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14Disputes & Termination

Owner-Builder Risks

Owner-building can save money on paper, but the risk profile is very different in practice. As an owner-builder, protections that come with a licensed builder may not apply. South…

Owner-Builder Risks

Owner-building can save money on paper, but the risk profile is very different in practice. As an owner-builder, protections that come with a licensed builder may not apply. South Australian law may also require you to obtain a permit or exemption before undertaking building work above certain thresholds.

No licensed builder’s warranty

When you build yourself, you do not have a licensed builder standing behind the work with statutory warranties in the usual way.

Insurance cover changes

Building Indemnity Insurance is directed at work carried out by licensed builders. An owner-builder generally does not have the same last-resort cover.

You carry the liability

If a subcontractor is injured on your site, or work is defective, responsibility can sit with you.

Selling later can be affected

Owner-builder obligations, disclosure and warranty positions can affect a future sale within certain periods.

The savings can be illusory

Coordinating trades, approvals, insurance and compliance is substantial work, and mistakes can be costly.

Questions to ask before signing

What warranties and insurance apply if I owner-build? Who is liable for site safety and defective work? What are my obligations if I sell? Is the saving worth the risk?

The key lesson

Owner-building shifts significant legal and financial risk onto you. Understand what protections you give up before you take it on.

Before You Sign

This guide provides general educational information for South Australian homeowners. It is not personalised legal advice. The effect of any issue depends on the wording of your own contract, schedules, Special Conditions, plans, specifications and the facts of the project. A good builder and a well-understood contract should work together. Before committing to one of the largest financial transactions you may ever undertake, consider having the actual contract reviewed so you understand the obligations, notice requirements and consequences before they are tested on site.

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