Fair Trading and NCAT: What are the Building Disputes Tribunals in NSW?

Going through a rough patch caused by building disputes?

Fair Trading and NSW Civil & Administrative Tribunal (NCAT) are building disputes tribunals that were established to help you with your building and construction-related problems. The primary goal of the two associations is for the homeowners and builders to reach an agreement that can settle the conflicts.

Given the fact that every construction project has unique problems and issues, the tribunals offer many alternative dispute resolution options.

Let’s start with knowing the basics.

What is a Building Dispute?

A building dispute refers to a construction conflict which will arise when a party to a contract fails, or is perceived to have failed to comply with their legal or contractual obligations to a contracting party. It is a variety of problems that can happen within the construction process. The major reason for building dispute is due to poor contractual documentation.

How NSW Fair Trading and NCAT Can Help with Building Disputes?

1. NSW Fair Trading and Building Disputes

Fair Trading is an association that started the home building dispute resolution service in 2003. You can contact the Fair Trading Building Disputes Tribunal if the dispute is getting out of hand.

How NSW Fair Trading can help you?

  • They can advise the consumer and businesses on fair and ethical practice for their stakeholders.
  • They can assist you with the dispute resolution and can mediate an outcome suitable for all contracting parties.
  • They will protect the rights of all consumers and tradies in the NSW construction industry.

NSW Fair Trading deals with building-related disputes such as:

  • incomplete or defective home building work;
  • damage caused to other structures as a result of home building work being done; and
  • specialist work like electrical wiring, plumbing, gas fitting or air conditioning.

Sometimes building disputes can be complex that you will need an expert construction lawyer to help you to secure your interests and enforce your legal rights. Moreover, when the situation is still unresolved with the assistance of NSW Fair Trading, NCAT can still help you.

2. NSW Civil & Administrative Tribunal (NCAT) and Building Disputes

The association deals with a broad and diverse range of matters including building and construction works. You can lodge an application with NSW Civil & Administrative Tribunal (NCAT) when the consumer and builder cannot reach an agreement and the inspector assigned is not satisfied with the results.

How NCAT can help you?

  • They will let your complaint be heard and determined.
  • They will help you resolve your complicated disputes like tenancy and other residential property issues and disputes about the supply of goods and services.

NCAT deals with building-related disputes:

They can hear and determine applications lodged by homeowners and traders about residential building work up to the value of $500,000 under the Home Building Act 1989 which relates to carrying out of residential building work.

What you need to know:

Disputes can affect your business and project so it is best to know where you stand. You have all the rights to choose the method you would want just to settle the problems.