28Who is a building surveyor

### 28 Who is a building surveyor > > (1)  A building surveyor is a building services provider who is engaged by the owner of premises to perform or exercise, in respect of the premises, the functions or powers of a building surveyor under this Act. > > > (2)  A person must not accept an engagement to perform the functions or exercise the powers of a building surveyor, in respect of work performed on premises, if the person – > > > > > > (a) does not hold a licence under the [Occupational Licensing Act 2005](/view/html/inforce/2026-04-12/act-2005-047) that authorises him or her to perform those functions, or exercise those powers, of a building surveyor; or > > > > > > > (b) has performed, or is required under the Act to perform, the functions or powers of a permit authority in respect of the work; or > > > > > > > (c) has provided professional advice in respect of the work in accordance with [section 33](#GS33@EN) ; or > > > > > > > (d) is the owner of the premises where the work is to be performed; or > > > > > > > (e) was an employee of the owner of the premises immediately before he or she was engaged as a building surveyor for the premises; or > > > > > > > (f) is named, or is to be named, on a permit in relation to the work as the licensed builder or building services provider, or is an employee of the licensed builder or building services provider so named; or > > > > > > > (g) is a private consultant of a person referred to in [paragraph (d)](#GS28@Gs2@Hpd@EN) or [(f)](#GS28@Gs2@Hpf@EN) in respect of the work; or > > > > > > > (h) is the employer of a person referred to in [paragraph (f)](#GS28@Gs2@Hpf@EN) or of persons performing building contracts generally; or > > > > > > > (i) has prepared, or reviewed, the design for the building work or a performance solution proposed as part of the work; or > > > > > > > (j) was employed in the immediately preceding 12-month period by a designer of the work; or > > > > > > > (k) has a direct, or indirect, pecuniary interest in – > > > > > > > > > > (i) the designer of the work; or > > > > > > > > > > > (ii) the work or premises where the work is to be performed; or > > > > > > > > > > > (iii) any other person associated with the work or premises where the work is to be performed; or > > > > > > > (l) has a potential conflict of interest between his or her functions as a building surveyor and his or her personal or business interests. > > > > Penalty:  In the case of – > > > > > > (a) a natural person, a fine not exceeding 100 penalty units; or > > > > > > > (b) a body corporate, a fine not exceeding 500 penalty units. > > > (3)  A person must not accept an engagement as a building surveyor unless – > > > > > > (a) the prospective building surveyor has provided, to the person engaging the person as a building surveyor, a complete schedule of fees that may be charged by the building surveyor in the course of the engagement; and > > > > > > > (b) the person engaging the building surveyor has agreed to that schedule of fees. > > > > Penalty:  In the case of – > > > > > > (a) a natural person, a fine not exceeding 100 penalty units; or > > > > > > > (b) a body corporate, a fine not exceeding 500 penalty units. > > > (4)  The Minister may, by notice in the *Gazette*, appoint the Director of Building Control as building surveyor, or to undertake the functions of a building surveyor that are specified in the notice, on the terms and conditions specified in the notice.