Owner Builder Requirements Tasmania
Applicable Legislation The following is a brief overview of the rules which govern the issue of an Owner Builders permit.
Anyone building in Tasmania, must undertake the construction in accordance with the relevant building legislation.
At the time of publication, those laws include:
- Building Act 2000
- Building Regulations 2004
- Plumbing Regulations 2004
- Building Code of Australia (BCA)
- Workplace Health and Safety Act 1995
- Workplace Health and Safety Regulations 1998
Workplace Standards Tasmania has produced a publication, the "Owner Builder Kit" that contains important information for anyone intending to become an Owner Builder.
This is mandatory reading for all prospective Owner Builders, before signing the Owner Builder Declaration and Statement ( also called Approved Form Number 34)
A copy of the Owner Builder Kit is available from:
Workplace Standards Tasmania (WST)
Department of Justice
P.O.Box 56,
Rosny Park,
Tasmania, 7018
For a copy of the free Kit, telephone WST on 1300 366 322
It is also available:
Permit Authorities are the relevant local council.
An Owner Builder must not start work or permit any work under their control to start before notifying the Building Surveyor in accordance with the Building Regulations 2004.
“Heritage” orders may affect the construction, redevelopment, alteration or addition to a property if it has been listed on the Heritage Council of Tasmania.
It is the Owner Builders responsibility that this legislation have been complied with.
Owner Builders are responsible for:
- Obtaining Certificate of Likely Compliance
- Obtaining planning, building and plumbing permits
- Notifying the Building Surveyor of prescribed stages of building works
- Construction in accordance with the permit and any conditions and to the standard required by the BCA
- Payment of all fees, charges and levies associated with the work
return to owner builder online store Title Requirements and Permit Restrictions The Building Act 200 defines an Owner Builder as:
“owner builder” means a person who-
a) carries out building work on a building or land owned by the person; and
b) is not carrying on a business of building; and
c) has not constructed more than 2 buildings of any classification (including in the case of a class 1 building more than two groups of buildings which in association constitute a class 1 building), other than a class 10 building, in the last 10 years not including any years prior to the commencement of this Act; and
d) has made a statement referred to in section 24.
Refer to the Owner Builder Kit for an explanation of this definition.
Occupational Health and Safety Obligations In short, Owner Builders are responsible for ensuring that building work under their control is carried out in a manner that does not cause:
- Risk to public health
- Danger to the public
- Nuisance to the adjoining Owner
- Damage to the infrastructure
As the Owner Builder, you take on the role of the accountable person in respect to the safe conduct of all works associated with your site.
If the works value exceeds $200,000, then you become the “responsible officer” and must provide a signed declaration that safe systems are in place to meet the requirements of the Workplace Health and Safety Act 1995.
A pamphlet called “Workplace Health and Safety on Residential Housing Projects” is available from Workplace Standards Tasmania.
For a free copy, telephone WST on 1300 366 322 or (03) 62 33 7657
This pamphlet provides information on safety standards that apply to a housing project and detail specific responsibilities for workplace health and safety.
It explains the implications of non compliance and provides links or access details to relevant standards.
return to owner builder online store Contract Requirements A contract written between an Owner Builder and a contractor or supplier is a legal document which must include specific information relevant to the project and to the works which are included.
The contract must be written in “plain English” as to avoid confusion, misunderstanding or leave area open to individual interpretation.
Standard formats have been developed to provide easily accessible documentation for Owner Builder use.
Before using or completing any contract with a tradesperson, contractor or supplier, make certain the following is included:
- The names of the parties, including the name of the holder of the contractor license if applicable
- The number of the contractor license if applicable
- Sufficient description of the works to which the contract relates
- Reference and description (titles, drawing numbers etc) of associated plans and specifications
- Contract price (if known) including GST
- Statutory warranties applicable to the work
- Business names and ABN’s as applicable
- Cooling off period if any
- Progress payment schedule or payment terms
- Deposits to be paid if any
- Variations process
- Defect Liability Period
Insurance and Finance Owner Builders must ensure their property and the construction is adequately and appropriately covered during the construction phase of the project.
The Owner Builder Statement (Approved Form 34) will require you to indicate that appropriate Public Liability and Workers Compensation policies are in effect in respect to the works.
Other Insurances that should be considered by the Owner Builder include:
- General Insurance
- Construction Insurance
- Key Person Insurance
- Loan or Mortgage Insurance