Since June 2005, owner builders must register with the Building Practitioners Board and obtain a Certificate of Consent before they can apply for a building permit. This restricts owner builders from becoming a developer without being a registered builder. The new legislation states that an owner builder:

a)    May obtain building permits for only a single dwelling and associated work, on a single property, in any three-year period;

b)    Must ensure they read and understand information on legal obligations and responsibilities as owner builders, and

c)    Must obtain a Certificate of Consent from the Building Practitioners Board to obtain a building permit to carry out domestic building work valued over $12,000, limited to one Certificate in a three-year period

Owner builders must obtain an ‘Owner Builder Report’ for any domestic building work that they do on their property regardless of cost and must provide warranty insurance for any work over $12,000.  

OWNER BUILDER CHECKLIST

This checklist assists owners to determine when an Owner Builder Report is necessary to meet their obligations and to ensure a contract of sale is binding on the purchaser. For any improvement to a property, it is advisable to obtain an inspection and have a report prepared. This report is critical to the success of providing a valid vendor disclosure statement under the Sale of Land Act. It is necessary to obtain an Owner Builder Report for the work, if one answer yes to any of these points.

We built the home	Yes	No
We bought and renovated the home	Yes	No
A builder did the work but we obtained the Building Permit	Yes	No
We replaced our bathroom and/or kitchen	Yes	No
We built a deck area to the rear or side of the home	Yes	No
We built a small pergola	Yes	No
We attached a veranda to the home	Yes	No
We had a steel kit garage erected on our property	Yes	No
We installed retaining walls to tier the sloping block	Yes	No
We built a carport or garage	Yes	No
We installed a swimming pool or spa	Yes	No
We built a new front fence	Yes	No
We have done work to a commercial property	Yes	No

NEED MORE INFORMATION

Behan Legal advises and assists on these important issues. For an appointment, call 03 9646 0344.