Building Act 1993 PDF

Authorised Version No. 141 Building Act 1993 No. 126 of 1993 Authorised Version incorporating amendments as at 13 November 2024 TABLE OF PROVISIONS Section...

Authorised Version No. 141 Building Act 1993 No. 126 of 1993 Authorised Version incorporating amendments as at 13 November 2024 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions and interpretation 2 4 Objectives of Act 33 5 Application to Crown and public authorities 34 Part 2—Building standards 35 7 Building regulations 35 8 Local laws 36 9 Incorporation by reference 36 9A Regulatory impact statement not required for certain amendments 36 10 Application of new building regulations or binding determinations to building work 37 11 Effect of planning schemes 38 12 Revocation of other regulations relating to building 38 13 Effect on local laws 39 14 Accreditation of building products 39 14B Authority to keep register of accredited building products 41 15 Building surveyor must not refuse to approve building work on certain grounds 41 15A Building regulations with respect to swimming pools 41 15B Maintenance of exits 45 Part 3—Building permits 47 Division 1—Building permit required 47 16 Offences relating to carrying out building work 47 16A Exception if permit suspended 48 16B Indictable offences relating to carrying out building work 49 Authorised by the Chief Parliamentary Counsel i Section Page Division 2—Applications for building permits 50 17 Applications for building permits 50 17A Relevant building surveyor must give owner of land or building an information statement 51 18 Schedule 2 to apply 51 18AA Relevant building surveyor must apply for building permit number for building permit 52 18A Notice to Development Victoria of application 53 18B Notice to Commissioner of State Revenue of application 54 18C Further notice to Commissioner of State Revenue 55 18D Notice to Secretary to Department of application 56 Division 3—Decisions on building permits and other matters 57 19 Decision on application for building permit 57 20 Types of permit 58 21 Requirement for occupancy permit 58 22 Guarantees and bonds 58 23 Reporting authority to be notified of permit 59 23A Offences relating to the issue of a building permit 59 24 Refusal of building permit 60 24A Further limitations on the issue of building permits 64 24B Specification of builders in relation to specific building work 66 25 Reasons for refusal to be given 68 25AA A person may notify relevant building surveyor if becomes owner of land subject to building permit 68 25A Notice of ending of engagement of builder 69 25AB Notice to relevant building surveyor of subsequent engagement of builder 70 25AC Change of builder on building permit 71 25AD Relevant building surveyor to notify Authority and relevant council of certain information 71 25AE Suspension of building permit 72 25B Restrictions on owner-builder 73 Division 3AA—Issue of building permit number by the Authority 75 25BA Issue of building permit number 75 25BB Authority may refuse to issue building permit number 76 25BC Authority must decide to issue building permit number within prescribed period 76 25BD Authority must notify applicant of refusal to issue building permit number 77 25BE Authority must notify council of issue of building permit number 77 Authorised by the Chief Parliamentary Counsel ii Section Page 25BF Review by VCAT of refusal to issue building permit number 77 Division 3A—Certificates of consent for owner-builders 78 25C Application for owner-builder certificate of consent 78 25D Further particulars 78 25E Decision on application for certificate of consent 78 25F Applications in relation to land owned by related bodies 81 25G Certificate of consent 82 25H Register of certificates 83 25J Review by VCAT 83 Division 4—Special provisions 84 26 Prescribed places of public entertainment 84 28 Historic buildings and special buildings 84 29 Subdivision 85 29A Application for building permit for demolition 86 29B Suspension of demolition permit pending amendment of planning scheme 87 Division 5—Register and records 89 30 Relevant building surveyor to give copies of permits and documents to council 89 30A Authority may approve checklist of documents to be certified 90 30B Relevant building surveyor must certify that documents given to council 90 31 Register of building permits 90 32 Keeping of records 91 32A Council to notify Development Victoria of issue of building permit 91 Part 4—Inspection of building work 93 Division 1—Inspections 93 33 Notification during building work 93 34 Inspections at mandatory notification stages 94 35 Inspection of building work—general powers 94 35A Record of inspection of building work 94 35B Persons carrying out inspections must be registered practitioners or prescribed persons 94 Division 2—Directions to fix building work 95 37 Definitions 95 37A Direction by relevant building surveyor to fix building work 96 Authorised by the Chief Parliamentary Counsel iii Section Page 37B Direction by authorised person to fix building work 96 37C Method of giving directions 97 37D Written direction if oral direction not complied with 97 37E Requirements of directions to fix building work 98 37F Written directions to fix building work 98 37G Extension of time to comply with direction 99 37H Offences relating to compliance with direction 99 37HA Operation of direction may be stayed 100 37I Direction may be revoked 100 37J Relevant building surveyor or authorised person must give copies of directions and other notices to owner 101 37K Notice to owner and Authority of non-compliance with direction 102 Division 3—Certificates of final inspection 102 38 Certificate of final inspection 102 Part 5—Occupation of buildings and places of public entertainment 103 Division 1—Occupancy permits (building work) 103 39 Occupancy permit must be obtained 103 40 Occupation must be in accordance with permit 104 41 Applications for occupancy permits 104 41A Requirement to provide a draft building manual with an application for an occupancy permit 104 41B Approval of building manual 105 42 Schedule 2 to apply 105 43 Decision on application for occupancy permit 106 44 Refusal of occupancy permit 106 44A Applicant for occupancy permit must give approved building manual to owners corporation 107 44B Owners corporation must update an approved building manual 107 44C Owner of building must update an approved building manual 107 44D Offence to include false or misleading information in a building manual 108 45 Form of occupancy permit 108 46 Effect of occupancy permit 109 47 Reporting authority to be notified of occupancy permit 109 48 Reasons for refusal to be given 109 Authorised by the Chief Parliamentary Counsel iv Section Page Division 2—Occupancy permits (places of public entertainment) 109 49 Public entertainment not to be conducted at place without occupancy permit 109 50 Place not to be used for public entertainment without occupancy permit 110 51 Use of place of public entertainment must be in accordance with permit 110 52 Use of prescribed temporary structure must be in accordance with permit 110 53 Applications for occupancy permits 111 54 Schedule 2 to apply 111 55 Refusal of occupancy permit 111 56 Decision on application for occupancy permit 112 57 Prescribed temporary structures—special provisions 112 58 Effect of occupancy permit 113 59 Form of occupancy permit 113 60 Reporting authority to be notified of occupancy permit 113 61 Owner to notify others of occupancy permit 114 62 Reasons for refusal to be given 114 63 Inspection of places of public entertainment 114 Division 3—Temporary occupation of buildings 115 64 Temporary occupation of buildings 115 65 Who may apply for approval? 115 66 Form of application 115 67 Determination of applications 116 68 Form of approval 116 69 Reasons for refusal to be given 116 Division 4—Amendment and cancellation of permits and approvals 117 70 Amendment of permit or approval 117 71 Cancellation of permit or approval if fraud or misrepresentation 117 72 Cancellation of occupancy permit on other grounds 118 Division 5—Register and records 118 73 Relevant building surveyor to give copies of documents to council 118 74 Register of occupancy permits and temporary approvals 119 75 Keeping of records 119 Authorised by the Chief Parliamentary Counsel v Section Page Part 6—Private building surveyors 121 Division 1—Appointments of private building surveyors 121 76 Functions of private building surveyor 121 77 Additional functions 121 78 When may a private building surveyor be appointed? 121 78A Offence to accept appointment of private building surveyor if unregistered 123 78B Private building surveyor prohibited from delegating functions unless authorised 123 79 Circumstances in which private building surveyor may not act 123 80 Private building surveyor to notify council 126 80A Designated building surveyors 126 80B Duties of designated building surveyors 127 Division 1A—Transfer of functions of private building surveyor 128 80C A private building surveyor may transfer functions relating to building work to another building surveyor 128 80D Authority may direct transfer of functions of employee building surveyor 130 Division 2—Termination of appointment with consent of Authority 132 81 Termination of appointment 132 82 Directions of Authority 133 83 Effect of transfer of functions 134 Division 3—Appointment by Authority of manager of business of private building surveyor 135 Subdivision 1—Preliminary 135 83A Definition 135 Subdivision 2—Appointment of manager 135 83B Appointment of manager 135 83C Who may be appointed as a manager? 136 83D Terms of appointment 137 83E Conditions on appointment of manager 137 83F Notice of appointment 138 83G Effect of service of notice of appointment 138 Subdivision 3—Management of business 139 83H Powers of manager 139 83I Powers of entry etc. 139 83J Acts of manager taken to be acts of private building surveyor 142 Authorised by the Chief Parliamentary Counsel vi Section Page 83K Protection from liability 142 83L Payment of expenses of management 142 83M Business accounts 143 83N Records and accounts of business under management 143 83O Reports by manager 144 83P Deceased estates 144 Subdivision 4—Termination of appointment 145 83Q Termination of manager's appointment 145 Subdivision 5—Applications to VCAT 146 83R Review of decision to appoint manager 146 83S Directions of VCAT 147 Subdivision 6—General 147 83T Confidentiality 147 83U Offence to obstruct manager 148 83V Owner may recover money paid to private building surveyor 148 Part 7—Protection of adjoining property 150 84 Notice of building work to be given 150 85 Adjoining owner must respond to notice 150 86 Effect of agreement 151 87 Effect of disagreement or request for further information 151 88 Work not to be carried out until protection requirements met 152 89 Emergency procedures 153 90 Absent or incapable owners 154 91 Appointment of agent for adjoining owner 154 92 Adjoining owner may inspect plans 155 93 Owner to arrange insurance cover 156 94 Survey of adjoining property 157 95 Entry on adjoining property 158 96 Adjoining owner and adjoining occupier not to obstruct owner 158 97 Expenses of adjoining owner 159 98 Compensation 160 99 Liability not affected 160 100 Saving for easements 160 101 Lodgment of plans after completion of protection work 160 Authorised by the Chief Parliamentary Counsel vii Section Page Part 8—Enforcement of safety and building standards 162 Division 1—Emergency orders 162 102 Emergency orders 162 103 Orders to vacate 162 104 Orders to owners, occupiers or builders 163 105 Form and service of emergency order 164 105A Duration of order 164 105B Cancellation of emergency order 165 Division 2—Building notices and building orders 165 106 Building notices 165 107 Actions by private building surveyors 166 108 Contents and form of building notice 167 109 Representations by owner 168 110 Cancellation of building notice 168 111 Building orders—general 168 112 Building orders to stop building work 170 113 Building orders—minor work or action 171 114 Form and service of building order 173 115 Failure to comply with order by private building surveyor 173 116 Amendment or cancellation of certain building orders 173 117 Duration of order 174 Division 3—General 174 118 Contravention of emergency order or building order 174 118A Building notices and building orders to be last resort 175 119 Building permit not required 175 120 Completion of work required by emergency order or building order 175 121 Work may be carried out by municipal building surveyor 176 122 Minister may authorise action where immediate danger 176 123 Recovery of costs 176 124 Police assistance 177 125 Relevant building surveyor to notify council 177 126 Register of orders 178 Part 9—Liability 179 Division 1—Immunity 179 127 Immunity for Commissioners and staff 179 127AA Immunity for Building Monitor and acting Building Monitor 179 Authorised by the Chief Parliamentary Counsel viii Section Page 127A Immunity for members of public authorities and staff 180 128 Immunity for building surveyor relying on certificate 180 128A Immunity for building surveyor in relation to approving a draft building manual 181 Division 2—Limitation of actions 181 129 Definitions 181 130 Division not to affect certain matters 181 134 Limitation on time when building action may be brought 182 134A Limitation on time when plumbing action may be brought 183 Division 3—Insurance 184 135 Order requiring insurance 184 136 Offence to work as building practitioner or engineer without required insurance 186 137 Offence to claim to be insured when uninsured 187 137AA Insurance for domestic building work to be provided by designated insurers 187 137A Insurance for domestic building work 189 137B Offence for owner-builder to sell building without report or insurance 191 137C Warranties for purposes of homes under section 137B 196 137D Insurance requirements for the purposes of homes under section 137B 197 137E Insurance requirements for home sold before completion 198 Division 4—Cladding rectification subrogation 199 137F Subrogation 199 137G Repayment of financial assistance 201 Part 10—The Building Appeals Board and its jurisdiction 202 Division 1—Rights of appeal 202 138 Building and occupancy permits 202 138A Directions to fix building work 203 139 Temporary occupation of buildings 203 140 Private building surveyors 204 141 Protection work 205 142 Building notices and orders 205 144 Appeals—Building regulations 206 Authorised by the Chief Parliamentary Counsel ix Section Page 144A Appeals—Building and Construction Industry Security of Payment Act 2002 207 Division 2—Appeals 207 145 Division additional to other powers 207 146 Effect of decisions under appeal 208 147 Fast track appeals 208 148 Nature of an appeal 209 149 What action can be taken on appeal? 209 Division 3—Disputes 210 150 Disputes about inspections 210 151 Emergency protection work 211 152 Insurance 211 153 Surveys of adjoining property 211 154 Cost of supervising protection work 211 155 Other disputes between owners and adjoining owners 211 156 Disputes about the building permit levy 212 157 Application and effect of building regulations 212 158 Party walls 213 Division 4—Other proceedings 213 159 Compensation—protection work 213 160 Modification of building regulations 213 160A Application for determination in respect of building design 215 160B Application for modification of building regulations relating to access for persons with disabilities 216 Division 5—Powers concerning disputes and other proceedings 221 161 General powers 221 162 Special powers—modification of regulations 222 163 Agreements 223 164 Termination and variation of agreements 224 165 Lodging and recording of agreements 225 Division 6—The Building Appeals Board 226 166 Establishment and membership of Building Appeals Board 226 168 Register 228 Part 11—Registration of building practitioners 229 Division 1—Offences 229 169 Representation in relation to registration 229 Authorised by the Chief Parliamentary Counsel x Section Page 169AA Certain registered builders must not act as head builders 230 169A Representation in relation to domestic building work 231 169B Representation in relation to work as a building surveyor 232 169C Representation in relation to work as a building inspector 232 169D Offence to carry out work as a building practitioner unless registered 232 169EA Offence to carry out certain types of building work unless registered or licensed 234 169EB Authority may grant exemption from offence against section 169EA(1) 236 169F Offence to carry out domestic building work under a major domestic building contract 239 169FA Offence to engage an unregistered subcontractor 241 169FB Offence to direct or require a person to carry out certain building work 243 169G Building practitioner body corporate must have at least one nominee director 245 169H Advertisements or written statements by registered building practitioners 246 169I Advertisements or written statements by partnerships 246 169J Exception for certain organisations 247 169K Offences for unregistered engineers 247 Division 1A—Registration 248 Subdivision 1—Application for registration 248 170 Who may apply for registration? 248 170A Application for registration—general 249 170AB Proof of insurance for persons intending to rely on automatic deemed registration 250 170B Authority may conduct inquiries and require further information 250 170C Consent to disclosure of information 251 170D Change to information in application 251 Subdivision 2—Registration 252 171 Registration 252 171A Additional requirements for registration—bodies corporate—general 256 171B Additional requirements for registration—nominee directors 257 171C Additional requirements for applicant who is member of partnership 259 Authorised by the Chief Parliamentary Counsel xi Section Page 171D Personal probity requirements 260 171E Financial probity requirements 261 171F Excluded persons 266 171G Issue of certificate of registration 269 171GA Issue of registration card 269 171H Conditions on registration 270 171I Period of registration 271 171J Issue of replacement certificate of registration or registration card 272 Subdivision 3—Annual fee, proof of insurance and training plan report 273 172 Annual fee, proof of insurance and training plan report 273 Subdivision 4—Renewal and surrender of registration 275 173 Renewal of registration 275 173A Authority may permit late renewals 276 173B Surrender of registration 277 Subdivision 5—Nominee directors 277 174 General duty of nominee director 277 Subdivision 6—Register of Building Practitioners 278 175AA Definitions 278 175 The Register of Building Practitioners 278 175A Time for inclusion of information in the Register of Building Practitioners 279 175AB Registered building practitioner must give information to the Authority for the Register of Building Practitioners 280 175B Changes to information on the Register of Building Practitioners 281 175C Authority to be advised of nominee director changes 281 175D Publication of information on Register of Building Practitioners 281 Subdivision 7—General 282 176 Certificate of registration to be returned to Authority 282 176A Registered building practitioner or endorsed building engineer to produce certificate of registration for inspection 282 Division 2—Codes of conduct for building practitioners 284 177 Authority may approve codes of conduct for building practitioners 284 177A Code of conduct prepared by Authority or industry 285 Authorised by the Chief Parliamentary Counsel xii Section Page 177B Code of conduct must be published 285 177C Commencement of code of conduct 286 177D Building practitioners must comply with approved code of conduct 286 Division 3—Disciplinary proceedings and action 287 Subdivision 1—Preliminary 287 177E Application of Division to endorsed building engineers 287 178 Meaning of disciplinary action 288 178A Division applies to suspended practitioners 289 Subdivision 2—Grounds for disciplinary action 290 179 Grounds for disciplinary action 290 179A Conduct of body corporate or partnership to be conduct of building practitioner director or partner 294 179B Mandatory cancellation of registration if practitioner is not a fit and proper person 294 Subdivision 3—Immediate suspension of registration 295 180 Grounds for immediate suspension 295 180A Immediate suspension of registration 296 180B Period of suspension 298 180C Period of grace where director dies or resigns or is removed or disqualified 299 Subdivision 4—Ability to practise 300 181 Ability to practise 300 181A Revocation of suspension 300 Subdivision 5—Show cause process 301 182 Show cause notice 301 182A Representations about show cause notice 302 182B Decision about whether to take disciplinary action 303 182C Ending show cause process without further action 303 182D Disciplinary or other action by Authority on giving of undertaking 303 182E Taking disciplinary action after show cause notice 305 Subdivision 6—General provisions relating to disciplinary action 306 183 Notice of decisions 306 183A Building practitioner to give notice 307 183B Complaint privileged 307 183C Consequences of suspension of registration 308 183D Revocation of suspension 308 183E Authority may recover penalties 308 Authorised by the Chief Parliamentary Counsel xiii Section Page Division 4—Review of decisions relating to building practitioners 309 Subdivision 1—Preliminary 309 184 Definitions 309 184A Application of Division to endorsed building engineers 310 Subdivision 2—Internal review 310 185 Applying for internal review 310 185A Who may conduct an internal review? 311 185B Internal review 312 185C Review decisions 313 185D Notice of review decision 313 Subdivision 3—Review by VCAT 314 186 Application for review by VCAT of reviewable decision 314 187 Proceedings and decision 315 Part 11A—Licensing of building employees 316 Division 1—Building employee licence 316 Subdivision 1—Application to be licensed 316 187A Natural person may apply for a licence 316 187B Application to be licensed 317 187C Authority may conduct inquiries and require further information 317 187D Consent to disclosure of information 318 187E Change to information in application 318 Subdivision 2—Licensing 319 187F Grant of licence other than provisional licence 319 187G Grant of provisional licence 320 187H Conditions of licence 322 187I Period of licence granted under this Part 322 187J Issue or return of licence certificate 323 187K Issue of replacement licence certificate 324 Subdivision 3—Periodic licence fee, statement and training plan report 325 187L Periodic licence fee, statement and training plan report 325 187M Surrender of licence 326 Subdivision 4—General 326 187N Register of Building Employees 326 Authorised by the Chief Parliamentary Counsel xiv Section Page 187NA Licensed building employees must give information to the Authority for the Register of Building Employees 326 187NB Licensed building employee must notify Authority of changes to information on the Register of Building Employees 327 187O Licensed building employee to produce licence certificate for inspection 327 Division 2—Disciplinary proceedings and actions 328 Subdivision 1—Preliminary 328 187P Meaning of disciplinary action 328 187Q Division applies to suspended building employees 329 Subdivision 2—Grounds for disciplinary action 329 187R Grounds for disciplinary action 329 Subdivision 3—Show cause process 330 187S Show cause notice 330 187T Representations about show cause notice 331 187U Decision about whether to take disciplinary action 331 187V Ending show cause process without further action 332 187W Disciplinary or other action by Authority on giving of undertaking 332 187X Taking disciplinary action after show cause notice 332 Subdivision 4—General provisions relating to disciplinary action 333 187Y Notice of decisions 333 187Z Complaint privileged 334 187ZA Consequences of suspension of licence 334 187ZB Revocation of suspension 334 Division 3—Review of decisions relating to licensed employees 334 Subdivision 1—Preliminary 334 187ZC Definitions 334 Subdivision 2—Internal review 335 187ZD Applying for internal review 335 187ZE Persons who may conduct an internal review 336 187ZF Internal review 336 187ZG Review decisions 336 187ZH Notice of review decision 337 Subdivision 3—Review by VCAT 338 187ZI Application for review by VCAT of reviewable decision 338 Authorised by the Chief Parliamentary Counsel xv Section Page 187ZJ Proceedings and decision 338 Part 12—Building administration 340 Division 1—Role of Minister 340 188 Guidelines 340 188AA Ministerial directions to building surveyors 341 188A Decision guidelines on design and siting of, and access to and egress from, single 342 189 Delegation of Minister's functions 343 190 Minister may require Authority to act as building surveyor 344 191 Administration and enforcement outside municipal district 344 192 Alpine resorts 345 192A Designated bushfire prone areas 346 192B Declaration prohibiting use of high risk external wall cladding products 347 Division 2—Victorian Building Authority 350 Subdivision 1—Establishment 350 193 Establishment of Authority 350 194 Authority is a body corporate 350 195 Authority accountable to Minister 351 196 Authority to comply with certain directions by gas safety Minister 351 197 Functions of the Authority 351 198 General powers of the Authority 354 199 Delegation by the Authority 354 Subdivision 2—VBA Board and staff of the Authority 355 200 Victorian Building Authority Board 355 201 Appointment of Commissioners to VBA Board 356 202 Application of Schedule 3 356 203 Chief executive officer 357 204 Authority staff 357 Subdivision 2A—VBA inspectors 358 204A Appointment of inspectors 358 204B VBA inspector's identification 359 204C Production of identification 360 Subdivision 3—Victorian Building Authority Fund 360 205 Establishment and structure 360 205A Payments into Building account 361 205B Payments out of the Building account 363 205C Payments into the Plumbing account 365 Authorised by the Chief Parliamentary Counsel xvi Section Page 205D Payments out of the Plumbing account 365 205DA Payments into the Cladding Safety Victoria account 366 205DB Payments out of the Cladding Safety Victoria account 367 205E Authority may invest funds 368 205F Authority may engage agent in administering Victorian Building Authority Fund 368 Subdivision 4—Building permit levy 368 205G Building permit levy must be paid 368 205GA Applicant must pay building permit levy 371 205H Building permit application must contain information about cost of building work 372 205HA Relevant building surveyor must refuse permit in certain circumstances 373 205I Calculation and notification of levy 374 205J Offence for person not to remit levy to Authority 376 205K Authority may recover unpaid levy 377 205KA Authority must be notified of increased building costs 377 Subdivision 4A—Reassessments of levy by the Authority after permit issued 378 205L Authority may reassess levy after building permit issued 378 205LA Authority must take into account matters in reassessing levy 380 205LB Authority to give notice of additional levy to be paid 380 205LBA Authority to give notice of refund 382 205LC Authority may impose amount of penalty levy 383 205LD Person given notice must pay any additional levy and penalty levy 384 205LE Authority may recover additional levy assessed by Authority and penalty levy 384 205LF Review by VCAT 384 Subdivision 4B—Assessments of levy by the Authority for unauthorised building work 385 205LG Levy may be payable for work carried out without a permit 385 205LH Assessment of levy 386 205LI Authority may impose amount of penalty levy 387 205LJ Authority may charge costs of assessing levy 387 205LK Authority to give notice of assessment 387 205LL Person given notice must pay levy, penalty levy and costs of Authority 388 Authorised by the Chief Parliamentary Counsel xvii Section Page 205LM Authority may recover levy assessed by Authority, penalty levy and costs 388 205LN Review by VCAT 388 Subdivision 4C—Review of cladding rectification levy 389 205LO Review of cladding rectification levy 389 Subdivision 5—Specific powers of Authority relating to building surveyors 389 205M Directions and recommendations in relation to building surveyors 389 205N Authority may act as municipal building surveyor— general 391 205O Effect of Authority acting as municipal building surveyor 391 205P Authority as relevant building surveyor for certain occupancy permits 392 205Q Building surveyor not to carry out function 392 205R Minister's guidelines apply to applications to Authority 393 Division 3—State Building Surveyor 393 206 Appointment of State Building Surveyor 394 206A Objectives of the State Building Surveyor 395 206B Functions of the State Building Surveyor 396 206C Powers of the State Building Surveyor 398 206D Delegation powers of the State Building Surveyor 398 206E State Building Surveyor may issue binding determinations 398 Division 3A—Building Monitor 399 Subdivision 1—Definition in this Division 399 207 Definition 399 Subdivision 2—Appointment of Building Monitor 399 208 Appointment of Building Monitor 399 208A Vacancy in office of Building Monitor 400 208B Removal from office of Building Monitor 401 208C Acting Building Monitor 401 208D Validity of decisions of Building Monitor 402 Subdivision 3—Objectives, functions and general powers of Building Monitor 402 208E Objectives of the Building Monitor 402 208F Functions of the Building Monitor 403 208G General powers of the Building Monitor 404 Authorised by the Chief Parliamentary Counsel xviii Section Page 208H Staff 404 208I Delegation 404 Subdivision 4—Strategic plan 405 208J Building Monitor must implement a strategic plan 405 Subdivision 5—Information gathering powers of Building Monitor 406 208K Building Monitor may request information or data from certain persons or bodies 406 208L Building Monitor must not publish certain information or data 407 208M Improper disclosure or use of information or data 408 Subdivision 6—Establishment of Building Monitor Reference Group 408 208N Minister may establish a Building Monitor Reference Group 408 208O Review of Building Monitor Reference Group 410 Subdivision 7—Building Monitor Issues Report 410 208P Building Monitor Issues Report 410 Subdivision 8—Review of office of Building Monitor 413 208Q Review of office of Building Monitor 413 Division 4—The Building Regulations Advisory Committee 413 209 Establishment of Committee 413 210 Membership and procedure 413 211 Functions of Committee 416 Division 4A—Plumbing Advisory Council 417 211A Establishment of Council 417 211B Membership and procedure 417 211C Functions 419 Division 5—Role of councils 419 212 Council to administer building provisions in its municipal district 419 213 Appointment of municipal building surveyor 420 214 Agreements with councils or the Authority 421 215 Agreement with private building surveyor 422 216 Council to charge commercial rates for work outside municipal district 422 216A Exemption from functions in relation to certain permits 423 216B Delegation by municipal building surveyor 423 Authorised by the Chief Parliamentary Counsel xix Section Page 216C Role of municipal building surveyor outside municipal district 424 216D Register of swimming pools 425 Division 6—The Crown and public authorities 427 217 Application of Act to the Crown and public authorities 427 219 Municipal building surveyor not required to inspect building work 428 220 Guidelines for Crown and public authority buildings 429 221 Authorised building surveyor 429 Part 12A—Plumbing work 431 Division 1—Preliminary matters 431 221A Purpose of this Part 431 221B Definitions applying to this Part 431 221C Meaning of plumbing work 436 Division 2—Restrictions concerning the carrying out of plumbing work 437 221D Plumbing work only to be carried out by licensed or registered plumbers 437 221E Restrictions concerning work for which compliance certificate required 438 221F Restriction concerning specialised plumbing work 439 221FA Plumbing work must comply with this Part and regulations 440 221G Obligations on licensed plumbers concerning their agents 440 221H People involved in a plumbing business need not be licensed or registered 440 221HA No entitlement to consideration under contract 441 221I Person must not use the title "plumber" or "plumbing practitioner" unless licensed or registered 443 221J Person must not use the title "drainer" unless licensed or registered 444 221K Person must not use the title "gasfitter" unless licensed or registered 444 221L Exceptions to sections 221I–221K 445 Division 3—The licensing and registration of plumbers 446 221M Licensing as a plumber 446 221N Endorsement to carry out specialised plumbing work 447 221O Registration as a plumber 448 221OA Endorsement to carry out specialised plumbing work—registered plumbers 449 Authorised by the Chief Parliamentary Counsel xx Section Page 221P Provisional registration 451 221Q Restricted licences 452 221R Restricted registration 453 221S Authority may refuse to license or register certain persons 454 221T Application for licensing or registration as a plumber 455 221U Authority may conduct inquiries and require further information 457 221UA Consent to disclosure of information 457 221V Offence to give false information 458 221VA Police record check on applicant 458 221W Temporary licence or registration 458 221X Authority may impose conditions on licensing or registering person 460 221Y Duplicate licences and registration documents 460 221Z How long licensing and registration last 461 221ZA Plumbers must notify Authority of change of contact details 462 221ZB Application for renewal of licence or registration as a plumber 462 221ZC Authority may require further information 464 221ZD Renewal of licence or registration 464 221ZE Authority may permit late renewals 467 221ZF Information to be given to unsuccessful applicants 467 221ZFA Licence and registration document to be returned to Registrar 468 221ZFB Licensed plumber to produce licence for inspection 468 221ZFC Registered plumber to produce registration document for inspection 470 Division 4—Compliance certificates 471 221ZG This Division does not apply to complex gasfitting work 471 221ZH Compliance certificate must be given for most plumbing work 471 221ZI Details that must appear on a compliance certificate 474 221ZJ Details on certificates must be accurate 475 221ZK Only licensed plumbers may sign certificates 476 221ZKA Issue of certificates by the Authority 476 221ZL Meaning of the total value of plumbing work 478 221ZLA Building practitioner must transfer compliance certificate to owner 478 221ZLB Other people must also transfer compliance certificate to owner 479 221ZM Copies of certificates must be kept for 10 years 479 221ZN Provisions concerning the supply of certificate forms 479 Authorised by the Chief Parliamentary Counsel xxi Section Page 221ZO Further obligation for compliance certificates for sanitary drains 481 Division 5—Provisions applying to particular plumbing work 481 221ZP Sanitary drainage and other work must be made available for inspection before being covered 481 221ZPA Information to be provided before work starts 483 Division 6—Insurance orders 483 221ZQ Order requiring insurance 483 221ZR Offence to work as plumber without required insurance 485 221ZS Offence to claim to be insured when uninsured 485 221ZT Further provisions concerning required insurance 485 221ZU Suspension of licence if insurance ceases 486 221ZV Suspension of licence where failure to comply with insurer's direction 487 Division 7—Rectification of defective plumbing work 488 221ZW Inspector or auditor may require plumber to rectify faulty work 488 221ZX Right to apply to VCAT to have a rectification notice cancelled 490 221ZY Plumbing notice to owner/occupier to rectify defective plumbing work 490 221ZZ Owner/occupier may dispute a plumbing notice 491 221ZZA Inspector may cancel plumbing notice 491 221ZZB Plumbing order to rectify defective plumbing work 491 221ZZC Owner/occupier must comply with plumbing order 493 221ZZD Inspector may cancel plumbing order 493 221ZZE Right to apply to the VCAT to have a plumbing order cancelled 493 221ZZF Emergency plumbing order to rectify dangerous plumbing work 494 221ZZG Offence to not comply with emergency plumbing order 495 221ZZH Inspector may cancel emergency plumbing order 496 221ZZI Plumbing notices and orders to be last resort 496 221ZZJ Owner/occupier must report the completion of required work 497 221ZZK Work may be carried out by Authority or plumbing inspector 497 221ZZL Police assistance 498 Division 8—Interpretation and modification of plumbing regulations 498 221ZZM Meaning of plumbing regulations 498 Authorised by the Chief Parliamentary Counsel xxii Section Page 221ZZN Authority may resolve disputes concerning interpretation of plumbing regulations 499 221ZZO Modification of plumbing regulations 501 221ZZP Matters Authority must consider before making a modification declaration 502 221ZZQ Procedure applying to hearings under this Part 503 Division 10—Enforcement 504 221ZZY Enforcement staff 504 221ZZZC Additional powers of plumbing inspectors 507 221ZZZD Compulsory inspections 508 Division 10A—Plumbing infringements 509 221ZZZDA Definitions 509 221ZZZE Plumbing infringement notices 510 221ZZZEA Additional steps required by infringement notice 510 221ZZZEB Proceedings where plumbing infringement notice requiring additional steps is served 511 Division 11—Inquiries and disciplinary action 512 221ZZZF Inquiry by Authority 512 221ZZZFA Immediate suspension of registration or licence of plumber 512 221ZZZG Grounds on which disciplinary action may be taken 514 221ZZZH Procedure concerning inquiries 516 221ZZZI How inquiry to be conducted 517 221ZZZJ Disciplinary powers of Authority 517 221ZZZK Presumption of suspension for repeated offences concerning compliance notices 519 221ZZZKA Person to give notice of cancellation or suspension of licence or registration 520 221ZZZKB Consequences of suspension of licence or registration 520 221ZZZL Revocation of cancellation or suspension of licence or registration 521 221ZZZM Authority may compensate persons suffering loss from unsatisfactory plumbing work 522 221ZZZN Procedures of Authority sub-committee conducting inquiry or taking disciplinary action 522 Division 12—Review of decisions 523 221ZZZP Review by VCAT 523 Division 13—Administrative matters 525 221ZZZR Licensed and registered plumbers must give information to the Authority for the Register of Plumbers 525 Authorised by the Chief Parliamentary Counsel xxiii Section Page 221ZZZS Licensed and registered plumbers must notify Authority of changes to information on the Register of Plumbers 525 221ZZZT Register of Plumbers 526 221ZZZTA Publication of information on Register of Plumbers 528 221ZZZU Minister may specify work to be specialised plumbing work 528 221ZZZV Regulations 529 221ZZZW Incorporation by reference of Plumbing Code of Australia or other document by regulations 532 Part 13—General enforcement provisions 533 Division 1—Powers of Minister in relation to councils 533 222 Order of Minister 533 223 Hearing of council 533 224 Effect of failure to comply with order 534 225 Powers of Minister and authorised persons 534 226 Minister may seek administrative order 535 227 Other powers not affected 535 Division 1B—Inspections of safety and emergency equipment 536 227E Powers of inspection of chief officer and municipal building surveyor 536 Division 2—Information gathering and entry powers 537 Subdivision 1—General 537 227EA Definition of municipal building surveyor for the purposes of this Division 537 227EB Warning about giving information that may incriminate a person 538 Subdivision 2—Powers to require production of information or documents 538 227F Meaning of authorised person in this Subdivision 538 227G Power to obtain information or documents 538 227H Documents or information may be provided by post 539 Subdivision 3—Power to require production of information or documents under court order 539 227I Meaning of authorised person in this Subdivision and interpretation 539 227J Authorised person may seek court order 540 227K Inspection of documents under court order 541 227L Notification of execution of court order 542 Authorised by the Chief Parliamentary Counsel xxiv Section Page Subdivision 4—Authorised persons 542 228 Authorised persons under this Subdivision 542 228A Authorisation of persons as authorised persons 545 228B Authorised person's identification 545 228C Production of identification 547 Subdivision 5—Entry powers 548 228D Power of entry—inspections required or authorised by this Act or regulations 548 228E Entry for monitoring and other purposes 551 228F Notice before entry and search under section 228E with consent 554 228G Acknowledgement of consent to entry and search under section 228E 555 228H Use or seizure of electronic equipment during search under section 228E 557 228I Entry of building or land open to the public 558 228J Entry in emergency 559 228K Entry with warrant for monitoring buildings or land used for residential purposes 561 228L Form and content of warrant 561 228M Entry with search warrant to find evidence of contravention 563 228N Form and content of search warrants 564 228O Seizure of things not mentioned in the warrant 567 228P Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device 568 228Q Announcement before entry 569 228R Copy of warrant to be given to occupier 570 Subdivision 6—Provisions relating to powers under this Division 570 229 Powers of authorised person to require information when exercising power of entry 570 229A Receipt must be given for any thing seized 571 229B Certified copies of seized documents 571 229C Retention and return of seized documents or things 571 229D Magistrates' Court may extend 3 month period for retention of document or thing 572 229E Taking samples 573 229F Refusal or failure to comply with requirement 574 229G Protection against self-incrimination 574 229H Police to assist authorised persons 575 229I Impersonation of authorised person 575 229J Confidentiality 575 Authorised by the Chief Parliamentary Counsel xxv Section Page Subdivision 7—Complaints and register of entry powers 576 230 Register of exercise of powers of entry 576 231 Complaints to the Authority 577 232 Complaints to a council 578 233 Complaints to Energy Safe Victoria 578 234 Complaints relating to the chief officer 578 234A Investigation and report 579 Division 2A—Remedies 579 Subdivision 1—Undertakings 579 234B Undertakings 579 234C Copy of undertaking 581 234D Register of undertakings 581 Subdivision 2—Injunctions 581 234DA Interpretation 581 234E Injunctions 582 234F Consent injunctions 585 234G Interim injunctions 585 234H Variation and discharge of injunctions 585 234I Injunction may be granted during offence proceedings 585 234J Undertakings as to damages and costs 585 Division 3—Evidence and notices 586 235 Evidence of ownership or occupation 586 236 Service of documents—generally 587 237 Service on Boards 589 238 Building surveyor may rely on certificate by other registered building practitioner or endorsed building engineer 589 239 Certificate of Registrar 590 239A No proof required 590 240 Appointment of agents 591 Division 4—Offences and penalties 591 241 Proceedings for offences 591 241A Ineligibility for registration 594 242 Application of penalties 595 242A Offences by partners 596 243 Offences by bodies corporate 596 243A Conduct by officers, employees or agents of bodies corporate 596 244 Offence to hinder or obstruct 598 245 Offences by or relating to registered building practitioners 598 Authorised by the Chief Parliamentary Counsel xxvi Section Page 246 Offence to give false or misleading statements or documents 600 247 Offence relating to disclosure of pecuniary interest 600 248 Offence for agent to act without authority 600 250 Right of owner to carry out required work on occupied building or land 601 251 Occupier or registered mortgagee may carry out work 602 251A Owners corporation may carry out work 604 252 Vacation of building or land 605 253 Powers of court if requirement of authorised person not complied with 606 Division 5—Building infringements 607 254 Definitions 607 255 Building infringements 607 256 Additional steps 608 259 Proceedings where building infringement notice requiring additional steps is served 609 Part 14—General 611 259A Improper use of information 611 259AB Information sharing arrangements 612 259B Authority may provide information to the Director of Consumer Affairs Victoria 617 259BA Certificate evidence—decisions of Authority and predecessor bodies 617 259BB Certificate of Authority 618 259C Authority may disclose cooling tower information 618 260 Supreme Court—limitation of jurisdiction 618 261 General regulation-making powers 619 262 Additional regulation-making powers 625 263 Transitional provisions 629 264 Transitional provisions relating to the Building (Plumbing) Act 1998 629 265 Transitional—Effect of change to Commission's name 629 267 Transitional—proportionate liability 630 269 Transitional—owner-builders 630 270 Transitional—building surveyors 630 271 Transitionals—Building Amendment Act 2012 631 272 Transitional and savings provisions—Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 631 272A Schedule 9—House Contracts Guarantee Repeal Act 2016 632 Authorised by the Chief Parliamentary Counsel xxvii Section Page 273 Transitional and savings provisions—Building Legislation Amendment (Consumer Protection) Act 2016 632 274 Transitional and savings provisions relating to the Building Amendment (Enforcement and Other Measures) Act 2017 632 275 General transitional and savings provisions— Building Amendment (Registration of Building Trades and Other Matters) Act 2018 632 276 Transitional regulations 634 277 Transitional and savings provisions—Building Amendment (Cladding Rectification) Act 2019 635 277A Transitional provision relating to the building permit levy 635 279 Transitional and saving provisions relating to the Building and Environment Protection Legislation Amendment Act 2020 636 280 Transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020 636 281 Transitional and savings provisions relating to the Building Amendment (Registration and Other Matters) Act 2021 638 282 Transitional and savings provisions relating to the Building Amendment (Registration and Other Matters) Act 2021 638 283 Transitional regulations 643 284 Transitional and saving provision relating to the Building Amendment (Registration and Other Matters) Act 2021 644 285 Transitional and saving provisions relating to the Building Legislation Amendment Act 2023 645 286 Transitional regulations 647 287 Transitional and savings provisions—Building Legislation Amendment and Other Matters Act 2024 649 288 Transitional regulations relating to the Building Legislation Amendment and Other Matters Act 2024 649 Authorised by the Chief Parliamentary Counsel xxviii Section Page Schedules 651 Schedule 1—Building regulations 651 Schedule 2—Procedures for building permits and occupancy permits 655 Schedule 3—Membership and procedure of boards 662 Schedule 4—Transitional provisions 675 Schedule 5—Infringement offences 690 Schedule 6—Transitional provisions relating to the Building (Plumbing) Act 1998 691 Schedule 7—Transitional and savings provisions relating to the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 692 Schedule 8—Transitional and savings provisions relating to the Building Legislation Amendment (Consumer Protection) Act 2016 702 Schedule 9—House Contracts Guarantee Act 1987 710 Schedule 10—Transitional and savings provisions relating to the Building Amendment (Enforcement and Other Measures) Act 2017 711 Schedule 11—Transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020 720 ═══════════════ Endnotes 724 1 General information 724 2 Table of Amendments 726 3 Explanatory details 740 Authorised by the Chief Parliamentary Counsel xxix Section Page Authorised by the Chief Parliamentary Counsel xxx  Authorised Version No. 141 Building Act 1993 No. 126 of 1993 Authorised Version incorporating amendments as at 13 November 2024 Part 1—Preliminary 1 Purposes S. 1 substituted by The main purposes of this Act are— No. 54/2007 s. 3. (a) to regulate building work and building standards; and (b) to provide for the accreditation of building products, construction methods, building components and building systems; and (c) to provide an efficient and effective system for issuing building and occupancy permits and administering and enforcing related building and safety matters and resolving building disputes; and (d) to regulate building practitioners, building S. 1(d) amended by employees and plumbers; and No. 40/2021 s. 3. (da) to regulate builders, and enforce offences S. 1(da) inserted by under the Domestic Building Contracts No. 4/2024 Act 1995, in relation to demanding or s. 6. receiving money under a major domestic building contract if the builder has not ensured that the domestic building work to be carried out under the contract is covered by domestic building insurance within the meaning of that Act; and (e) to regulate plumbing work and plumbing standards; and Authorised by the Chief Parliamentary Counsel 1  Building Act 1993 No. 126 of 1993 Part 1—Preliminary (f) to provide for the accreditation, certification and authorisation of plumbing work, products and materials; and (g) to regulate cooling tower systems; and (h) to limit the periods within which building actions and plumbing actions may be brought. 2 Commencement (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 March 1995, it comes into operation on that date. S. 3 (Heading) 3 Definitions and interpretation inserted by No. 4/2024 s. 18. (1) In this Act— S. 3(1) def. of * * * * * appointed day repealed by No. 21/2017 s. 72(2). adjoining occupier means an occupier of an adjoining property; adjoining owner means the owner of an adjoining property; adjoining property means land (including any street, highway, lane, footway, square, alley and right of way) which is so situated in relation to the site on which building work is Authorised by the Chief Parliamentary Counsel 2  Building Act 1993 No. 126 of 1993 Part 1—Preliminary to be carried out as to be at risk of significant damage from the building work; * * * * * S. 3(1) def. of approved auditor inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). approved building manual means a building S. 3(1) def. of approved manual for a building, which has been building approved by the relevant building surveyor manual inserted by under section 41B(1); No. 11/2023 s. 31(1). approved infrastructure contributions plan has S. 3(1) def. of approved the same meaning as in Part 3AB of the infrastructure Planning and Environment Act 1987; contributions plan inserted by No. 7/2018 s. 21. Architects Registration Board of Victoria has the S. 3(1) def. of Architects same meaning as in the Architects Registration Act 1991; Board of Victoria inserted by No. 11/2023 s. 3(2). associate, in relation to a person, means a person S. 3(1) def. of associate who exercises a significant influence over inserted by the person or the operation or management No. 21/2017 s. 3(1). of the person's business; Authority means the Victorian Building Authority S. 3(1) def. of Authority established under section 193; inserted by No. 34/2013 s. 3(a). Authorised by the Chief Parliamentary Counsel 3  Building Act 1993 No. 126 of 1993 Part 1—Preliminary S. 3(1) def. of automatic deemed registration has the same automatic meaning as in section 4(1) of the Mutual deemed registration Recognition Act 1992 of the inserted by Commonwealth; No. 1/2023 s. 3(1). S. 3(1) def. of binding determination means a determination binding determination issued under section 206E by the State inserted by Building Surveyor; No. 11/2023 s. 3(2). building includes structure, temporary building,