online on the ASIC website.

I have attached all other documents relevant to this application

Relevant documents may include receipts, contracts or work orders etc.

I have made a copy of this application for my own records

Before lodging your application with NCAT you must make a copy of your application for your own records.

I have attached the application fee

Refer to the fee schedule on the NCAT website. Credit card payments can be made by submitting an
authority form with your application. Cheque or money order payments are to be made out to ‘NSW Civil
and Administrative Tribunal’ or ‘NCAT’. Payment can be made in person at any NCAT Registry or NSW
Service Centre. Concession fee applicants must provide a photocopy of their concession card.

If you are unable to pay the concession fee or are not eligible, NCAT may consider waiving the fee fully
or partially. To request a fee waiver please complete the fee waiver request form.

7. SIGNATURE
Applicant’s signature or signature of representative.

Name Position Title (if company)

Signature Date [[system_date|fm=%-e/%m/%Y]]

Lodge your Application with the fee at your nearest NCAT Registry
For NCAT Consumer and Commercial Division Registry locations visit the NCAT website. For all NCAT
enquires telephone 1300 006 228 or visit www.ncat.nsw.gov.au.

NCAT Consumer and Commercial Division Form | Home building Page |

application 5
GUIDE TO COMPLETING THE APPLICATION FORM
Use the following information to help you complete the NCAT Consumer and Commercial Division Home
building application form. Section headings and numbers match the questions on the form.

1. DISPUTE DETAILS application and provide the registered address for

service. This is commonly referred to as a ‘legal
If your claim is complex due to the nature of the
entity’. Legal entity examples include:
claim and the amount involved, you are strongly
encouraged to seek independent legal advice  Corporation (Smith and Jones Pty Ltd)
before proceeding.  Sole trader (Mary Jones trading as Mary’s
Cupcakes),
A. NSW FAIR TRADING
Contact NSW Fair Trading on 13 32 20 before
lodging this application. Attach proof you have
approached Fair Trading about the dispute to the
application (for example, correspondence,
rectification order, inspection report).

The Home Building Act 1989 requires all home

building disputes be referred in the first
instance to NSW Fair Trading. Exceptions are set
out on the NCAT website.

B. ADDRESS OF BUILDING WORK

This is the address of the premises that is the
subject of the residential building work.
National Disability Insurance Scheme
If the dispute concerns goods or services that you
were provided that were funded by the National
Disability Insurance Scheme (NDIS), please
indicate by ticking the box. For more information
visit the NDIS website.

2. APPLICANT
Applicant type
The applicant is the person, business or company
that is lodging the application. Tick the box that
best describes who you are.
Applicant details
Enter your name as shown on the contract or
agreement. If you are a corporation or business
lodging the application, include your ACN and
registered address or principal place of business for
services of notices.
Do you want NCAT notices and correspondence
emailed to you?
By ticking this box you agree to receive all future
case- related correspondence by email, including
the notice of hearing. To change your email address
after the application is lodged, log into eServices via
the NCAT website.

3. RESPONDENT
Respondent type
The respondent is the person, business or
company who you are lodging the application
against. Tick the box that best describes the
respondent.
Make sure you correctly name the respondent
You must correctly name the parties to an

NCAT Consumer and Commercial Division Form | Home building Page |

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 Natural person (John Smith the date of the contract.
 Natural persons in partnership (John  Appeals about insurance claims must be lodged
Smith and Mary Jones trading as John & within 10 years from completion of the work.
Mary Smith Repairs) Generally appeals must be lodged within 45
 Incorporated association (Smith and Jones Inc). days of written notification by the insurer that
Check if the respondent is bankrupt or in liquidation the claim has been rejected.

NCAT cannot make orders against a business

or company that is in liquidation or if bankrupt.
Seek independent legal advice before
proceeding.
Attach a company or business name extract
If the respondent a company or business,
please attach a current business name extract
or company extract from the Australian
Securities and Investment Commission (ASIC)
which shows their registered name and
address. Extracts can be purchased online on
the ASIC website.

Note: The free summary information on the

ASIC website is not sufficient as it does not
contain address details

4. ORDER DETAILS
A. WHAT ORDERS DO YOU WANT?
Tick the orders you want and provide the
dollar amount of your claim. If you are
seeking a work order you must specify what
you want fixed or provided.
Rectification of building work
Under the Home Building Act 1989 the Tribunal is
to have regard to the principle that rectification
of defective work by the responsible party is
the preferred outcome (s 48MA). The Tribunal
may make an order even if it is not the order
that the applicant asked for (s 48O).
Have you indicated the total amount that
you are claiming?
You must provide a dollar amount for the orders
you want. The jurisdictional limit for home
building claims is $500,000. Claims in excess of
$500,000 should be made to the NSW District
Court or NSW Supreme Court.
Are you making your application within the time limits?
Time limits apply to certain home building
applications.
 For claims for breach of statutory
warranties made from 1 March 2015,
applications must be lodged:
(a) Within 6 years for major defects, or
(b) 2 years otherwise
 For applications concerning the supply
to or for the claimant of building goods
or services:
(a) Within 3 years of the last supply, or
(b) If not supplied, within 3 years from the
date supply was required.
 For all other claims relating to a contract
or collateral contract, within 3 years from

NCAT Consumer and Commercial Division Form | Home building Page |

application 7
Home warranty insurance If you have a special need please specify on the
Consumers with home warranty insurance policies application form. Otherwise contact NCAT and ask
issued after 19 May 2009 and the builder’s licence to speak to a Deputy Divisional Registrar to discuss
is suspended should contact their insurer to your individual requirements.
consider lodging a claim before applying to NCAT.
Seek independent legal advice as strict time limits D. INTERPRETER REQUIRED
apply. NCAT can organise an interpreter upon request for
parties to proceedings. If you need an interpreter
B. WHAT ARE YOUR REASONS FOR REQUESTING for the hearing, tick the box and specify the
THE ORDERS? language and dialect required.
You must give a reason for each order you ask
for. Your reasons must be detailed enough so 6. APPLICATION CHECKLIST
that the respondent can understand what the Use this checklist to ensure you have correctly
dispute is about. If there is insufficient space, completed the application form.
attach additional information on a separate
sheet. I have attached a recent ASIC company or business
name extract
Have you provided details of your claim? If the respondent is a company or business, please
These may include: attach a company extract or business name
 Description of the defects/work requiring extract from ASIC which shows their registered
rectification name and address.
 The amount you have paid. Owe or are owed Extracts can be purchased online on the ASIC website.
 When the work commenced and was finalised I have attached all other documents relevant to this
 The nature of the dispute application
 What you are claiming for (for example, Include all relevant information with your
rectification, replacement, payment/refund of application. Refer to the information below on
money etc). evidence and supporting materials. Do not include
Home building disputes must involve actual work, any confidential information with your application
such as installing tiling in a bathroom. If your as copies of your attachments will be provided to
dispute is only about the supply of faulty goods the respondent.
such as tiles, you should lodge a consumer claim. I have made a copy of this application for my own
records
C. INSURANCE DETAILS Before lodging your application with NCAT you
Provide the policy number of the home warranty must make a copy of your application for your own
insurance and indicate whether the insurer has records.
been notified of your application. If not, attach
additional information explaining why the insurer I have attached the application fee
has not been notified. You must pay the application fee when lodging
your application. The fee schedule is available
D. CONTRACT DETAILS on the NCAT website.
Provide details of the contract or agreement, and Credit card payment can be made by submitting an
attach a copy to the application form. authority form with your application. Cheque or
money order payments are to be made out to ‘NSW
5. HEARING Civil and Administrative Tribunal’ or ‘NCAT’.
A. RELATED FILE NUMBERS Payments can be made in person at any NCAT
Registry or Service NSW Centre.
If you are involved in an NCAT matter or have been
involved in a matter previously relating to these If you are unable to pay the concession fee or are
parties, list all previous file numbers. not eligible, NCAT may consider waiving the fee
fully or partially. To request a fee waiver please
B. UNAVAILABLE DATES
complete the fee waiver request form.
List any dates you are unable to attend a hearing
in the next 6 to 8 weeks. Work, training and study
commitments are generally not accepted. Note:
7. SIGNATURE
Your unavailability may affect the timely listing of You must print your name and sign and date
the matter. the application form. If you are a company,
include your position title (for example,
C. SPECIAL NEEDS
‘company secretary’).

NCAT Consumer and Commercial Division Form | Home building Page |

application 8
EVIDENCE AND SUPPORTING MATERIALS
At the hearing depending on the orders you want, you will need to provide evidence to support your application.
These documents will be provided to the other party. If they are not included with your application, you will
have to bring copies to the hearing for the other party.

 Copies of the contract, quotes and variations

 Certificates of insurance
 Receipts and payment records
 Any correspondence or rectification order
 Copies of notices regarding action in issued by NSW Fair Trading
another court or tribunal
 Witness statements
 Demands or claims for fees
 Photographs.
 Reports from building experts

These documents will be provided to the other party. You should not provide any information that you do you
want disclosed to the other party.

Expert evidence

Experts can be used when evidence of a technical nature is needed. Detailed information about engaging
an expert to give evidence or to provide a technical report is available on the NCAT website.

NCAT Consumer and Commercial Division Form | Home building Page |

application 9