Before 1 July 2026, an owner-builder selling a home had to be covered by the required domestic building insurance before sale and give the purchaser (prior to sale) a certificate of that insurance (former section 137B(2)(b) of the Building Act 1993 (Vic) (Building Act)). That insurance could only be claimed on if the owner-builder died, disappeared or became insolvent.
From 1 July 2026, section 137B(2)(b) requires the vendor to have complied with the requirements of the statutory insurance scheme (SIS)¹. The SIS is a scheme of first resort, meaning it doesn’t require the owner-builder to be dead, missing or insolvent before making a claim.
Great news for purchasers, right? Not necessarily, as the SIS is only required for a more limited range of owner-builder work when compared to the old regime.
Great news for vendors then? Again, no. The legislation solves some problems with the previous section 137B but owner-builder requirements still need to be carefully navigated prior to selling a property.
A section 32 that gets the owner-builder position wrong lets the purchaser avoid the contract at any time before settlement (section 137B(3)). The vendor also commits an offence (section 137B(2)). The LPLC sees many claims each year where the vendor’s solicitor did not properly advise their client about what an owner-builder vendor needs to include in the vendor statement, and these claims have been increasing as the property market has softened.
Legislative references in this article are to the Building Act, unless otherwise specified.