Liability upon sale. Owner Builders

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  1. #1
    Novice Moneypitt2's Avatar
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    Default Liability upon sale. Owner Builders

    Any thoughts about liability for owner builders upon selling their home?

    An example would be self layer tiles cracking after sale.

    Or a leak in a flashing.

    As an owner builder how long are you liable for these item for?

  2. #2
    Jon
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    Default Liability upon sale. Owner Builders

    We did a very large Stracto awning in NSW and needed owner builder.
    From memory, if we sell within 7 years we need to disclose it was done via an owner builder permit.

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    From memory if you sell within the warranty period you have to provide Home Warranty Insururance, that also means when you built, you should have made all the subcontractors supply Home Warranty Insurance for their parts of the construction.
    inter

  4. #4
    Je pense, donc METRIX's Avatar
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    Quote Originally Posted by Moneypitt2 View Post
    Any thoughts about liability for owner builders upon selling their home?

    An example would be self layer tiles cracking after sale.

    Or a leak in a flashing.

    As an owner builder how long are you liable for these item for?
    Read below as things have changed in NSW from 2015 for Owner Builders in NSW.


    Owner Builder Warranty Is No Longer Available in NSW

    Insurance under the Home Building Compensation Fund is no longer available for owner-builder work done by an owner-builder.
    Owner-builders who sell properties built under owner-builder permits are no longer required to provide insurance to the subsequent purchaser.

    The cover is no longer mandated under the Home Building Act 1989. The Home Building Compensation Fund (HBCF) ceased issuing cover from 15 January 2015 to owner-builders who sell their properties.
    There is also no longer a requirement on owner-builders to attach certificate of insurance to contract for sale for intending purchasers of owner-builder work.

    Should an owner-builder or a successor in title to that person decide to sell their home within 7 years and 6 months after an owner-builder permit was issued, the contract for sale must include a note (a consumer warning) stating that: an owner-builder permit was issued in relation to the land on the date it was issued.
    If the consumer warning is not included in the contract of sale, the purchaser can void the sale contract before settlement.

    Warning! – As an owner-builder you are guaranteeing the work you undertake. The next immediate owner of the property is entitled to the benefit of the statutory warranties set out in the Home Building Act 1989, and can take you, the owner builder, to the Tribunal to enforce their statutory warranty rights.
    This may result in a money order against you.

    Each licensed contractor (builder, tradesperson or project manager) who contracts directly with an owner-builder to undertake residential building work must provide insurance under the Home Building Compensation Fund (HBCF) when the total contract sum exceeds $20,000 (including material supplied by the contractor).

    The certificate of insurance should be provided to the owner-builder by the licensed contractor before taking any money on the contract and before starting any work.

    The statutory warranty for owner-builder works continues. Information in relation to statutory warranty can be obtained at Fair Trading’s website www.fairtrading.nsw.gov.au
    Further information on the amendments to the Home Building Act impacting on owner-builders is available on the website of NSW Fair Trading which administers the legislation and owner-builder obligations.
    Mieux vaut prévenir que guérir

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