Home building compensation disputes

If you’re a builder not satisfied with the decision regarding your eligibility outcome, or a homeowner not satisfied with the decision regarding your claim outcome, you have a right to request a review.

For builders

Under the market practice guidelines, icare is required to have internal complaints and dispute handling procedures in place.

If you are not satisfied with a decision about your eligibility, you can ask your broker to arrange a review.

The decision of icare is final, however, you have an option to lodge a complaint with us if your matter was not handled in accordance with the market practice guidelines.

For home owners

Insurers are required to have an effective internal complaint handling process in place.

Discuss your complaint in the first instance with the insurer (or an intermediary or service provider of an insurer) if you disagree with them and feel that their actions show a failure to comply with the legislation (or the market practice and claims handling guidelines forming part of the insurer's conditions of approval to provide insurance under the HBCF).

This may clear up any misunderstanding and address your concerns, Keep records of your communication with the insurer. If your dispute is with icare, read their complaint and dispute handling procedures.

You also have a right of appeal to the NSW Civil & Administrative Tribunal (NCAT) (or the District Court where the amount involved exceeds the tribunal’s $500,000 jurisdictional limit).

We can only investigate a complaint against an insurer if they fail to comply with legal requirements or conditions of approval to operate in the market of insurance under the HBCF (including the market practice guidelines, claims handling guidelines (or any other condition imposed by the Minister).