Section 32E requires disclosure of particulars of building permits issued for a residence within the recent statutory period. It does not require disclosure of permits that should have been obtained, or of work done without a permit.
The owner builder regime under section 137B of the Building Act 1993 is separate and applies to a person who did owner builder work and sells within the set period. It requires a condition report by an inspector, and where the value of the work exceeds the statutory level, owner builder warranty insurance. The works valuation is based on current replacement value, meaning what a registered builder would charge today, not the owner builder's actual cost. Particulars of any owner builder insurance must also be disclosed in the section 32 statement even if the current vendor was not the owner builder, though there is no obligation to disclose insurance obtained by registered builders. The requirements do not apply to single works packages by a licensed trade such as an electrician or plumber, or a single contractor doing a single activity such as only painting.
If a required owner builder report is not included in the contract before the buyer signs, the contract is voidable by the buyer up to settlement, and penalties apply for selling without the required report or insurance. The report must not be more than the set period old at the date of signing, and there is a separate obligation under section 15A of the Sale of Land Act 1962 to give an approved building manual to the buyer on settlement where one exists, subject to an owners corporation exception.
CMK Legal's property and conveyancing team can act on matters like this.
A missing required owner builder report makes the contract voidable up to settlement, so the disclosure is not a formality. Owner builder work carries risk for a buyer because defects may not be covered and warranties are limited.
Law referenced: Sale of Land Act 1962 ss 32E, 15A; Building Act 1993 ss 137B, 41B.