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After construction is complete, you will need to think about applying for an occupation certificate and arranging a final handover before you can move in. Your new home is covered for defects and warranties for a certain period of time post-build and if you have a dispute with your builder, certifier or other tradesperson, there are steps you can take to resolve it.

1. Understand your costs

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Learn about the cost considerations for your Post-build phase. 

Some costs are mandatory and are part of the planning and council application. Other costs will be dependent on your type of contract, your house package inclusions, and your council area.

* Indicates a mandatory step and cost

POST- BUILD
 
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*Occupation certificate (OC)

The occupation certificate authorises the occupation and use of a new building or part of a building. To get your OC, your principal certifier must be satisfied the development meets various regulatory standards. 

You can apply and pay for the OC on the NSW Planning Portal

Landscaping

Landscaping inclusions are not standard and will differ between certain home packages. 

Landscaping is not limited to outdoor green space, it can also include important features such as fences, paths, and porches. Some landscaping features may be a council requirement.  

Check with your builder to understand what is included at the start of your project so you can plan and budget for landscaping once construction is complete. 

NCAT fees

If you have a dispute with a builder, you can submit a claim to the NSW Civil and Administrative Tribunal (NCAT). You must first refer the dispute to NSW Fair Trading before an application can be accepted by NCAT. 

Fees and charges are payable for home building applications. Visit NCAT for more information on fees. 

2. Select utility providers

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Your builder will have connected your utilities such as electricity, water and gas during the build phase. 

Check with your builder immediately if you’re unsure if your home has been connected to existing utilities. An occupation certificate cannot be issued until it has. See Final handover for information about occupation certificates. 

Once your home is connected to the existing infrastructure, you can: 

  • check which providers service your area 
  • compare plans and prices online 
  • choose your providers 
  • arrange connection of these services. 

You will not need to choose your water provider. Your builder or licensed tradespeople can tell you which water company your home is connected to. 

For more advice, check which phone and internet providers service your area at NBN Co and visit NSW Climate and Energy Action for guidance on how to choose an energy provider. 

3. Order garbage bins from your local council

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Contact your local council to order garbage bins for your property. This includes bins for garbage, recycling and garden organics. 

Check your address if you do not know your local council. 

The waste management charges that are part of your council rates pay for these bins. 

Check with your local council what the timeframes are for delivery of garbage bins. You’ll need to have your bins before your occupation certificate is issued. 

4. Complete a pre-handover inspection

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You should complete a final inspection of your new home with your builder before handover.

This is a key step before you take ownership of your home and it’s important to do a thorough inspection. Consider hiring a professional building consultant to help you during the pre-handover inspection.

During this inspection, you'll:

  • check that everything is completed as per your contract
  • list anything that is missing, damaged or incomplete
  • take your contract with you so you can check the property against your inclusions list
  • take photos and document any issues.

You’ll need to talk to your builder to negotiate time periods for any problems found during this inspection. Your builder must address any incomplete or defective issues before final handover.

Contracts for new homes come with a warranty known as the defects and liability period, which covers defects for a set period of time after work is complete. 

5. Apply for an occupation certificate

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You must be issued an occupation certificate before you can move into your new home. This confirms that the building meets the necessary regulatory standards and is suitable for occupation. 

Any additional work such as landscaping, fences and driveway may need to be completed before the certificate can be issued.

If you’re going to move in while construction continues, you’ll need to apply for an occupation certificate for the part of the building that has been completed. This will only be issued for occupiable parts of a building that do not pose a health and safety risk, and you will be restricted to those areas of the building.

You will need to apply for an occupation certificate for the remaining parts of the building once construction is fully complete.

You can apply for an occupation certificate via the NSW Planning Portal either:

  • as part of an existing development application or complying development certificate, or
  • as a separate application.

To apply you’ll need:

  • your MyServiceNSW account or NSW Planning Portal login 
  • development application or complying development certificate 
  • construction certificate, if you have a development application 
  • fire safety certificate 
  • compliance certificate (if applicable)
  • any other documents specific to your application.

The cost of issuing the occupation certificate is usually included in the principal certifier’s fees, but you may have to pay to apply for the certificate via the NSW Planning Portal. 

How long it takes to issue an occupation certificate will depend on the size and complexity of the project and your ability to comply with the requirements.

For a step-by-step guide, download Submitting an application for an occupation certificate (PDF, 0.3MB).

The principal certifier will complete their final inspection once you have applied for an occupation certificate. 

If the work meets requirements, the certifier will issue the certificate. Only then can you move into your home.

Learn more

6. Arrange final handover

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Final handover is when you:

  • take ownership of the house
  • make the final payment to your builder.

You should only make the final payment if your builder has:

  • addressed the issues raised in the pre-handover inspection
  • given you written notice that the work is complete.

Contact your bank or lender before requesting the final payment. They’ll usually send a valuer to the property to confirm the work has been completed. 

They’ll also confirm which documents you’ll need to provide, such as:

  • the occupation certificate
  • a copy of your home insurance policy
  • progress payment request and an invoice from your builder.

Important

You are in breach of contract if you move into your new home before making the final payment, unless you have written consent from the builder.

7. Keep your records up to date

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It’s important to keep all your records as you go through the process of building your home, including:

  • a copy of the building contract and any variations to the work
  • any plans or specifications that go with the contract
  • proof of all progress payments made on the project (as required by Security of Payment legislation).
  • details of your home building compensation scheme policy.

You may need to refer to these records if there is an issue or defect with the build.

8. Defects and warranties

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There are two main defect and warranty periods that apply to your new home build: 

  1. Builder's own defects and liability period – usually 13 weeks for new homes
  2. Statutory warranties by law – 6 years for major defects and 2 years for all other defects.

These periods begin from the date of completion. Completion date is the earliest date of either the following: 

  • when the builder hands over possession of the property, or
  • when an occupation certificate is issued.

During this time, your builder is legally required to repair defects in workmanship or materials.

9. Defects and the liability period

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The defects and liability period is also known as the maintenance period. It’s usually 13 weeks for new homes, but you should confirm this with your site supervisor or builder. 

Once you are living in your home, record any non-major issues of concern. Examples include chipped paint or cracked tiles. 

See Report defects drop-down on this page for information on how to engage with your site supervisor or builder and report defects. 

10. Statutory warranties

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Statutory warranties set out what you’re entitled to under the contract between you and your builder or tradesperson. 

Legally, it’s the builder’s responsibility to make sure that after the work is completed, it remains free from: 

  • major defects for 6 years  
  • all other defects for 2 years. 

See Report defects drop-down on this page for information on how to engage with your site supervisor or builder and report defects.

11. Reporting defects

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If you notice a major or non-major defect in your home, notify your site supervisor or builder in writing as soon as possible and keep a copy for your records. Include photos of the issue. 

They will investigate the issue and confirm whether they agree to fix it. 

If you and your builder disagree about the defect, you can get free information and assistance at NSW Fair Trading

12. Resolving disputes

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Your home build may not go to plan. If you have a dispute with your builder, certifier or other tradesperson, there are steps you can take to resolve it. 

Pro Tip: Before hiring a lawyer or solicitor, get free advice from NSW Fair Trading and try to settle the issue through mediation.

13. Disputes: Talk to your builder

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Talk to your site supervisor or builder as soon as you notice a problem. Be clear and specific about what the issue is. Keep communication positive to try and resolve the issue quickly.

If your dispute is about the quality of the work rather than a defect, the NSW Guide to Standards and Tolerances has useful information on what standard of work is acceptable. 

14. Disputes: Put it in writing

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Confirm in writing everything that was discussed and agreed to with your site supervisor or builder. This includes what work will be done and by when, as well as photos of the issues. Send a copy to your site supervisor or builder as soon as possible and keep a copy for your records. It’s a good idea to use a method that proves the communication was sent, such as email or registered post. 

15. Disputes: Contact NSW Fair Trading

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Contact NSW Fair Trading if you cannot resolve the dispute. They provide a free dispute resolution service.

Either you or your builder can formally request this at any time during the build or after you have moved in. 

If the complaint involves incomplete or defective building work, it may be referred to a building inspector. 

Learn more

16. Disputes: Notify your home building compensation insurer

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Notify your home building compensation insurer in writing if you have experienced a loss because of incomplete or defective work.

For incomplete work, you should do this within 12 months of your builder failing to start work or ceasing to do the work. For defective work, you should do this within 6 years of the date your home was completed for major defects or within 2 years for other losses.

If you do not notify the insurer, it may impact your ability to make a successful claim if you cannot settle the dispute.

Learn more

17. Disputes: Building inspection

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Some types of building complaints lodged with NSW Fair Trading will require an inspection of the defects. A building inspector may meet you on-site to inspect major defects reported in the complaint made to NSW Fair Trading.

The inspector will either:

  • issue a rectification order if the builder needs to fix any issues, or
  • conclude that the builder is not responsible for the alleged defects.

Non-major defects are generally assessed by NSW Fair Trading via a desktop review. They will contact both you and the builder to discuss the issues. This can result in:

  • clarification the builder is not responsible for the alleged defects
  • an agreement on resolution of alleged defects, or
  • a rectification order being issued.

18. Disputes: Submit a claim to the NSW Civil and Administrative Tribunal

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You can submit a claim to the NSW Civil and Administrative Tribunal (NCAT) if you have referred the dispute to NSW Fair Trading and:

  • you are not satisfied with the outcome, or the builder did not participate in dispute resolution
  • the builder does not comply with the rectification order, or 
  • you do not agree with the decision made by the inspector.

Learn more

19. Disputes: Make a home building compensation claim

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You may be able to make a claim for compensation from the Home Building Compensation Scheme if your builder provided you with a certificate of insurance and they cannot fix or complete the work because of their:  

  •     insolvency
  •     death or disappearance
  •     licence suspension for not complying with a court or tribunal order to pay compensation to you.

Learn more

20. Disputes: Principal certifier complaints

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NSW Fair Trading can investigate complaints about certifiers. There are steps you should take before you submit a complaint.

Learn more

21. Disputes: Who to contact if you need support

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If you’ve completed the NSW Fair Trading dispute resolution process and still need help, the Home Building Advocacy Service (HoBAS) is funded by NSW Fair Trading and offers:

  • advice and support on your rights, responsibilities and options during a home building dispute
  • negotiation of disputes
  • representation at tribunal hearings.

There may be a cost for some services.

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