Owner Builder Authorities

As an owner builder, there are a number of different Building-related Authorities that have jurisdiction over the residential building work to be carried out by or on behalf of owner builders in NSW.

The most common Authorities that you will need to interact with as an owner builder are listed below:

Local Council - where your proposed development requires prior approval, your Local Council is the Authority that must first approve your proposed development.

The following proposed building activities will most likely require prior approval from your Local Council:

Erection of a new building or structure
Erection of outbuildings, swimming pools, retaining walls etc.
Demolishing a building
Demolishing, damaging or altering a building or place that is a heritage item
Changing the use of a building or premises to another use
Carrying out earthworks, excavation, or filling of land

Your Local Council may also impose special conditions on your Development Approval, include having a Traffic Management Plan in place and restrictions on working times. Usually, the Private Certifier will ensure that the owner builder has complied with such conditions before issuing a Construction Certificate and allowing the owner builder to commence his or her project.

NSW Fair Trading - In summary, this Authority safeguards consumer rights and advises business and traders on fair and ethical practice. In addition to issuing you with your Owner Builder Permit, NSW Fair Trading also enforces the provisions of the Home Building Act 1989 (NSW), including builder and trade licensing, home warranty insurance, building contracts and maximum deposits. Note that there are certain types of building works excluded from the defintion of 'residential building work' under the Act, such as a house designed for commercial use as a tourist, holiday or overnight accommodation, and such may not come under the jurisdiction of NSW Fair Trading. For more information, visit: www.fairtrading.nsw.gov.au

WorkCover NSW - This Authority's function is to assist the community in ensuring that workplaces are safe, as well as to enforce safety laws, including the Work Health and Safety Act 2011. Owner builders are able to contact WorkCover NSW to obtain a wide range of safety publications, including Codes of Practice. Furthermore, if there is a safety incident on site, owner builders may be required to contact WorkCover NSW to notify them of the incident. For more information, visit: www.workcover.nsw.gov.au

Household Services - depending on the household service that is required, there are different authorities / organisations that owner builders may need to interact with. Household services may include Water Supply, Sewer Drainage, Electricity Supply, Gas Supply, and Telephone Connection.

NSW Civil and Administrative (NCAT) - NCAT is a tribunal that has been established to resolve 'consumer' disputes, including disputes in the home building industry. In the unfortunate event that a dispute arises between an owner builder and a builder/contractor, NCAT is where an owner builder can file an application for certain action to be taken. NCAT has the jurisdiction to resolves home building disputes up to a value of $500,000, and this process can be much quicker and less costly than having the same dispute heard in a court of law. For more information, visit: www.ncat.nsw.gov.au