Changes to Form 34 - Owner Builder requirements (Tas)

The Director of Building Control has made changes to Form 34 Owner Builder Declaration. The changes come into force from 13 January 2009 .  From HIA’s perspective, the new form includes amendments that may better regulate illegitimate owner builder activity. However there are still several matters not addressed that would restrict non genuine owner builders.

Form Amendments  

The following statement has been incorporated to the introduction:

WARNING: it is an offence for a non-accredited person to manage building work for an owner builder.  Owner builder work may be subject to audit by the director of building control.

The Owner Builder now has to agree that:

• They are aware that they are the accountable person and responsible officer for the purposes of the Workplace Health and Safety Act and Regulations;
• They are aware that they are responsible for the quality of work and may be liable to subsequent owners for that work;
• It is an offence for a non-accredited person to manage building work on behalf of an owner builder.  

A Building Surveyor now has to agree to:

• Provide a signature and Building Surveyor CC number on the form to validate the estimated cost of the building work and the BCA classification of the work.

Despite these amendments, HIA believes that Form 34 could be revised to restrict non genuine owner builders from building homes without being accredited. Some amendments that still need to be considered include:  

• Owner builders should be required to undertake a course of training and most importantly assessment similar to that in the ACT and NSW;
• Owner builders should not have access to the consumer building Alternate Dispute Resolution process to resolve disputes with suppliers and contractors;
• Owner builders should be required to have Public Liability Insurance;
• Only natural persons should be permitted to be owner builders, not corporations.  This would be consistent with accreditation, which is only available to natural persons;
• Owner builders should not be permitted to perform building work, other than domestic building work, as is the position in most other States and Territories.
• Large scale commercial Owner Builder activity should not be allowed.

Owner Builder activities in Tasmania is disproportionate high, therefore HIA continue to pursue these matters throughout 2009 to determine the need for further reforms to bring Tasmania into line with other States and Territories.

To review the changes to Form 34 – Owner Builder Declaration go to the Dept of Justice website : http://www.wst.tas.gov.au/__data/assets/pdf_file/0007/87532/Form_34.pdf

For further information HIA members can contact HIA’s Building Services staff on 1300 650 620 or hia_technical@hia.com.au.

If you would like to become a HIA member, contact 1300 650 620 or enquiry@hia.com.au.

Ref No. TAS LEG 09-01

The above is intended to provide general information in summary form. The contents do not constitute specific advice and should not be relied upon as such. Formal specific advice should be sought by members with respect to particular matters before taking action.  ABN 99 004 631 752