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How do I take a home building dispute to NCAT?

By BuilderVet team. Last reviewed 2 November 2026.

You take a home building dispute to the NSW Civil and Administrative Tribunal (NCAT) by lodging an application in its Consumer and Commercial Division, online or on a PDF form, usually after the government’s building dispute resolution process has run. The fee depends on the amount you claim, and claims under $30,000 follow a simpler path than larger ones.

This guide explains the steps, the fees as at 1 July 2026, what to prepare and what happens at the hearing. It is general information, not legal advice. For larger or complex claims, consider getting legal advice.

What can NCAT decide in a home building case?

NCAT says it can hear and decide disputes about residential building work in NSW, and its orders can cover:

  • payment for home building work or services
  • incomplete or defective home building work
  • specialist work such as electrical, plumbing, gasfitting and air conditioning
  • damage caused to other structures by home building work
  • insurance claim appeals

NCAT’s home building guideline says that, under section 48MA of the Home Building Act, the tribunal is to treat rectification by the party responsible for defective work as the preferred outcome. In practice, it says that unless there is a good reason not to, it will generally order the responsible party to fix the work.

What do you have to do before applying?

NCAT says home building disputes must first go through the government’s dispute resolution process, and you must attach evidence of it unless your matter is exempt. NCAT’s page still refers to NSW Fair Trading, but complaints are now lodged with Building Commission NSW. See how to lodge a building complaint in NSW.

NCAT lists these exempt matters:

  • appeals against an insurer’s decision under the required insurance
  • debt recovery by a contractor
  • cross-claims in an existing NCAT matter
  • where the time for lodging a claim is due to expire within 3 months
  • claims involving unlicensed contractors
  • claims by a trader against a subcontractor about defective work
  • claims involving deregistered companies
  • claims against companies or people in administration, liquidation or bankruptcy

If Building Commission NSW issued a rectification order that wasn’t followed, attach a copy to your application.

How much does it cost to apply?

These are NCAT’s fees for general consumer or commercial proceedings, which include home building, as at 1 July 2026.

Amount claimed Standard fee Corporation fee Reduced fee
Up to $10,000 (or no amount) $64 $128 $16
Over $10,000 to $30,000 $133 $266 $33
More than $30,000 $344 $688 $86

NCAT says the reduced fee applies to eligible pensioners and people with a grant of legal aid or help from a community legal centre. Other costs can apply, such as expert reports.

How do you prepare the application?

NCAT’s guideline says you should apply only when you are ready, having got the expert reports and documents you need. Use this checklist.

  • Evidence of the Building Commission NSW process, or a reason you are exempt
  • The building contract and any variations
  • The certificate of insurance
  • Building reports and quotes for repairs
  • Photos and all correspondence
  • Any rectification order or inspector’s report
  • The contractor’s licence details
  • A recent ASIC company or business name extract if the other party is a business or company
  • A short typed summary, in numbered paragraphs, of your claim and the exact orders you want

Naming the other party correctly matters. NCAT warns that wrong details can cause delays or unenforceable orders. See how to check a builder’s company on ASIC.

You also need to lodge within the time limit. NCAT’s guideline points to sections 48K and 18E of the Home Building Act. For the warranty periods, see statutory warranties for building work in NSW.

What happens under $30,000?

NCAT’s guideline says claims under $30,000 are first listed for conciliation and hearing. Several cases are listed at the same time, and NCAT must encourage the parties to reach agreement through conciliation first. Conciliation is confidential and private.

If you agree, NCAT will, as far as possible, make binding orders confirming the agreement. If you don’t agree, the case will generally be heard on the day, though it may be adjourned.

Bring 3 copies of all relevant documents, including the contract, correspondence, expert reports, quotes, the insurance certificate, photos and any inspector’s report or rectification order.

NCAT may order an independent expert to assess the work. The expert’s costs are split equally between the parties, and you can’t call your own expert without NCAT’s leave.

What happens over $30,000?

Claims over $30,000 are first listed for directions. NCAT may set a timetable for:

  • points of claim and points of defence
  • expert reports
  • a Scott Schedule, which itemises each defective or incomplete item
  • a bundle of documents in date order
  • a meeting of experts, which can be an on-site conclave with a Tribunal Member
  • conciliation or mediation

NCAT says the applicant won’t usually get a long time to comply because it expects claims to be prepared before filing. Expert evidence in these claims must follow NCAT Procedural Direction 3.

What if someone doesn’t follow directions?

NCAT’s guideline says a party who doesn’t provide documents on time may not be able to rely on them. If an applicant keeps failing to comply, the case may be dismissed. If a respondent keeps failing to comply, the tribunal may decide in the applicant’s favour. If you need more time, write to the Registrar before the due date.

Worked example: a $45,000 defects claim

Say an owner has a building report listing $45,000 of defects, and mediation through Building Commission NSW has failed.

  1. They gather the contract, report, photos, emails and insurance certificate, plus an ASIC extract for the building company.
  2. They write a numbered summary asking for a work order to fix the defects, or a money order if the tribunal won’t order the builder back.
  3. They pay the $344 standard fee, since the claim is over $30,000.
  4. At the first directions hearing, NCAT sets a timetable for points of claim, expert reports and a Scott Schedule.
  5. The experts meet at a conclave and narrow the issues, and the parties settle on a written scope of works that NCAT makes into orders.

How BuilderVet helps

Our free check shows the licence, ASIC and ABN records for a builder, which helps you name the right party. You can also search past NCAT decisions about a business before you sign. For NSW builds, Build Watch (A$79 once) sends change notices for 24 months. See pricing.

Frequently asked questions

Do I have to go to Building Commission NSW first?

Usually yes. NCAT says home building disputes must first go through the dispute resolution process unless the matter is exempt.

How much is the NCAT application fee?

As at 1 July 2026, the standard fee is $64 up to $10,000, $133 from over $10,000 to $30,000, and $344 above $30,000.

Can I use my own expert?

For claims over $30,000, expert reports are common and must follow Procedural Direction 3. In claims under $30,000, if NCAT appoints an expert, you need leave to use your own.

Will NCAT order the builder to come back?

Often. NCAT says rectification by the responsible party is the preferred outcome unless there is a good reason not to.

What is a Scott Schedule?

A form that lists each defective or incomplete item and each side’s position. NCAT says it is generally used in complex matters.

What if my builder’s company has been deregistered?

NCAT lists claims involving deregistered companies as exempt from the prior dispute process. Check the company on ASIC and consider legal advice.

Can I settle before the hearing?

Yes. You can withdraw your application in writing at any time, or ask NCAT to make orders reflecting a signed agreement.

Sources

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Last reviewed 2 Nov 2026