How to check a NSW builder for disciplinary action

By BuilderVet team. Last reviewed 2 November 2026.

Look up the builder’s licence on the NSW Government’s Verify NSW licence check, because that record is where finalised disciplinary action, public warnings, formal cautions, penalty notices and licence suspensions or cancellations are shown. Then check Fair Trading’s public warnings, the Building Commission NSW disciplinary register if the builder is a registered practitioner, and published tribunal decisions, since no single list holds everything.

This guide explains what each of those places records, what the entries mean, and the gaps you need to know about. If you only need to confirm a licence is current, start with how to check if a builder is licensed in NSW. If you want the licence, company and regulator records together, run a free BuilderVet check.

Who takes disciplinary action against NSW builders?

Building Commission NSW is the regulator for the NSW building and construction industry. Its compliance and enforcement policy says its responsibilities include regulating the quality of residential building work and regulating people who need a licence to provide building services, including builders and specialist trades. The Home Building Act 1989 and the Design and Building Practitioners Act 2020 are among the laws it applies.

The same policy lists the kinds of enforcement action it can take: penalty infringement notices, disciplinary action against a licence or registration, and in more serious cases prosecution or court proceedings. It also says it will make information about enforcement action against a licence or registration holder available on a public register, mainly through Verify NSW.

What does the licence record show about discipline?

The NSW Government’s guide to checking a contractor says the licence check shows the holder’s name, licence numbers, categories and expiry dates. It also shows:

• the type of licence or certificate held and its current status
• any cancellation or suspension under the Home Building Act 1989 or the Fair Trading Act 1987
• any conditions endorsed on the licence
• public warnings issued about the holder under section 23 of the Home Building Act
• formal cautions and penalty infringement notices
• any instance of not complying with a related tribunal order
• the results of prosecutions under the Act where the holder was found guilty

The full list of what can appear is set by clause 69 of the Home Building Regulation 2014. The register’s own fact sheet adds that it shows whether Home Building Compensation Fund or other statutory insurance claims have been paid for the contractor’s work.

What will you not find on the licence record?

This is the part people miss. The register’s fact sheet says it does not show whether there have been consumer complaints, or whether the licensee is currently under investigation. It also says some compliance actions, such as education letters or warning letters, are not published.

Building Commission NSW’s policy explains why. It says it generally will not release information that could jeopardise regulatory action or an ongoing investigation, and that in most cases it will not give complainants regular updates on enforcement action. Unless there is an immediate risk of serious harm, a builder facing disciplinary proceedings is told first and usually given at least 14 days to make submissions.

So a clean licence record means no published action, not that nothing is happening. A matter may be open and simply not visible yet.

Where else are warnings and decisions published?

Public warnings matter because they can be issued about people who have never held a licence. Fair Trading’s guidelines for its Name and Shame Register say it may issue public warnings about traders, services, business practices and persons when it is in the public interest, and that published public warnings stay on that register permanently.

The design and building practitioners register covers people registered under the Design and Building Practitioners Act. That scheme currently applies to class 2 apartment buildings, certain class 3 buildings and class 9c aged care buildings, so most house builders will not be on it. See what a registered building practitioner is for when it applies.

For the complaints register, we have a separate guide: the NSW Fair Trading complaints register explained.

What do the different actions mean?

Building Commission NSW’s policy sets out a sliding scale. For minor matters, such as minor defects, an isolated event and no history, responses include trader education, a formal warning or a penalty infringement notice. For moderate matters, such as major defects, several consumers affected or repeat conduct, it lists orders to fix defects, voluntary undertakings, and disciplinary action such as a fine, a temporary suspension or licence conditions. For major matters, such as serious defects, a recurring pattern or deliberate conduct, it lists stop work orders, licence cancellation, public warnings and prosecution.

That gives you a rough way to read a record:

• A formal caution or penalty notice usually sits at the minor end. Ask the builder what happened and what changed.
• Conditions on a licence limit how the holder may work. Read the conditions and check your job fits within them.
• A temporary suspension means the holder can’t contract or do work while it runs.
• A cancellation ends the licence. See what to do if a builder’s licence is cancelled, expired or suspended.
• A public warning is the regulator telling consumers directly to take care.

We do not tell you whether to hire someone based on this. A single old caution and a current suspension are very different things, and context matters.

Worked example: reading a record before you sign

Say you have a quote from a company for a $90,000 extension. You do these steps:

1. Search the company’s licence number on Verify NSW. The licence is current, in the right category, with one formal caution from several years ago and no conditions.
2. Search the director’s name too. Individuals and companies hold separate licences, and the register does not always link them.
3. Search Fair Trading’s public warnings for the company name, the director and any trading name on the quote. Nothing comes up.
4. Search the business name on NSW Caselaw and AustLII. You find one published home building decision from a few years back, which you read in full.
5. Check the Complaints Register for the company name.

Now you have specific questions: what the caution was for, and how the tribunal matter ended. A builder who answers clearly and in writing gives you more to go on than a builder who won’t discuss it.

Checklist

• Licence checked on Verify NSW for the company and each director
• Conditions on the licence read, if any
• Fair Trading public warnings searched under every name on the quote
• Design and building practitioners disciplinary register checked, for apartment or multi-unit work
• Tribunal decisions searched on NSW Caselaw and AustLII
• Complaints Register checked
• Any record discussed with the builder and their answer kept in writing

How BuilderVet helps

A record can change after you sign. The free BuilderVet check shows the current NSW licence status with the date we checked it. For NSW builds, Build Watch (A$79 once) sends change notices for 24 months, so you hear if the licence record changes during your build. See pricing.

Frequently asked questions

Does the NSW licence check show disciplinary action?

Yes. It shows finalised disciplinary action, suspensions and cancellations, licence conditions, public warnings under section 23 of the Home Building Act, formal cautions, penalty infringement notices and guilty prosecution results.

Can I find out if a builder is under investigation?

Generally no. The register does not show current investigations, and Building Commission NSW says it generally won’t release information that could jeopardise an ongoing investigation.

Are warning letters published?

No. The register’s fact sheet says some actions, such as education or warning letters, are not published on the register.

Can a public warning be about someone without a licence?

Yes. Fair Trading’s guidelines say it may issue public warnings about traders, services, business practices and persons when it is in the public interest.

How long do public warnings stay up?

Fair Trading’s guidelines say public warnings published on its Name and Shame Register remain there permanently.

Does a complaint against a builder show on the licence record?

No. Complaints are not shown on the licence record. Businesses with 10 or more complaints in a calendar month appear on Fair Trading’s separate Complaints Register.

Who regulates builders in NSW now?

Building Commission NSW is the regulator for the NSW building and construction industry, including licensed builders and specialist trades.

Sources

• NSW Government, Checking your contractor or tradesperson is qualified, https://www.nsw.gov.au/housing-and-construction/building-or-renovating-a-home/preparing/checking-your-contractor-or-tradesperson-qualified (checked 2026-11-02)
• NSW Government, Public Register Facts, https://www.onegov.nsw.gov.au/publicregister/static/facts.html (checked 2026-11-02)
• Building Commission NSW, Compliance and enforcement policy, https://www.nsw.gov.au/departments-and-agencies/building-commission/about-us/compliance-and-enforcement-policy (checked 2026-11-02)
• Building Commission NSW, Design and building practitioners disciplinary register, https://www.nsw.gov.au/departments-and-agencies/building-commission/design-and-building-practitioners-disciplinary-register (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)
• Building Commission NSW, Undertakings in building and construction, https://www.nsw.gov.au/departments-and-agencies/building-commission/undertakings-building-and-construction (checked 2026-11-02)
• NSW Fair Trading, Guidelines for the NSW Fair Trading Name and Shame Register, https://www.nsw.gov.au/departments-and-agencies/fair-trading/how-we-regulate/name-and-shame-register/guidelines (checked 2026-11-02)
• NSW Fair Trading, Online registers and tools, https://www.nsw.gov.au/departments-and-agencies/fair-trading/stay-informed/online-registers-and-tools (checked 2026-11-02)

Last reviewed 2 Nov 2026