Rights and responsibilities for kit homes and sheds
You need to make informed decisions about anything you build on your property, including kit homes and sheds. You need to know your rights and responsibilities—both while your project is ongoing and after it’s finished.
Complaints
If you have a problem with a supplier or a builder, the first thing you should do is talk to them. Most people want to do the right thing and will be happy to fix any problems. You can call in, phone or write to the manager.
Sometimes the business won’t help. If this happens, you can make a formal complaint.
Who you complain to will depend on the nature of your complaint.
Complaints about a supplier
Delays and non-supply
You are entitled to expect that your supplier will deliver the parts for your kit home or shed on time.
The business will usually include a delivery date in your contract. If they don’t, you should ask them to include one. Even if they don’t specify a date, they still need to supply the parts in a reasonable time.
They are breaking the law if they took your money even though they:
- knew they couldn’t supply the parts
- should have known in the circumstances.
If this happens, you can make a complaint to us.
Misleading or deceptive conduct
The supplier must be honest about the parts they intend to give you. This includes:
- their price and usual value
- the standard, quality or grade
- the composition and model.
The parts they deliver must be the same parts that you paid for.
If what you receive is different to what you ordered, you can make a complaint to us.
Complaints about a builder
You can complain about a licensed builder if they are in charge of:
- coordinating the overall project
- supervising the project.
You can make a complaint if they don’t:
- have an appropriate licence from the Queensland Building and Construction Commission (QBCC)
- make sure that all building work is at a reasonable standard and there is no defect
- keep the project on a reasonable schedule
- complete the work
- give you a Certificate of Insurance.
Complaints about builders should be lodged with the QBCC dispute resolution service.
If you are owner-builder, you should get independent legal advice if you have a dispute with a subcontractor.
Find out more about builder complaints
Contracts and invoices
Owner-builders
As an owner-builder, you are the head contractor for your project.
You are responsible for:
- entering into all contracts with your subcontractors and suppliers
- honouring all the terms of the contract
- paying them on time.
Otherwise, they may:
- stop working
- make a formal complaint
- lodge an application to get their payment.
Find some recommended contracts
Owner non-builders
Your co-ordinating builder must hire and pay any subcontractor or supplier. You only enter a contract with that builder. They can charge you a small deposit but cannot insist that you pay the full contract in advance.
Find more details about the deposit
They can ask you to make incremental payments through the project, usually as they finish work on each stage of the project. You must finalise the full payment in a reasonable time.
Get independent legal advice if you have any disputes over payment.
Selling the property (owner-builders)
If you sell your property within 6 years of finishing your project, you need to give a written notice to any prospective buyer. You must do this before they sign the contract.
The notice should give:
- details of your project
- a statement that the work was done under an owner-builder permit
- the permit holder’s name.
It must also include the following notice:
Warning: The building work to which this notice relates is not covered by insurance under the Queensland Building and Construction Commission Act 1991.