Yes, but this will depend on the state you are in and the total cost of the work. Please check the relevant Owner Builder Legislation in your state.
QLD
Applicable Building Legislation
• Queensland Building Services Authority Act 1991 (As amended 01.10.99)
• Building Code of Australia 1996
Owner Builder Requirements Summary
• A person or entity who owns land is able to undertake the construction, management or supervision of the works as an owner builder as-of-right, providing you have not undertaken other owner builder work within the last 6 years.
• You are required to obtain an Owner Builder Permit from the Building Services Authority for all woks valued at over $6600
• Owners Builders should check with their local ATO office regarding their requirements in relation to G.S.T. provisions and Pay As You Go (PAYG) withholding tax requirements.
• Owner builders must undertake an education course through an accredited provider if the proposed works exceeds $11,000 in value.
• There are currently no restrictions on the number of projects (dwellings) that an owner can sell, subject to including the prescribed warning on the contract of sale.
• Owner Builders are responsible for complying with all other relevant legislation, including Workers Compensation and Occupational Health & Safety.
• Contractors who are engaged by an owner builder, are required to be licensed where their work exceeds $1000 in value.
• A Portable Long Service Levy exemption is required prior to lodging the application with your local council.
• Visit: http://www.bsa.qld.gov.au
NSW
Applicable Building Legislation
• Home Building Act 1989 (As amended) commencement date (01.07.97)
• Home Building Regulation 1997 (Inception date 29.08.97)
• Environmental Planning & Assessment Act 1979
• Environmental Planning & Assessment (Amendment) 1997
• Local Government Act 1993 Amended 1997
• Building Code of Australia 1996
'Owner Builder' Requirements Summary
• A person or entity who owns (or shares ownership, or has a leasehold interest exceeding 3 years in the) land is able to undertake the construction, management or supervision of the works as an "owner builder" as-of-right, providing you are over 18 years old, intend to live in the home, and have not undertaken other "owner builder" works within the last 5 years (except in special circumstances).
• An applicant for an "Owner builder" permit must have completed an approved "Owner builder" education course or training if the market value of the project exceeds $13,000
• "Owner builders" are required to obtain an Owner Builder Permit from the Office of Fair Trading ($132 fee), if the works exceed $5000 in value and require a Building Approval from the Council.
• "Owners builders" should check with their local ATO office regarding their requirements in relation to G.S.T. provisions and Pay As You Go (PAYG) withholding tax requirements.
• "Owners builders" are responsible for complying with all other relevant legislation, including Workers Compensation and Occupational Health & Safety.
• All contractors who are engaged by an owner builder, are required to be licensed where their work exceeds $200 in value.
• Licensed contractors engaged by "Owners builders" must use written building contracts that comply with the legislation if their work costs more that $1000 and supply home warranty insurance to the owner builder, prior to commencement of work, so that the owner builder (as a consumer) is protected against non-completion or defective workmanship by the contractor where value of the contracted works exceed $13,000.
• Contracts that are required by the Home Building Act can be obtained from the Office of Fair Trading. Visit www.fairtrading.nsw.gov.au for more details
VIC
Applicable Building Legislation
• Building Act 1993 (Inception date 01.07.94)
• Building Amendment Act (2004)
» 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
» Owner Builders may only obtain building permit for a single dwelling and associated work on a single property in any three-year period
» Co owners of the land are also unable to build in any three-year period
• Building Regulations 1994 (Inception date 01.07.94)
• Domestic Building Contracts Act 1995 (Inception date 05.12.95)
• Building Code of Australia 1996
Associated/Subordinate Information
• Ministerial Order S82 dated Monday 20 May 2002 covering domestic building insurance (supersedes S122)
Owner Builder Requirements Summary
• Owners Builders should check with their local ATO office regarding their requirements in relation to G.S.T. provisions and Pay As You Go (PAYG) withholding tax requirements.
• Owner builders are responsible for complying with all other relevant legislation, including Workers Compensation, Occupational Health & Safety & Domestic Building Contracts Act.
• Need to obtain a Certificate of Consent from the Building practitioners Board in order to obtain a building permit to carry out domestic building work where the cost is more than $12,000
• Can only obtain a Certificate of Consent if they have not been issued with a building permit to carry out work as an owner-builder in the previous three years. The exception to this is where the permit was in relation to, or ancillary to the dwelling on the same land that the application refers to
• Must reside and continue to reside, or intend to reside in the single home
• Must be the owner (Registered Proprietor on Title)
• Visit: http://www.buildingcommission.com.au
SA
Applicable Building Legislation
• Building Work Contractors Act 1995 (Inception date 01.06.96)
• Building Work Contractors Regulations 1996 (As amended)
• Building Code of Australia 1996
Owner Builder Requirements Summary
• A person or entity who owns land is able to undertake the construction, management or supervision of the works as an owner builder as-of-right.
• There is no requirement to be licenced as an owner builder with any State Government body.
• Owners Builders should check with their local ATO office regarding their requirements in relation to G.S.T. provisions and Pay As You Go (PAYG) withholding tax requirements.
• Owner builders are responsible for complying with all other relevant legislation, including Workers Compensation and Occupational Health & Safety. The project owner is also required to pay the Construction Industry Training Levy and forward a copy to the relevant authority.
• Contractors who are engaged by an owner builder, are required to be licenced, and where their work exceeds $5000, must use domestic contracts that comply with the legislation & supply warranty insurance to the owner builder, prior to commencement of work, so that the owner builder (as a consumer) is protected against non-completion or defective workmanship by the contractor.
• Visit: http://www.ocba.sa.gov.au
WA
Applicable Building Legislation
• Building Registration Act 1939
• Home Building Contracts Act 1991
• Home Building Contracts (Amendment), Act 1996 (Inception date 01.02.97)
• Building Code of Australia 1996
Owner Builder Requirements Summary
• An individual who owns land is able to undertake the construction, management or supervision of the works as an owner builder. An individual may construct for themselves, once within a 6 year period, a dwelling house or a 'building' comprising two dwellings on ground level, including additions. Certain other building works may be constructed but this requires the submission of a written application and approval of the board, prior to applying for a building licence.
• Owner builders are required to obtain a licence for works exceeding $12,000, from the Builders Registration Board, complete and sign a owner builder statutory declaration (Fee pending of $100), providing the building is not sold with 3 years of the licence issue date, and that no other owner builder licence has been obtained within the preceding 6 years.
• Owners Builders should check with their local ATO office regarding their requirements in relation to G.S.T. provisions and Pay As You Go (PAYG) withholding tax requirements.
• There are restrictions on the number of projects (dwellings) that an owner can sell (one in any six year period but not within 3 years of licence issue) subject to providing warranty insurance for the benefit of the purchaser if within 7 years from the licence issue date.
• Owner builders are responsible for complying with all other relevant legislation, including Workers Compensation and Occupational Health & Safety. However, the Home Building Contracts Act applies statewide and imposes obligations on builders and contractors carrying out home building work of a value between $6000 and $200,000, directly for a home owner including Home Indemnity Insurance provisions.
• Contractors who are engaged by an owner builder, are not required to be registered (with the Builders Registration Board) regardless of the value of their work.
• Adequate insurance to cover construction and public liability should be considered and all home building works more than $12,000 must be covered by Home Indemnity insurance if one wishes to sell the property within 7 years.
• To obtain more information, visit www.brb.org.au
TAS
Applicable Building Legislation
• Building Act 2000 (commenced 1st July 2004)
• Building Regulations 2004 (commenced 1st July 2004)
• Plumbing Regulations 2004 (commenced 1st July 2004)
• Building Code of Australia (BCA 2005 is applicable from May 2005)
• Tasmanian Plumbing Code 1994
Owner Builder Requirements Summary
• There are restrictions under the legislation on the number of owner builder constructed buildings one person can build. It is two in 10 years. There are no compulsory courses and owner builders do not need to be accredited as building practitioners. They must, however, sign an Owner Builder Declaration after reading the Owner Builder Guidelines.
• An owner-builder is defined in section 3 of the Building Act 2000. "owner builder" means a person who:
(a) carries out building work on a building on land owned by the person; and
(b) is not carrying on the 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 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.
• There are legal requirements for insurance (Housing Indemnity Insurance) prior to sale with a strong recommendation for Public Liability and workers compensation warranties.
• Owner Builders are also responsible for complying with all other relevant legislation including Occupational Health and Safety and Australian Tax Office.
• Additional information can be obtained Additional information can be obtained from:
» The Building Standards and Regulation website: www.wst.tas.gov.au/building
» The Owner-Builder Guidelines: http://www.wst.tas.gov.au/resource/bsrownerbuil.htm
» Workplace Standards Tasmania Helpline 1300 366 322 (or outside Tasmania, (03) 6233 7657)
ACT
Applicable Building Legislation
• Building Act 1972
• Building Regulations (As amended)
• Building Code of Australia 2006
Owner Builder Requirements Summary
• Only an individual can apply for an owner-builder licence. You must own the land to be developed. Where there is more than one owner, all owners must consent to the application. It is recommended that the owner with the most appropriate skills to carry out the proposed work should be put forward as the primary applicant.
• To be eligible for an owner-builder licence, you must not have been granted an owner-builder licence in relation to other land in the previous five years. There is no restriction on the number of owner-builder licences for work on the same site.
• If you apply for an owner-builder licence to build or renovate your home, completion of an owner-builder course will be required, unless you are the holder of a builder licence (class A, B, C or interstate equivalent)
• If you apply to build Building Code of Australia Class 10 structures, such as decks, pergolas, carports, garages and retaining walls, you will not need to complete an owner-builder course, but will need to provide evidence of your skills and experience. Completion of an owner-builder course is also acceptable
• Owners Builders should check with their local ATO office regarding their requirements in relation to G.S.T. provisions and Pay As You Go (PAYG) withholding tax requirements.
• There are currently no restrictions on the number of projects (dwellings) that an owner can sell (subject to limits on what can be built) and the owner builder does not have to provide any warranty or insurance to the purchaser.
• Owner builders are responsible for complying with all other relevant legislation, including Workers Compensation and Occupational Health & Safety.
• Contractors who are engaged by an Owner Builder, are not required to be licensed, use complying contracts or provide warranty insurance to cover their works.
NT
Applicable Building Legislation
• Northern Territory Building Act 1993
• Northern Territory Building Regulations 1993 (As amended)
• Building Code of Australia 2006
Owner Builder Requirements Summary
• An owner builder is restricted to building or extending a house and associated building work (prescribed building work) on the one parcel of land in any six year period. These building works may include more than one building and involve more than one building permit
• An owner-builder certificate must be obtained from the Northern Territory Building Practitioners Board if intending to carry out prescribed building work valued over $12,000
• The Owner-Builder Certificate must be provided to a registered Building Certifier in order to obtain a Building Permit prior to commencing prescribed building work
• Owners Builders should check with their local ATO office regarding their requirements in relation to G.S.T. provisions and Pay As You Go (PAYG) withholding tax requirements.
• Owner builders are responsible for complying with all other relevant legislation, including Workers Compensation and Occupational Health & Safety, and have all the responsibilities of a builder.
• Contractors who are engaged by an Owner Builder, are not required to be licensed, use complying contracts or provide warranty insurance to cover their works.
• Owner Builders must obtain an Owner-Builder Home Building Certification Fund policy of insurance prior to commencing prescribed building work, protecting any future owners of the property against financial loss for a period of 10 years from date of completion of building, should the owner builder fail to rectify non-compliant building work to the standards required by the Building Regulations