NSW Home Building Act 1989
The New South Wales law on home building: who may contract for and do residential building work and specialist trades, what a home building contract must contain, the 5-day cooling-off right, the 10% deposit cap and authorised progress payments, kit home contracts, the statutory warranties and their 6 and 2 year periods, licence conditions, rectification and stop work orders, home building compensation insurance before work starts or money is taken, and the duties of the insurers.
NSW Home Building Act 1989 is a compliance framework from Australia: New South Wales with 8 domains and 65 controls that map to 1 other frameworks. The largest domains are Part 2: Contracting for and doing residential building work and specialist work – NSW Home Building Act 1989 (23 controls), Part 6: Home building compensation insurance – NSW Home Building Act 1989 (11 controls), Part 2A: Supply of kit homes – NSW Home Building Act 1989 (8 controls). Every control below carries what it requires and what an assessor expects to see.
Framework summaries on this platform are AI-assisted interpretations for educational and compliance planning purposes. They do not reproduce or replace the official standards. Refer to the authoritative source for the definitive text. Framework names and trademarks belong to their respective organisations.
Framework Domains (8)
Part 2: Contracting for and doing residential building work and specialist work – NSW Home Building Act 1989
| Code | Title |
|---|---|
| nsw-home-building-act-1989::s11B | s 11B Give the approved information on the role of a registered certifier |
| nsw-home-building-act-1989::s11C | s 11C No undue influence over the owner's choice of registered certifier |
| nsw-home-building-act-1989::s11D | s 11D and Schedule 2 Part 1A Include the certifier selection terms |
| nsw-home-building-act-1989::s12 | s 12 Only licensed contractors, owner-builders and their employees do the work |
| nsw-home-building-act-1989::s13 | s 13 Residential building work done by qualified people or under their supervision |
| nsw-home-building-act-1989::s14 | s 14 Electrical wiring work only by qualified supervisors or supervised certificate holders |
| nsw-home-building-act-1989::s15 | s 15 Refrigeration or air-conditioning work only by authorised holders or under immediate supervision |
| nsw-home-building-act-1989::s15A | s 15A Mechanical services and medical gas work only by qualified people |
| nsw-home-building-act-1989::s15B | s 15B Medical gasfitting work only by qualified people |
| nsw-home-building-act-1989::s15C | s 15C Medical gas technician work only by qualified people |
| nsw-home-building-act-1989::s16 | s 16 Licence holder ensures work is done or supervised by qualified people |
| nsw-home-building-act-1989::s4 | s 4 Unlicensed contracting: contract only under an appropriate contractor licence and engage only licensed subcontractors |
| nsw-home-building-act-1989::s5 | s 5 No offering or advertising of work by or for an unlicensed person |
| nsw-home-building-act-1989::s7 | ss 7 and 7A Written contract with the required content for jobs above the prescribed amount |
| nsw-home-building-act-1989::s7AA | s 7AA Give the approved consumer information before contracting |
| nsw-home-building-act-1989::s7AAA | s 7AAA Written contract for small jobs |
| nsw-home-building-act-1989::s7B | s 7B Give the owner a signed copy of the contract within 5 clear business days |
| nsw-home-building-act-1989::s7BA | ss 7BA and 7BB Honour the 5-day cooling-off right and the rescission right where the warning was omitted |
| nsw-home-building-act-1989::s7C-7D | ss 7C and 7D No arbitration clauses and no interests in or caveats over the owner's land |
| nsw-home-building-act-1989::s7E | s 7E and Schedule 2 Part 1 Include the mandatory terms on plans, variations and quality of construction |
| nsw-home-building-act-1989::s8 | s 8 Deposit capped at 10% of the contract price |
| nsw-home-building-act-1989::s8A | s 8A Only authorised progress payments |
| nsw-home-building-act-1989::s9 | s 9 Display plans, specifications and the standard contract at exhibition homes |
Part 2A: Supply of kit homes – NSW Home Building Act 1989
| Code | Title |
|---|---|
| nsw-home-building-act-1989::s16D | ss 16D and 16DA Written kit home contract with the required content |
| nsw-home-building-act-1989::s16DAA | s 16DAA Kit home consumer information before contracting |
| nsw-home-building-act-1989::s16DB | s 16DB Signed copy of the kit home contract within 5 clear business days |
| nsw-home-building-act-1989::s16DBA | ss 16DBA and 16DBB Kit home cooling-off and rescission where the warning was omitted |
| nsw-home-building-act-1989::s16DC-16DD | ss 16DC and 16DD No arbitration clauses and no land interests in kit home contracts |
| nsw-home-building-act-1989::s16DE | s 16DE and Schedule 2 Part 2 Include the mandatory kit home terms |
| nsw-home-building-act-1989::s16E | s 16E Kit home deposit capped at 10% |
| nsw-home-building-act-1989::s16F | s 16F Display plans and contract at kit home exhibition homes |
Part 3: Licences, certificates and owner-builder permits – NSW Home Building Act 1989
| Code | Title |
|---|---|
| nsw-home-building-act-1989::s32AA | s 32AA Owner-builders engage only licensed contractors |
| nsw-home-building-act-1989::s34 | s 34 Update pending applications within 7 days |
| nsw-home-building-act-1989::s36 | s 36 and Schedule 3 Comply with authority conditions and notify changes within 7 days |
| nsw-home-building-act-1989::s42A-44 | ss 42A(7) and 44 Lodge a suspended, cancelled or varied authority with the Secretary |
| nsw-home-building-act-1989::s46A-47 | ss 46A and 47 No lending of an authority; produce it on demand |
Part 6: Home building compensation insurance – NSW Home Building Act 1989
| Code | Title |
|---|---|
| nsw-home-building-act-1989::s101 | s 101 Policies deem a s 42A licence suspension to be insolvency |
| nsw-home-building-act-1989::s102 | ss 102 and 103B Insurance of an approved kind, minimum cover and minimum periods |
| nsw-home-building-act-1989::s103EA | s 103EA No false or misleading insurance applications |
| nsw-home-building-act-1989::s103EB | s 103EB Insurers and intermediaries must not misrepresent cover as compliant |
| nsw-home-building-act-1989::s92 | s 92 Insure contract work and give the certificate before starting work or taking money |
| nsw-home-building-act-1989::s92A | s 92A Give the insurer the prescribed contract particulars |
| nsw-home-building-act-1989::s95 | s 95 Owner-builder sale warning in the contract of sale |
| nsw-home-building-act-1989::s96 | s 96 Insure work not done under contract and attach the certificate on sale |
| nsw-home-building-act-1989::s96A | s 96A Developers attach the builder's insurance certificate and give the brochure on sale |
| nsw-home-building-act-1989::s96B | s 96B Warning when selling a house or unit excluded as commercial accommodation |
| nsw-home-building-act-1989::s99 | ss 99 and 100 Insurance contracts must cover the prescribed risks |
Parts 2B and 2C: Licence representations and statutory warranties – NSW Home Building Act 1989
| Code | Title |
|---|---|
| nsw-home-building-act-1989::s17-18 | ss 17 and 18 No misrepresentation about contractor licences or certificates |
| nsw-home-building-act-1989::s18B | s 18B Perform the work to the statutory warranties |
| nsw-home-building-act-1989::s18BA | s 18BA Duties of the person with the benefit of the warranty: mitigate, notify within 6 months, allow access |
Parts 3A and 3B: Building disputes and rectification orders – NSW Home Building Act 1989
| Code | Title |
|---|---|
| nsw-home-building-act-1989::s48E | s 48E(5) Comply with an inspector's rectification order (licence condition) |
| nsw-home-building-act-1989::s48T | s 48T No false notice that a Tribunal order was complied with |
| nsw-home-building-act-1989::s48V | s 48V Notify the Secretary of a court order to pay a building claim within 7 days |
| nsw-home-building-act-1989::s49E | ss 49B(6) and 49E Comply with the Secretary's rectification order |
Parts 6A, 6B and 6C: Insolvent insurers, alternative indemnity products and insurer licensing – NSW Home Building Act 1989
| Code | Title |
|---|---|
| nsw-home-building-act-1989::s105A | s 105A Only licensed insurers and providers issue home building cover |
| nsw-home-building-act-1989::s105H | s 105H Licensed insurers and providers comply with licence conditions |
| nsw-home-building-act-1989::s105S | s 105S Prepare, follow and revise a business plan for the home building insurance business |
| nsw-home-building-act-1989::s105T-105U | ss 105T and 105U Disclose re-insurance arrangements and investment of funds |
| nsw-home-building-act-1989::s105V-105W | ss 105V and 105W Keep records, lodge quarterly returns and assist audits |
| nsw-home-building-act-1989::s105X | ss 105X and 121C Supply information, claim details and scheme data to the Authority |
| nsw-home-building-act-1989::s105ZA | s 105ZA Notify the Authority of defaults and capital events within 21 days |
Parts 7 and 8: Secretary functions, loose-fill asbestos and general provisions – NSW Home Building Act 1989
| Code | Title |
|---|---|
| nsw-home-building-act-1989::s119C | s 119C Display loose-fill asbestos warning signs and do not remove them |
| nsw-home-building-act-1989::s127 | ss 127 and 127A Answer information notices and name the people doing the work |
| nsw-home-building-act-1989::s128 | s 128 Do not obstruct inspectors; give reasonable facilities and assistance |
| nsw-home-building-act-1989::s129 | s 129(9) Comply with a stop work order |
Maps to 1 other framework
Coverage is not the same as your position
This page shows what NSW Home Building Act 1989 overlaps with in general. Where your organisation actually stands, against the standard you are going for and the certifications you already hold, is a different question. Same graph and the same recorded refutations, scoped to you rather than to a pair.
The Compliance Position Diagnostic, $5,000 fixed, ten business daysWhat is NSW Home Building Act 1989 and who does it apply to?
NSW Home Building Act 1989 is a compliance framework from Australia: New South Wales with 8 domains and 65 controls. The New South Wales law on home building: who may contract for and do residential building work and specialist trades, what a home building contract must contain, the 5-day cooling-off right, the 10% deposit cap and authorised progress payments, kit home contracts, the statutory warranties and their 6 and 2 year periods, licence conditions, rectification and stop work orders, home building compensation insurance before work starts or money is taken, and the duties of the insurers. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does NSW Home Building Act 1989 actually require?
NSW Home Building Act 1989 has 65 controls organised across 8 domains. The largest domains are Part 2: Contracting for and doing residential building work and specialist work – NSW Home Building Act 1989 (23 controls), Part 6: Home building compensation insurance – NSW Home Building Act 1989 (11 controls), Part 2A: Supply of kit homes – NSW Home Building Act 1989 (8 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of NSW Home Building Act 1989 do I already cover?
NSW Home Building Act 1989 maps to 1 other compliance frameworks. The top mapping partners are Queensland Building and Construction Commission Act 1991 (40% coverage). Use our comparison tool to explore control-level mappings between frameworks.
How do I implement NSW Home Building Act 1989?
Start your NSW Home Building Act 1989 compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about NSW Home Building Act 1989 requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 65 controls and track your progress.
Start Your Compliance Journey
Create a free account to run self-assessments, get AI advisory, and track your compliance progress across 849 frameworks.
Get Started Free →Free forever — no credit card required