Owner-builder legislation in Australia has changed over the years. The provisions can vary per state. In New South Wales, for example, an owner-builder is defined by law as someone “who does owner-builder work and holds a permit for that work under the authority of a permit issued by NSW Fair Trading.

1. A Simple
Introduction
to Becoming an
Owner-Builder
Classic Hire
(08) 9336 2500

2. Owner-builder legislation in Australia has
changed over the years. The provisions can vary
per state. In New South Wales, for example, an
owner-builder is defined by law as someone
“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 refers to any kind of
work (including co-ordination and
supervision)involving construction, repair, or
alteration to a residence (e.g. house, garage,
pool, etc.). It should satisfy the following
requirements:
- The property should have a reasonable market cost (inclusive of
materials and labour) exceeding $5,000.
- The property should be a single dwelling or dual occupancy requiring
development consent, as cited in Part 4 of the Environmental Planning
and Assessment Act of 1979.

3. Responsibilities as Mandated by the Law
Owner-builders are responsible for general project supervision including:
 Hiring of equipment suppliers and contractors
 Procurement of materials and supplies
 Processing of legal requirements and council permits
Owner-builders also have legal obligations under the Workers
Compensation Act of 1987 and Occupational Health and Safety Act of 2000.
Anyone planning to become an owner-builder
must remember that they are
guaranteeing the work. They have obligations
to the next property owner, as specified by the
statutory warranties in the Home Building Act
of 1989.Noncompliance to the Home Building
act can result in a maximum penalty of up to
$22,000.

4. Fair Trading Building Contracts
The law requires tradespeople engaging in any type of residential or
specialist work worth $1,000 and above to enter a contract with the
homeowner. In a similar way, owner-builders are required to enter a
contract with every tradesman involved. Drafted by the NSW Fair
Trading, these contracts include:
- Home building contract (work valued from $1,000 to $5,000)
- Home building contract (work valued above $5,000)
Becoming an owner-builder is a serious endeavour that involves careful
planning and legal contracts. Owner-builders are allowed to perform the
actual work themselves (except for specialist work) or hire contractors
to perform all the work from start to finish.
Sources:
http://classichire.net.au/
http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Home_
building_and_renovating/Becoming_an_owner_builder.html
http://www.theownerbuilder.com.au/articles/134%20OB%20Regs%20
WA.pdf