Should Victoria Abolish Owner Builder Laws?
Should Victoria Abolish Owner-Builder Laws?
It may be time to ask a question that few are prepared to ask.
Why do owner-builders exist at all?
Victoria requires registered builders to undergo training, demonstrate experience, maintain registration, comply with continuing obligations and take out insurance. Yet an owner-builder can, after completing some limited requirements, take responsibility for supervising or carrying out major domestic building work on their own home.
They become responsible for ensuring the work complies with the Building Act, building regulations and applicable standards.
But how can someone with little or no practical construction experience adequately supervise complex building work?
Building a home is not simply coordinating trades. It involves sequencing works, quality control, identifying defects before they become expensive failures, understanding engineering requirements, waterproofing, structural integrity and compliance with the BCA / NCC.
When things go wrong, it is not just the homeowner but future purchasers who bear the consequences.
As a lawyer acting in building disputes, I regularly see defective work, incomplete documentation and costly litigation arising from projects where proper supervision was lacking. License lending is one issue and the other is owner-builder projects.
If the law is designed to rectonise that building work should be performed and supervised by experienced registered professionals, why is there an exception allowing people with no industry experience to assume that role?
Perhaps the better approach would be to require registered builders to supervise all significant domestic building work, while still allowing owners to undertake limited work themselves where appropriate.
Consumer protection should depend on experience, competence and accountability.
Is the owner builder system still fit for purpose, or is it time for Victoria to rethink it?
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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