Building Act 2000 Changed requirements for Owner Builders

The laws affecting owner builders under the Building Act 2000 has changed as of 1 July 2007.  A pre-registration process has been introduced that has the advantage of allowing prospective owner builders to determine their eligibility to build before committing themselves to contracts or other legal and financial obligations.  The changes will not diminish the existing rights of genuine owner builders to build on their own land and will ensure that people who do not fit the requirements to be an owner builder are identified before they apply for a building permit. 

Changed administrative process for owner builders

From 1 July 2007, if someone is considering becoming an owner builder they must follow these steps:

1. The owner of land or a building must decide whether they want to become an owner builder.  An Owner Builder Kit is available from the Workplace Standards Helpline that provides information about the responsibilities of an owner builder.
2. Once they have decided to become an owner builder they must take their completed plans to a building surveyor and advise them of their intention to be an owner builder.  They must also complete an Owner Builder Statement (Form 34).   The following link is provided to enable applicants to download Owner Builder Kits and Statements from Workplace Standards.  http://www.justice.tas.gov.au/wst/industries/building/owner-builders/kit
3. The building surveyor will seek a Report from the Director of Building Control (the Director) to determine their eligibility to be an owner builder.  If approval is granted, the Building Surveyor will issue a Certificate of Likely Compliance.
4. They must then apply for a building permit from the local council.  A completed Owner Builder Statement and the Certificate of Likely Compliance must all be included with the application for a building permit.

Role of the Building Surveyor

These changes will directly affect all building surveyors (private or council employed).  Building surveyors will be required to seek a report from the Director whether or not that person is eligible to be an owner builder.  The Director must verify all persons intending to be an owner builder before they can be issued with a Certificate of Likely Compliance by a building surveyor.  . 

Role of the Permit Authority

Council Building Department staff will be required to ensure that an applicant for a building permit who intends to build as an owner builder provide copies of the Owner Builder Statement (Form 34) and the Certificate of Likely Compliance (Form 11).  As a Permit Authority already requires these two forms, changes are minimal.  The Certificate of Likely Compliance will now note an owner builder registration number that authorises the person to act as an owner builder.  Regulation 18 of the Building Regulations 2004 has been amended to reflect these changes.  The Owner Builder Statement will now be completed by the applicant at an earlier stage than previously.