NSW Sticky situation without HBCF insurance

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Evan K

19 December 2018
Please assume I am just an average joe who knows nothing about repairs and renovations who was not planning on doing any of the below and never has done any previously.

Some few years back my apartment was damaged extensively as a result of Strata repairing a common building problem. Being exhausted after losing a long battle with building insurance and difficult Strata committee to restore apartment back to its original state (I only realize now I should have employed professional legal help) I paid for a builder contractor to repair and renovate kitchen, bathroom and walls which were damaged. Job was above $20000.

Now I need to sell this apartment and my conveyancer tells me he cannot make a contract of sale because the works done were not insured by Home Building Compensation Fund certificate. Something I did not know before and the builder did not tell me.

So, 7 months after works were done I tried to chase the builder unsuccessfully and opened Fair Trading complaint case asking to force Builder to obtain this insurance retrospectively.

I am starting to realize now this builder has disappeared.

I am at a loss of who to talk to or what to do. I really need to sell this apartment which apparently needs to be insured. My conveyancer told me that I may somehow could try and insure it myself but any insurance or government instance I called does not know anything.

Please, any advise greatly appreciated.


LawConnect (LawTap) Verified
27 May 2014
I need to sell this apartment

Use a property lawyer, not a conveyancer. A lawyer will help you out of this problem. Your attempts to save money are backfiring and placing a larger investment at risk. While your method to save money can work, it doesn't always and this seems a situation where you now need assistance.