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Kukulka Consultants Pty Ltd.

Kukulka Consultants Pty Ltd have been in the building consulting industry since 1998: we are known for our expertise and excellence in service.

The Kukulka Consultants team provides a range of professional building surveying services, predominately in metropolitan Melbourne and also some country areas. We provide you with thorough building inspections, comprehensive reports and prompt service for properties in both residential and commercial areas.

Note: You may be required to provide certain statutory warranties and domestic building (warranty) insurance for the benefit of the purchasers (Refer - Section l37B of the Building Act 1993).

Download the 137B Owner Builder Report Fact Sheet

What works are classified as domestic building works?

The Domestic Building Contracts Act 1995, Section 5 (DBC Act) applies to the erection or construction of a home.

This Act applies to the following work—

  • (a) the erection or construction of a home, including—
    • (i) any associated work including, but not limited to, landscaping, paving and the erection or construction of any building or fixture associated with the home (such as retaining structures, driveways, fencing, garages, carports, workshops, swimming pools or spas); and
    • (ii) the provision of lighting, heating, ventilation, air conditioning, water supply, sewerage or drainage to the home or the property on which the home is, or is to be;
  • (b) the renovation, alteration, extension, improvement or repair of a home;
  • (c) any work such as landscaping, paving or the erection or construction of retaining structures, driveways, fencing, garages, workshops, swimming pools or spas that is to be carried out in conjunction with the renovation, alteration, extension, improvement or repair of a home;
  • (d) the demolition or removal of a home;
  • (e) any work associated with the construction or erection of a building—
    • (i) on land that is zoned for residential purposes under a planning scheme under the Planning and Environment Act 1987; and (ii) in respect of which a building permit is required under the Building Act 1993;

When do Owner Builders have to obtain a Building Inspection Report?

The Owner Builders must obtain a Building Inspection Report for any owner built works, regardless of value. This must be included in the Section 32 prior to entering into a Contract of Sale. Failure to do so may result in the purchaser voiding the contract prior to settlement. This report is required to be undertaken by a 'prescribed practitioner', as defined in the Building Act, which includes building surveyors and inspectors, engineers, architects (i.e. this excludes builders and trades people).

What information do you need to provide to your solicitor or conveyancer?

The Sale of Land Act and the Building Act both have specific requirements for owner builder situations. Unless the right questions are asked, it can be difficult to comply properly. Owner Builders or renovators should tell their solicitor or conveyancer about any domestic building works undertaken on their property (even works without a building permit). They should also identify works carried by a registered builder, single trades person or personally, regardless of value, so that the solicitor or conveyancer can determine what requirements exist, in order to comply with the current legislation. Failure to properly identify owner built domestic building works can lead to the contract being voided at any time prior to settlement.

For more information or advice....Contact us:

Tel: (03) 9337 0700 or 0418 315 731