Skip to main content

Home building contracts and witnesses

April 30, 2019

In NSW, there is no legal requirement that a residential building contract be signed by a witness, however, HIA’s contracts have provision for witnesses. By signing the contract, the builder’s and owners’ respective witnesses are confirming that they have observed the contracting parties sign the contract.

Importantly, all parties do not need to sign the contract together. Each witness only needs to observe and confirm their respective party’s signature. Whilst there is no legal requirement that witnesses sign the contract, HIA recommends that you follow this practice. If a legal dispute arises as to the validity of a party’s signature, witnesses can verify the legitimacy of the signatures.

For further information, please contact HIA Workplace Services on 1300 650 620.