# Forum More Stuff Owner Builders Forum  Five year wait!

## Melburn

Has anyone had any luck getting consent to owner build within the 5 year(Victoria) waiting period after finishing an owner builder project?  This law seems a bit protectionist to me!
We are hoping to build a beach shack or a new build in the city but dont want to wait around or pay for a builders holiday to Europe.
Cheer Chris.

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## JB1

Spoke to the VBA yet? 
Where/what/when was your last OB permit? 
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## Melburn

No haven’t spoken to VBA yet, just read available info and I have just finished OB extension.

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## Melburn

> Spoke to the VBA yet? 
> Where/what/when was your last OB permit? 
> ====

  No I havent spoken to VBA, just read the available info. I have just finished a OB extension in Melbourne.

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## METRIX

> No I haven’t spoken to VBA, just read the available info. I have just finished a OB extension in Melbourne.

  The reason they make you wait is because you are not a Builder, if they allowed everyone to do OB after OB then it would put the people out of business who had to get the qualifications and sacrifice a lot to get to the point to do this type of work as a living. 
It's not protectionist and your not funding a Builders trip to Europe, it's just not allowing you to turn a hobby into a career with no qualifications, makes perfect sense to me.
What do you do for a career, obviously someone is funding your ability to do your extension, and build new or build onto your beach block.

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## Melburn

> The reason they make you wait is because you are not a Builder, if they allowed everyone to do OB after OB then it would put the people out of business who had to get the qualifications and sacrifice a lot to get to the point to do this type of work as a living. 
> It's not protectionist and your not funding a Builders trip to Europe, it's just not allowing you to turn a hobby into a career with no qualifications, makes perfect sense to me.
> What do you do for a career, obviously someone is funding your ability to do your extension, and build new or build onto your beach block.

  Im not a builder, but I am a qualified tradesperson, carpentry and cabinet making, so its not my hobby.Im not interested in becoming a builder. I know and understand all the risks involved in be a builder and its not for me. I also make a point of not over charging people unlike many builders in this industry.Thanks for your help.

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## METRIX

> I’m not a builder, but I am a qualified tradesperson, carpentry and cabinet making, so it’s not my hobby.I’m not interested in becoming a builder. I know and understand all the risks involved in be a builder and it’s not for me. I also make a point of not over charging people unlike many builders in this industry.Thanks for your help.

  Doing OB you understand the risks a builder takes and is why they charge what they charge, not many careers can see you go bankrupt as easily as a builder if things go wrong.
If you are a cabinet maker then OB is a hobby because it's not what you do as your main job. 
If you have your carpentry license then you can do the qualifications to get your builders license in around 18 months, this will allow you to build your own house without the 5 year wait time, you don't have to do any work for others, these can be your own projects so no risk to others, beats waiting 5 years.

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## Bedford

> Has anyone had any luck getting consent to owner build within the 5 year(Victoria) waiting period after finishing an owner builder project?

  Yes, but you have to go about it the right way. 
Firstly you need a wife who hasn't got her name on the title of the build that you have your name on. 
Your wife buys the next project property in her name only, and then gets OB consent and builds. 
You buy the next property in your name only and apply for consent when your 5 years are up. 
If you want quicker than that, mix in some interstate ones.

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## METRIX

> Yes, but you have to go about it the right way. 
> Firstly you need a wife who hasn't got her name on the title of the build that you have your name on. 
> Your wife buys the next project property in her name only, and then gets OB consent and builds. 
> You buy the next property in your name only and apply for consent when your 5 years are up. 
> If you want quicker than that, mix in some interstate ones.

  Yes I was going to suggest this, my mate did it this way as well, only thing is you need a lot of trust in the relationship to do this 
Once it's all done the property will always be in the partners name, to get it back into both names you will be hit with stamp duty to change the title, this is why a lot of people don't do this because either of mistrust or not wanting to pay the stamp duty when it's all done. 
Wouldn't really matter anyway as the asset was gained during the marriage so therefore becomes an automatic 50% rule I think. 
Money is a strange thing and it makes perfectly normal people do irrational things they normally wouldn't do !!!!

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## Melburn

I was wondering about the partner approach, that sounds ok. Becoming a registered builder in Vic is becoming harder the VBA is cracking down on dodgy builders, which is great. It’s quite the process but may have to bite the bullet. 
Money, it all comes down to money and I’m pretty tight!

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## Bedford

> Once it's all done the property will always be in the partners name,

  So will any debt be! 
Agree, you would really need to be confident in any relationship and also how it's funded.

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## JB1

> Yes, but you have to go about it the right way. 
> Firstly you need a wife who hasn't got her name on the title of the build that you have your name on. 
> Your wife buys the next project property in her name only, and then gets OB consent and builds. 
> You buy the next property in your name only and apply for consent when your 5 years are up. 
> If you want quicker than that, mix in some interstate ones.

  Assuming that the you can fund the property without a loan as the bank would want your name on the property.  
The VBA also requires that you declare that you AND your spouse haven't owner built in the past 5 years. 
I'm currently owner building my 2nd house. 5 years is a fair timeframe. This is to avoid people becoming building for profit. 
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## Bedford

> The VBA also requires that you declare that you AND your spouse haven't owner built in the past 5 years.====

  Hi JBI, have you got a link to that please? 
Is it referring to the one property titled in both names or does it mean individual people with only their name on a property? 
Or?

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## JB1

> Hi JBI, have you got a link to that please? 
> Is it referring to the one property titled in both names or does it mean individual people with only their name on a property? 
> Or?

  I looked at the paperwork again and I think I may have misinterpreted it. 
If your spouse (or anyone else) have co-owned a property with you has been an OB in the past 5 years, you won't be eligible to get an OB yourself.  
But I was wrong, if your spouse was an OB if won't affect you if properties are totally independently owned.

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## METRIX

> I looked at the paperwork again and I think I may have misinterpreted it. 
> If your spouse (or anyone else) have co-owned a property with you has been an OB in the past 5 years, you won't be eligible to get an OB yourself.  
> But I was wrong, if your spouse was an OB if won't affect you if properties are totally independently owned.

  Yep, that's how my mate did it, the first property was in his name only the second was in his wifes only, I guess they could do a third 2.5 years after the mrs one and put it in his name again and 2.5 years after that and in his mrs name again.

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## JB1

Even if I could OB more than once every 5 years , I doubt I could be bothered moving that often. 
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## METRIX

> Even if I could OB more than once every 5 years , I doubt I could be bothered moving that often. 
> ====

   I move about that often and it is a pain, but look forward to the next project, each projects gets bigger and I never look back with regrets of the ones sold, they are just a box like any other box in the street  :Smilie:   :Smilie:

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## JB1

I've moved quite a bit over the last 10 years and it's a pain-
- living in old house
- OB townhouse behind existing house (easiest move ever!) 
- sold townhouse, moved into parents' house. 
- purchased house 3 years ago, OB new house again.. hoping to complete by Christmas.  
Fortunately I have the luxury of moving into parents' house rent free, I just have to pay rates and ultilities. Even more fortunate they are only in Australia 2-3 months of the year.  
I'm already thinking about my next project... I'm thinking of a new Hamptons style weatherboard look. I'm only keen on new houses, renovations open up too many cans of worms for me.  
I'll be eligible for another OB permit in May 2022  :Smilie:

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