The law says that before the purchaser signs the contract of sale you must provide them with a notice which contains:
- details of the building work performed
- the name of the person (owner builder permit holder) who performed the work
- a statement confirming the work was performed under an owner builder permit
- the words — "Warning — the building work to which this notice relates is not covered by insurance under the Queensland Building and Construction Commission Act 1991".
You must give the prospective buyer two copies of this notice. They must sign one copy and return it to you (the vendor) on or before signing the contract of sale.
If you don't provide this notice to the prospective buyer the law assumes you have given a warranty that the building work was properly carried out and you may be liable for any building faults in future. We suggest you obtain legal advice if selling an owner-built home.
How to remove an owner builder notification from your property title
The owner builder administrative advice must remain on your title for 7 years.
In accordance with the Queensland Land Title Practice Manual, Titles Queensland will remove the owner builder administrative advice after the 7 years when another dealing is being registered.
Once the 7 year period has expired, if you require the owner builder administrative advice to be removed without the need for another dealing to be registered, then the registered owner (or their representative) can prepare and lodge a Form 14 General Request to remove the owner builder administrative advice, noting that there is an administrative fee for this request.
Please contact Titles Queensland for more information.
