Owner Builder Regulations Queensland, #133 - The Owner Builder

Owner builder regulations...QueenslandThe legislation surrounding owner builders differs from state to state, and haschanged a number of times over the last few years. We will attempt to coversome of the main points, state by state, over the next few issues.Building PermitBefore starting construction of any type, you will needa building permit or development approval. The buildingpermit will state which inspections are required and at whatstages of construction. The Council or private certifierwho issued the permit is responsible for carrying out theseinspections.Some building work is deemed exempt, and does notrequire a building permit. Some exempt building work may,however, require approval under the Council’s planningscheme.Exempt building work applies to minor structures andincludes: fixing minor attachments to a building such as a sunhood no more than 1 metre from the building; repairs andmaintenance to existing buildings; and the construction ofplayground equipment not more than 3 metres high.Some minor building work is deemed to be self-assessable.While a building permit is not required, the owner isresponsible to ensure it complies with any applicable standards,such as structural sufficiency, size limits and boundarysetbacks.Examples of self-assessable building work include: a smalltool shed, stable, fowl house or the like up to 10 square metresin area, other than in a tropical cyclone area; a 1 metre highretaining wall (providing no loads are imposed above it, suchas a building or driveway); and a fence not more than 2 metreshigh (but not including swimming pool fencing).Owners are responsible for complying with the planningscheme. For enquiries about whether a building permit isrequired, how to apply for a building permit or the standardsapplicable to building work, contact either your local councilbuilding certifier, or a private building certifier (look under‘Building Certification Services’ in the Yellow Pages).Owner Builder PermitAn Owner Builder Permit is required if the estimated valueof building work is $6600 or more. In addition, if the value ofbuilding work exceeds $11,000 then proof of completion of anapproved Owner Builder course is also required. Exemptionsfrom the course are available if you have some related tradequalification.Domestic building work is the only type of work that maybe carried out under an Owner Builder Permit. Any workthat requires a occupational licence must be carried out bya licences contractor (e.g. plumbing, draining, gas fitting,termite management).Only one Owner Builder Permit will be issued within anysix-year period.In order to obtain an Owner Builder Permit, an applicationform must be completed and returned, along with theprescribed fee. The application form requires:• Proof of Identification – a certified copy of photoidentification such as a driver’s licence.• Proof of Ownership – current Title Search orConfirmation Registration Statement that must be originaland less than 30 days old.• Owner Builder Course (where applicable) – proof ofcompletion of an approved course, within the last 5 years.• Fee – if the estimated value of building work is $11,000or less, the fee is $125; if the estimated value of buildingwork exceeds $11,000 the fee is $252.• A sign, having a surface area of at least 0.5m 2 , must bedisplayed in a prominent position on the building site,providing detail of the permit holders name and the ownerbuilder permit number.70 • TOB 133 • February/March 2006

PHOTO: KATE O’DWYERCoursesThe BSA has a number of approvedcourse providers. Courses cover topicssuch as:• Legal Obligations – Taxation• Insurances• Health & Safety• Choice of Materials• Building Methods• Budgeting & Estimating• Planning• Finance• Construction Stages.You can also purchase an OwnerBuilder Course Study Guide directlyfrom the BSA for $15. This doesnot replace the course but is usefulpreparation.InsuranceIn Queensland, the governmentunderwrites home warranty risk,regulated by BSA, protectingconsumers who have a contract withan appropriately licensed contractor toperform residential building work. Thisassists consumers in cases where: thecontractor fails to complete the buildingwork for reasons that are not theconsumers fault; the contractor fails torectify defective work; and the buildingsuffers from the effects of subsidence orsettlement.However, by becoming an OwnerBuilder you forfeit your right to BSAinsurance on the building work. If yousell the property within 6 years aftercompletion, you must provide theprospective purchaser with a noticeUseful resources• Owner Builder Permits areissued by The State of QueenslandBuilding Services Authority(BSA) (07 3225 2800,www.bsa.qld.gov.au). The applicationform is available as a downloadfrom the website, under >Builders>Applications.• Workplace Health andSafety, Department of IndustrialRelations. 1300 369 915,www.dir.qld.gov.au/workplace• Titles Office, Department ofNatural Resources and Mines.07 3405 6900, www.nrm.qld.gov.au• The Greenhouse Office(www.greenhouse.gov.au/yourhome,1300 130 606) publishes a guideto good home design, fromorientation through buildingmaterials to appliances &furnishing. A technical manualprovides lots of detail, as well assome case studies.• The Owner Builder magazine.#131 – NSW OB regs, #132 – Vic.OB regs.which contains details of the buildingwork performed, the name of theperson (owner builder permit holder)who performed the work, a statementconfirming the work was performedunder an owner builder permit, and thefollowing warning ‘WARNING – thebuilding work to which this noticerelates is not covered by insuranceunder the Queensland BuildingServices Authority Act 1991.’ nTOB 133 • February/March 2006 • 71