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If you have Owner Built your home or completed a Substantial Renovation and sub-contracted out the work to Licensed Tradesmen and you decide to sell your home within six (6) years of completion or date of final occupation, you are required to attach to the Contract for Sale a copy of the Home Warranty Insurance (HWI) policy and a copy of an Owner Builder Permit where the market value of the building works (including labour and materials) was more than:

  • $12,000 prior to 1 February 2012
  • $20,000 after 1 February 2012

In the event that you have not taken out a HWI policy prior to or during the course of the building works then you will be required to obtain same before you can sell your property, otherwise the purchaser can void the sale Contract before settlement.  The benefit of the HWI passes with the house/building works for the period of six (6) years to each successive owner during that period.

The Contract for Sale must include a Special Condition stating:

(a)    An Owner Builder Permit was issued

(b)   The HWI Certificate is attached to the Contract

An Owner Builder Permit can be obtained by lodging an application form with the Department of Fair Trading.

If you have not obtained a Final Occupation Certificate from the local council when the works were completed, then you would be well advised to arrange same prior to listing, as an interested Purchaser may not proceed with a Contract unless you agree to provide the certificate.

Should you wish to make further enquiries in relation to the sale of your home, please contact our office on 07 5536 9777 or email or use our online enquiry form.

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Jeff Garrett

Jeff Garrett

  • Legal Practice Director
  • Direct line: 07 5506 8201
  • Mobile: 0419 304 174