The short answer is … everyone. However, we can clearly distinguish between two groups: registered Melbourne custom home build builders and unregistered Melbourne custom home build builders.

Is unregistered Melbourne custom home build builder’s illegal? No, however, there are several limitations within which they can operate. All owner builders are in this category. Owner builders can build their own home (no investment property) and they can build one project every three years. The other major category in this group are handymen or women doing small home improvements and maintenance. Generally, a building permit isn’t needed for most small works below $10,000. However, there are few exemptions; for example, house restumping does need a building permit, even below $10,000. Also decking attached to the house needs a building permit regardless of the value of the project—decks are considered living areas and so are deemed to be house extensions. You should check with your local council or private building surveyor as to whether a building permit is needed for your proposed project.

Registered custom home build builders are further divided in subcategories of unlimited (DB-U) and limited (DB-L). The limitations can be to landscaping, verandas, bathrooms and so on.

The law in Victoria is currently changing and soon carpenters will also need to be registered in line with other Australian sates.

There is also a big grey area of ‘custom home build builders’ who sometimes do substantial works without being registered and sometimes without a building permit. They will try to convince homeowners to operate as owner builders and engage them as subcontractors. Be aware that with such an arrangement, all legal responsibility falls on your shoulders. If someone gets injured or killed on site, or if the building is not built as required by Australian building standards, future owners may sue you many years after you sell the property. For these reasons, you should avoid any such arrangement.

Your first question should be: Are you a Registered Custom Home Build Builder?