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NSW Owner Builder Course
QLD Owner Builder Course
WA Owner Builder Course
Owner Builder Requirements New South Wales
Applicable Legislation
• Home Building Act 1989 (as amended)
• Home Building Regulations (as amended)
• Environmental Planning and Assessment Act
• Building Code of Australia
• Local Government Act
The New South Wales Government through the Office of Fair Trading produces several information information and education kits which are recommended reading for anyone considering undertaking an Owner Builder project.
This information and education kits provides valuable information on Owner Builder obligations and responsibilities which owner builders should consider before embarking on any Owner Builder project.
The information and education kit highlights information on the following Owner Builder topics:
• What is an owner builder?
• What constitutes owner builder work?
• How do you get an owner builder permit?
• Owner Builder responsibilities
New South Wales law determines:
• “owner-builder work means residential building work:
a) where the reasonable market cost of the labour and materials involved in which exceeds the prescribed amount (currently $5000.00), and
b) that relates to a single dwelling-house or a dual occupancy:
i) that may not be carried out on the land concerned except with development consent under Part 4 of the Environmental Planning and Assessment Act 1979, or
ii) that is complying development within the meaning of that Act.
• “If land is owned by a company that is wholly owned by individuals, the land is to be taken (for the purpose of this division) to be owned by those individuals.”
• “In this division, a reference to an owner of land includes reference to a person who has a prescribed interest in the land.”
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Title Requirements and Permit Restrictions
To obtain an owner building permit you will need to apply to the NSW Office of Fair Trading – Home Building Service and demonstrate that:
• You are over 18 years old;
• You are the owner or have a prescribed interest in the land (eg, certificate of title or rates notice); and
• You live or intend to live in the completed home.
• In addition you will need to provide:
• A description and the address of the proposed works with a copy of plans;
• Council development certificate number or complying certificate number;
• An Owner-Builder permit application fee (currently $126.00); and
• Evidence that you have completed a course of education or instruction approved by the Commissioner of Fair Trading if the value of works exceeds $12,000.00.
You are only allowed to obtain one owner builder permit in any 5 year period unless there exists exceptional circumstances.
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
• Risk to self and other engaged on site
• 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 or responsible person in respect to the safe conduct of all works associated with your site.
This means that you are responsible for not only the safety of all persons on site or adjacent areas, but also for the actions of the contracted workers or visitors to your site.
Careful planning, preparation and education are the best tools an Owner Builder can employ to ensure the safety of the site and those individuals who might attend site either as a visitor or as an engaged worker.
APEX Training has developed specific management tools, checklists and registers that make this process simple.
The requirements of Worksafe NSW should be investigated and understood before any Owner Building work commences on your site.
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Contract Requirements
As an Owner-Builder you need to be aware of the contractors responsibilities in respect to providing contracts for works to be undertaken.
“By law, all building trade contractors doing residential and specialist work valued over $1000.00 must provide a contract in writing to the home owner.”
Given the above, as an Owner-Builder you undertake the roles and responsibilities of the principal contractor.
As such:
• It is recommended that as the Owner-Builder, you ensure that all such works are covered by complying contracts.
• these contracts are appropriate and the contractors hold the relevant licences, registration and or qualifications required to legally perform the works for which they are engaged.
If you do not have access to the internet, the call the Office of Fair Trading on 13 32 20 and a Customer Service Officer will search the public register for you to check the contractors licence number and the scope of works allowed by the licence.
It is important that these qualifications are established before any contract is entered into.
Information to be included in Contracts
The law in respect to the provision of contracts is specific in the detail and information which must be included in these contracts.
By law a contract between an owner-builder and a contractor must be signed by both parties and must include specific information.
The Home Building Act 1989 Part 2 Division 1 Section 7 details the specific content and the form that a contract for residential construction work must take.
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Form of contracts
• A contract must be in writing and be dated and signed by or on behalf of each of the parties to it.
• A contract must contain:
(a) the names of the parties, including the name of the holder of the contractor licence shown on the contractor licence, and
(b) the number of the contractor licence, and
(c) a sufficient description of the work to which the contract relates, and
(d) any plans and specifications for the work, and
(e) the contract price if known, and
(f) any statutory warranties applicable to the work.
In addition to the above, from the 16th of February, 2004, it is a requirement to include:
• A checklist of 3 items as provided in Form1 of Schedule 5 of the Home Building Regulation 1997;
• A caution about signing a contract if the consumer cannot answer yes to all the items in the checklist;
• A note about the consumers entitlement to a copy of the signed contract within 5 business days of signing;
• A note of the contractors obligation to provide a certificate of home warranty insurance if the work is over $12,000.00;
• An acknowledgement by the consumer that they have read and understood the “Consumer Building Guide”;
• A clause that states any agreement to vary the contract or any plans and specifications must be in writing and signed by the consumer and the contractor;
• A clause that states that all plans and specifications for work to be done under the contract (including any variations to those plans) are taken to form part of the contract;
• A clause that states the work will comply with the Building Code of Australia, to the extent required under the Environmental Planning and Assessment Act 1979, including any instrument made under that Act and all other relevant codes, standards and specifications that the work is required to comply with under law, and the conditions of any relevant development consent or complying development certificate;
• A clause that the contract may limit the liability of the contractor to comply with the clause referred to immediately above if the failure relates solely to a design or specification required by the owner if the contractor has advised the owner in writing that it contravenes the clause referred to immediately above.
The registered business name of the licensed contractor may also be included in the contract.
In addition to the above information.
Also form the 16th of February, 2004, the licence holder must also give to the homeowner a copy of the “Consumer Building Guide” published by the Office of Fair Trading. The guide includes the above information again. Contracts entered into form 16 February, 2004 are subject to a cooling off period whereby the consumer may rescind the contract by written notice without penalty within 5 clear days after receiving a copy of the contract, or if the consumer has not received a copy, within 5 days of their becoming aware of their entitlement to receive a copy.
• The contract must comply with any requirements of the regulations.
• If the contract price is known, it must be stated in a prominent position on the first page of the contract.
• If the contract price is not known or may be varied under the contract, the contract must contain a warning to that effect and an explanation of the effect of the provision allowing variation of the price. The warning and explanation must be placed next to the price if the price is known.
• A contract must not include in the contract the name of any person other than the holder of a contractor licence as, or so it may reasonably be mistaken to be, the holder’s name.
• This section does not prevent the holder of a contractor licence with a business name registered under the Business Names Act 1962 from also referring in such a contract to the business name.
In addition to the above required information it is advisable to ensure the contract clearly identifies other information specific to the contract such as:
• Progress payments and or stages where applicable
• Deposits required/paid if any
• Defects Liability period
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Insurance and Finance
Statutory and Recommended Insurances
In this section we will discuss the main insurances both mandatory and recommended that the Owner-Builder would carry and expect the engaged professionals and contractors to carry in respect their project.
A sound knowledge of your responsibilities and the options available to you as an Owner-Builder in respect all insurance matters will help to ensure you maintain adequate cover in respect of all activities on your site.
• Home Warranty Insurance
Contractor
Effective the 1st of January, 1999, each licensed contractor (tradesperson or builder) who enters into a contract directly with an owner-builder to undertake residential building works must provide Home Warranty Insurance from an approved insurance provider.
Since April 2002 insurance is required where the cost of contactor’s the work exceeds $12,000.00.
Owner-Builder
Should an Owner-Builder sell their home within 6 years of the completion of the works, they are required to take out Home Warranty Insurance where the market value of the entire project including labour and materials was more than $12,000.00
In the event of sale, the sales contract must:
• identify any works completed under an Owner - builders permit
• demonstrate that an Owner - builders permit was issued in respect of these works
• advise the purchaser that the Owner-Builders works required Home Warranty Insurance, and
• have attached, the Home Warranty Insurance Certificate
You guarantee the complete works.
As such, if your house is sold and a subsequent claim is made against the Home Warranty Insurance, the insurer may attempt to recover the cost of the claims from you.
Obtaining Home Warranty Insurance
Whilst we can not recommend any one provider, Home Warranty Insurance for Owner-Builders is available through the companies that are listed on the Department of fair Trading website:
Further reading and information on this topic is available on the Office of Fair Trading website, we strongly recommend you take the time to further study this area.
Builders All Risk Insurance
Sometimes known as Construction Insurance.
This policy covers the works on the site and the material securely stored on site from theft, fire, storm, wilful damage etc.
It can also be extended to cover items in transit and other defined events as specified in the policy.
As with all insurance, be certain you understand the specific inclusion and more importantly exclusions.
Also what if any excess is included and how it affects the premium paid.
Public Liability Insurance
While it remains your responsibility to make the site as safe as is possible and to put in place certain risk management strategies, accident still do happen.
It may be a visitor to the site, a friend, a relative or even a member of the general public who falls, trips or in some way injures themselves on the construction site.
Should they seek to claim damages, you will need to be insured to cover any associated costs.
Quite often, a lower premium can be achieved through insuring for Construction (All Risk) and Public Liability with the one insurer.
Workers Compensation Insurance
WorkCover, or workers compensation insurance is to provide for loss of income due to accident or injuries received during the conduct of works on or associated with the a workplace.
It remains a legal obligation for anyone who employ staff on a full or part time basis to provide adequate workcover insurance.
As the Owner-Builder and therefore the Principal Contractor, it is your responsibility to:
Provide Workers Compensation for people employed on your site, or
Ensure all trades people and contractor carry their own policies and that these policies are current and appropriate.
You should contact workcover prior to engaging contractors to ensure you have an understanding of your liability in respect workers compensation should anyone you have engaged fail to meet their workcover obligations.
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Owner Builder Requirements Queensland
Applicable Legislation
The following is a brief overview of the rules which govern the issue of an Owner Builders permit.
Anyone building in Queensland, must undertake the construction in accordance with the relevant building legislation,
• The Queensland Building Services Act 1991
• Building and Construction Industry Payments Act 2004
• Building and Construction Industry Payments Act 2004
• Building Code of Australia
• Workplace Health and Safety Act
• Environmental Protection Act
• Integrated Planning Act
• Domestic Building Contracts Act 2000
The QBSA produces several fact sheets which are suggested reading for anyone considering undertaking an Owner Builder project.
These fact sheets provides valuable information on Owner Builder obligations and responsibilities which owner builders should consider before embarking on any Owner Builder project.
The fact sheets highlight information on the following Owner Builder topics:
• Approval Process
• Determining the Value of Owner Builder Work
• Carrying out Building Work not Included in Your Permit
• Subsequent Permits
• Signage
• Warnings
• Amending or Adding to a Permit
• Canceling a Permit
• Removal of Notification on Title
• Building and Construction Industry Payments Act 2004
The fact sheets produced by the Queensland Building Services Authority states:
“Domestic Building work is the only type of work able to be performed under an Owner Builder Permit. You cannot carry out building work for a multiple dwelling or for a building intended to be used for commercial purposes.”
In other words, an owner builder permit allows an individual who is not in the business of building to construct a single domestic dwelling for their own use.
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Title Requirements and Permit Restrictions
The fact sheets produced by the Queensland Building Services Authority states:
“You cannot obtain another permit within six years from the date of issue of a previous permit unless BSA is satisfied there are special circumstances and has approved a six year exemption request.”
Furthermore, all interested parties listed on the title deed are excluded for the same period in respect to obtaining an Owner Builder Permit.
Occupational Health and Safety Obligations
Queensland law determines that any person engaged on or visiting a construction site must have been inducted onto that site in respect to the site safety and present hazards.
It is a requirement that any persons on a construction site must have completed the accredited course in General Site Safety Induction provided by an approve Registered Training Organisation.
Click here to find out more information on our General Site Safety induction Training
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 or responsible person in respect to the safe conduct of all works associated with your site.
This means that you are responsible for not only the safety of all persons on site or adjacent areas, but also for the actions of the contracted workers or visitors to your site.
Careful planning, preparation and education are the best tools an Owner Builder can employ to ensure the safety of the site and those individuals who might attend site either as a visitor or as an engaged worker.
Owner Building Solutions Australia has developed specific management tools, checklists and registers that make this process simple.
The requirements of the Workplace Health and Safety Act should be investigated and understood before any Owner Building work commences on your site.
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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 should 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
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Insurance and Finance
Owner Builders must ensure their property and the construction is adequately and appropriately covered during the construction phase of the project.
Queensland Owner Builders are not covered by and cannot effect the mandatory insurances in respect to competed works as provided for licensed builders under the Act.
As a minimum, we recommend the following insurances:
* Construction Insurance
* Public Liability
* Householder Insurance
Owner Building Solutions our sister company has an insurance package available through our associated brokers, which has been tailored specifically to meet the needs of the Owner Builder.
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Owner Builder Requirements Victoria
Applicable Legislation
• Building Act
• Building Regulations
• Building Code of Australia
• Domestic Building Contracts Act
• Health and Safety Act 1985/2004
Victoria, through the Building Commission produces an information and education kit which is mandatory reading for anyone considering undertaking an Owner Builder project.
This information and education kit provides valuable information on Owner Builder obligations and responsibilities which owner builders should consider before embarking on any Owner Builder project.
The information and education kit highlights information on the following Owner Builder topics:
• Appling for Certificates of Consent
• Permits
• Building Standards
• Council Local Laws
• Insurance
• Engaging Builders and Tradespeople
• Contracts
• Dispute Resolutions
• Selling you Owner Built Property
Title Requirements and Permit Restrictions
The information and education kit produced by the Victorian Building Commission states:
“An Owner Builder is a person who carries out domestic building work on his or her own land and is not in the business of building.
If the land is owner by a body corporate or is the subject of a trust, then the owner builder must be a body corporate director or a trust beneficiary. Body corporate directors and trust beneficiaries will need the written permission of the body corporate or the trustees to apply for a Certificate of Consent and to carry out the domestic building work. Similarly, if the land is owner by more than one person, then the owner builder will need the written permission of all the other owners.
Further, the information kit advises that from 14 June 2005, Owner Builders:
“Must obtain a Certificate of Consent from the Building Practitioners Board in order to obtain a building permit to carry out domestic building work valued over $12,000.
May only obtain building permits for a single home and associated work on a single property in any three year period.
Must reside and continue to reside or intend to reside in the single home.”
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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 or responsible person in respect to the safe conduct of all works associated with your site.
This means that you are responsible for not only the safety of all persons on site or adjacent areas, but also for the actions of the contracted workers or visitors to your site.
Careful planning, preparation and education are the best tools an Owner Builder can employ to ensure the safety of the site and those individuals who might attend site either as a visitor or as an engaged worker.
APEX Training has developed specific management tools, checklists and registers that make this process simple.
The requirements of the Occupational Health and Safety Act 1985/2004 should be investigated and understood before any Owner Building work commences on your site.
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 should 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.
Under the Domestic Building Contracts Act 1995, a Major Domestic Building Contract must be established where you engage a building practitioner or a tradesperson and the value of the works they are completing exceeds $5000.
The contract must include:
• Full details of the terms of the contract
• A detailed description of the work
• Plans, drawings and specifications of the work
• Names and address of the parties to the contract
• The contractors registration number with the Building Practitioners Board
• The date the work is to start or how that date will be determined
• A statement that the contractor will do everything that is reasonably possible to start work as soon as possible if the start date is not known
• The contract price, the date of the contract and the details of the contractors domestic building insurance cover
• A notice of your right to a 5 day cooling off period
• A section including definitions of word used in the contract
• An approved checklist
• A statement of implied warranties to be given by the contractor including the standard of workmanship, materials to be used, compliance with all laws and legal requirements, the homes suitability for occupation and completion within the states time frame.
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Insurance and Finance
Owner Builders must ensure their property and the construction is adequately and appropriately covered during the construction phase of the project.
In Victoria, insurance for protection work is the only compulsory insurance an owner builder must take out.
Protection work is that work which is undertaken to protect and make safe an adjoining property from any damage that might occur as a result of the building work you intend to carry out.
If you elect to sell your owner built property within six and a half years from the completion of the work, you will be required to obtain domestic building insurance to cover against claims brought against you by future owners.
This cover would only come into effect if you die, disappear or become insolvent.
Other insurances we would recommend include:
• Public Liability
• Workers Compensation
• Builders All Risk
• Construction Insurance
• Key Person Insurance
• Mortgage Cover
As a minimum, we recommend the following insurances:
* Construction Insurance
* Public Liability
* Householder Insurance
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Owner Builder Requirements South Australia
Applicable Legislation
• Development Act 1993
• Building Work Contractors Act and Regulations (as amended)
• Building Code of Australia (BCA)
• Workplace Health and Safety Regulations 1998
• Environmental Protection Act 1993
The Government of South Australia produces a booklet which details Owner Builder responsibilities under the Development Act 1993 and is available from the Department of Primary Industries and Resources SA.
This booklet provides valuable information on Owner Builder obligations, how to comply with relevant legislation and how the application process works.
The booklet highlights the following Owner Builder responsibilities:
• Obtaining a Development Approval
• Lodgment of all copies of certificates of indemnity insurances for all work to be undertaken by a licensed building work contractor with
council before commencing that stage of the building work
• Notification of adjoining owners of an intention to perform building work that may affect that property
• Notify the council at the prescribed stages of building work
• Advising the council of the name and contact details of the person who will be supervising the building work
• Undertake the building work in accordance with the approved documentation
• Submission of a signed Statement of Compliance (Schedule 19A) to the relevant authority on completion of the building works
Additionally, in South Australia, Owner Builders must pay the construction industry training levy.
The levy must be paid on all works where the estimated value will exceed $15,000.
The levy totals 0.25% of the value of the building works and is payable to the Construction Industry Training Board.
Title Requirements and Permit Restrictions
The Owner Builder Information Booklet as produced by the South Australian Government describes an Owner Builder as follows:
Land owners who plan to build on their land and either carry out the work themselves, or coordinate the necessary tasks to construct the building are considered to be Owner Builders.
If the building work is being done with a view to sell or let the land or buildings then a licensed building work contractor will need to be hired to undertake the building work.
Owner Builders are required by law to meet the same legislative requirements relating to building work as licensed builders.
These requirements are contained in the Development Act and Regulations 1993.
This means that a person or entity with an interest in a parcel of land is entitled to undertake the function of an Owner Builder.
At this time there is no legislative requirement to be licensed as an owner builder in South Australia.
There exists no restriction on the number of owner builder projects which may be undertaken, provided the above restrictions and requirements are satisfied.
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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 responsible person in respect to the safe conduct of all works associated with your site.
This means that you are responsible for not only the safety of all persons on site or adjacent areas, but also for the actions of the contracted workers or visitors to your site.
Careful planning, preparation and education are the best tools an Owner Builder can employ to ensure the safety of the site and those individuals who might attend site either as a visitor or as an engaged worker.
APEX Training has developed specific management tools, checklists and registers that make this process simple.
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.
In South Australia, the Building Work Contractors Act 1995 requires you to have a signed contract for al domestic building work costing $12,000 or more.
The contract should 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
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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 Building Work Contractors Act 1995 requires licensed building work contractors to take out indemnity insurance for all building work contracts costing $12,000 or more to cover non completion of the building work or failure to rectify faulty work if the contractor dies, disappears or is declared bankrupt.
The contractor is required to forward the certificate of indemnity insurance to the building owner.
As a minimum, we recommend owner builders have the following insurances:
* Construction Insurance
* Public Liability
* Householder Insurance
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Owner Builder Requirements Western Australia
Applicable Legislation
• Builders Registration Act 1993
• Home Building Contracts Act 1991
• Health Act
• Building Code of Australia
The Western Australia Government produces a brochure titled “Building Your Own Home” which is suggested reading for anyone considering undertaking an Owner Builder project.
This brochure provides valuable information on Owner Builder obligations, and includes a suggested checklist which owner builders should consider before embarking on any Owner Builder project.
The booklet highlights information on the following Owner Builder topics:
• Owner Builder Fee
• What Type of Home can be Erected by an Owner Builder
• Owner Builder Responsibilities in respect to Standard of Work
• Building Problems and Disputes
• A Suggested Checklist
Further important information is included in the Owner Builder Statutory Declaration which must be completed by all Owner Builder applicants.
Title Requirements and Permit Restrictions
The brochure titled “Thinking of Building Your Own Home?” states:
Within the area of jurisdiction of the Board persons may construct for themselves, once within a six year period, a dwelling house or a building comprising two dwellings on ground level, including additions thereto.
Owner Builders are not permitted to sell their owner built homes within three years of the completion of their project without the written consent of the relevant Minister or their delegate.
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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.
This means that you are responsible for not only the safety of all persons on site or adjacent areas, but also for the actions of the contracted workers or visitors to your site.
Careful planning, preparation and education are the best tools an Owner Builder can employ to ensure the safety of the site and those individuals who might attend site either as a visitor or as an engaged worker.
APEX Training has developed specific management tools, checklists and registers that make this process simple.
The requirements of Worksafe WA should be investigated and understood before any Owner Building work commences on your site.
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 should 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
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Insurance and Finance
Owner Builders must ensure their property and the construction is adequately and appropriately covered during the construction phase of the project.
Western Australian law requires Owner Builders to take out Home Indemnity Insurance if they enter into a contract to sell or otherwise dispose of a dwelling built pursuant to an Owner Builders Licenses (within 7 years of the issuance of the license) and provide this insurance to the purchaser.
This insurance policy must relate only to the building work to be carried out under the Owner Builder Permit as a discreet project and provide cover to future owners of the home for the rectification of any non compliant building work for a period of 7 years from the completion of the building.
This policy would normally becomes active after the occupancy permit has been issued.
Generally, the Owner Builder will not personally be able to make a claim on this insurance policy.
Other Insurances that should be considered by the Owner Builder include:
• General Insurance
• Workers Compensation
• Construction Insurance
• Key Person Insurance
• Loan or Mortgage Insurance
As a minimum, we recommend the following insurances:
* Construction Insurance
* Public Liability
* Householder Insurance
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Owner Builder Requirements Northern Territory
Applicable Legislation
• Building Act 1993
• Building Amendment Act 2004
• Building Amendment Act 2005
The Northern Territory Government produces a detailed Owner Builder Manual which is mandatory reading for anyone considering undertaking an Owner Builder project.
This booklet provides valuable information on Owner Builder obligations, how to comply with relevant legislation and how the application process works.
The booklet highlights information on the following Owner Builder topics:
• Introduction to the Manual
• Funding the Owner Builder Project
• Owner Builder Certificate
• Applying for the Owner Builder Certificate
• Preparing to Start Building Work
• Insurance
• Carrying out Building Work
• Completion of Building Work
• Relevant Building Legislation
• Useful Contacts
• Owner Builder Declaration
Title Requirements and Permit Restrictions
The Owner Builder Manual as produced by the Northern Territory Government provides the following description:
Who is eligible for an Owner Builders Certificate?
To be eligible for an Owner Builders Certificate you must:
• be an individual
• be a title holder of the land on which the residential building work is to occur;- should there be more than one titleholder, all names must appear on the owner builder certificate;
• not have entered into an agreement to transfer ownership of the land to another person
On 21 December, 2004, the Northern Territory Building Act was amended to include provisions which would provide greater protection for consumers, building contractors and genuine owner builders.
Genuine Owner Builders are not in the business of building and are limited to building on one block of land in a six year period.
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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.
This means that you are responsible for not only the safety of all persons on site or adjacent areas, but also for the actions of the contracted workers or visitors to your site.
Careful planning, preparation and education are the best tools an Owner Builder can employ to ensure the safety of the site and those individuals who might attend site either as a visitor or as an engaged worker.
Owner Building Solutions Australia has developed specific management tools, checklists and registers that make this process simple.
The Work Health (Occupational Health and Safety) Regulations Part II, Construction Work should be referred to in respect the accountable persons responsibilities on a building site.
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.
In the Northern Territory the provisions of section 48B of the Building Act requires you to have a signed contract for al domestic building work costing $12,000 or more.
The contract should 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
Specifically, section 48B states the following mandatory inclusion in any written building contract:
• The name of the builder (or contractor) and their registration or license number
• Any deposits to be a maximum of 5%
• Work stages and amounts for progress payments
• The full extent of the works
• A dispute management process
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Insurance and Finance
Owner Builders must ensure their property and the construction is adequately and appropriately covered during the construction phase of the project.
In the Northern Territory, the Home Building Certification Fund (HBCF) Owner Builder Insurance is the mandatory insurance cover required under the Building Act.
It is obtained through the Territory Insurance Office.
This insurance policy must relate only to the building work to be carried out under the Owner Builder Certificate as a discreet project and provide cover to future owners of the home for the rectification of any non compliant building work for a period of 10 years from the completion of the building.
This policy becomes active after the occupancy permit has been issued.
The Owner Builder will not personally be able to make a claim on this insurance policy.
Other Insurances that should be considered by the Owner Builder include:
• General Insurance
• Workers Compensation
• Construction Insurance
• Key Person Insurance
• Loan or Mortgage Insurance
As a minimum, we recommend the following insurances:
* Construction Insurance
* Public Liability
* Householder Insurance
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Identification Requirements for Online Students
STATUTORY DECLARATION INFORMATION AND STUDENT IDENTIFICATION REQUIREMENTS
As a Registered Training Organisation (RTO), Australian Providers of Educational Xcellence (A.P.E.X.) has specific obligations in respect to establishing the following:
* Participants Proof of Identity
* Proof that the participant undertook the course of instruction
* The works submitted are that of the Identified Participant; and
* That the works and assessments were undertaken and completed without the assistance of a third party other than the trainer or
the facilitator of the course
The methods by which these details can be established and recorded are provided to RTO’s normally through Special Conditions to the license agreement which allows us to present this course.
A copy of these conditions is available upon request.
What Does This Mean To You as An APEX Student?
We have developed a Statutory Declaration and a Checklist which will assist you in collecting the information required to satisfy the conditions listed above.
To meet the requirements you will need to:
Obtain two passport size photos or have your drivers license/passport photo copied and certified by a Justice of the Peace, a Commissioner of Declarations or a Legal Practitioner.
Complete all sections of the Statutory Declaration provided and ‘Take and Declare’ in the presence of a Justice of the Peace, a Commissioner of Declarations or a Legal Practitioner.
Sign the Signature Block provided for inclusion on your General Induction Card.
Return all the completed documentation to APEX Training at PO Box 301, Sanctuary Cove, Queensland, 4212.
The Statutory Declaration and the Checklist are downloadable from the link "Statutory Declaration Download" provided below.
click here to access the Statutory Declaration download page
The Statutory Declaration is prepared in accordance with Part 4 of the Oaths Act 1867
If you have any questions about this, please contact us via email:
[email protected]
Frequently Asked Questions about Online Coures
How do I contact my trainer if I have a problem or any questions during my course?
Simply send us an email, there is a link to your APEX Trainer available in the right hand corner of each course presentation. If you are still having problems, you can call us on the phone, send a fax or even write to us. All of our contact information is available on the contact page of this website.
I am not very computer literate is online training the way to go for me?
Obviously we cannot judge your computer abilities without talking to you and discussing your knowledge, however if you are on this site and visiting these FAQ,s then there is a pretty good chance you will have no problems with our courses.
Each of our courses is accessed from our learning management system which basically does everything for you, opens, runs and stores the course for future access or completion.
It will guide you through all stages of your course and we do provide downloadable written course content for you to review and to assist your studies.
We know that not everyone can study from just a computer alone so there is plenty of written material available to you throughout your course.
In fact the best way we know to complete a course and get the most from it is to use both the paper resources and the computer content.
Of course some short courses we offer such as General Site Safety and the Owner Builder Course can easily be completed just on the computer, but we even provide heaps of resources for these short courses.
Are the courses nationally recognised?
All of the courses available from APEX Training are either nationally accredited (recognised) under the Australian Quality Training Framework (AQTF) or are recognised by the relevant authority.
For example our owner builder courses are nationally accredited under the AQTF and successfully completing them will result in the issue of a Statement of Attainment however each of the States and Territories have their own specific requirements in respect to owner builder training.
Queensland is controlled by the Building Services Authority, New South Wales by the Office of Fair Trading and Victoria by the Building Practitioners Board.
Some of the states require the completion of a recognised course whilst in some states it is only advisory.
I have never done a computer based course before, is it an effective learning method?
We think so, the basis of our course content is that when we produce any learning material, it must be interactive and fun to use.
When using a computer as a learning tool, you should be doing much more than just reading material from a screen.
In a good course you will interact with the content using ‘multi sense learning’ methods to reinforce what is being taught.
It comes back to the old three step method where a good instructor will explain, demonstrate then allow opportunity for the student to practice the skills or knowledge.
We write each of our courses with this in mind so that it is as effective as being in class with one of our trainers or facilitators.
Also, we encourage each of our students to take part in the podcasts and webinars we run at regular intervals as a ‘virtual classroom’, ask you trainer about schedules.
What do my course fees cover?
Your course fees cover everything you will need to get you through the entire short course or qualification.
You will receive links to access your course, download ebooks, learner guides, workbooks and manuals along with any other resources that are required.
Some courses have forums, webinars and podcasts that we host to allow the students the opportunity to interact with each other and with APEX staff.
If any of these are applicable to your course then your fees include access to the appropriate forums and web based lessons.
Do you have a payment plan?
Not as such, for all short courses, you must pay the full course fee upfront before accessing the course materials.
For Certificate level qualifications where you will be required to complete multiple units of competency, you do have the option of paying for each of the units as you go.
This is slightly more expensive but does allow you to spread the cost of the course over a few months and you only pay for what you are studying at the time.
Check with APEX staff to discuss payment methods.
We do offer discounts for multiple course purchases and for students who have previously completed an APEX course online.
How do I pay for my course online?
Our secure eShop allows you to pay for your course using a PayPal account or with a most credit cards.
Unfortunately we do not accept payment using American Express or Diners Club.
You can use PayPal whether you have a PayPal account or not.
You talk about Podcasts, what are they?
A podcast is similar to a radio talk back show but with only an invited audience.
During our Podcasts, we will cover topics that are relevant to the courses we are running online.
They can take many forms from a discussion hosted by an APEX Trainer to an interview with an industry or recognised expert in a particular field.
Generally our podcasts will be around 30 to 45 minutes long covering a specific topic or range of subjects and will be followed by a chat session to allow questions and answers between our students and staff.
How long do I have to complete my course?
The time you have to complete the course varies with the course you are doing.
As a general rule, a short course must be completed in one to two months from first accessing the course.
A Certificate I course must be completed in 6 months, a Certificate II course in 12 months and a
Certificate III course in 18 months.
We do this for two reasons, firstly to make sure we can offer you the best service, we need to limit the
number of students accessing the hosted learning system at any one time.
Secondly, from our experience, if you do not put a time limit on a course, human nature takes over and people tend to put off their studies and often do not complete the course they have paid for, or take so long, the early units studied are forgotten or become superseded.
Do I need anything special on my computer like specific programs or special graphics cards to view the courses?
See question below.
Do I need any special programs or hardware to view the courses?
Normally no, if you can access the web then all of our courses are designed to run on most browsers.
Very occasionally we have had minor problems with the setup or configuration of a student’s computer, when this happens we are generally able to talk you through the issues over the phone and get you going.
If not we may need to raise a support ticket and get our technicians to contact you and help you set up your computer.
Very rare, but it could happen.
Why do I need to provide all this ID information?
As a Registered Training Organisation, we are required to satisfy certain requirements in respect to students completing our courses.
For example we are required to establish that the person who will be issued the qualification is the same person
who completed the course.
We also need a statement from you that the works completed are your own and that you have received no outside help other than from appropriate APEX staff.