Before buying or selling an owner-built property in Queensland, it is best that you obtain sound legal advice. Consult with a conveyancer in Cairns to ensure that you are well informed before you sign or enter into a legally binding contract.
To complete work as an owner builder on a property, you must submit an application to the Queensland Building and Construction Commission (QBCC). This also applies to any owner built renovations, alterations or other additions too. The QBCC will then lodge notification on the Title to the property at the Titles office, registered as an Administrative Advice, which will remain on the Title for 7 years after the owner builder permit is issued.
If you are considering buying a property with Administrative Advice lodged by the QBCC within six years of owner-builder work being completed, the owner or Seller must provide you with a “notice of owner-builder work” before signing or entering into a Contract of Sale.
Notice of owner-builder work
The notice of owner-builder work given to you by the seller must include the following:
- details of the owner building work done under the permit
- the name of the permit holder who carried out the work
- a statement confirming the work was done under an owner builder permit
- the following notice: “Warning – The building work to which this notice relates is not covered by insurance under the Queensland Building and Construction Commission Act 1991”
Two copies of this notice of owner-builder work must be furnished by the owner/seller, who must also sign one copy and give it back to you on or before signing the Contract of Sale.
Re-selling the property
Should you choose to re-sell the property within six years of the owner builder work being completed, you must provide the potential buyers the same “notice of owner-builder work” before having them sign the Contract of Sale. If the six year duration has lapsed, you can remove it by submitting a written request to the QBCC with a current Title search no older than 30 days.
Finding a qualified conveyancer in Cairns
If you are in need of help in conveyancing in Cairns, get in touch with Marino Lawyers today. Call our team at (07) 4081 6700 and meet with us to discuss how we can best help you out.