Certificate of Consent

If you intend to undertake domestic building work on land you own and the value of the work is more than $20,000, then you will need a certificate of consent from the BPC.

How long does a certificate of consent last?

A certificate of consent is valid for

• 12 months from the date of issue; or
• If a building permit is obtained, until the permit lapses.

Restrictions to being an owner-builder

The BPC can only issue a certificate of consent to an owner-builder if they, or someone they co-own property with or have co-owned property with for example, have not been issued with a building permit within the last five years. An exception is where an applicant is applying for a certificate of consent for the same home, for example, if undertaking multiple extensions on their home, or if intending to construct a small second dwelling. This restricts owner-builders to obtaining a certificate of consent once every five years in respect of more than one home. The BPC has the power to grant an exemption from this restriction in special circumstances.

Special circumstances may arise where for example:

• there has been a substantial change in the circumstances of the applicant
• the applicant would suffer hardship if the application were refused.

The BPC will not issue a certificate of consent if it finds that an applicant has at any time entered into a contract to sell an owner-built home without obtaining the required insurance. The BPC will use mechanisms within the owner-builder regulatory regime, including assessment of knowledge and the public register, to ensure owner-builders understand their insurance obligations and to assist potential purchasers to check if a vendor has the requisite insurance.

Information on owner-builder projects that relate to certificates of consent issued from 1 September 2016 is available on the owner-builder public register. The information on the register includes the address and details of building work.

When an owner-builder certificate of consent is not needed

You do not need an owner-builder certificate of consent if:

• the total cost of work is $20,000 or less
• the building work does not relate to domestic building work
• a registered building practitioner has been engaged and will be nominated on the building permit as responsible for the building work
• you are carrying out the work in accordance with an emergency order, a building notice or a building order made under Part 8 of the Building Act 1993.

An owner-builder certificate of consent is also not necessary if the owner of the property is:

• a builder whose registration authorises the carrying out of that type of work
• a registered architect
• the Director of Housing.

What happens if my application is refused?

If we do not issue you with a certificate of consent to act as an owner-builder, it means your application was refused because it failed to meet all or part of the requirements in Section 25 of the Building Act 1993.

You have the right to appeal this decision directly at the Victorian Civil Administrative Tribunal (VCAT) within 60 days from the date of the decision letter. For more information, visit the VCAT website.

Do I need a certificate of consent for a prefabricated home?

Transporting a prefabricated home

Transporting a prefabricated (pre-made) home to land does not require a certificate of consent, as this activity is not considered domestic building work under Victorian law; specifically, section 6(g) of the Domestic Building Contracts Act 1995 excludes the transportation of a building from that definition.

On site after delivery

However, a certificate of consent may be required for any domestic building work undertaken on-site after the home is delivered. This includes activities such as installing or assembling the home, as well as site preparation, landscaping, or other structural work, where the total cost of the work, including materials and labour, exceeds $20,000.

Associated and non associated costs

When applying for a certificate of consent, only the costs associated with on-site domestic building work and any work requiring a building permit should be included; the cost of the prefabricated home itself and its transportation to the site must be excluded. Additionally, if the only work being carried out involves plumbing, electrical tasks, or attaching fixtures such as awnings or screens, this is not considered domestic building work on its own, as these trades are excluded unless they form part of a larger building project.