Understanding Owner Builders Warranty in Victoria
Owner Builders Warranty Insurance Victoria
Understanding Owner Builders Warranty in Victoria
Home owner’s warranty, Domestic Building Insurance or its common name Builders Warranty is available in all mainland states.
Whether you are a homeowner who is using a Builder or an Owner Builder, it is mandatory for Builders or Owner Builders selling their home to obtain Warranty Insurance.
Builders Warranty in Victoria
Warranty must be obtained for any work that is to be done that exceeds $16,000. Furthermore, this insurance must provide coverage for damages up to $300,000 and cover a period of six years for structural defects. The warranty is good for two years on any non-structural defects.
Builders offering warranty insurance in Victoria must comply with all statutory warranties. These warranties function to ensure the work is carried out properly and complies with any contract plans and specifications. All materials have to be new unless otherwise stated in the contract, and they must be good and suitable for the intended purpose. The work must be done in accordance with all laws and within the time period established in the contract. Finally, the residence must be fit for human occupation when the work is complete and must live up to what was originally promised.
Home owners warranty
Builders warranty in Victoria is designed to protect the homeowner in a variety of situations. In the event the building contract is not completed, the insurance policy goes into effect. The same is true when the builder fails to correct any defects that arise during the statutory 6 year Warranty period.
Builders Warranty Insurance is available in the event the builder dies, disappears or is insolvent.
Owner Builders are required to provide Warranty Insurance for the benefit of a purchaser within 6 years of the final, also a Defect Inspection Report from an approved inspector, outlining whether there are defects, incomplete works or second hand materials have been used in the job. Once listed these items cannot be claimed against by the purchaser.
When selling their home, be aware that unless the Owner Builder Warranty Insurance Certificate is attached to the Contract of Sale, the purchaser under 137B of the Building Act is within his rights to ‘walk away’ from the contract.
Note well, the contract is voidable at any time prior to the settlement, if the policy has not been issued prior to signing the Contract of Sale. Make it easy on yourself and organise the warranty, because the last thing you want is for the purchaser to walk!
The Warranties are in effect for 6 years and are transferable in that period.
For more information on your rights and responsibilities, refer to www.buildsafe.com.au/news
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Got a Question about Owner Builder Home Warranty Insurance? We’ve got the Answer!
The Building Act 1993, requires owner builders who sell their property to obtain Owner Builder Warranty Insurance. The insurance is to cover the purchaser in the event of faulty workmanship. The period of warranty is for 6 years from the issuing of the certificate of occupancy or certificate of final completion. For example, if the property is sold 2 years after certificates were issued, warranty insurance would be required for the remaining 4 years. You will also be required to obtain a Defect Inspection Report, these are valid for 6 months.
Owner Builder Warranty Insurance only covers defects, NOT identified in the Inspection Report.
The purchaser and any subsequent purchaser of the home. not you the actual Owner Builder.
6 years from the Certificate of Occupancy and Certificate of Final Inspection. The maximum limit of insurance is $300.000.
If Owner Builder Warranty is not obtained and your property is sold you risk fines and penalties of up to $10,000. The prospective purchaser also has the right to pull out of the sale agreement without any penalties.
A defect inspection report is required under 137B of the Building Act.
The prospective purchaser has the option under 137B (3) of the Building Act 1993 to (void) walk away from the contract anytime up to the completion of the contract – YOU LOSE THE SALE.
The period of Insurance commences from these dates for a period of six (6) years.
You can contact the Council and ask for a Form 2.10. This will list all permits and approvals issued on your home for the past ten (10) years.
Owner Builder Warranty is only required where the cost of the works is over $16,000. Below this amount it is not a legislative requirement, but you will still need to provide a Defect Inspection Report. Even if the original works did not require a permit the $16,000 threshold still applies.
No. But you still require a defect inspection report.
Yes. As the builder you have the ultimate responsibility. This is the same conditions that a registered builder works under to repair the defects.
The policy is for the protection of the purchaser in the event of the owner builder becoming bankrupt, disappearing or passing away.