It is the responsibility of the owner builder to build in accordance
with the approved documents. If it is necessary to change the
design, the owner builder must consult with the certiﬁer to ascertain
if amended documents are required before any change is made to
Carrying out building work not included
in your permit
You must ensure all work being performed under your Owner Builder
permit is identiﬁed in your permit documentation. If the work being
performed is not included in your permit, you may be in breach of
Section 42 of the Queensland Building and Construction Commission
Act 1991, which may result in prosecution, the issue of a penalty and an
order to stop work.
If necessary, you may amend the description of work on the existing
permit during construction, provided that work has not commenced.
Complete the, Application to Amend an Existing Owner Builder Permit
form, available from QBCC’s website at qbcc.qld.gov.au
WARNING – insurance protection is not available to owner builders
QBCC insurance protects consumers who have a contract with
an appropriately licensed contractor. This insurance cover assists
consumers in cases where:
• the contractor fails to complete the building work for reasons which
are not the consumers fault
• the contractor fails to rectify defective building work
• the building suers from the eects of subsidence or settlement.
As an owner builder you will be personally responsible for payment to
rectify any defects in the building work an individual contractor doesn’t
ﬁx or to complete any work left incomplete by an individual contractor.
If you are selling the property where you carried out building work
within six years after completion, Section 47 of the Queensland
Building and Construction Commission Act 1991 states you MUST,
before signing the contract of sale, provide the prospective purchaser
with a notice which contains:
• details of the building work carried out
• the name of the person (Owner Builder permit holder) who carried
out the work
• a statement conﬁrming the work was carried out under an Owner
Builder permit, and
• the following warning:
“Warning – the building work to which this notice relates is not
covered by insurance under the Queensland Building and Construction
Commission Act 1991”
This notice MUST be given in duplicate and the prospective purchaser
must sign one copy of the notice and return it to the vendor on or
before signing the contract of sale.
If this notice is not provided to the prospective purchaser the vendor
is deemed to have given the purchaser a contractual warranty (which
operates to the exclusion of any inconsistent provision of the contract
of sale) that the building work was properly carried out.
Any person carrying out building work under an Owner Builder permit
MUST display a sign in a prominent position on the building site. The
sign must provide detail of the Owner Builder permit number and must
have a surface area of at least 0.5m
Penalty for non-compliant signage: failure by an owner builder to erect
a sign complying with legislation could result in the QBCC initiating
prosecution action under Section 52 of the Queensland Building and
Construction Commission Act 1991.
(Maximum penalty – 20 penalty units)
Surrendering the permit
If you decide you do not want to carry out the work as an owner
builder but choose to enter into a contract with a licensed building
contractor to carry out the work, the permit MUST be surrendered
PRIOR to signing the contract with the builder. To surrender the permit,
you must give written notice to the QBCC and return the permit. You
will be required to provide evidence no work has been carried out
under the permit. An Application to Surrender an Owner Builder permit
form is available on QBCC’s website qbcc.qld.gov.au
You cannot obtain another permit within six years from the date
of issue of a previous permit unless the QBCC is satisﬁed there are
exceptional circumstances and has approved a six year exemption
request. To apply for exemption from the six year ruling, complete the
Application for Exemption from the Six-year Ruling form available from
QBCC’s website at qbcc.qld.gov.au
You cannot obtain another permit if you have had an Owner Builder
permit cancelled in the three years preceding the application.
You cannot obtain an Owner Builder permit if you are a banned
individual or if you are an enforcement debtor.
Payment disputes and owner building
Important information for owner builders about the Building
Industry Fairness (Security of Payment) Act 2017 (BIF Act)
The BIF Act provides a process of adjudication for the resolution of
payment disputes related to work carried out under a construction
contract or related goods and services. Adjudication is an alternative
to using the court system and is a faster, cheaper way to help
Beneﬁts include the provision of quick interim decisions on disputed
payments while encouraging communication between the parties
about disputed matters.
How does this affect me?
If you become involved with a dispute over money with a
contractor or supplier, they may lodge an adjudication application
to try to resolve the issue.
You should never ignore a payment claim
If you don’t agree with the payment claim because:
• you believe it’s invalid;
• you are making a partial payment; or
• you are disputing the payment claim.
You must respond with a payment schedule within 15 business days
(from receiving the payment claim) or earlier if provided for in the
Failing to pay in full by the due date or give a payment schedule is
an oence and QBCC may take disciplinary action. If the other party
chooses to go to adjudication to dispute the payment, you won’t have an
opportunity during the adjudication process to provide a response.
PERMIT APPLICATION FORM