New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 48C

48C Notification of building dispute

(1) Any person may notify the Secretary, in such manner as the Secretary may approve, that the person has a dispute with--

(a) the holder of a contractor licence with respect to residential building work or specialist work done by the contractor, or

(b) a kit home supplier with respect to the supply of a kit home by that person.

(1A) A contractor may notify the Secretary, in such manner as the Secretary may approve, that the contractor has a dispute with a person with respect to residential building work or specialist work done by the contractor, not being a dispute with another contractor. The regulations may impose restrictions on the disputes that can be notified under this subsection.

(2) Without limiting subsection (1), a notification under that subsection may be made by--

(a) an owner of a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 2015 ) about residential building work or specialist work relating to common property in the strata scheme, or

(b) an owner of a lot in a scheme (within the meaning of the Community Land Management Act 2021 ) about residential building work or specialist work relating to association property in the scheme.

(3) A person cannot notify a dispute under this Division in relation to residential building work or specialist work if any action required in relation to the work under Part 11 of the Strata Schemes Management Act 2015 has not been completed.

(4) Subsection (3) does not prevent the President of the Tribunal from making a direction about the work under section 48J(b).