An owner-builder is an individual who does owner-builder work and holds a permit for that work under the authority of a permit issued by NSW Fair Trading.
Owner-builder work is any work (including supervision and co-ordination) involved in the construction of, or alterations, repairs or additions to, a dwelling:
*Note: an owner-builder permit will only be issued regarding a dual occupancy in cases of special circumstances.
An owner-builder permit is designed to allow people who have the skill or capacity to build their own house or supervise construction by coordinating appropriate sub-contractors. An owner-builder permit is not a builder’s licence. As an owner-builder you are responsibile for the building work as a fully licensed builder would be.
There are signficant impacts on you as the property owner and permit holder if you decide to take out an Owner-builder Permit (after a builder you have engaged has urged you to, for example). Under an Owner-builder Permit you become ultimately responsible for managing and coordinating the completion of the building work. You must still engage licensed contractors to complete any specialist work related to the construction. If you engage a tradesperson for any other work, you must ensure they are appropriately licensed for the scope of work needed. Learn more regarding different tradespeople at our Licence classes and qualifications page.
As an owner-builder, you are responsible for:
Do your sums before you start and ask 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.
It is an offence under the Home Building Act (maximum penalty $22,000) for the holder of an owner-builder permit to:
If you don’t want the responsibility of being an owner-builder, 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.
Warning! - As an owner-builder you are guaranteeing the work you undertake. The next immediate owner of the property is entitled to the benefit of the statutory warranties set out in the Home Building Act 1989.
An owner builder permit is not needed for the following circumstances:
To be eligible for an owner-builder permit, the development approval must be in respect of a single dwelling-house or a secondary dwelling. In special circumstances dual occupancies may be approved.
An owner builder permit cannot be issued in the following circumstances:
To get an owner-builder permit, you must lodge a completed owner-builder permit application in person at a Fair Trading Centre or Service NSW.
To determine if you need an owner-builder permit and the application form to use, view the Owner-builder self assessment tool page on the Fair Trading website.
The application form for an owner-builder permit can also be downloaded from the Australian Business and Licence Information Service website. Be sure to use the self assessment tool first before completing an application.
The following Fair Trading web pages (also available as fact sheets) provide more information regarding course 91509NSW and if an applicant is eligible to be exempted from the approved course:
An owner-builder permit is not a building licence. It does not allow you to:
Only one owner-builder permit can be issued within any 5-year period, unless the application and any earlier permit relate to the same land, or special circumstances exist.
Most building work needs the following approvals before work can start.
Your local council can issue a development consent. If a CDC is permitted for the type of development you propose under the council’s local plan, it can be issued by your local council or an accredited certifier.
Approval for the work (a construction certificate) can be given by either your local council or an accredited certifier.
During construction, the building work must also be inspected by council or an accredited certifier to check that it meets national building standards (the Building Code of Australia).
A certificate to allow occupation or use of the completed building work (occupation certificate) can only be issued if the work generally meets these standards.
For more information about building work approvals and choosing a certifying authority go to the Consumer building guide page of the Fair Trading website to view or download Fair Trading's Consumer building guide.
You can also get more information about the approvals process and choosing a certifying authority from the Building Professionals Board at www.bpb.nsw.gov.au or by calling 9895 5950.
All tradespeople (whether contracting directly with home owners or sub-contracted through a builder), who do residential building work costing over $5,000 (labour and materials), must hold a licence from NSW Fair Trading for the type of work they are to do. Regardless of the cost of work, specialist tradespeople must be licensed for doing:
Before you sign any contract, don't forget to:
When entering into contracts with licensed tradespersons, refer first to our Contracts page.
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 one of the approved insurance providers when the total contract sum exceeds $20,000 (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. For more information, refer to the Home Building Compensation Fund page on the Fair Trading website.
Insurance under the Home Building Compensation Fund is no longer available for owner-builder work done by an owner-builder. Should an owner-builder or a successor in title to that person decide to sell their home within 7 years and 6 months after an owner-builder permit was issued, the contract for sale must include a note (a consumer warning) stating that: an owner-builder permit was issued in relation to the land on the date it 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 to the owner-builder is worth more than $20,000.
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. 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 Tribunal to enforce their statutory warranty rights. This may result in a money order against you.
The following are some other insurances owner-builders might need when doing home building work.
Owner-builders should take out a workers compensation insurance policy and ensure that they are fully covered for people they engage to carry out work. Any contractors engaged by an owner-builder may be deemed to be a worker of that owner-builder.
For more information about workers compensation insurance, contact WorkCover at www.workcover.nsw.gov.au or call 13 10 50.
This insurance should be obtained by builders and trade contractors. It is for your protection and covers loss or damage to materials and work. 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.
If you intend to be an owner-builder or to contract out any type of building work (for which you remain responsible for co-ordinating), it is strongly recommended that you take out a public liability insurance policy.
This covers you if a family member or member of the public is injured as a result of the building work. You could be liable because you own the property.
Prosecution under the following sections of the Crimes Act 1900 may occur if you make a false statement or omit information in an application for an owner-builder permit:
Under s.307A of the Crimes Act 1900 a person is guilty of an offence if she/he makes a false or misleading statement in an application for an authority or benefit. The penalty for false or misleading application is imprisonment for 2 years, or a fine of $22,000 or both.
Under s.43(1) of the Home Building Act 1989 the Commissioner may cancel a permit if it is later discovered that a permit holder misrepresented information in their permit application.
Fair Trading offers services that may help you avoid or resolve disputes with your contractors. Refer to our Resolving building disputes web page for more information or call 13 32 20.
For more information about becoming an owner-builder, contact Fair Trading on 13 32 20 or refer to our website. You may also seek information from:
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