Written disclosure notice (Qld owner-builder)

A written disclosure notice in Queensland is the mandatory written notice that an owner-builder must give to a prospective buyer before contract execution when the owner-builder is selling within 6 years of completion of the owner-built dwelling. Required under the Queensland Building Act 1975 (Qld) and Queensland Building and Construction Commission (QBCC) Act 1991 (Qld). The buyer must sign and return one copy before the sale contract is executed. Failure to provide the notice results in the owner-builder being deemed to have warranted the work, exposing them to direct liability for defects that QBCC home warranty would have covered for a licensed-builder build. Verified per QBCC Act 1991 (Qld) (2026-05-23).

When the disclosure is required:

Condition	Application
Sale of an owner-built dwelling	Yes
Within 6 years of completion	Disclosure mandatory
More than 6 years after completion	Disclosure no longer mandatory
Sale to a related party (family, trust)	Still required
Sale of vacant land where dwelling is partly built	Disclosure required if partially-built work is owner-built

What the notice must state:

The notice must include:

Element	Content
Identification of the building work	Brief description of the work the owner-builder did
Permit holder’s name	The original owner-builder permit holder
Confirmation of the owner-builder permit	Permit number and date
Mandatory warning	”Warning: the building work to which this notice relates is not covered by insurance under the Queensland Building and Construction Commission Act 1991.” (or equivalent statutory wording)
Buyer’s signature and date	Acknowledging receipt
Vendor’s signature and date	Confirming issue

Format and procedure:

Owner-builder prepares the notice (two copies) with all required information.
Buyer reviews before signing the contract of sale.
Buyer signs both copies; returns one to the owner-builder; retains one.
Contract of sale is then executed (the notice precedes contract execution).
Conveyancer confirms the notice is part of the conveyance bundle.

Consequence of failure:

Failure mode	Consequence
Notice not provided at all	Owner-builder deemed to have warranted the work; buyer has direct claim against the owner-builder for defects
Notice provided but no buyer signature	Treated as not provided; same consequence
Notice given but with missing elements	Treated as defective; owner-builder may still face the warranty implication
Notice given to wrong party (e.g. mortgage broker instead of buyer)	Treated as not given

The deemed warranty is a significant exposure: a major structural defect emerging years after the sale would normally trigger the QBCC Home Warranty Scheme, but for owner-builder work the scheme doesn’t apply. The disclosure notice transfers the risk to the buyer (who accepts it knowingly). Without the notice, the risk stays with the owner-builder.

Why the 6-year window?

The 6-year window corresponds to the statutory warranty period under common Australian residential building law (6 years for major defects + 2 years for minor). After 6 years from completion, the bulk of structural-defect risk has either materialised or not, and the on-sell warning becomes less material.

After 6 years, the owner-builder can sell without the warning; standard real estate conveyancing applies.

Administrative advice on title:

In Queensland, the issue of an owner-builder permit results in an administrative advice being recorded on the property title. This advice:

Stays on title for 6 years from completion.
Alerts any future buyer that an owner-builder permit was issued.
Doesn’t replace the written disclosure notice; the notice is still required for sales within 6 years.

After 6 years, the owner-builder can apply to QBCC to remove the administrative advice from the title.

Buyer’s perspective:

A buyer purchasing an owner-built dwelling within the 6-year window:

Buyer’s situation	Recourse
Defect emerges post-sale	Direct claim against the owner-builder (the vendor)
Vendor insolvent or uncontactable	No insurance scheme to fall back on
Bought knowing the disclosure	Risk accepted, but documented
Bought without disclosure	Strong contract-voidance grounds against the vendor

The buyer’s price typically reflects the owner-builder risk: dwellings within the 6-year disclosure window typically sell at a small discount (5-10%) to comparable licensed-built dwellings.

Cross-state equivalents:

State	On-sell disclosure requirement
QLD	Written disclosure notice (this) within 6 years
NSW	Consumer warning in contract of sale within 7.5 years (HBA s.95)
VIC	Section 32 Vendor Statement with defects report + DBI within 6.5 years
WA, SA, TAS, NT, ACT	State-specific disclosure requirements

Common defects:

Notice prepared but not signed by buyer: ineffective; treated as not provided.
Notice given after contract execution: invalid; must precede contract.
Wrong statutory wording: notice may be defective.
Selling without realising the 6-year window applies: most common error.
Notice doesn’t list permit details correctly: buyer can question authenticity.

Builder takeaway:

For Qld owner-builder dwellings, the disclosure notice is mandatory within 6 years.
Engage a Qld-experienced conveyancer; they prepare the notice as part of the conveyance bundle.
Without the notice, the owner-builder retains warranty exposure that they thought ended at the sale.
After 6 years, apply to QBCC to remove the administrative advice from title (clean for future sales).

Also known as: owner-builder disclosure notice (Qld); s.66 disclosure notice (informal reference); QBCC owner-builder warning; pre-contract disclosure.

Category: Contracts & commercial.

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