

Selling your Owner Builder built home is no longer covered by insurance.
WARNING: Insurance under the Home Building Compensation Fund is no longer available for building works carried out by an owner builder. Should an owner builder’ or a successor in title to that (owner builder) person decide to sell their home within seven (7) years and six (6) months after an Owner Builder Permit was issued, the Contract Of Sale must include a note (a consumer warning) stating that “an Owner Builder Permit was issued in relation to the land on (the date that Permit was issued)”.
Work done under an Owner Builder Permit is not required to be insured under the Home Building Act 1989 unless the work done by a contractor, or contractors, to the owner builder individually is worth more than $20,000 each. Then that Home Building Act insurance cover is provided by the proper engagement and payment of the licensed contractor or company.
If the consumer warning is not included in the Contract of Sale, the purchaser can void the Sale Contract before Settlement.
WARNING: As an Owner Builder you are guaranteeing the work you undertake if you sell within 7.5 years. The next immediate owner of the property is entitled to the benefit of the statutory warranties set out in the Home Building Act 1989, and can take you, the owner builder, to the NSW Civil and Administrative Tribunal to enforce their statutory warranty rights. This may result in a money order against you.
VITAL INSURANCES FOR OWNER BUILDERS.
Through our specialised Owner Builder Insurance Service Provider, we can provide you with the following vital insurances.
OB Construction and Public Liability Insurance.
It is required to organise this important insurance BEFORE you commences your project.
The public liability aspect of this insurance covers you if a family member or member of the public is injured as a result of the building work. You are liable because you own the property.
As you are intending to be an owner builder, or to contract out any type of building work (for which you remain responsible for coordinating) it is strongly recommended that you protect yourself by taking out Owner Builder Construction and Public Liability Insurance.
CLICK HERE for a FREE ONLINE QUOTE. For more information on this insurance, CLICK HERE.
Workers Compensation Insurance.
Owner Builders should take out a Workers Compensation Insurance Policy and ensure that they are fully covered the people they engage to carry out work. Any contract is engaged by an owner builder may be deemed to be a work of that owner builder.
OB Volunteer (unpaid) Workers Insurance.
If you are planning to do work yourself, or to have family, friends or mates help you for FREE, put in place loss of income and permanent disability or death protection for up to 10 'volunteer (unpaid) workers' on your building site.
A 'volunteer' worker is a personal friend or family member, who is helping you on-site without being paid. This is practical and peace of mind insurance in a worst-case scenario that they get injured or even killed whilst assisting or being on your construction site.
To organise Owner Builder Personal Accident and Volunteer Workers Insurance, CLICK HERE, to obtain a FREE QUOTE.
Contract Works Insurance.
This insurance should be obtained by licensed builders and contractors you properly engage and receive a receipt of payment. It is so your protection and covers loss or damage to materials and work completed. If the builder or trade contractor does not have this type of insurance, you may risk inconvenience, time delays and disputes if materials are damaged or stolen.
Insurance under the Home Building Compensation Fund.
Does the total contract sum, including materials supplied by the contractor, or each contractor exceed $20,000 ? If so, each licensed contractor (builder or tradesperson) who contracts directly with an owner builder to do residential building work must provide insurance under the Home Building Compensation Fund (previously called Home Warranty Insurance) from an approved insurance provider.
You as the owner builder should receive a copy of the certificate insurance from the licensed contractor before:
- work starts
- you pay any money (be sure you obtain a receipt of payment)
Owner Builder Home Warranty Insurance (when constructing).
An owner builder cannot take out this insurance themselves. To read what it is best to do whilst in the construction or building phase, CLICK HERE.
Selling your Owner Builder built project in NSW is no longer covered by insurance.
WARNING: Insurance under the Home Building Compensation Fund is no longer available for building works carried out by an owner builder. Should an owner builder’ or a successor in title to that (owner builder) person decide to sell their home within seven (7) years and six (6) months after an Owner Builder Permit was issued, the Contract Of Sale must include a note (a consumer warning) stating that “an Owner Builder Permit was issued in relation to the land on (the date that Permit was issued)”.
Work done under an Owner Builder Permit is not required to be insured under the Home Building Act 1989 unless the work done by a contractor, or contractors, to the owner builder individually is worth more than $20,000 each. Then that Home Building Act insurance cover is provided by the proper engagement and payment of the licensed contractor or company.
If the consumer warning is not included in the Contract of Sale, the purchaser can void the Sale Contract before Settlement.
WARNING: As an Owner Builder you are guaranteeing the work you undertake if you sell within 7.5 years. The next immediate owner of the property is entitled to the benefit of the statutory warranties set out in the Home Building Act 1989, and can take you, the owner builder, to the NSW Civil and Administrative Tribunal to enforce their statutory warranty rights. This may result in a money order against you.
Owner Builder Home Waranty Insurance (when selling) in VIC and WA.
This insurance is required in your Sale Contract in VIC and WA usually when selling within six (6) years of obtaining your Practical Completion or Occupation Certificate.
CLICK HERE, to obtain a FREE QUOTE. For more information on this insurance, CLICK HERE.
Once you have successfully completed NSW Owner Building Course, and received your Statement of Attainment (SOA), you simply need to go to the Office of Fair Trading Centre with your SOA together with other required documents and information, see below to see the required list, pay the fee and you will receive your Owner Builder Permit.
Documents you need to obtain your Owner Builder Permit
Apart from the Statement of Attainment, the NSW Office of Fair Trading would also require you to provide:
- Proof of being over 18 years old, e.g. Drivers Licence
- Evidence that you are the owner of the land, either outright or on a joint basis. e.g. Local Council Rate Notice, Title Deed
- If the land is owned by a company, you need to pry via evidence that you are a shareholder (being a Director is not sufficient). Advice in writing that there is consent of the other shareholders to the proposed development to carry out works as an Owner Builder
- Proof that you do or intend to live in the completed dwelling
- OFT needs a sight copy of the plans which was submitted to the local council to obtain the Development Application (DA), and a description of the proposed works at the specified address
- An ID number (usually a development certificate number) which will be the DA number issued by your local council
- Your certificate of attainment from an approved 'Owner Builder Course' conducted by an RTO
- A completed OFT Owner Builder Permit Application form
- Application lodgment fee of $93.84
IMPORTANT NOTE: Any Recognised Prior Learning (RPL) Exemptions that are received for this course will NOT change the cost of the course. The gain or advantage for people seeking RPL exemptions, is in regards to the Module(s) that are relevant with your background experience or studies, when based on the information submitted an exemption will be given, this means they do not need to do the study nor submit the Assessment Booklet(s) for the exempt Module(s) for the RTO to assess.
Recognition of Prior Learning (RPL), about Partial Exemptions (e.g. Tradesmen)
Special Service
Credit Transfer may give you advanced standing (exemption) for parts of the course that you have successfully completed through other Registered Training Organisations or other courses.
Skills Recognition of Prior Learning (RPL) is available where an applicant may have obtained the skills and knowledge equivalent to specific competencies through previous training, work experience or life experiences.
Use the special Recognition of Prior Learning (RPL) Enrolment PDF Form, outline and provide documentation of existing skills or knowledge, and we will assess you in this area and advise you where exemptions may be possible.
If you feel you hold approved equivalent qualifications to be able to apply to the NSW Office of Fair Trading for exemption from having to undergo this course, in the first instance please download and complete the Recognition of Prior Learning (RPL) Application PDF Form and send it back to us so that we can assess and determine what sections of the course you are eligible for exemption.
The more detailed information you provide, the quicker we can assess your prior learning (studies or experience) status and provide you with an outcome of what (Units of Competency) we are willing to recognise.
About the Owner Builder Course Compliance.
Course delivery and how you can undertake the Course :
The new 2015 NSW Fair Trading Course is delivered by and the Student Assessment are carried out by a Registered Training Organisation (RTO).
Choose the method to undertake the Compulsory Learning Units of Competency required to obtain an Owner Builder Permit, where project works to be carried out exceed $20,000, including materials and labour:-
- Study by Hard Copy OB Correspondence, only $299 - TO ENROL or for more details, CLICK HERE.
- Complete the OB Course Online, $189 - TO ENROL or for for more details, CLICK HERE.
- Complete the OB Course + White Card Online, on special @ $244 -TO ENROL or for for more details, CLICK HERE.
We strongly recommend ticking the Hard Copy of the Course Option when you enrol for $299 , as it represents the best way for you to learn and retain the knowledge the most and to also complete the Assessment. It is a large and detailed course of over 700 pages, including the Assessments of the 5 Modules.
The Owner Builder Course's Learning Units of Compentency:
From 1 July 2015 the five (5) Modules below incorporate all the required Learning Units of Competency, which must be successfully completed in order to be awarded a Statement of Attainment.
MODULE 1 - OCCUPATIONAL HEALTH AND SAFETY
- CPCCOHS2001A – Apply OHS requirements, policies and procedures in the construction industry
MODULE 2 –PREPARING TO BE AN OWNER BUILDER
- OCPCCCM2001A - Read and interpret plans and specification
MODULE 3 – ESTIMATING, COSTINGS and CASH FLOW
- CPCCCM1011A - Undertake basic estimating and costing
MODULE 4 – PLANNING and ORGANISING WORK
- CPCCCM1013A - Plan and organise work
MODULE 5 – CONDUCT IN THE WORKPLACE and COMMUNICATION
- CPCCCM1014A - Conduct workplace communication
From 1 July 2015, The compulsory accredited course is specifically designed to meet the requirements of New South Wales Fair Trading when applying for an Owner Builder Permit for residential building work which will exceed $20,000 in value, including materials and labour.
Pre-requisite Requirements :
If you seek to complete this Course, it is a pre-requisite to have successfully completed the Unit of Competency in CPCCOHS1001A Work safely in the construction industry, commonly known as a White Card. If you hold a White Card that was issued since March 2003, you will need to supply the RTO a clear copy of its front and back, or the accompanying Certificate.
If you have not completed the above Unit, or your White Card was issued prior to March 2003, will can help arrange for you to do this Course, simply by choosing the 1 Day Sydney CBD Workshop Course, CLICK HERE, or the OHS Online Course, CLICK HERE.
Qualification :
Individuals completing all components of this Accredited Course, and demonstrating competence in all Units of the course, will be awarded a Statement of Attainment - 91509NSW Course in owner builder compliance.
Pathway :
Individuals who satisfy the requirements will be entitled to apply for an Owner Builder Permit with NSW Office of Fair Trading, by supplying their Statement of Attainment together with other information and documentation required and paying the Permit Fee.
Learning Resources :
All learning resources are provided for individuals enrolling in this accredited course, including the Participants Guide and Assessment Booklets.
Assessment :
Assessment is conducted by an online or written / oral learning activities and underpinning knowledge questions.
Language Literacy and Numeracy (LLN) Skills :
This course has been designed to redress any deficiencies in students key LLN skills and to develop the generic skills of teamwork, communication and problem solving.
Approved Equivalent Qualifications
Individuals who enrol in the Course that can show evidence that they have already completed an approved OHS Induction Training Unit may be exempt from completing this Accredited Course. Individuals who hold approved equivalent qualifications are able to apply to NSW Fair Trading for exemption from having to undergo this course. For more information about the approved equivalent qualifications, visit NSW Fair Trading’s website at www.fairtrading.nsw.gov.au.
Skills Recognition (SR) :
Credit Transfer may give you advanced standing (exemption) for parts of the course that you have already successfully completed through other Registered Training Organisations or other courses. Recognition of Prior Learning (RPL) is available where an applicant may have attained the skills and knowledge equivalent to specific competencies through previous training, work experience or life experiences. We will automatically assess you in this area when you enrol.
About the Construction Induction Card (OHS) CPCCOHS1001A Work safely in the construction industry
Holding an acceptable NSW White Card is a prerequisite before commencing the Owner Builder Course.
This Knowledge Unit is the important Occupational Health and Safety (OHS) training section, in which you will learn the legislative compliance requirements and practices of maintaining a safe work site, safe work practices, safe work procedures, safe work apparel, safe work equipment and what to do in the case of an accident or emergency. They are intended to educate you with the basic principles of risk management and the prevention of injury and illness in the course of you managing the construction of your project, and those people who will be on your work site to assist you.
Additionally, any person who will be on-site during building and construction 'MUST' have their White Card or Certificate.
If you DO NOT HOLD a Construction Induction Card
Obtaining competency in CPCCOHS1001A Work safely in the construction industry, can only be done in a face-to-face Workshop format. On completion of the course, you will receive your Certificate and White Card as issued by the WorkCover Authority of New South Wales, from the Course Provider.
If you do not currently hold a Construction Induction Card, we can help you enrol of this CPCCOHS100A Work safely in the construction industry course, which requires you to provide 100 points of identification. Such ID documents acceptable are a Passport, your Driver's Licence, Medicare card etc. Choose attendance Monday to Saturday at the CBD Express OHS Course held near Town Hall Station.
If you require the OHS White Card, we can help organise to enrol you in an Express OHS Course.Courses are run Monday to Saturday in the Sydney CBD, near Town Hall Station.
The new 91509NSW Course in Owner Building Compliance consists of five (5) modules:
Module 1: Preparing to be an Owner Builder
Becoming an Owner Builder | Compliance with Legislation & Regulations |
The Construction Process | The Approval Process |
The Professionals | Insurance (Owner Builder Insurances) |
The Authorities | Licensing Requirements |
Module 2: Administering Contracts
What is a Contract? | Managing the Contract Administration |
Types of Building Contracts | Site Diary |
Contract Documentation | Jobs Reporting & Site Progress Reports |
What must a Contract Contain | Job File Management |
Contract Terms |
Module 3: Occupational Health and Safety (OHS)
Legal Responsibilities | Electrical Safety | Noise |
Hazard Assessment | Safety Signs | PPE (Personal Protection Equipment) |
Designated Personnel | Formwork & Falsework | Codes of Practice |
First Aid | Exclusion Zones | Site Security |
Emergency Procedures | Demolition Safety | Hazardous Substances |
Ensure Safety on Site | Asbestos | Material Safety Data Sheets |
Falls | OH&S Construction Induction | Plant & Equipment |
Moving Plant | Manual Handling |
Module 4: Drawings, Estimating and Cash Flow
Estimating | Developing the Project Cash Flow |
The Construction Process | Job Costing |
Module 5: Managing the Work and the Worksite
Managing the Site | Amenities for Construction Work |
Communication | Waste Management Environmental Issues |
Negotiation | Site Inspections |
Avoiding the Dispute | Building Defects |
Site Survey & Set Out |
This Hard Copy Version (Course Booklet Posted), can be completed in your own time and pace, but like part time study, it may take considerable time and effort. We estimate that it can take approximately 1-2 weeks of part-time study to complete the 660 pages of course materials, including submitting and passing the required knowledge tests for assessment, before a 'Statement of Attainment Certificate' can be issued.
You will receive the Five Modules of course materials. They are ideal for studying and will also be handy as reference materials for when you commence building. This Course only needs to be done 'once in a life time', for your first project and then to obtain an OFT Owner Builder Permit for any subsequent Owner Building needs or projects.
IMPORTANT NOTE: Before commencing, you must first have successfully completed the unit of Competency in CPCCOHS1001A Work safely in the construction industry also known as the 'White Card'. By law, this can only be completed in a 6 hour face-to-face workshop (not by correspondence). If you have not completed this OH&S Unit, we can organise to enrol you in either the Express CBD Sydney location and if you live outside of Sydney, we can assist you to find a local provider. If you have already completed the OH&S Unit (we require a copy of your certificate or white card), and you can enrol accordingly.
If you require the OHS White Card, we can help organise to enrol you in an Express OHS Course.Courses are run Monday to Saturday in the Sydney CBD, near Town Hall Station.
$224 - Hard Copy Version Course Booking
HARD COPY Version: $224 including delivery - Upon registration and payment including delivery, you will receive the 660 page hard copy of the owner builder course compliance manual which includes the assessments. The hard copy manual is also ideal to use as a reference booklet for when you commence building. You also have the convenience of completing the course assessments online and there is no need to wait for an email to tell you where you went wrong. We are the ONLY COURSE PROVIDER to offer this service. With real-time interaction, you will get instant results. Just fix the errors where it tells you, and you're done. Or you also have the option to post, email or fax the completed assessments.
If you feel you hold approved equivalent qualifications - Recognised Prior Learning (RPL) to be able to apply to the NSW Office of Fair Trading to receive exemptions for sections of the course, please provide details on your application.
Advantages and what is included in the Correspondence Learning Courses
If you are too busy and are unable to attend the face-to-face workshop, or live outside Sydney, studying in your own time may be an easier option as you ...
- With the online version, simply download the course documents and study them on your computer or print them to take away
- With the hard copy version, simply study the course anywhere you like
- You can choose when and where you wish to study
- For both versions you can keep the course study manuals handy as reference information for when you commence building
- You can work at you own pace, taking as long as required to understand and complete the Course Assessments
- Convenient learning option for those that live in regional or rural NSW
- For both versions of the correspondence course, you can complete the course assessments online
- You will receive unlimited telephone support anytime throughout your entire course & project
- You will receive Microsoft Excel Spreadsheet templates for Expenses & Building Calculators to help keep you organised for your project
ENROL NOW IN THE COURSE TO OBTAIN AN OWNER BUILDER PERMIT:
How to undertake the Compulsory Learning Units of Competency required to obtain an Owner Builder Permit:-
- Complete the Course Online $189 -TO ENROL or for for more details, click here.
- Study by Hard Copy Correspondence $229 - TO ENROL or for more details, click here.
About Owner Building and Owner Builder Permits in New South Wales
Who needs to be an Owner Builder ?
Owner Builder work is defined as any work (including supervision and co-ordination roles) involved in the construction of, or alterations to, repairs of or additions to a dwelling. To be eligible for an Owner Builder Permit, the development approval must be in respect of a single dwelling house, or secondary dwelling.
- where the reasonable market cost (including labour and materials) exceeds $10,000, and
- which relates to a single dwelling-house, dual occupancy* or a secondary dwelling:
- that requires development consent under Part 4 of Environmental Planning and Assessment Act 1979, or
- that is a complying development within the meaning of that Act.
*NOTE : An Owner Builder Permit will only be issued with regard to a dual occupancy project or need in cases of special circumstances. If applicable, contact Fair Trading on 13 32 20.
A home owner who wishes to project manage the building of their new home, extension, improvements, dual occupancy, swimming pool or smaller projects such as a garage or deck, on land or a home in which their name is on the Title Deed and where the value of the planned residential building works exceeds $10,000 including materials and labour, must do so officially as an Owner Builder and requires a Development Consent from your Local Council. Sometimes a Licenced Builder or Kit Home Builder may suggest they build for you under your Owner Builder Permit. You must :-
- be over 18 years of age
- own the land or have a prescribed interest in the land (certificate of title or rate notice) on which you plan you build
- you live or intend to live in the completed home as single dwelling house or as a secondary dwelling
- not have built as an Owner Builder in the past 5 years, unless the application and any earlier permit relate to the same land, or unless special circumstances exist
When is an Owner Builder Permit NOT needed ?
- where the market value (labour and material) of the residential building work is less than $10,000
- where the work to be carried out does not require development consent.
When is an Owner Builder Permit NOT issued ?
- for renovations to an existing apartment / unit / flat / townhouse within a strata complex
- where the property is not for residential purposes.
What are the limitations under an Owner Builder Permit ?
An Owner Builder Permit is NOT a building licence. It therefore does NOT allow you to :
- work other than the project covered by the Develpment Application (DA) or complying Certificate.
- carry out specialist work such as electrical, plumbing, gasfitting, air conditioning and refrigeration work (unless you hold a licence for such work).
Do I need to complete an Owner Bulder Course in order to apply for the Owner Builder Permit ?
If the the value of the work you plan to carry out is valued at more than $20,000 you will also need to complete certain units of competency through a Registered Training Organisation (RTO), OR have the approved equivalent qualifications and experience. Additionally, for any work requiring an Owner Builder Permit, you must hold a current general construction induction training card (generally known and the White Card for OH&S).
Before applying for a Permit, you must have successfully completed through a RTO the following Learning Units, and you can enrol through us (see below).
Compulsory Learning Units of Competency
The Owner Builder education requirement for a Permit consists of the following five (5) units of competency from the Construction, Plumbing and Services Inductry Package (CPC08):
? CPCCOHS2001A Apply OHS, requirements, policies and procedures in the construction industry
? CPCCCM2001A Read and interpret plans and specification
? CPCCCM1011A Undertake basic estimation and costing
? CPCCCM1013A Plan and organise work
? CPCCCM1014A Conduct workplace commmuncation
From 1 January 2011, the 91509NSW Course in Owner Builder Compliance met the education requirement. This Course will continue to meet the requirement if you have completed it, although the Course is no longer available after 15 July 2015.
Any other owner-builder course which may have been previously undertaken is not recognised as meeting the education requirements for undertaking owner-builder work.
When you have successfully completed this course, the RTO will issue you with a Certificate of Attainment (COA). Currently once you have obtained a Certificate of Attainment, it is 'for life', and so you can use it tp obtain another Owner Builder Permit for future owner building projects. But remember only one (1) Owner Builder Permit can be issued to an individual within any five (5) year period, unless the application and any earlier Permit relate to the same land, or special circumstances exist.
You then go to any NSW Fair Trading Centre, complete the OFT Owner Builder Permit Application Form, and if approved, you will be issued with an Owner Builder Permit for your current project. When applying for your Owner Builder Permit, you must also provide:-
- a description and address of the proposed work with a copy of the plans and council development application number or complying development certificate number.
- where the value of the proposed work is over $20,000, evidence that you have either completed the approved Owner Builder Course, namely your COA.
- pay the Fee for Permit (currently $93.84, which includes a non refundable processing fee of $63)
A Permit cannot be issued for work that has already commenced. A spouse or relative will not be issued with an Owner Builder Permit for their partner’s or family’s land.
Also, there are specific rules for applicants where a company owns the land. Contact NSW Fair Trading on 13 32 20 for details.
A PREREQUISITE TO STARTING THE COURSE IS TO HOLD AN OHS WHITE CARD.
Before you may commence this Course, you must hold a NSW WorkCover White Card. We can help you obtain one, by choosing the 1 Day Sydney CBD Workshop Course, CLICK HERE, or Online Course, CLICK HERE.
INSURANCES AND WHEN SELLING AN OWNER BUILDER BUILT PROJECT.
OB Construction and Public Liability Insurance
The public liability aspect of this insurance covers you if a family member or member of the public is injured as a result of the building work. You are liable because you own the property.
As you are intending to be an owner builder, or to contract out any type of building work (for which you remain responsible for coordinating) it is strongly recommended that you protect yourself by taking out a Public Liability Insurance policy.
This insurance needs to be paid and in position BEFORE construction work commences, and sometimes before a local council will issue their construction consent. To organise your Owner Builder Construction and Public Liability Insurance, we can help you, simply CLICK HERE NOW, for a FREE Online Quick Quote or CLICK HERE to read more.
Workers Compensation Insurance.
Owner Builders should take out a Workers Compensation Insurance Policy and ensure that they are fully covered the people they engage to carry out work. Any contract is engaged by an owner builder may be deemed to be a work of that owner builder.
OB Volunteer (unpaid) Workers Insurance.
If you are planning to do work yourself, or to have family, friends or mates help you FREE, for your peace of mind you may wish to put in place, loss of income and permanent disability or death protection for up to 10 'volunteer (unpaid) workers' on your building site. To organise Owner Builder Personal Accident and Volunteer Workers Insurance, click here to read more or apply online now for a Quick Quote.
Contract Works Insurance.
This insurance should be obtained by licensed builders and contractors you properly engage and receive a receipt of payment. It is so your protection and covers loss or damage to materials and work completed. If the builder or trade contractor does not have this type of insurance, you may risk inconvenience, time delays and disputes if materials are damaged or stolen.
Insurance under the Home Building Compensation Fund.
Does the total contract sum, including materials supplied by the contractor, or each contractor exceed $20,000 ? If so, each licensed contractor (builder or tradesperson) who contracts directly with an owner builder to do residential building work must provide insurance under the Home Building Compensation Fund (previously called Home Warranty Insurance) from an approved insurance provider.
You as the owner builder should receive a copy of the certificate insurance from the licensed contractor before:
- work starts
- you pay any money (be sure you obtain a receipt of payment)
Selling your Owner Builder built home is no longer covered by insurance.
WARNING: Insurance under the Home Building Compensation Fund is no longer available for building works carried out by an owner builder. Should an owner builder’ or a successor in title to that (owner builder) person decide to sell their home within seven (7) years and six (6) months after an Owner Builder Permit was issued, the Contract Of Sale must include a note (a consumer warning) stating that “an Owner Builder Permit was issued in relation to the land on (the date that Permit was issued)”.
Work done under an Owner Builder Permit is not required to be insured under the Home Building Act 1989 unless the work done by a contractor, or contractors, to the owner builder individually is worth more than $20,000 each. Then that Home Building Act insurance cover is provided by the proper engagement and payment of the licensed contractor or company.
If the consumer warning is not included in the Contract of Sale, the purchaser can void the Sale Contract before Settlement.
WARNING: As an Owner Builder you are guaranteeing the work you undertake if you sell within 7.5 years. The next immediate owner of the property is entitled to the benefit of the statutory warranties set out in the Home Building Act 1989, and can take you, the owner builder, to the NSW Civil and Administrative Tribunal to enforce their statutory warranty rights. This may result in a money order against you.
Further impotrant aspects of Owner Building.
Potentially there are savings and satisfaction to build as an owner builder, but there are also many risks, responsibilities and liabilities, do not take short cuts in the learning stage.
Before work commences you need to obtain an Owner Builder Permit, see details above and usually before construction consent is issued by a local council and before finance is approved.
Owner Builders are required to name ALL other owners of the land on an application for the Owner Builder Permit. This is recorded on the Permit to prevent people using this system to carry out commercial unlicensed building work. Any owners named, cannot apply for another owner building permit for a different property for 5 years.
If you need on-site guidance or to sort out a problem, engage a member from our Get It Right Network Inspection Services. Either telephone us or advise us of your needs 'online', click here.
To build without an Owner Builder Permit may involve significant financial penalties.
Finally, one cannot retrospectively apply for an Owner Builder Permit on commenced or completed work. Be aware, you cannot obtain Owner Builder Home Warranty Insurance if you subsequently live outside of Australia.
A bit more about what is Owner Building, from the Office of Fair Trading (OFT)
Owner builder work is any work (including supervision and co-ordination) involved in the construction of, or alterations, repairs or additions to, a dwelling (which includes a house, terrace, town-house, garage, swimming pool and certain other structures and improvements):
- where the reasonable market cost (including labour and materials) exceeds $5,000
- which relates to a single dwelling or dual occupancy:
- that requires development consent under Part 4 of the Environmental Planning and Assessment Act 1979
- that is a complying development within the meaning of that Act
Some cautionary words from Fair Trading.
As an Owner Builder, you are responsible for:
- overseeing and supervising all tradespeople
- ordering of materials and management of the building site
- obtaining all necessary council and authority approvals
- ensuring that the financial, taxation and insurance requirements of the building work are met and fully comply with all laws
- being aware of your obligations under the Workers Compensation Act 1987 and Occupational Health and Safety Act 2000 and providing a safe work environment that complies with WorkCover requirements
- ensuring any contractor engaged is appropriately licensed and insured to do the work contracted for
- warranting that the work and materials will be fit for the purpose and that the work results in a dwelling fit for occupation
Do your sums before you start and ask yourself if any saving you will make is worth the time and responsibility it will take. As an owner-builder you are guaranteeing the work you undertake.
If you do not want the responsibility of being an owner builder, you should be wary of a builder who suggests you obtain an Owner Builder Permit while they do all the building work for you. This may be a ploy where the builder is shirking responsibility, is unlicensed, or is unable to get necessary insurance.
Tips when engaging Tradesmen.
All tradespeople (whether contracting directly with home owners or sub-contracted through a builder), who undertake residential building work costing over $1,000 (labour and materials), must hold a licence from the NSW Fair Trading for the type of work they are to do. Specialist tradespeople who carry out any of the following must be licensed regardless of the cost of the work:
- electrical wiring
- plumbing, draining and gas fitting work
- air conditioning and refrigeration work (except plug-in appliances)
Once you find a trades person and before you sign any contract, do not forget to:
- ask to see their licence
- go to the online licence check on the Fair Trading website to make sure it is current, valid and suitable for the work you want done, or call Fair Trading and do a licence check over the phone on 13 32 20
Each licensed contractor (builder, trades person or project manager) who you contract directly to undertake residential building work must provide Home Warranty Insurance from one of the approved insurance providers, when the total contract sum exceeds $12,000 (including material supplied by the contractor). The certificate of insurance should be provided to the Owner Builder before taking any money on the contract and before starting any work.
Also obtain a receipt for ALL payments you make.
-
Owner Builder "No Nos"
It is an offence under the Home Building Act (maximum penalty $22,000) for the holder of an Owner Builder Permit to:
- knowingly engage an unlicensed contractor
- lend your permit to another person
- refuse to disclose to an authorised officer the names and addresses of contractors working on the site
An Owner Builder Permit is not a building licence. It does not allow you to:
- do work other than the project covered by the development application or complying development certificate
- do specialist work such as electrical, plumbing, gas fitting, air-conditioning and refrigeration work (unless you hold a licence for such work)
Amazing products and a unique website specialising in Product Showrooms to help Owner Builders!
Discover and consider our range of little known, but highly effective, Smart Products for your project. As you are planning to build shortly, it is an ideal time to investigate these latest and most effective products. Click here.
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Residential Gutters - FEB 2009
The following information is a quick reference guide for NSW building professionals and consumers relating to the installation of high fronted gutters in residential homes for new or existing homes.
It does not replace the need to ensure that gutter installation meets the performance requirements of the Building Code of Australia (BCA).
Recent Trends - High fronted gutters are popular among consumers as they hide the lower edge of tiles or roof cladding. If a gutter, including high fronted gutters, overflows, it can result in water flowing back into the roof or building. If this occurs over a prolonged period it can permanently damage the internal structure and must be avoided.
Installation Requirements - In NSW, all stormwater and drainage works must, by law, comply with the NSW Code of Practice for Plumbing and Drainage. The code requires that all guttering be designed and installed in accordance with Australian/New Zealand Standard (AS) 3500.3 sections 3, 4 and part 5. Compliance with this standard will meet the relevant requirements of the BCA.
Manufacturer's installation instructions are only a guide and do not overrule the need for the installation to comply with with AS 3500.3.
Where the installation is the replacement of an existing guttering system, care needs to be taken to ensure the new system complies with current Australian Standards and the BCA.
Prevention Measures - Where a gutter overflow can cause water to flow back into a building, including into the eaves, sufficient overflow measures must be included in the design and installation of the guttering system. The installer is responsible for ensuring the gutter system has sufficient drainage, downpipes and adequate overflow measures for the expected rainfall in the area.