Overview
Version No. 146, incorporating amendments as at 1 April 2026.
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the official source for authoritative text.
Victoria act
The Building Act 1993 (Vic) is Victoria's principal statute governing the design, construction, inspection, and occupation of buildings and plumbing systems. It creates the legal framework under which building permits, occupancy permits, and compliance certificates are required, and establishes the licensing and registration system for building practitioners, plumbers, and building surveyors.
The Act sets out when a building permit is required (before carrying out building work) and makes it an offence — attracting up to 500 penalty units for a natural person, 2,500 for a body corporate — to proceed without one. Knowingly doing so is an indictable offence under section 16B, with penalties up to 600 penalty units or five years imprisonment. Building work must also comply with the building regulations and the specific permit conditions.
Building practitioners — including builders, building surveyors, draftspersons, inspectors, and engineers — must be registered with the Victorian Building Authority (VBA), which is established under Part 12 as the statutory regulator. The VBA administers registration, accreditation, the building permit levy, and enforcement across the building and plumbing industries.
Part 12A extends the framework to plumbing work, requiring licensed plumbers across categories including sanitary plumbing, drainage, gasfitting, mechanical services, and fire protection. Compliance certificates must be issued on completion of plumbing work.
Part 9 requires domestic building insurance for registered practitioners doing domestic work, protecting consumers if the practitioner becomes insolvent, dies, or disappears. The 2016 and 2025 amendments significantly expanded consumer protections including cladding rectification subrogation rights.
3,093 words · generated 05/05/2026
Version No. 146, incorporating amendments as at 1 April 2026.
The Building Act 1993 (Vic) is Victoria's comprehensive statute for regulating the construction, alteration, demolition, and occupation of buildings, and the carrying out of plumbing work. It replaces a patchwork of earlier building controls and creates an integrated system built around:
The Act applies to the Crown and public authorities (s. 5), with specific modifications for Crown entities.
Direct links to the current provisions in Building Act 1993.
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
View on official registerSourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
The Building Appeals Board (Part 10) hears appeals against permit refusals, building orders, and disciplinary decisions, and handles domestic building work disputes. Enforcement powers under Part 13 include inspection, information-gathering, and court-order remedies. Eleven Schedules cover regulation-making powers, permit procedures, board governance, and transitional provisions from multiple amending Acts.
Building work (s. 3): work for or in connection with the construction, demolition, or removal of a building. The definition is broad and includes fitouts and alterations where they affect structure or fire safety.
Building permit (Part 3): the primary approval document issued by the relevant building surveyor before any building work may lawfully commence. It specifies the conditions of approval, required inspection stages, and the type of work authorised.
Occupancy permit (Part 5): a separate permit required before a building may be occupied. It certifies that the building is safe and suitable for use. Without an occupancy permit, occupation is unlawful.
Relevant building surveyor (s. 3): either the municipal building surveyor or an appointed private building surveyor. This person is the primary decision-maker on applications for building permits, decisions on directions to fix building work, and final inspection certificates.
Private building surveyor (s. 3): a building surveyor registered under Part 11, distinct from the council employee acting as municipal building surveyor. Owners can engage a private building surveyor as an alternative to the council's surveyor.
Owner (s. 3): the person registered or entitled to be registered as proprietor under the Transfer of Land Act 1958, or equivalent for other land tenure types. The owner bears primary obligations for compliance with the Act.
Domestic building work (s. 3): has the same meaning as in the Domestic Building Contracts Act 1995. This distinction matters for insurance obligations and for the definition of who must carry consumer protections.
Victorian Building Authority (Part 12, Division 2): the statutory body responsible for registering building practitioners and licensed plumbers, administering the building permit levy, accrediting building products, and enforcing the Act.
Building permit levy (Part 12): a levy payable on the cost of building work, administered by the VBA. The levy is a significant revenue mechanism that funds regulatory functions.
Penalty units: the Act extensively uses penalty units as the unit of fine. For a natural person, the maximum for the principal building permit offences is 500 penalty units (summary) and 600 penalty units or five years imprisonment (indictable under s. 16B). Bodies corporate face a multiplier of five times the natural person rate.
The Act affects a broad range of parties:
Before building work commences:
Notification obligations:
During construction:
On completion:
Registration and licensing:
Insurance:
Relevant building surveyor:
Victorian Building Authority:
Minister:
Building Appeals Board:
Building work offences:
Non-compliance with orders:
Practitioner offences:
Plumbing infringement offences (Schedule 5):
The infringement notice scheme for minor plumbing offences allows VBA to issue on-the-spot infringement notices for contraventions including:
Improper use of information:
Enforcement machinery:
Part 13 establishes general enforcement mechanisms including authorised officer entry powers, information-gathering powers, infringement notices, and court remedies. Courts can make orders for compliance, remediation, and costs.
Building permits:
Registration of building practitioners (Part 11):
Plumbing work (Part 12A):
Appeals to Building Appeals Board (Part 10):
The Act explicitly connects with and cross-references a number of other statutory regimes:
Owner-builders and the consent certificate requirement:
Division 3A of Part 3 requires an owner-builder certificate of consent from the VBA before the relevant building surveyor can issue a building permit to an owner-builder. Owner-builders also face statutory warranty obligations on resale under s. 137C and related provisions. These are commonly overlooked during property transactions.
The occupancy permit is separate from the building permit:
A building permit authorises the work; it does not authorise occupation. A separate occupancy permit (Part 5) must be obtained before the building is used. Many owners assume the final inspection certificate is sufficient. It is not. Occupation without an occupancy permit is a separate offence.
Domestic building insurance must be in place before work commences:
Part 9, Division 3 requires the insurance to be obtained before commencing domestic building work above the prescribed value. A builder who starts without insurance is exposed to penalties and the policy may be unavailable if a claim later arises.
The limitation of actions regime in Division 2 of Part 9 does not apply retrospectively:
Schedule 4 provides that Division 2 of Part 9 (limitation of actions) does not apply to building work commenced, or for which a permit application was made, before the commencement of the relevant clause. This protects certain pre-Act claims but can create confusion when multiple time limits are potentially applicable.
Mutual recognition does not guarantee automatic registration:
The High Court in Victorian Building Authority v Andriotis [2019] HCA 22 confirmed that the VBA retains the ability to refuse registration to an interstate practitioner on character grounds under the Mutual Recognition Act 1992 (Cth). An interstate practitioner with registration in their home state is entitled to lodge a notice but is not guaranteed registration if there are fitness concerns grounded in the character exception.
Plumbing work and building work are separately regulated:
Part 12A creates a parallel licensing and compliance regime for plumbing work, distinct from the building permit system. A building permit does not authorise plumbing work; a licensed plumber must be separately engaged, and compliance certificates must be filed. Confusing the two regimes causes compliance gaps.
Building notices versus building orders:
A building notice (Division 2 of Part 8) requires the recipient to show cause why a building order should not be made. A building order is the final enforcement step and can require demolition, repairs, or cessation of use. Non-compliance with a building order is a separate and serious offence under s. 118.
Example 1: Residential extension without a permit
A homeowner adds a room to their house without obtaining a building permit. Under s. 16(1), carrying out building work without a permit in force is an offence. The relevant building surveyor can issue a building order requiring the owner to obtain a permit retrospectively or, if the work cannot be approved, to demolish the extension. The owner may also face a 500 penalty unit fine. If the homeowner later sells the property, the absence of a permit will be revealed in a building records search, potentially affecting the sale.
Example 2: Registration and interstate practitioners
A building surveyor registered in Western Australia seeks to work in Victoria by lodging a notice under s. 17 of the Mutual Recognition Act 1992 (Cth). The VBA must accept the notice and grant registration unless an exception applies. Under Victorian Building Authority v Cau [2023] FCAFC 120, the FCAFC confirmed that the equivalence of occupations under the mutual recognition framework requires comparing the activities authorised in each state. Where activities are not substantially the same, the mutual recognition entitlement does not arise. The VBA may require further assessment or refuse registration on that basis.
Example 3: Cladding defects and insurance subrogation
A building with non-compliant aluminium composite cladding is subject to a VBA rectification order. The owners' corporation pays for rectification and seeks to recover from the original builder. Under Division 4 of Part 9, the VBA or owners can exercise subrogation rights under domestic building insurance policies to pursue the liable parties. The insurer steps in to manage the recovery action.
Example 4: Plumbing compliance certificate
A licensed gasfitter completes gas fitting work in a commercial kitchen. Under Part 12A, Division 4, the gasfitter must issue a compliance certificate for the work. If the certificate is not issued, the building owner cannot demonstrate compliance to the relevant authority and may face difficulty obtaining an occupancy permit or satisfying insurance requirements. A VBA plumbing inspector can attend the site under Division 10 powers and, if work is defective, issue a direction for rectification.
Example 5: Building Appeals Board dispute
A developer disputes a municipal building surveyor's refusal to issue an occupancy permit on the basis that the building does not comply with fire safety requirements. The developer lodges an appeal with the BAB under Division 1 of Part 10. The BAB can hear evidence from both sides, including from technical experts, and has power to affirm, vary, or set aside the surveyor's decision. The BAB can also impose conditions on any amended approval.