Guide · updated November 2026
New home defects in NSW: your warranty rights
Statutory warranties under the Home Building Act 1989: 6 years from completion for major defects, 2 years for other defects. These sit alongside any defects liability period in your contract.
If the builder won't fix defects
- Write to your builder listing every defect and a reasonable time to fix it
- If unresolved, lodge a building complaint with NSW Fair Trading / Building Commission NSW
- Apply to NCAT (Home Building Division) within the warranty period
- Home Building Compensation (insurance) only applies if the builder dies, disappears, becomes insolvent or loses their licence
Sources: Building Commission NSW: defect complaints · NSW Fair Trading: building complaints
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Start my inspection My deadlinesMore: New home handover checklist (room by room) · Practical completion inspection: a buyer's guide · Shower ponding: test the falls before you take handover · Drummy tiles: check them before handover · Weep holes: check they're clear before handover · New home defects in Victoria: your rights · Queensland: the defects document and home warranty deadlines · Documents to collect at handover