Skip to content
BuilderVet
Join free

What can Building Commission NSW do about a builder?

By BuilderVet team. Last reviewed 2 November 2026.

Building Commission NSW can help resolve your dispute, send an inspector, order a builder to fix defective work, and take enforcement action such as penalty notices, disciplinary action against a licence, prosecution or court injunctions. What it generally can’t do is award you compensation or keep you updated on an investigation, so for money orders you usually need NCAT.

This guide explains who Building Commission NSW is, the tools it has, and where its role stops. It is general information, not legal advice.

Who is Building Commission NSW?

Building Commission NSW was established on 1 December 2023. It now handles the building work that many people still associate with NSW Fair Trading. It says it manages:

  • disputes and complaints about building, renovation, trade or specialist trade work on residential and non-residential buildings
  • inspections and compliance for building quality in residential construction
  • licensing for tradespeople, design practitioners and certifiers
  • policy development and reform of NSW building laws

It administers the Home Building Act 1989, which it says requires builders and tradespeople, including specialist trades such as plumbing, electrical and air conditioning, to be licensed for the residential building work they do. That Act also sets standards for competence, probity, contracts, statutory warranties and the Home Building Compensation Fund.

What can it do when you complain?

Tool What it does Where to read more
Dispute resolution Tries to reach an outcome both parties accept. Both must agree to take part Lodge a building complaint
Site inspection An inspector meets both parties on site and writes a complaint inspection report. For complaints, this is for major defects Rectification orders
Rectification order Directs the trader to fix work by a due date. Failing to comply is a breach of the Home Building Act Rectification orders
Stop work order Stops work that could cause significant harm, loss or property damage Rectification orders

Building Commission NSW reports that, on average, about 70% of building disputes are resolved at the initial mediation or inspection stage. It says its inspectors help with about 2,500 disputes a year, on-site inspections take place on average within 22 working days, and resolution, including the rectification work, takes on average 39 days. Those are its own averages, not a promise for your case, and its complaints page warns that the current wait may be up to 18 weeks.

What enforcement tools does it have?

Building Commission NSW says it investigates alleged breaches of the Home Building Act and has these options:

  • a penalty notice
  • prosecution through the Local Court
  • injunctive action in the Supreme Court of NSW
  • disciplinary action

Its compliance and enforcement policy also lists disciplinary action against a licence or registration, and says it will make information about enforcement action available on public registers, mainly through Verify NSW. It also runs compliance programs aimed at unlicensed contractors, and monitors people who have been prosecuted or disqualified so they don’t return to the industry.

For apartment buildings, it has extra powers under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020. These include entering a construction site to investigate serious defects and issuing prohibition orders, building work rectification orders and stop work orders. See what a registered building practitioner is for the related design and building practitioner scheme.

What won’t it do?

Knowing the limits saves time and frustration.

  • It won’t give you regular updates on enforcement action. Its policy says that in most circumstances it will not provide regular information on the status and outcomes of enforcement action to complainants, to protect the integrity of the action and fairness to the people involved. You can see public registers and published decisions.
  • It generally won’t release information that could jeopardise an investigation.
  • It may decide not to take enforcement action. Its policy acknowledges complainants may not always agree with its approach, and says it will explain its reasons and, where possible, suggest other remedies.
  • It won’t do a general inspection of your home. Inspectors look only at the items in the dispute.
  • It can’t stop the warranty clock. If you are near the end of the statutory warranty period, it advises you to also apply to NCAT. See statutory warranties for building work in NSW.

For apartment building work rectification orders, Building Commission NSW notes that if it prosecutes a developer, the court penalty goes to the government and is not paid to the owners corporation to fix defects.

What should you have ready before you contact it?

Service NSW lists what to have ready for a complaint:

  • Details of the contractor and the work, including dates, council application number, value and payments made
  • Contracts and agreements
  • Your home warranty or HBCF certificate, if relevant
  • Correspondence, photos and reports
  • Compliance certificates from an electrician, plumber or gasfitter, if relevant

Check the contractor’s licence first so you name the right business. See how to check if a builder is licensed in NSW.

When do you need NCAT instead?

NCAT can make orders about payment for building work, incomplete or defective work, specialist work, damage to other structures and insurance claim appeals. If you want money, or a binding order after Building Commission NSW’s process has run, NCAT is usually the next step. See how NCAT home building claims work.

Worked example: a builder who stops answering

Say a builder leaves a renovation with defective waterproofing and stops replying.

  1. The owner lodges a complaint and gets an inspection. The inspector issues a rectification order.
  2. The order isn’t followed. The owner asks Building Commission NSW what happens next and is told enforcement decisions won’t be shared as they progress.
  3. The owner applies to NCAT for a work order or money order, attaching the rectification order.
  4. Months later, the owner checks Verify NSW and the register of building work orders for any public action against the builder.

How BuilderVet helps

Our free check pulls the public NSW licence, ASIC and ABN records into one place, with the date we checked each. For NSW builds, Build Watch (A$79 once) sends change notices for 24 months, which helps you notice public changes even though the regulator won’t update you directly. See pricing.

Frequently asked questions

Is Building Commission NSW part of NSW Fair Trading?

It was established on 1 December 2023, and the Fair Trading building complaints page now says Building Commission NSW is the point of contact for building complaints.

Can Building Commission NSW make my builder pay me?

It can order a builder to fix work. For money orders, you generally need to apply to NCAT.

Will I be told the outcome of an investigation?

Usually not directly. Its policy says it generally won’t give complainants regular updates, but you can check public registers and published decisions.

Can it cancel a builder’s licence?

Its enforcement options include disciplinary action against a licence or registration. Outcomes are published mainly through Verify NSW.

Does it handle apartment defects?

Yes. Under the apartment laws, it can investigate serious defects during construction and issue orders to developers.

Does it handle plumbing and electrical complaints?

Yes. It handles complaints about specialist trade work, including electrical wiring, plumbing, gasfitting and air conditioning, on residential and non-residential buildings.

How long does the process take?

It reports average inspections within 22 working days and resolution in 39 days, but its complaints page warns current waits may be up to 18 weeks.

Sources

Related guides

Put the records beside your quote

Search the exact business on your quote. Read the source dates and gaps before you decide.

Find your builder See a sample report

Last reviewed 2 Nov 2026