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

  1. Write to your builder listing every defect and a reasonable time to fix it
  2. If unresolved, lodge a building complaint with NSW Fair Trading / Building Commission NSW
  3. Apply to NCAT (Home Building Division) within the warranty period
  4. 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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More: 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