Cooling off: New South Wales
In New South Wales, 5 business days — but it can be signed away. The three things that quietly remove the right are on the main page.
New South Wales gives five business days, and then makes them negotiable — which is the part worth checking before you rely on them.
The one that can be signed away
Section 7BA sets the five-day right on contracts over $20,000. Section 7BA(4)–(5) then allows a contract provision to shorten or remove it, provided a compliant certificate is given. Most jurisdictions on this site do not permit that at all, and South Australia expressly forbids contracting out.
So in New South Wales the first question is not “how long do I have” but “does my contract still give it to me”. Read the cooling-off clause itself rather than assuming the statutory period survived into your document, and if a certificate was part of the signing bundle, find out what it said.
If the statement is missing altogether
A contract over the threshold must carry a clear statement of the cooling-off period. Where it does not, section 7BB(2) gives a separate right: rescind by written notice within seven days of becoming aware of the omission. That is a different clock from the five days, triggered by a different event, and it can still be running long after the original period expired.
Note that rescinding on that ground may leave you liable for costs the builder has already incurred, so it is worth understanding the position before serving a notice rather than after.
New South Wales: the position
- Cooling-off period
- 5 business days
- Applies to
- Contracts valued over $20,000
- Clock starts
- After you are given a copy of the signed contract
- Legal basis
- Section 7BA, Home Building Act 1989
- If the contract omits the cooling-off statement
- Rescind by written notice within 7 days of becoming aware of the omission (s 7BB(2))
- Can it be shortened or removed?
- Yes — by a contract provision, once a compliant certificate is given (s 7BA(4)–(5))
Read from NSW Fair Trading, Contracts for residential building work on 23 October 2026. We publish the date we read it so you can judge how current it is. NSW Fair Trading is the authority on what applies to your contract — and on a deadline measured in days, asking them beats reading us.
Questions about cancelling in New South Wales
How long is the cooling-off period in NSW?
Five business days on contracts over $20,000, running from when you are given a copy of the signed contract, under section 7BA of the Home Building Act 1989.
Can my contract take that right away?
Yes. Section 7BA(4)–(5) lets a contract provision shorten or remove it once a compliant certificate is given — unusual among the jurisdictions here. Read your contract's cooling-off clause rather than assuming the statutory period survived into it.
What if the contract never mentioned cooling off?
Section 7BB(2) gives a separate right to rescind by written notice within seven days of becoming aware of the omission. That clock is triggered by a different event and can still be running after the original five days have passed.
Will it cost me anything?
Rescinding because the statement was omitted may leave you liable for costs the builder has already incurred, so understand the position before serving a notice.