What is a rectification order on NSW building work?

By BuilderVet team. Last reviewed 2 November 2026.

A rectification order is a written direction from Building Commission NSW telling a builder or developer to fix defective or incomplete building work, or damage, by a set date. NSW has two similar-sounding kinds: a rectification order under the Home Building Act, issued to a licensed contractor usually after a homeowner complaint, and a building work rectification order under the apartment laws, issued to a developer for serious defects.

This guide explains both, what happens if an order is ignored, and how to check whether a builder has orders in force. It is general information, not legal advice.

What types of order can Building Commission NSW issue?

Building Commission NSW says it can issue 4 types of order:

The RAB Act is the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020. Its orders apply to class 2, class 3 and class 9c buildings, or buildings with those parts.

When is a Home Building Act rectification order issued?

This is the order most homeowners meet. Building Commission NSW says it can be issued when:

• residential building work done by or for the contractor is defective
• the work was or is being done in a way that could result in a defect
• the contractor, in the course of the work, damaged a structure or work
• defective work by the contractor damaged a structure or work

It usually follows a complaint. Building Commission NSW says its inspector first assesses whether an onsite inspection is warranted, then meets the consumer and trader on site and writes a complaint inspection report. For complaints, the government says an inspection is only carried out for a major building defect.

If no agreement is reached and the inspector thinks the work is the trader’s responsibility, they may issue a rectification order with a due date. The government says an order will list the work to be fixed or completed, set conditions for both parties, and set a completion date. A staged order sets out the stages in which it must be complied with. See how to lodge a building complaint in NSW.

What if the builder doesn’t comply?

Building Commission NSW says it is a breach of the Home Building Act for a trader to fail to comply with a rectification order. If an order isn’t complied with by the date set, it continues to have effect unless it is revoked.

For homeowners, the government’s dispute guidance says that if the order isn’t complied with, or you aren’t satisfied with the decision, you can lodge a claim with NCAT. Once a claim is lodged, the order stops having effect and the tribunal hears the matter. NCAT asks you to attach a copy of the order. See how NCAT home building claims work.

If the inspector isn’t satisfied, on the balance of probabilities, that the work is the trader’s responsibility, you can still apply to NCAT.

What about apartment buildings?

For residential apartment buildings, Building Commission NSW focuses on the construction phase, before an occupation certificate is issued. It says the RAB Act lets it enter a construction site to investigate serious defects and, if there are defects, issue orders to prohibit an occupation certificate, require rectification or stop work.

Serious defects broadly cover failures to meet Building Code of Australia performance requirements, or defective design or workmanship relating to waterproofing, fire safety, structure, enclosures or cladding, and services.

For building work rectification orders, Building Commission NSW says it monitors the developer’s compliance. If the developer doesn’t comply, it may take enforcement action, including asking the Land and Environment Court to order compliance, or prosecuting. It notes that any penalty a court imposes goes to the government, not to the owners corporation. A developer can appeal to the Land and Environment Court within 30 days, but the appeal doesn’t stop the order unless the court says so.

Where the developer is also a building contractor, Building Commission NSW says its disciplinary unit will consider action against the builder’s licence.

How do you check whether a builder has orders?

Building Commission NSW publishes stop work orders, prohibition orders, building work rectification orders and rectification orders currently in force on its register of building work orders. An order is listed while it remains in force.

Use this checklist before you sign:

• Search the register of building work orders for the company and director names
• Check the licence record on Verify NSW for conditions or disciplinary history. See how to check a NSW builder for disciplinary action
• For apartment work, check the building practitioner registration. See what a registered building practitioner is
• Remember the register shows orders in force, so an empty result doesn’t mean there were never any

Worked example: a renovation with cracked render

Say an owner complains that new render on an extension is cracking and water is getting in.

1. The owner lodges a complaint with photos and the contract.
2. An inspector decides a site visit is warranted, meets both parties and writes a complaint inspection report.
3. The builder won’t agree to fix it, so the inspector issues a rectification order listing the render and flashing work and a due date.
4. The date passes and nothing is done. The owner applies to NCAT and attaches the order. The order stops having effect and NCAT hears the claim.

How BuilderVet helps

Our free check shows the licence, ASIC and ABN records for a builder, with the date we checked each one. For NSW builds, Build Watch (A$79 once) sends change notices for 24 months. See pricing.

Frequently asked questions

Who issues rectification orders in NSW?

Building Commission NSW. Home Building Act orders go to the contractor licence holder, and RAB Act orders go to developers.

Is ignoring a rectification order an offence?

Building Commission NSW says it is a breach of the Home Building Act to fail to comply, and it is an offence to fail to comply with an order.

Can I go to NCAT after a rectification order?

Yes. If the order isn’t complied with or you are unhappy with the decision, you can apply to NCAT. The order then stops having effect.

Does Building Commission NSW do a full inspection of my home?

No. The government says inspectors only look at the specific items in the dispute.

Where can I see orders against a builder?

On Building Commission NSW’s register of building work orders, which lists orders currently in force.

What is a prohibition order?

An RAB Act order that can stop an occupation certificate being issued, or a strata plan being registered, for an apartment building.

Sources

• Building Commission NSW, About orders from Building Commission NSW, https://www.nsw.gov.au/departments-and-agencies/building-commission/register-of-building-work-orders/about-orders-from-building-commission-nsw (checked 2026-11-02)
• Building Commission NSW, Home building dispute resolution, https://www.nsw.gov.au/departments-and-agencies/building-commission/about-us/consumer-protection-schemes-and-systems/home-building-dispute-resolution (checked 2026-11-02)
• NSW Government, Resolving building disputes with your builder or tradesperson, https://www.nsw.gov.au/housing-and-construction/building-or-renovating-a-home/resolving-building-disputes (checked 2026-11-02)
• Building Commission NSW, How Building Commission NSW deals with building defect complaints, https://www.nsw.gov.au/departments-and-agencies/building-commission/about-us/building-defect-complaints (checked 2026-11-02)
• Building Commission NSW, Register of building work orders, https://www.nsw.gov.au/departments-and-agencies/building-commission/register-of-building-work-orders (checked 2026-11-02)
• NCAT, Home building claims under $30,000, https://ncat.nsw.gov.au/case-types/housing-and-property/home-building/home-building-claims-under-30-000.html (checked 2026-11-02)

Last reviewed 2 Nov 2026