As an owner builder in South Australia you do not have to provide any certificates or attend any courses.
Development Approval – There are two separate ‘provisional’ consents that make up a Development Approval. These are Development Plan consent and Building Rules consent.
An application for Development Approval will require:
• Application form and fees
• Plans and details
• Technical plans and footings and structures
• Technical Specifications
• Certificate of Title for the property
Development Plan is granted by your local council and is assessed on zoning, policies and controls of the relevant Development Plan area.
Building Rules consent is assessed against the provisions of the Building Rules. This is an addition of the BCA with variations and additions regarding specific information to SA. A Private certifier has the ability to grant a Building Rules consent in a few cases.
Once the Development Approval is issued, building work can commence. If for some reason it looks as though there will be a possibility that the Development Plan consent may not be granted, the application may be lodged in stages as an alternate to lodging the provisional consents as part of the Development Approval.
Restrictions may be implemented under the Environment Protection Act 1993 these include:
• Hours that work can be carried out
• The location and use of noisy equipment
• Measures to reduce soil erosion
• The Removal of construction wastes from sites
Your local council may also impose laws relating to noise levels, on site burning, removal of refuse and use of council footpaths. Your local council will also require a submitted signed Statement of Compliance within 10 days of completion, and this must be signed by a registered building work supervisor or a private certifier. As an owner builder and you decide to sell the building you are responsible for the building work and legal action can be taken against you for a period of up to 10 years from the date of completion. The Statement of Compliance established the start date of the ten year period.
Below is a list of additional constraints:
Timeframe – If you are an owner builder you have 12 months from the date of the Development approval to start building work, and majority of all building works must be completed within 3 years. You can sometimes apply for an extension however this is granted on a case by case scenario.
Licenses – A Building Work Contractors licence must be valid for all person/s who is conducting work on the site for others. This also must comply with the work that they are performing. You are perfectly within your right to ask to see their license or you may like to check with the Office of Consumer and Business Affairs.
Insurance – Third party property damage and injury to the general public should be taken out under the Public liability insurance. Licensed builder contractors must hold life insurance for all domestic building work contracts worth $12,000 or more. This enables cover for non-completion of the work if the contractors passes away, disappears or is declared bankrupt. It is also advisable to be covered for Worker-to Worker injury. This type of cover is if a contractor was to injure another sub contractor on your site.
Levy – A levy total of 0.25% value of the building work must be paid by the project owner to the Construction Industry Training Levy before the Building Rules consent can be issued.
Contracts – A signed contract must be made for all domestic building works costing $12,000 or more. This contract must show the roles and responsibilities, method and timing of payments, completion dates, and the extent of damages that can be claimed. The Master Builders Association and the Housing Industry Association will be able to provide you with a standard contract.
Useful Resources:
Office of Consumer and Business Affairs – 08 8204 9644- www.ocba.sa.gov.au
Workcover SA – 13 18 55- www.workcover.com
Environment Protection Authority – 08 8204 2000- www.epa.sa.gov.au
Home Owners Warranty Insurance – 1300 600 601- www.hiainsurance.com.au
