For solicitors & conveyancers
If you are acting for a purchaser and the property appears to have been renovated within the relevant period, the key question is who took responsibility for the renovation as a whole.
Need to talk through a 137B job? If the scope or timing is unclear, call me.
Acting for the buyer
A property can have invoices from plumbers, electricians, tilers, flooring installers and other trades without there being one registered builder responsible for the renovation as a whole.
If the owner engaged or managed trades separately, some or all of the work may still have been owner-builder work.
Ask who carried the overall contractual responsibility for the complete renovation.Buyer-side document check
Where the seller says a registered builder carried out the renovation, request the signed building contract and check that it actually covers the work you are concerned about.
A contract for a kitchen does not, by itself, explain who was responsible for a later deck, bathroom or flooring project.
What to look for
For substantial renovation work, a proper signed building contract is a strong starting point. Check whether the documents identify the builder and the complete scope rather than simply proving that individual trades attended the property.
The contract identifies the builder and the builder’s registration details.
The work described in the contract matches the renovation that can be seen or has been disclosed.
The owner and builder are the contracting parties and the agreement is properly executed.
The signed contract can be produced to the seller’s solicitor or conveyancer and is consistent with the completion, insurance and other project documents.
Red flags
The absence of a comprehensive building contract does not by itself prove owner-builder status. It is a reason to investigate further and, where appropriate, ask whether a Section 137B defects inspection report is required.
A simple buyer-side workflow
What was renovated, and when?
Was one registered builder responsible for the entire scope?
Does the signed contract actually cover that work?
If owner-builder work may be involved, ask for the defects inspection report.
Acting for the seller
Ask the seller about recent building and renovation work before the contract and Section 32 are finalised.
If there was no single registered builder responsible for the complete renovation, check whether the work was owner-builder work and whether Section 137B requirements apply.
Early identification gives the seller time to organise the report before the transaction is exposed to avoidable risk.Already under contract and the report is missing? See Missing Section 137B report after signing a contract. Auction or signing only days away? See Urgent Section 137B inspection before auction or settlement.
Need to speak to me?
Tell me what work was done, which side you are acting for and how soon the report is needed. I’ll tell you what I can realistically do.
Refer 137B clients from time to time?
It gives me a clean way to keep track of clients you send through.
Sources: Consumer Affairs Victoria — Owner builders, Consumer Affairs Victoria — Owner builders checklist, Consumer Affairs Victoria — Building contracts checklist, and Consumer Affairs Victoria — Implied warranties on home building work, plus Building Act 1993 (Vic), s 137B.
Suspect owner-builder work?
Use the renovation checker to identify the work. If Section 137B is required, the same scope flows straight into the inspection quote.