Compliance Checklist

Interactive checklists for practitioners acting for vendors and purchasers in owner-builder matters

Progress0 of 29 items completed

Initial Investigation

Ask vendor specifically about all building works carried out in the last 7 years

Ask whether a registered builder was engaged under a major domestic building contract for all works

Identify any works carried out by the vendor personally or managed by the vendor

Search council building permit records for the property

Search VBA public register of Certificates of Consent

Assess Obligations

Determine whether any works constitute owner-builder works

Calculate the prescribed period for each set of owner-builder works

Confirm whether the prescribed period has expired (no obligations if expired)

Assess the total cost of owner-builder works (materials + labour)

Determine whether the $16,000 threshold for insurance is met

Defects Inspection Report

Advise vendor to commission a defects inspection report from a prescribed building practitioner

Confirm the report covers all owner-builder work on the property

Confirm the report is prepared by a registered building surveyor, inspector, or endorsed building engineer

Confirm the report is no more than 6 months old at the time of exchange

If property on market for extended period, monitor report currency and obtain fresh report if needed

Domestic Building Insurance

If works exceed $16,000 — advise vendor to obtain Domestic Building Insurance

Confirm insurance is obtained from an approved insurer

Confirm insurance certificate is obtained before the contract is entered into

Confirm insurance covers both structural (6 years) and non-structural (2 years) defects

Confirm maximum coverage of $300,000

Section 32 Vendor Statement

Include defects inspection report in Section 32

Include DBI certificate in Section 32 (if applicable)

Confirm report is current (≤6 months) at exchange date

Confirm s137C warranties are not excluded or limited in the contract

Confirm all owner-builder works are disclosed

Post-Exchange Monitoring

Monitor report currency between exchange and settlement

If report expires before settlement, obtain fresh report and provide to purchaser

Confirm insurance remains current through to settlement

Advise vendor of s137C implied warranties that will apply after settlement

Quick Summary

Defects report required for all owner-builder works within prescribed period

Report must be ≤6 months old at exchange

DBI required if works exceed $16,000

Both documents must be in Section 32 before exchange

Non-compliance = voidable contract at purchaser's option until settlement

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Disclaimer

This checklist is a guide only and does not constitute legal advice. Practitioners should exercise their own professional judgment in each matter. The law may change — always refer to the current legislation.