Surrender of a Permit
An owner may surrender the Owner Builder Permit by written notice at any time. If an owner builder decides to enter into a contract with a licensed building contractor to carry out the owner builder work, the permit MUST be surrendered PRIOR to signing the contract with the builder.
Surrendering a Permit AFTER Work Has Commenced Under the Permit
- If an owner has commenced owner builder work and then surrenders the Owner Builder Permit, any work carried out under that permit is not residential construction work and is not covered by the Statutory Insurance Scheme. AFTER surrendering the Owner Builder Permit, an owner may enter into a building contract with a licensed contractor to perform residential construction work on the land. The work performed by the licensed contractor would be insurable work and an insurance premium must be paid. The work performed by the owner builder would remain uninsurable work and the Owner Builder Notification would remain on Title for seven years.
- If an owner has commenced owner builder work and then enters into a contract with a licensed contractor to perform building work covered by the permit, this work would still be owner builder work and would be uninsurable. If the owner then surrenders the Owner Builder permit, the work performed would remain uninsurable work.
Note: An owner may NOT perform owner builder work on the land AFTER the owner Builder Permit is surrendered.
Surrendering a Permit When NO Work Has Commenced Under the Permit
- If an owner has not commenced owner builder work under the Owner Builder Permit, an owner may surrender the Owner Builder Permit. If an owner builder decides to enter into a contract with a licensed building contractor to carry out the owner builder work, the permit MUST be surrendered PRIOR to signing the contract with the builder.
The work performed by the licensed contractor would be insurable work and an insurance premium must be paid. An owner could request the removal of the Owner Builder Notification from Title under these circumstances.
- Where no owner builder work has been performed under the Owner Builder Permit, the removal of the Owner Builder Notification from Title may be requested where the permit has been surrendered and where:
- Building approval has been obtained and cancelled - provide a copy of written confirmation from the building certifier confirming the cancellation of the approval.
- No building approval has been obtained - provide a copy of a current council search or letter from your solicitor confirming 'vacant land status' on the property
- To surrender the permit, you must give written notice to BSA and return the permit. You will be required to complete and return (along with all requested documentation) an Application to Surrender an Owner Builder Permit form. Note - A refund of 50% of the application fee only applies to permits surrendered within six months of the date of issue of the permit and where NO owner builder work has been performed under the permit.
