Overview
Version No. 146, incorporating amendments as at 1 April 2026.
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Victoria act
This Act sets the rules for building and plumbing work in Victoria: who may do the work, how building and occupancy permits are issued, product and practitioner accreditation, levy and insurance requirements, and enforcement (including injunctions and penalties). It creates administrative bodies, registers and procedural steps that must be followed to start, suspend or finish work. It affects owners, builders, registered practitioners, councils and regulators — they pay levies/insurance, seek permits and certifications, and are subject to inspections, orders and penalties; building surveyors and the Authority make the key compliance decisions.
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.
25A Notice of ending of engagement of builder 72
25AB Notice to relevant building surveyor of subsequent engagement of builder 73
25AC Change of builder on building permit 74
25AD Relevant building surveyor to notify Authority and relevant council of certain information 74
25AE Suspension of building permit 75
25B Restrictions on owner-builder 76
Division 3AA—Issue of building permit number by the Authority 78
25BA Issue of building permit number 78
25BB Authority may refuse to issue building permit number 79
25BC Authority must decide to issue building permit number within prescribed period 79
25BD Authority must notify applicant of refusal to issue building permit number 80
25BE Authority must notify council of issue of building permit number 80
25BF Review by VCAT of refusal to issue building permit number 80
Division 3A—Certificates of consent for owner‑builders 81
25C Application for owner-builder certificate of consent 81
25D Further particulars 81
25E Decision on application for certificate of consent 81
25F Applications in relation to land owned by related bodies 84
25G Certificate of consent 85
25H Register of certificates 86
25J Review by VCAT 86
Division 4—Special provisions 87
26 Prescribed places of public entertainment 87
28 Historic buildings and special buildings 87
29 Subdivision 88
29A Application for building permit for demolition 89
29B Suspension of demolition permit pending amendment of planning scheme 90
Division 5—Register and records 92
30 Relevant building surveyor to give copies of permits and documents to council 92
30A Authority may approve checklist of documents to be certified 93
30B Relevant building surveyor must certify that documents given to council 93
31 Register of building permits 93
32 Keeping of records 94
32A Council to notify Development Victoria of issue of building permit 94
Part 4—Inspection of building work 96
Division 1—Inspections 96
33 Notification during building work 96
34 Inspections at mandatory notification stages 97
35 Inspection of building work—general powers 97
35A Record of inspection of building work 97
35B Persons carrying out inspections must be registered practitioners or prescribed persons 97
Division 2—Directions to fix building work 98
37 Definitions 98
37A Direction by relevant building surveyor to fix building work 99
37B Direction by authorised person to fix building work 99
37C Method of giving directions 100
37D Written direction if oral direction not complied with 100
37E Requirements of directions to fix building work 101
37F Written directions to fix building work 101
37G Extension of time to comply with direction 102
37H Offences relating to compliance with direction 102
37HA Operation of direction may be stayed 103
37I Direction may be revoked 103
37J Relevant building surveyor or authorised person must give copies of directions and other notices to owner 104
37K Notice to owner and Authority of non‑compliance with direction 105
Division 3—Certificates of final inspection 105
38 Certificate of final inspection 105
Part 5—Occupation of buildings and places of public entertainment 106
Division 1—Occupancy permits (building work) 106
39 Occupancy permit must be obtained 106
40 Occupation must be in accordance with permit 107
41 Applications for occupancy permits 107
41A Requirement to provide a draft building manual with an application for an occupancy permit 107
41B Approval of building manual 108
42 Schedule 2 to apply 108
43 Decision on application for occupancy permit 109
44 Refusal of occupancy permit 109
44A Applicant for occupancy permit must give approved building manual to owners corporation 110
44B Owners corporation must update an approved building manual 110
44C Owner of building must update an approved building manual 110
44D Offence to include false or misleading information in a building manual 111
45 Form of occupancy permit 111
46 Effect of occupancy permit 112
47 Reporting authority to be notified of occupancy permit 112
48 Reasons for refusal to be given 112
Division 2—Occupancy permits (places of public entertainment) 112
49 Public entertainment not to be conducted at place without occupancy permit 112
50 Place not to be used for public entertainment without occupancy permit 113
51 Use of place of public entertainment must be in accordance with permit 113
52 Use of prescribed temporary structure must be in accordance with permit 113
53 Applications for occupancy permits 114
54 Schedule 2 to apply 114
55 Refusal of occupancy permit 114
56 Decision on application for occupancy permit 115
57 Prescribed temporary structures—special provisions 115
58 Effect of occupancy permit 116
59 Form of occupancy permit 116
60 Reporting authority to be notified of occupancy permit 116
61 Owner to notify others of occupancy permit 117
62 Reasons for refusal to be given 117
63 Inspection of places of public entertainment 117
Division 3—Temporary occupation of buildings 118
64 Temporary occupation of buildings 118
65 Who may apply for approval? 118
66 Form of application 118
67 Determination of applications 119
68 Form of approval 119
69 Reasons for refusal to be given 119
Division 4—Amendment and cancellation of permits and approvals 120
70 Amendment of permit or approval 120
71 Cancellation of permit or approval if fraud or misrepresentation 120
72 Cancellation of occupancy permit on other grounds 121
Division 5—Register and records 121
73 Relevant building surveyor to give copies of documents to council 121
74 Register of occupancy permits and temporary approvals 122
75 Keeping of records 122
Part 6—Private building surveyors 124
Division 1—Appointments of private building surveyors 124
76 Functions of private building surveyor 124
77 Additional functions 124
78 When may a private building surveyor be appointed? 124
78A Offence to accept appointment of private building surveyor if unregistered 126
78B Private building surveyor prohibited from delegating functions unless authorised 126
79 Circumstances in which private building surveyor may not act 126
80 Private building surveyor to notify council 129
80A Designated building surveyors 129
80B Duties of designated building surveyors 130
Division 1A—Transfer of functions of private building surveyor 131
80C A private building surveyor may transfer functions relating to building work to another building surveyor 131
80D Authority may direct transfer of functions of employee building surveyor 133
Division 2—Termination of appointment with consent of Authority 135
81 Termination of appointment 135
82 Directions of Authority 136
83 Effect of transfer of functions 137
Division 3—Appointment by Authority of manager of business of private building surveyor 138
Subdivision 1—Preliminary 138
83A Definition 138
Subdivision 2—Appointment of manager 138
83B Appointment of manager 138
83C Who may be appointed as a manager? 139
83D Terms of appointment 140
83E Conditions on appointment of manager 140
83F Notice of appointment 141
83G Effect of service of notice of appointment 141
Subdivision 3—Management of business 142
83H Powers of manager 142
83I Powers of entry etc. 142
83J Acts of manager taken to be acts of private building surveyor 145
83K Protection from liability 145
83L Payment of expenses of management 145
83M Business accounts 146
83N Records and accounts of business under management 146
83O Reports by manager 147
83P Deceased estates 147
Subdivision 4—Termination of appointment 148
83Q Termination of manager's appointment 148
Subdivision 5—Applications to VCAT 149
83R Review of decision to appoint manager 149
83S Directions of VCAT 150
Subdivision 6—General 150
83T Confidentiality 150
83U Offence to obstruct manager 151
83V Owner may recover money paid to private building surveyor 151
Part 7—Protection of adjoining property 153
84 Notice of building work to be given 153
84A Owner must make reasonable inquiries to find name and address of adjoining owner 153
84B Council may disclose name and address of owner of adjoining property 154
85 Adjoining owner must respond to notice 154
86 Effect of agreement 155
87 Effect of disagreement or request for further information 155
88 Work not to be carried out until protection requirements met 156
89 Emergency procedures 157
90 Absent or incapable owners 158
91 Appointment of agent for adjoining owner 158
92 Adjoining owner may inspect plans 159
93 Owner to arrange insurance cover 159
94 Survey of adjoining property 161
95 Entry on adjoining property 161
96 Adjoining owner and adjoining occupier not to obstruct owner 162
97 Expenses of adjoining owner 163
98 Compensation 163
99 Liability not affected 163
100 Saving for easements 163
101 Lodgment of plans after completion of protection work 164
Part 8—Enforcement of safety and building standards 165
Division 1—Emergency orders 165
102 Emergency orders 165
103 Orders to vacate 165
104 Orders to owners, occupiers or builders 166
105 Form and service of emergency order 167
105A Duration of order 167
105B Cancellation of emergency order 168
Division 2—Building notices and building orders 168
106 Building notices 168
107 Actions by private building surveyors 169
108 Contents and form of building notice 170
109 Representations by owner 171
110 Cancellation of building notice 171
111 Building orders—general 171
112 Building orders to stop building work 173
113 Building orders—minor work or action 174
114 Form and service of building order 176
115 Failure to comply with order by private building surveyor 176
116 Amendment or cancellation of certain building orders 176
117 Duration of order 177
Division 3—General 177
118 Contravention of emergency order or building order 177
118A Building notices and building orders to be last resort 178
119 Building permit not required 178
120 Completion of work required by emergency order or building order 178
121 Work may be carried out by municipal building surveyor 179
122 Minister may authorise action where immediate danger 179
123 Recovery of costs 179
124 Police assistance 180
125 Relevant building surveyor to notify council 180
126 Register of orders 181
Part 9—Liability 182
Division 1—Immunity 182
127 Immunity for Commissioners and staff 182
127AA Immunity for Building Monitor and acting Building Monitor 182
127A Immunity for members of public authorities and staff 183
128 Immunity for building surveyor relying on certificate 183
128A Immunity for building surveyor in relation to approving a draft building manual 184
Division 2—Limitation of actions 184
129 Definitions 184
130 Division not to affect certain matters 184
134 Limitation on time when building action may be brought 185
134A Limitation on time when plumbing action may be brought 186
Division 3—Insurance 187
135 Order requiring insurance 187
136 Offence to work as building practitioner or engineer without required insurance 189
137 Offence to claim to be insured when uninsured 190
137AA Insurance for domestic building work to be provided by designated insurers 190
137A Insurance for domestic building work 192
137B Offence for owner-builder to sell building without report or insurance 194
137C Warranties for purposes of homes under section 137B 199
137D Insurance requirements for the purposes of homes under section 137B 200
137E Insurance requirements for home sold before completion 201
Division 4—Cladding rectification subrogation 202
137F Subrogation 202
137G Repayment of financial assistance 204
Part 10—The Building Appeals Board and its jurisdiction 205
Division 1—Rights of appeal 205
138 Building and occupancy permits 205
138A Directions to fix building work 206
139 Temporary occupation of buildings 206
140 Private building surveyors 207
141 Protection work 208
142 Building notices and orders 208
144 Appeals—Building regulations 209
144A Appeals—Building and Construction Industry Security of Payment Act 2002 210
Division 2—Appeals 210
145 Division additional to other powers 210
146 Effect of decisions under appeal 211
147 Fast track appeals 211
148 Nature of an appeal 212
149 What action can be taken on appeal? 212
Division 3—Disputes 213
150 Disputes about inspections 213
151 Emergency protection work 214
152 Insurance 214
153 Surveys of adjoining property 214
154 Cost of supervising protection work 214
155 Other disputes between owners and adjoining owners 214
156 Disputes about the building permit levy 215
157 Application and effect of building regulations 215
158 Party walls 216
Division 4—Other proceedings 216
159 Compensation—protection work 216
160 Modification of building regulations 216
160A Application for determination in respect of building design 218
160B Application for modification of building regulations relating to access for persons with disabilities 219
Division 5—Powers concerning disputes and other proceedings 224
161 General powers 224
162 Special powers—modification of regulations 225
163 Agreements 226
164 Termination and variation of agreements 227
165 Lodging and recording of agreements 228
Division 6—The Building Appeals Board 229
166 Establishment and membership of Building Appeals Board 229
168 Register 231
Part 11—Registration of building practitioners 232
Division 1—Offences 232
169 Representation in relation to registration 232
169AA Certain registered builders must not act as head builders 233
169A Representation in relation to domestic building work 234
169B Representation in relation to work as a building surveyor 235
169C Representation in relation to work as a building inspector 235
169D Offence to carry out work as a building practitioner unless registered 235
169EA Offence to carry out certain types of building work unless registered or licensed 237
169EB Authority may grant exemption from offence against section 169EA(1) 239
169F Offence to carry out domestic building work under a major domestic building contract 242
169FA Offence to engage an unregistered subcontractor 244
169FB Offence to direct or require a person to carry out certain building work 246
169G Building practitioner body corporate must have at least one nominee director 248
169H Advertisements or written statements by registered building practitioners 249
169I Advertisements or written statements by partnerships 249
169J Exception for certain organisations 250
169K Offences for unregistered engineers 250
Division 1A—Registration 251
Subdivision 1—Application for registration 251
170 Who may apply for registration? 251
170A Application for registration—general 252
170AB Proof of insurance for persons intending to rely on automatic deemed registration 253
170B Authority may conduct inquiries and require further information 253
170C Consent to disclosure of information 254
170D Change to information in application 254
Subdivision 2—Registration 255
171 Registration 255
171A Additional requirements for registration—bodies corporate—general 259
171B Additional requirements for registration—nominee directors 260
171C Additional requirements for applicant who is member of partnership 262
171D Personal probity requirements 263
171E Financial probity requirements 264
171F Excluded persons 269
171G Issue of certificate of registration 272
171GA Issue of registration card 272
171H Conditions on registration 273
171I Period of registration 274
171J Issue of replacement certificate of registration or registration card 275
Subdivision 3—Annual fee, proof of insurance and training plan report 275
172 Annual fee, proof of insurance and training plan report 275
Subdivision 4—Renewal and surrender of registration 277
173 Renewal of registration 277
173A Authority may permit late renewals 279
173B Surrender of registration 280
Subdivision 5—Nominee directors 280
174 General duty of nominee director 280
Subdivision 6—Register of Building Practitioners 280
175AA Definitions 280
175 The Register of Building Practitioners 281
175A Time for inclusion of information in the Register of Building Practitioners 282
175AB Registered building practitioner must give information to the Authority for the Register of Building Practitioners 283
175B Changes to information on the Register of Building Practitioners 283
175C Authority to be advised of nominee director changes 284
175D Publication of information on Register of Building Practitioners 284
Subdivision 7—General 284
176 Certificate of registration to be returned to Authority 284
176A Registered building practitioner or endorsed building engineer to produce certificate of registration for inspection 285
Division 2—Codes of conduct for building practitioners 287
177 Authority may approve codes of conduct for building practitioners 287
177A Code of conduct prepared by Authority or industry 287
177B Code of conduct must be published 288
177C Commencement of code of conduct 288
177D Building practitioners must comply with approved code of conduct 289
Division 3—Disciplinary proceedings and action 290
Subdivision 1—Preliminary 290
177E Application of Division to endorsed building engineers 290
178 Meaning of disciplinary action 291
178A Division applies to suspended practitioners 292
Subdivision 2—Grounds for disciplinary action 293
179 Grounds for disciplinary action 293
179A Conduct of body corporate or partnership to be conduct of building practitioner director or partner 297
179B Mandatory cancellation of registration if practitioner is not a fit and proper person 297
Subdivision 3—Immediate suspension of registration 298
180 Grounds for immediate suspension 298
180A Immediate suspension of registration 299
180B Period of suspension 301
180C Period of grace where director dies or resigns or is removed or disqualified 302
Subdivision 4—Ability to practise 303
181 Ability to practise 303
181A Revocation of suspension 303
Subdivision 5—Show cause process 304
182 Show cause notice 304
182A Representations about show cause notice 305
182B Decision about whether to take disciplinary action 306
182C Ending show cause process without further action 306
182D Disciplinary or other action by Authority on giving of undertaking 306
182E Taking disciplinary action after show cause notice 308
Subdivision 6—General provisions relating to disciplinary action 309
183 Notice of decisions 309
183A Building practitioner to give notice 310
183B Complaint privileged 310
183C Consequences of suspension of registration 311
183D Revocation of suspension 311
183E Authority may recover penalties 311
Division 4—Review of decisions relating to building practitioners 312
Subdivision 1—Preliminary 312
184 Definitions 312
184A Application of Division to endorsed building engineers 313
Subdivision 2—Internal review 313
185 Applying for internal review 313
185A Who may conduct an internal review? 314
185B Internal review 315
185C Review decisions 316
185D Notice of review decision 316
Subdivision 3—Review by VCAT 317
186 Application for review by VCAT of reviewable decision 317
187 Proceedings and decision 318
Part 11A—Licensing of building employees 319
Division 1—Building employee licence 319
Subdivision 1—Application to be licensed 319
187A Natural person may apply for a licence 319
187B Application to be licensed 320
187C Authority may conduct inquiries and require further information 320
187D Consent to disclosure of information 321
187E Change to information in application 321
Subdivision 2—Licensing 322
187F Grant of licence other than provisional licence 322
187G Grant of provisional licence 323
187H Conditions of licence 325
187I Period of licence granted under this Part 325
187J Issue or return of licence certificate 326
187K Issue of replacement licence certificate 327
Subdivision 3—Periodic licence fee, statement and training plan report 328
187L Periodic licence fee, statement and training plan report 328
187M Surrender of licence 329
Subdivision 4—General 329
187N Register of Building Employees 329
187NA Licensed building employees must give information to the Authority for the Register of Building Employees 329
187NB Licensed building employee must notify Authority of changes to information on the Register of Building Employees 330
187O Licensed building employee to produce licence certificate for inspection 330
Division 2—Disciplinary proceedings and actions 331
Subdivision 1—Preliminary 331
187P Meaning of disciplinary action 331
187Q Division applies to suspended building employees 332
Subdivision 2—Grounds for disciplinary action 332
187R Grounds for disciplinary action 332
Subdivision 3—Show cause process 333
187S Show cause notice 333
187T Representations about show cause notice 334
187U Decision about whether to take disciplinary action 334
187V Ending show cause process without further action 335
187W Disciplinary or other action by Authority on giving of undertaking 335
187X Taking disciplinary action after show cause notice 335
Subdivision 4—General provisions relating to disciplinary action 336
187Y Notice of decisions 336
187Z Complaint privileged 337
187ZA Consequences of suspension of licence 337
187ZB Revocation of suspension 337
Division 3—Review of decisions relating to licensed employees 337
Subdivision 1—Preliminary 337
187ZC Definitions 337
Subdivision 2—Internal review 338
187ZD Applying for internal review 338
187ZE Persons who may conduct an internal review 339
187ZF Internal review 339
187ZG Review decisions 339
187ZH Notice of review decision 340
Subdivision 3—Review by VCAT 341
187ZI Application for review by VCAT of reviewable decision 341
187ZJ Proceedings and decision 341
Part 12—Building administration 343
Division 1—Role of Minister 343
188 Guidelines 343
188AA Ministerial directions to building surveyors 344
188A Decision guidelines on design and siting of, and access to and egress from, single 345
189 Delegation of Minister's functions 346
190 Minister may require Authority to act as building surveyor 347
191 Administration and enforcement outside municipal district 347
192 Alpine resorts 348
192A Designated bushfire prone areas 349
192B Declaration prohibiting use of high risk external wall cladding products 350
Division 2—Victorian Building Authority 353
Subdivision 1—Establishment 353
193 Establishment of Authority 353
194 Authority is a body corporate 353
195 Authority accountable to Minister 354
196 Authority to comply with certain directions by gas safety Minister 354
197 Functions of the Authority 354
198 General powers of the Authority 358
199 Delegation by the Authority 358
Subdivision 2—VBA Board and staff of the Authority 359
200 Victorian Building Authority Board 359
201 Appointment of Commissioners to VBA Board 359
202 Application of Schedule 3 360
203 Chief executive officer 360
204 Authority staff 361
Subdivision 2A—VBA inspectors 362
204A Appointment of inspectors 362
204B VBA inspector's identification 363
204C Production of identification 363
Subdivision 3—Victorian Building Authority Fund 364
205 Establishment and structure 364
205A Payments into Building account 364
205B Payments out of the Building account 367
205C Payments into the Plumbing account 369
205D Payments out of the Plumbing account 369
205DA Payments into the Cladding Safety Victoria account 370
205DB Payments out of the Cladding Safety Victoria account 371
205DBA Payments into the Insurance account 372
205DBB Payments out of the Insurance account 372
205E Authority may invest funds 373
205F Authority may engage agent in administering Victorian Building Authority Fund 373
205FA Regulations 373
Subdivision 4—Building permit levy 373
205G Building permit levy must be paid 373
205GA Applicant must pay building permit levy 376
205H Building permit application must contain information about cost of the building work 377
205HA Relevant building surveyor must refuse building permit in certain circumstances 380
205I Calculation and notification of levy 382
205J Offence for person not to remit levy to Authority 386
205K Authority may recover unpaid levy 386
205KA Authority must be notified of increased or decreased building costs 386
Subdivision 4A—Reassessments of levy by the Authority after permit issued 388
205L Authority may reassess levy after building permit issued 388
205LA Authority must take into account matters in reassessing levy 390
205LB Authority to give notice of additional levy to be paid 390
205LBA Authority to give notice of refund 392
205LC Authority may impose amount of penalty levy 393
205LD Person given notice must pay any additional levy and penalty levy 394
205LE Authority may recover additional levy assessed by Authority and penalty levy 394
205LF Review by VCAT 395
Subdivision 4B—Assessments of levy by the Authority for unauthorised building work 395
205LG Levy may be payable for work carried out without a permit 395
205LH Assessment of levy 396
205LI Authority may impose amount of penalty levy 397
205LJ Authority may charge costs of assessing levy 397
205LK Authority to give notice of assessment 397
205LL Person given notice must pay levy, penalty levy and costs of Authority 398
205LM Authority may recover levy assessed by Authority, penalty levy and costs 398
205LN Review by VCAT 398
Subdivision 5—Specific powers of Authority relating to building surveyors 399
205M Directions and recommendations in relation to building surveyors 399
205N Authority may act as municipal building surveyor—general 400
205O Effect of Authority acting as municipal building surveyor 401
205P Authority as relevant building surveyor for certain occupancy permits 402
205Q Building surveyor not to carry out function 402
205R Minister's guidelines apply to applications to Authority 402
Division 3—State Building Surveyor 403
206 Appointment of State Building Surveyor 403
206A Objectives of the State Building Surveyor 405
206B Functions of the State Building Surveyor 405
206C Powers of the State Building Surveyor 407
206D Delegation powers of the State Building Surveyor 407
206E State Building Surveyor may issue binding determinations 408
Division 3A—Building Monitor 409
Subdivision 1—Definition in this Division 409
207 Definition 409
Subdivision 2—Appointment of Building Monitor 409
208 Appointment of Building Monitor 409
208A Vacancy in office of Building Monitor 410
208B Removal from office of Building Monitor 411
208C Acting Building Monitor 411
208D Validity of decisions of Building Monitor 412
Subdivision 3—Objectives, functions and general powers of Building Monitor 412
208E Objectives of the Building Monitor 412
208F Functions of the Building Monitor 413
208G General powers of the Building Monitor 414
208H Staff 414
208I Delegation 414
Subdivision 4—Strategic plan 414
208J Building Monitor must implement a strategic plan 414
Subdivision 5—Information gathering powers of Building Monitor 416
208K Building Monitor may request information or data from certain persons or bodies 416
208L Building Monitor must not publish certain information or data 417
208M Improper disclosure or use of information or data 417
Subdivision 6—Establishment of Building Monitor Reference Group 418
208N Minister may establish a Building Monitor Reference Group 418
208O Review of Building Monitor Reference Group 420
Subdivision 7—Building Monitor Issues Report 420
208P Building Monitor Issues Report 420
Subdivision 8—Review of office of Building Monitor 423
208Q Review of office of Building Monitor 423
Division 4—The Building Regulations Advisory Committee 423
209 Establishment of Committee 423
210 Membership and procedure 423
211 Functions of Committee 426
Division 4A—Plumbing Advisory Council 427
211A Establishment of Council 427
211B Membership and procedure 427
211C Functions 429
Division 5—Role of councils 429
212 Council to administer building provisions in its municipal district 429
213 Appointment of municipal building surveyor 430
214 Agreements with councils or the Authority 430
215 Agreement with private building surveyor 431
216 Council to charge commercial rates for work outside municipal district 432
216A Exemption from functions in relation to certain permits 432
216B Delegation by municipal building surveyor 433
216C Role of municipal building surveyor outside municipal district 433
216D Register of swimming pools 435
Division 6—The Crown and public authorities 437
217 Application of Act to the Crown and public authorities 437
219 Municipal building surveyor not required to inspect building work 438
220 Guidelines for Crown and public authority buildings 438
221 Authorised building surveyor 439
Part 12A—Plumbing work 440
Division 1—Preliminary matters 440
221A Purpose of this Part 440
221B Definitions applying to this Part 440
221C Meaning of plumbing work 445
Division 2—Restrictions concerning the carrying out of plumbing work 446
221D Plumbing work only to be carried out by licensed or registered plumbers 446
221E Restrictions concerning work for which compliance certificate required 447
221F Restriction concerning specialised plumbing work 448
221FA Plumbing work must comply with this Part and regulations 449
221G Obligations on licensed plumbers concerning their agents 449
221H People involved in a plumbing business need not be licensed or registered 449
221HA No entitlement to consideration under contract 450
221I Person must not use the title "plumber" or "plumbing practitioner" unless licensed or registered 452
221J Person must not use the title "drainer" unless licensed or registered 453
221K Person must not use the title "gasfitter" unless licensed or registered 453
221L Exceptions to sections 221I–221K 454
Division 3—The licensing and registration of plumbers 455
221M Licensing as a plumber 455
221N Endorsement to carry out specialised plumbing work 456
221O Registration as a plumber 457
221OA Endorsement to carry out specialised plumbing work—registered plumbers 458
221P Provisional registration 460
221Q Restricted licences 461
221R Restricted registration 462
221S Authority may refuse to license or register certain persons 463
221T Application for licensing or registration as a plumber 464
221U Authority may conduct inquiries and require further information 466
221UA Consent to disclosure of information 466
221V Offence to give false information 467
221VA Police record check on applicant 467
221W Temporary licence or registration 467
221X Authority may impose conditions on licensing or registering person 469
221Y Duplicate licences and registration documents 469
221Z How long licensing and registration last 470
221ZA Plumbers must notify Authority of change of contact details 471
221ZB Application for renewal of licence or registration as a plumber 471
221ZC Authority may require further information 473
221ZD Renewal of licence or registration 473
221ZE Authority may permit late renewals 476
221ZF Information to be given to unsuccessful applicants 476
221ZFA Licence and registration document to be returned to Registrar 477
221ZFB Licensed plumber to produce licence for inspection 477
221ZFC Registered plumber to produce registration document for inspection 479
Division 3A—Codes of conduct for plumbers 480
221ZFD Authority may approve code of conduct for plumbers 480
221ZFE Code of conduct prepared by Authority or industry 480
221ZFF Code of conduct must be published 481
221ZFG Licensed and registered plumbers must comply with approved code of conduct 481
Division 4—Compliance certificates 481
221ZG This Division does not apply to complex gasfitting work 481
221ZH Compliance certificate must be given for most plumbing work 481
221ZI Details that must appear on a compliance certificate form 485
221ZJ Details on certificates must be accurate 486
221ZK Only licensed plumbers may sign certificates 486
221ZKA Issue of certificates by the Authority 487
221ZL Meaning of the total value of plumbing work 489
221ZLA Building practitioner must transfer compliance certificate to owner 489
221ZLB Other people must also transfer compliance certificate to owner 490
221ZM Copies of certificates must be kept for 10 years 490
221ZN Provisions concerning the supply of certificate forms 490
221ZNA Authority may extend expiry date of compliance certificate form 492
221ZNB Offences relating to use of compliance certificates 493
221ZO Further obligation for compliance certificates for sanitary drains 493
Division 5—Provisions applying to particular plumbing work 494
221ZP Sanitary drainage and other work must be made available for inspection before being covered 494
221ZPA Information to be provided before work starts 495
Division 6—Insurance orders 496
221ZQ Order requiring insurance 496
221ZR Offence to work as plumber without required insurance 497
221ZS Offence to claim to be insured when uninsured 498
221ZT Further provisions concerning required insurance 498
221ZU Suspension of licence if insurance ceases 499
221ZV Suspension of licence where failure to comply with insurer's direction 499
Division 7—Rectification of defective plumbing work 501
221ZW Inspector or auditor may require plumber to rectify faulty work 501
221ZX Right to apply to VCAT to have a rectification notice cancelled 503
221ZY Plumbing notice to owner/occupier to rectify defective plumbing work 503
221ZZ Owner/occupier may dispute a plumbing notice 504
221ZZA Inspector may cancel plumbing notice 504
221ZZB Plumbing order to rectify defective plumbing work 504
221ZZC Owner/occupier must comply with plumbing order 505
221ZZD Inspector may cancel plumbing order 505
221ZZE Right to apply to the VCAT to have a plumbing order cancelled 506
221ZZF Emergency plumbing order to rectify dangerous plumbing work 507
221ZZG Offence to not comply with emergency plumbing order 508
221ZZH Inspector may cancel emergency plumbing order 508
221ZZI Plumbing notices and orders to be last resort 509
221ZZJ Owner/occupier must report the completion of required work 509
221ZZK Work may be carried out by Authority or plumbing inspector 510
221ZZL Police assistance 510
Division 8—Interpretation and modification of plumbing regulations 511
221ZZM Meaning of plumbing regulations 511
221ZZN Authority may resolve disputes concerning interpretation of plumbing regulations 511
221ZZO Modification of plumbing regulations 513
221ZZP Matters Authority must consider before making a modification declaration 515
221ZZQ Procedure applying to hearings under this Part 515
Division 10—Enforcement 517
221ZZY Enforcement staff 517
221ZZZC Additional powers of plumbing inspectors 520
221ZZZD Compulsory inspections 520
Division 10A—Plumbing infringements 521
221ZZZDA Definitions 521
221ZZZE Plumbing infringement notices 523
221ZZZEA Additional steps required by infringement notice 523
221ZZZEB Proceedings where plumbing infringement notice requiring additional steps is served 524
Division 11—Inquiries and disciplinary action 525
221ZZZF Inquiry by Authority 525
221ZZZFA Immediate suspension of registration or licence of plumber 525
221ZZZG Grounds on which disciplinary action may be taken 527
221ZZZH Procedure concerning inquiries 529
221ZZZI How inquiry to be conducted 529
221ZZZJ Disciplinary powers of Authority 530
221ZZZK Presumption of suspension for repeated offences concerning compliance notices 532
221ZZZKA Person to give notice of cancellation or suspension of licence or registration 533
221ZZZKB Consequences of suspension of licence or registration 533
221ZZZL Revocation of cancellation or suspension of licence or registration 534
221ZZZM Authority may compensate persons suffering loss from unsatisfactory plumbing work 535
221ZZZN Procedures of Authority sub-committee conducting inquiry or taking disciplinary action 535
Division 12—Review of decisions 536
221ZZZP Review by VCAT 536
Division 13—Administrative matters 538
221ZZZR Licensed and registered plumbers must give information to the Authority for the Register of Plumbers 538
221ZZZS Licensed and registered plumbers must notify Authority of changes to information on the Register of Plumbers 538
221ZZZT Register of Plumbers 539
221ZZZTA Publication of information on Register of Plumbers 541
221ZZZU Minister may specify work to be specialised plumbing work 541
221ZZZV Regulations 542
221ZZZW Incorporation by reference of Plumbing Code of Australia or other document by regulations 545
Part 13—General enforcement provisions 546
Division 1—Powers of Minister in relation to councils 546
222 Order of Minister 546
223 Hearing of council 546
224 Effect of failure to comply with order 547
225 Powers of Minister and authorised persons 547
226 Minister may seek administrative order 548
227 Other powers not affected 548
Division 1B—Inspections of safety and emergency equipment 549
227E Powers of inspection of chief officer and municipal building surveyor 549
Division 2—Information gathering and entry powers 550
Subdivision 1—General 550
227EA Definition of municipal building surveyor for the purposes of this Division 550
227EB Warning about giving information that may incriminate a person 551
Subdivision 2—Powers to require production of information or documents 551
227F Meaning of authorised person in this Subdivision 551
227G Power to obtain information or documents 551
227H Documents or information may be provided by post 552
Subdivision 3—Power to require production of information or documents under court order 552
227I Meaning of authorised person in this Subdivision and interpretation 552
227J Authorised person may seek court order 553
227K Inspection of documents under court order 554
227L Notification of execution of court order 555
Subdivision 4—Authorised persons 555
228 Authorised persons under this Subdivision 555
228A Authorisation of persons as authorised persons 558
228B Authorised person's identification 558
228C Production of identification 560
Subdivision 5—Entry powers 561
228D Power of entry—inspections required or authorised by this Act or regulations 561
228E Entry for monitoring and other purposes 564
228F Notice before entry and search under section 228E with consent 567
228G Acknowledgement of consent to entry and search under section 228E 568
228H Use or seizure of electronic equipment during search under section 228E 570
228I Entry of building or land open to the public 571
228J Entry in emergency 572
228K Entry with warrant for monitoring buildings or land used for residential purposes 574
228L Form and content of warrant 574
228M Entry with search warrant to find evidence of contravention 576
228N Form and content of search warrants 577
228O Seizure of things not mentioned in the warrant 580
228P Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device 581
228Q Announcement before entry 582
228R Copy of warrant to be given to occupier 583
Subdivision 6—Provisions relating to powers under this Division 583
229 Powers of authorised person to require information when exercising power of entry 583
229A Receipt must be given for any thing seized 584
229B Certified copies of seized documents 584
229C Retention and return of seized documents or things 584
229D Magistrates' Court may extend 3 month period for retention of document or thing 585
229E Taking samples 586
229F Refusal or failure to comply with requirement 587
229G Protection against self-incrimination 587
229H Police to assist authorised persons 588
229I Impersonation of authorised person 588
229J Confidentiality 588
Subdivision 7—Complaints and register of entry powers 589
230 Register of exercise of powers of entry 589
231 Complaints to the Authority 590
232 Complaints to a council 591
233 Complaints to Energy Safe Victoria 591
234 Complaints relating to the chief officer 591
234A Investigation and report 592
Division 2A—Remedies 592
Subdivision 1—Undertakings 592
234B Undertakings 592
234C Copy of undertaking 594
234D Register of undertakings 594
Subdivision 2—Injunctions 594
234DA Interpretation 594
234E Injunctions 595
234F Consent injunctions 598
234G Interim injunctions 598
234H Variation and discharge of injunctions 598
234I Injunction may be granted during offence proceedings 598
234J Undertakings as to damages and costs 598
Division 3—Evidence and notices 599
235 Evidence of ownership or occupation 599
236 Service of documents—generally 600
237 Service on Boards 602
238 Building surveyor may rely on certificate by other registered building practitioner or endorsed building engineer 602
239 Certificate of Registrar 603
239A No proof required 603
240 Appointment of agents 604
Division 4—Offences and penalties 604
241 Proceedings for offences 604
241A Ineligibility for registration 607
242 Application of penalties 608
242A Offences by partners 609
243 Offences by bodies corporate 609
243A Conduct by officers, employees or agents of bodies corporate 609
244 Offence to hinder or obstruct 611
245 Offences by or relating to registered building practitioners 611
246 Offence to give false or misleading statements or documents 613
247 Offence relating to disclosure of pecuniary interest 613
248 Offence for agent to act without authority 613
250 Right of owner to carry out required work on occupied building or land 614
251 Occupier or registered mortgagee may carry out work 615
251A Owners corporation may carry out work 617
252 Vacation of building or land 618
253 Powers of court if requirement of authorised person not complied with 619
Division 5—Building infringements 620
254 Definitions 620
255 Building infringements 620
256 Additional steps 621
259 Proceedings where building infringement notice requiring additional steps is served 622
Part 14—General 624
259A Improper use of information 624
259AB Information sharing arrangements 625
259B Authority may provide information to the Director of Consumer Affairs Victoria 630
259BA Certificate evidence—decisions of Authority and predecessor bodies 630
259BB Certificate of Authority 631
259C Authority may disclose cooling tower information 631
260 Supreme Court—limitation of jurisdiction 631
260A Validation—building permit levy 631
261 General regulation-making powers 635
262 Additional regulation-making powers 642
263 Transitional provisions 645
264 Transitional provisions relating to the Building (Plumbing) Act 1998 645
265 Transitional—Effect of change to Commission's name 645
267 Transitional—proportionate liability 646
269 Transitional—owner-builders 646
270 Transitional—building surveyors 647
271 Transitionals—Building Amendment Act 2012 647
272 Transitional and savings provisions—Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 648
272A Schedule 9—House Contracts Guarantee Repeal Act 2016 648
273 Transitional and savings provisions—Building Legislation Amendment (Consumer Protection) Act 2016 648
274 Transitional and savings provisions relating to the Building Amendment (Enforcement and Other Measures) Act 2017 648
275 General transitional and savings provisions—Building Amendment (Registration of Building Trades and Other Matters) Act 2018 648
276 Transitional regulations 650
277 Transitional and savings provisions—Building Amendment (Cladding Rectification) Act 2019 651
277A Transitional provision relating to the building permit levy 652
279 Transitional and saving provisions relating to the Building and Environment Protection Legislation Amendment Act 2020 652
280 Transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020 652
281 Transitional and savings provisions relating to the Building Amendment (Registration and Other Matters) Act 2021 654
282 Transitional and savings provisions relating to the Building Amendment (Registration and Other Matters) Act 2021 655
283 Transitional regulations 659
284 Transitional and saving provision relating to the Building Amendment (Registration and Other Matters) Act 2021 661
285 Transitional and saving provisions relating to the Building Legislation Amendment Act 2023 661
286 Transitional regulations 664
287 Transitional and savings provisions—Building Legislation Amendment and Other Matters Act 2024 665
288 Transitional regulations relating to the Building Legislation Amendment and Other Matters Act 2024 666
288A Transitional provisions relating to the State Taxation Further Amendment Act 2025 666
Part 15—Transitional and savings provisions relating to the Building Legislation Amendment (Buyer Protections) Act 2025 668
Division 1—Preliminary 668
290 Definitions 668
291 General transitional provisions 669
Division 2—Transfer of domestic building insurance policies and related property 669
292 Transfer of policies and related property 669
293 Transfer subject to encumbrances 670
294 Actions of continuing nature relating to VMIA-issued domestic building insurance policies 670
295 Proceedings 671
296 Evidence 671
297 Taxes 671
298 Validity of things done under this Division 672
Division 3—Transfer of property, rights and liabilities 673
299 Meaning of commencement date 673
300 VMIA Minister may direct transfer of property, rights and liabilities 674
301 Approval of statement 675
302 Effect of allocation statement 676
303 Information and records relating to property, rights and liabilities 676
304 Transfer subject to encumbrances 677
305 Agreements 677
306 Construction of instruments 677
307 Proceedings 678
308 Certificate of chief executive officer 678
309 Evidence 679
310 Taxes 679
311 Validity of things done under this Division 680
Division 4—Transfer of staff 681
312 Meaning of commencement date 681
313 List of staff 681
314 Transfer of staff 682
315 Future terms and conditions 683
Division 5—Miscellaneous 684
316 Proof of insurance 684
Division 6—Transitional regulations 684
320 Transitional regulations 684
Schedules 686
Schedule 1—Building regulations 686
Schedule 2—Procedures for building permits and occupancy permits 690
Schedule 3—Membership and procedure of boards 697
Schedule 4—Transitional provisions 710
Schedule 5—Plumbing infringement offences 725
Schedule 6—Transitional provisions relating to the Building (Plumbing) Act 1998 726
Schedule 7—Transitional and savings provisions relating to the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 727
Schedule 8—Transitional and savings provisions relating to the Building Legislation Amendment (Consumer Protection) Act 2016 737
Schedule 9—House Contracts Guarantee Act 1987 745
Schedule 10—Transitional and savings provisions relating to the Building Amendment (Enforcement and Other Measures) Act 2017 746
Schedule 11—Transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020 755
Endnotes 759
1 General information 759
2 Table of Amendments 761
3 Explanatory details 776
Version No. 146
Building Act 1993
No. 126 of 1993
Version incorporating amendments as at
S. 1 substituted by No. 54/2007 s. 3.
1 Purposes
The main purposes of this Act are—
(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
S. 1(d) amended by No. 40/2021 s. 3.
(d) to regulate building practitioners, building employees and plumbers; and
S. 1(da) inserted by No. 4/2024 s. 6.
(da) to regulate builders, and enforce offences under the Domestic Building Contracts Act 1995, in relation to demanding or 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
(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) inserted by No. 4/2024 s. 18.
3 Definitions and interpretation
(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 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).
S. 3(1) def. of approved building manual inserted by No. 11/2023 s. 31(1).
approved building manual means a building manual for a building, which has been approved by the relevant building surveyor under section 41B(1);
S. 3(1) def. of approved infrastructure contributions plan inserted by No. 7/2018 s. 21.
approved infrastructure contributions plan has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
S. 3(1) def. of Architects Registration Board of Victoria inserted by No. 11/2023 s. 3(2).
Architects Registration Board of Victoria has the same meaning as in the Architects Act 1991;
S. 3(1) def. of assessor inserted by No. 17/2025 s. 3(1).
assessor has the same meaning as in the Domestic Building Contracts Act 1995;
S. 3(1) def. of associate inserted by No. 21/2017 s. 3(1).
associate, in relation to a person, means a person who exercises a significant influence over the person or the operation or management of the person's business;
S. 3(1) def. of Authority inserted by No. 34/2013 s. 3(a).
Authority means the Victorian Building Authority established under section 193;
S. 3(1) def. of automatic deemed registration inserted by No. 1/2023 s. 3(1).
automatic deemed registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
S. 3(1) def. of binding determination inserted by No. 11/2023 s. 3(2).
binding determination means a determination issued under section 206E by the State Building Surveyor;
building includes structure, temporary building, temporary structure and any part of a building or structure;
S. 3(1) def. of Building account inserted by No. 15/2016 s. 16(3).
Building account means the Building account of the Victorian Building Authority Fund under Part 12;
S. 3(1) def. of Building Advisory Council repealed by No. 3/2020 s. 26(1).
Building Appeals Board means the Building Appeals Board under Part 10;
S. 3(1) def. of Building Code of Australia inserted by No. 34/1997 s. 4, amended by No. 66/2004 s. 3(2), substituted by Nos 5/2011 s. 3(2), 43/2024 s. 24(1).
Building Code of Australia means the Building Code of Australia comprising—
(a) Volume One of the National Construction Code including any Victorian variations or additions set out in that Volume; and
(b) Volume Two of the National Construction Code including any Victorian variations or additions set out in that Volume;
S. 3(1) def. of Building Monitor inserted by No. 11/2023 s. 18(1).
Building Monitor means the person appointed under section 208 as the Building Monitor;
S. 3(1) def. of building permit number inserted by No. 21/2017 s. 57.
building permit number means a building permit number issued by the Authority under section 25BA for a proposed building permit;
S. 3(1) def. of Building Practitioners Board repealed by No. 15/2016 s. 16(1).
S. 3(1) def. of building practitioner amended by Nos 91/1995 s. 136(a)
(i)–(iii), 35/2004 s. 34(1) (as amended by No. 66/2004 s. 21), 26/2019 s. 112(a), 11/2023 s. 31(2)−(6).
building practitioner means—
(a) a building surveyor; or
(b) a building inspector; or
(c) a quantity surveyor; or
(d) a building consultant; or
(e) a building designer; or
The category of building practitioner previously described as draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits or permit applications has been renamed as building designer. See the relevant transitional and savings provisions in section 285.
(f) a builder including a domestic builder; or
(g) a person who erects or supervises the erection of prescribed temporary structures; or
(ga) a site supervisor; or
(h) a project manager—
but does not include—
(i) an architect; or
(j) a person (other than a domestic builder) who does not carry on the business of building[1]; or
(k) an endorsed building engineer;
The category of building practitioner previously described in paragraph (h) as a person responsible for a building project or any stage of a building project and who belongs to a class or category of people prescribed to be building practitioners has been renamed as project manager. See the relevant transitional and savings provisions in section 285.
Building Regulations Advisory Committee means the Building Regulations Advisory Committee under Part 12;
building regulations means regulations made under Part 2;
S. 3(1) def. of building system inserted by No. 11/2023 s. 3(2).
building system includes the building and plumbing industries and the building system regulators;
S. 3(1) def. of building system regulators inserted by No. 11/2023 s. 3(2), amended by No. 11/2023 s. 18(2).
building system regulators includes all of the following—
(b) relevant building surveyors;
(c) municipal building surveyors;
(d) plumbing inspectors appointed under section 221ZZY;
(e) councils;
(f) the Building Appeals Board;
(g) the Architects Registration Board of Victoria;
(h) the Building Regulations Advisory Committee;
(i) the Plumbing Advisory Council;
(ia) the Building Monitor;
(j) the Business Licensing Authority;
(k) the Director of Consumer Affairs Victoria;
(l) Cladding Safety Victoria;
(m) Energy Safe Victoria;
building work means work for or in connection with the construction, demolition or removal of a building;
S. 3(1) def. of business day inserted by No. 39/1996 s. 3.
business day means a day that is not—
(a) a Saturday or Sunday; or
(b) a day that is wholly or partly observed as a public holiday throughout Victoria;
S. 3(1) def. of Business Licensing Authority inserted by No. 11/2023 s. 3(2).
Business Licensing Authority has the same meaning as in the Business Licensing Authority Act 1998;
S. 3(1) def. of certificate of accreditation inserted by No. 3/2020 s. 19(1).
certificate of accreditation means a certificate of accreditation within the meaning of section 14A(1);
S. 3(1) def. of certificate of consent inserted by No. 66/2004 s. 3(1).
certificate of consent means a certificate of consent under Division 3A of Part 3;
S. 3(1) def. of certificate of pool and spa barrier compliance inserted by No. 46/2018 s. 25, repealed by No. 3/2020 s. 19(3)(a).
S. 3(1) def. of certificate of pool and spa barrier non-compliance inserted by No. 46/2018 s. 25, repealed by No. 3/2020 s. 19(3)(a).
S. 3(1) def. of certificate of registration inserted by No. 46/2018 s. 30.
certificate of registration means the certificate of registration issued to a building practitioner under section 171G;
S. 3(1) def. of certificate of swimming pool barrier compliance inserted by No. 3/2020 s. 19(3)(b).
certificate of swimming pool barrier compliance means a certificate that certifies that the barrier of a swimming pool complies with this Act and the building regulations;
S. 3(1) def. of certificate of swimming pool barrier non‑ compliance inserted by No. 3/2020 s. 19(3)(b).
certificate of swimming pool barrier non‑compliance means a certificate that certifies that the barrier of a swimming pool does not comply with this Act and the building regulations;
S. 3(1) def. of Chief
Commis-sioner inserted by No. 34/2013 s. 3(a).
Chief Commissioner means the person appointed to the VBA Board as Chief Commissioner;
S. 3(1) def. of chief dispute resolution officer inserted by No. 11/2023 s. 3(2).
chief dispute resolution officer has the same meaning as in the Domestic Building Contracts Act 1995;
S. 3(1) def. of chief executive officer inserted by No. 34/2013 s. 3(a).
chief executive officer means the chief executive officer of the Authority;
S. 3(1) def. of chief officer inserted by No. 66/2004 s. 3(1), amended by No. 20/2019 s. 145.
chief officer means—
(a) in relation to the Fire Rescue Victoria fire district under the Fire Rescue Victoria Act 1958, the Fire Rescue Commissioner; and
(b) in relation to any building or land outside the Fire Rescue Victoria fire district under the Fire Rescue Victoria Act 1958, the Chief Officer of the Country Fire Authority under the Country Fire Authority Act 1958;
S. 3(1) def. of cladding rectification work inserted by No. 43/2019 s. 4(1).
cladding rectification work means—
(a) building work in connection with, or otherwise related to, a product or material that is, or could be, a non‑compliant or non-conforming external wall cladding product; or
(b) work of a type specified in a notice under section 185I of the Local Government Act 1989;
S. 3(1) def. of Cladding Safety Victoria inserted by No. 11/2023 s. 3(2).
Cladding Safety Victoria has the same meaning as in the Cladding Safety Victoria Act 2020;
S. 3(1) def. of class of licence inserted by No. 40/2021 s. 4(1).
class of licence means a licence in a class of building employee;
S. 3(1) def. of class of registration inserted by No. 40/2021 s. 4(1).
class of registration means registration in a class of building practitioner;
S. 3(1) def. of code of conduct inserted by No. 15/2016 s. 16(4), substituted by No. 43/2025 s. 66.
code of conduct—
(a) in Part 11, does not include a code of conduct for licensed or registered plumbers approved by the Authority under Division 3A of Part 12A; and
(b) in Part 12A, does not include a code of conduct for building practitioners approved by the Authority under Division 2 of Part 11;
S. 3(1) def. of collecting agency inserted by No. 7/2018 s. 21.
collecting agency has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
S. 3(1) def. of Commission amended by No. 68/2001 s. 3(1)(a), repealed by No. 34/2013 s. 17(a).
S. 3(1) def. of Commis-sioner amended by No. 68/2001 s. 3(1)(b), substituted by No. 34/2013 s. 3(b).
Commissioner means the Chief Commissioner, the Deputy Chief Commissioner or a Commissioner appointed to the VBA Board;
S. 3(1) def. of conciliation officer inserted by No. 17/2025 s. 3(1).
conciliation officer has the same meaning as in the Domestic Building Contracts Act 1995;
conduct, in relation to a public entertainment, means to have a direct pecuniary interest in the proceeds or profits of the entertainment;
construct, in relation to a building, includes—
(a) build, re-build, erect or re-erect the building; and
(b) repair the building; and
(c) make alterations to the building; and
(d) enlarge or extend the building; and
(e) place or relocate the building on land;
S. 3(1) def. of cooling tower inserted by No. 85/2000 s. 3, substituted by No. 46/2008 s. 248(2).
cooling tower has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008;
S. 3(1) def. of cooling tower system inserted by No. 85/2000 s. 3, substituted by No. 46/2008 s. 248(2).
cooling tower system has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008;
S. 3(1) def. of cost-plus contract or agreement inserted by No. 48/2025 s. 45.
cost-plus contract or agreement means a contract or agreement with a builder for carrying out building work under which the amount of money (including for the cost of labour and materials) the builder is to receive cannot be determined at the time the contract or agreement is entered into, even if prime cost items and provisional sums are ignored;
S. 3(1) def. of council amended by No. 9/2020 s. 390(Sch. 1 item 8.1).
council means a council within the meaning of the Local Government Act 2020;
S. 3(1) def. of decision substituted by No. 15/2016 s. 16(2)(a).
decision, in relation to a matter in relation to which an application for review or appeal can be made to the Building Appeals Board, the Authority or VCAT, includes failure to decide;
S. 3(1) def. of decision-maker substituted by No. 15/2016 s. 16(2)(b).
decision-maker, in relation to a matter in relation to which an application for review or appeal can be made to the Building Appeals Board, the Authority or VCAT, means the person or body whose decision may be the subject of that review or appeal;
S. 3(1) def. of Department inserted by No. 11/2023 s. 31(1).
Department means the Department of Transport and Planning;
S. 3(1) def. of designated building surveyor inserted by No. 21/2017 s. 3(1).
designated building surveyor has the meaning set out in section 80A(2);
S. 3(1) def. of destructive testing inserted by No. 46/2018 s. 30.
destructive testing, in relation to a building material or product used or to be used in the construction of a building, means testing of that material or product that will or is likely to cause the destruction of that material or product;
S. 3(1) def. of development agency inserted by No. 7/2018 s. 21.
development agency has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
S. 3(1) def. of direction to fix building work inserted by No. 21/2017 s. 18(1).
direction to fix building work has the same meaning as it has in section 37;
S. 3(1) def. of Director of Consumer Affairs Victoria inserted by No. 11/2023 s. 3(2).
Director of Consumer Affairs Victoria means the person who, for the time being, is employed as Director of Consumer Affairs Victoria under the Public Administration Act 2004;
S. 3(1) def. of dispute resolution order inserted by No. 15/2016 s. 59.
dispute resolution order has the same meaning as it has in the Domestic Building Contracts Act 1995;
S. 3(1) def. of domestic builder inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1).
domestic builder means a builder within the meaning of the Domestic Building Contracts Act 1995;
S. 3(1) def. of domestic building affected party inserted by No. 11/2023 s. 18(1).
domestic building affected party means any of the following—
(a) a person who engages, or proposes to engage, another person to carry out the following work on land owned by the person—
(i) any work on a home constructed on that land in which the person resides;
(ii) any work in relation to the construction of a home on that land in which the person intends to reside;
(b) a person who enters into a contract to purchase land from a person who under the contract must engage a person to carry out work in relation to the construction of a home on that land in which the first mentioned person intends to reside;
(c) an owner of a home;
(d) an owner of a home who is affected by any building work being carried out on an adjoining property;
S. 3(1) def. of domestic building work inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1).
domestic building work has the same meaning as it has in the Domestic Building Contracts Act 1995;
S. 3(1) def. of domestic building work dispute inserted by No. 15/2016 s. 59.
domestic building work dispute has the same meaning as it has in the Domestic Building Contracts Act 1995;
S. 3(1) def. of domestic partner inserted by No. 21/2017 s. 3(1).
domestic partner of a person means—
(a) a person who is in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of endorsed building engineer inserted by No. 26/2019 s. 112(b).
endorsed building engineer has the same meaning as it has in the Professional Engineers Registration Act 2019;
S. 3(1) def. of Energy Safe inspector inserted by No. 21/2017 s. 3(1), amended by No. 13/2025 s. 96(Sch. 3 item 1).
Energy Safe inspector means an authorised officer appointed under section 86 of the Gas Safety Act 1997;
S. 3(1) def. of Energy Safe Victoria inserted by No. 21/2017 s. 3(1).
Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;
S. 3(1) def. of excluded person inserted by No. 21/2017 s. 3(1).
excluded person has the meaning set out in section 171F;
S. 3(1) def. of external wall cladding product inserted by No. 46/2018 s. 30.
external wall cladding product means any product or material that is, or could be, used on or in the external wall of a building (including an attachment or ancillary element), but excluding any product or material that the regulations state is not an external wall cladding
product;
function includes power, authority and duty;
S. 3(1) def. of high risk external wall cladding product inserted by No. 46/2018 s. 30.
high risk external wall cladding product means an external wall cladding product that is the subject of a declaration prohibiting its use under section 192B;
S. 3(1) def. of home inserted by No. 11/2023 s. 18(1).
home has the same meaning that it has in the Domestic Building Contracts Act 1995;
S. 3(1) def. of home State inserted by No. 1/2023 s. 3(1).
home State has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
S. 3(1) def. of home State registration inserted by No. 1/2023 s. 3(1).
home State registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
S. 3(1) def. of influential person inserted by No. 3/2020 s. 19(1).
influential person has the meaning set out in section 171E(2);
S. 3(1) def. of infrastructure contribution inserted by No. 7/2018 s. 21.
infrastructure contribution has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
S. 3(1) def. of insured architect inserted by No. 35/2004 s. 34(2),
insured architect means an architect who is registered under the Architects Act 1991 and who is covered by the required insurance under that Act;
S. 3(1) def. of insurer inserted by No. 91/1995 s. 136(c), substituted by No. 52/2005 s. 29, amended by Nos 21/2017 s. 72(1)(b), 17/2025 s. 3(2).
insurer includes the Authority;
S. 3(1) def. of land affected by an owners corporation inserted by No. 11/2023 s. 31(1).
land affected by an owners corporation has the same meaning as in section 3 of the Owners Corporations Act 2006;
S. 3(1) def. of Legionella inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1).
S. 3(1) def. of licensed building employee inserted by No. 46/2018 s. 4(4), amended by No. 1/2023 s. 3(2).
licensed building employee means a person who holds a licence, including a provisional licence, under Part 11A;
Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.
S. 3(1) def. of local registration authority inserted by No. 1/2023 s. 3(1).
local registration authority has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
S. 3(1) def. of lot
inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1).
S. 3(1) def. of lot affected by an owners corporation inserted by No. 21/2017 s. 18(1).
lot affected by an owners corporation has the same meaning as it has in the Owners Corporations Act 2006;
S. 3(1) def. of major domestic building contract inserted by No. 91/1995 s. 136(c), amended by No. 52/1998 s. 311(Sch. 1 item 10.1).
major domestic building contract has the same meaning as it has in the Domestic Building Contracts Act 1995;
mandatory notification stage means a prescribed stage of building work;
municipal building surveyor means a person for the time being appointed, employed or nominated by a council as its municipal building surveyor for the purposes of this Act;
S. 3(1) def. of National Construction Code inserted by No. 43/2024 s. 24(3).
National Construction Code means the National Construction Code published by the Australian Building Codes Board as amended, published or adopted from time to time;
S. 3(1) def. of National Construction Code Series inserted by No. 5/2011 s. 3(1), repealed by No. 43/2024 s. 24(2).
S. 3(1) def. of nominee director inserted by No. 21/2017 s. 3(1).
nominee director, in relation to a body corporate, means a director of the body corporate nominated by the body corporate as a nominee director under Division 1A of Part 11;
S. 3(1) def. of non-compliant or non-conforming external wall cladding product inserted by No. 43/2019 s. 4(1).
non-compliant or non-conforming external wall cladding product means—
(a) an external wall cladding product that does not comply with the requirements of this Act and the regulations; or
(b) an external wall cladding product that is installed or used in, or applied to, a building in a manner that does not comply with the requirements of this Act and the regulations; or
(c) a high risk external wall cladding product that is used in contravention of a declaration under section 192B applying to that product;
S. 3(1) def. of officer inserted by No. 15/2016 s. 16(4).
officer, in relation to a body corporate, has the same meaning as officer of a corporation has in section 9 of the Corporations Act;
S. 3(1) def. of owner amended by No. 85/1998 s. 24(Sch. item 6.1(a)(b)).
owner—
(a) in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958, (other than land in an identified folio under that Act) means the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land; and
(b) in relation to land which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means the person who is the owner, or the persons who are the owners, of the fee or equity of redemption; and
(c) in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management, means the Minister administering that Act; and
(d) in relation to any other Crown land, means the Minister or public authority that manages or controls the land;
owner in relation to a building, means the owner of the land on which a building is situated[2];
S. 3(1) def. of owners corporation inserted by No. 21/2017 s. 18(1).
owners corporation has the same meaning as it has in the Owners Corporations Act 2006;
permit means building permit or occupancy permit;
S. 3(1) def. of personal information inserted by No. 11/2023 s. 31(1).
personal information has the same meaning as in the Privacy and Data Protection Act 2014;
place of public entertainment means—
(a) a prescribed building or building in a prescribed class of buildings which is used or intended to be used for the purpose of providing public entertainment; or
(b) a prescribed place or place in a prescribed class of places—
(i) which is enclosed or substantially enclosed; or
(ii) to which admission can be gained by payment of money or the giving of other consideration—
and which is used or intended to be used for the purpose of providing public entertainment;
S. 3(1) def. of Plumbing Advisory Council inserted by No. 34/2013 s. 3(a).
Plumbing Advisory Council means the Plumbing Advisory Council under Part 12;
S. 3(1) def. of plumbing laws inserted by No. 11/2023 s. 3(2).
plumbing laws has the same meaning as in section 221B;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 9.1).
police officer has the same meaning as in the Victoria Police Act 2013;
prescribed temporary structure includes a temporary structure in a prescribed class of temporary structures;
S. 3(1) def. of prescribed testing authority inserted by No. 46/2018 s. 30.
prescribed testing authority means—
(a) an organisation accredited by the National Association of Testing Authorities ACN 004 379 748 to conduct the destructive testing of building materials or products; and
(b) any other person or body prescribed in the regulations to conduct destructive testing of building materials or products;
S. 3(1) def. of prime cost item inserted by No. 48/2025 s. 45.
prime cost item, in relation to a cost-plus contract or agreement, means an item that is to be supplied under the contract or agreement where—
(a) the price of the item is not known at the time the contract or agreement is entered into; and
(b) the builder must make a reasonable allowance in the contract or agreement for the item;
S. 3(1) def. of private building surveyor amended by No. 71/1995 s. 7(2).
private building surveyor means a building surveyor registered under Part 11 other than—
(a) a municipal building surveyor; or
(b) an officer or employee of the Crown or a public authority; or
(c) a building surveyor authorised under section 191, 192 or 221—
in his or her capacity as such a municipal building surveyor, officer, employee or authorised building surveyor;
proceeding, in relation to a proceeding of the Building Appeals Board, means—
(a) an appeal to that Board under Divisions 1 and 2 of Part 10; or
(b) a matter referred to that Board under Division 3 of that Part; or
(c) an application to that Board under Division 4 of that Part; or
(d) any other matter within that Board's jurisdiction that, by the Act or regulation conferring the jurisdiction, is declared to be a proceeding;
S. 3(1) def. of professional engineering service inserted by No. 26/2019 s. 112(b).
professional engineering service has the same meaning as it has in the Professional Engineers Registration Act 2019;
protection work means—
(a) permanent or temporary work of—
(i) underpinning, including the provision of vertical support, lateral support, protection against variation in earth pressures, provision of ground anchors and other support for adjoining property; or
(ii) shoring up of adjoining property; or
(iii) overhead protection for adjoining property; or
(iv) other work designed to maintain the stability of adjoining property or to protect adjoining property from damage from building work; or
(b) any work or use of equipment necessary for the provision, maintenance and removal of work referred to in paragraph (a)—
whether or not the work or equipment is carried out or used on, over, under or in the air space above the land on which the building work is or is to be carried out or the adjoining property;
S. 3(1) def. of provisional licence inserted by No. 46/2018 s. 4(4).
provisional licence means a licence granted under section 187G;
S. 3(1) def. of provisional registration inserted by No. 46/2018 s. 4(4), substituted by No. 40/2021 s. 4(2)(a).
provisional registration, except in Part 12A, means registration granted under section 171(1)(ac);
S. 3(1) def. of provisional sum inserted by No. 48/2025 s. 45.
provisional sum, in relation to a cost-plus contract or agreement, is an estimate of the cost (including for the cost of labour and materials) of carrying out particular building work for which the builder, after making all reasonable enquiries, cannot give a definite amount at the time the agreement or contract is entered into;
S. 3(1) def. of provisionally registered builder subcontractor inserted by No. 40/2021 s. 4(1).
provisionally registered builder subcontractor means a person who is provisionally registered in the category of builder in a class of builder under section 171(1)(ac) and the registration authorises the person to carry out a type of building work prescribed for the purposes of section 169EA;
A registration under section 171(1)(ac) is subject to a condition that the registered person must not carry out building work other than as a subcontractor (unless the cost of the work is less than the amount prescribed for the purposes of section 24B(2) or the building work is not domestic building work and does not require a building permit) or as an employee—see section 171H.
public authority means a body established for a public purpose by or under an Act and includes a council;
public entertainment means an entertainment or meeting to which admission may ordinarily be gained by members of the public;
S. 3(1) def. of regional Victoria inserted by No. 43/2019 s. 4(2), amended by No. 22/2021 s. 18.
regional Victoria has the same meaning as in section 18(8) of the First Home Owner Grant and Home Buyer Schemes Act 2000;
S. 3(1) def. of registered body corporate inserted by No. 21/2017 s. 3(1).
registered body corporate means a body corporate registered as a building practitioner under this Act;
S. 3(1) def. of registered builder subcontractor inserted by No. 40/2021 s. 4(1).
registered builder subcontractor means a person who is registered in the category of builder in a class of builder under section 171(1)(ab) and the registration authorises the person to carry out a type of building work prescribed for the purposes of section 169EA;
A registration under section 171(1)(ab) is subject to a condition that the registered person must not carry out building work other than as a subcontractor (unless the cost of the work is less than the amount prescribed for the purposes of section 24B(2) or the building work is not domestic building work and does not require a building permit) or as an employee—see section 171H.
S. 3(1) def. of registered building practitioner amended by No. 46/2018 s. 4(3), substituted by No. 40/2021 s. 4(2)(b), amended by No. 1/2023 s. 3(3).
registered building practitioner means a building practitioner registered under Part 11 including the following persons unless the contrary intention appears—
(a) a provisionally registered builder subcontractor;
(b) a registered builder subcontractor;
Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.
S. 3(1) def. of registration card inserted by No. 46/2018 s. 30.
registration card means the registration card issued to a building practitioner under section 171GA;
S. 3(1) def. of related body corporate inserted by No. 15/2016 s. 16(4), substituted by No. 21/2017 s. 3(2).
related body corporate, in relation to a body corporate, means a body corporate that would under section 4A(5) of the Competition and Consumer Act 2010 of the Commonwealth be taken to be related to that body corporate;
S. 3(1) def. of relevant building surveyor amended by No. 34/2013 s. 17(b).
relevant building surveyor—
(a) in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a municipal building surveyor, means the municipal building surveyor; and
(b) in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a private building surveyor, means the private building surveyor; and
(c) in relation to the carrying out by the Authority of the functions of a municipal building surveyor or a function specified in section 205P, means the Authority; and
(d) in relation to the carrying out by a building surveyor authorised under section 191, 192 or 221 of the functions of a municipal building surveyor, means the authorised building surveyor;
relevant council, in relation to a building or land, means the council of the municipal district in which the building or land is situated;
S. 3(1) def. of relocatable spa inserted by No. 3/2020 s. 19(2).
relocatable spa means a spa that is capable of being relocated;
S. 3(1) def. of relocatable swimming pool inserted by No. 3/2020 s. 19(2).
relocatable swimming pool means a swimming pool that is capable of being relocated;
S. 3(1) def. of reporting authority amended by No. 28/2000 s. 12.
reporting authority means a body or person (other than a municipal building surveyor or private building surveyor to whom an application is made) that is required by this Act or the regulations or by any other Act or regulations to report on or consent to an application for a permit;
S. 3(1) def. of required insurance inserted by No. 91/1995 s. 136(d), substituted by No. 102/2003 s. 41.
required insurance means the insurance required by order under section 135 and, in the case of insurance to which section 137AA applies, complying with section 137AA;
S. 3(1) def. of risk management plan inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1).
S. 3(1) def. of risk management plan audit inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1).
S. 3(1) def. of second State inserted by No. 1/2023 s. 3(1).
second State has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
S. 3(1) def. of second State occupation inserted by No. 1/2023 s. 3(1).
second State occupation has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 48(1).
Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;
S. 3(1) def. of show cause notice inserted by No. 15/2016 s. 16(4).
show cause notice means a show cause notice under section 182;
S. 3(1) def. of spouse inserted by No. 21/2017 s. 3(1).
spouse of a person means a person to whom the person is married;
S. 3(1) def. of staged permit inserted by No. 43/2019 s. 4(2).
staged permit means a building permit referred to in section 20(b);
S. 3(1) def. of State Building Surveyor inserted by No. 11/2023 s. 3(2).
State Building Surveyor means the person appointed under section 206(1) as the State Building Surveyor;
S. 3(1) def. of subcontractor inserted by No. 46/2018 s. 4(1).
subcontractor means a person who enters into a contract with a builder to carry out all or part of the building work that is to be carried out by the builder under another contract;
S. 3(1) def. of subsidiary inserted by No. 21/2017 s. 3(1).
subsidiary, in relation to a body corporate, has the meaning set out in section 4A of the Competition and Consumer Act 2010 of the Commonwealth;
S. 3(1) def. of swimming pool inserted by No. 3/2020 s. 19(2).
swimming pool means any excavation or structure (including a spa or a relocatable structure)—
(a) that is capable of containing water to a depth of greater than 300 mm; and
(b) that is principally used, or that is designed, manufactured or adapted to be principally used, for swimming, wading, paddling, bathing or similar activities;
S. 3(1) def. of swimming pool and spa inspector inserted by No. 46/2018 s. 25, substituted as swimming pool inspector by No. 3/2020 s. 19(3)(c).
swimming pool inspector means any of the following persons who have been engaged by an owner of land to inspect a swimming pool barrier located on that land for compliance with this Act and the building regulations—
(a) a registered building surveyor;
(b) a registered building inspector;
(c) any other registered building practitioner whose registration authorises the carrying out of inspections of swimming pools including the barriers associated with those swimming pools;
S. 3(1) def. of swimming pool and spa register inserted by No. 46/2018 s. 25, substituted as swimming pool register by No. 3/2020 s. 19(3)(d).
swimming pool register means a register of swimming pools established by a council under section 216D;
temporary structure includes—
(a) a booth, tent, marquee or other temporary enclosure, whether or not a part of the booth, tent, marquee or enclosure is permanent; or
(b) a seating structure whether enclosed or not, including a mobile seating structure;
S. 3(1) def. of training contract inserted by No. 46/2018 s. 4(4).
training contract has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;
S. 3(1) def. of training plan inserted by No. 40/2021 s. 4(1).
training plan—see sections 171H(1B) and 187H(1B);
S. 3(1) def. of VBA Board inserted by No. 34/2013 s. 3(a), amended by No. 21/2017 s. 72(1)(c).
VBA Board means the Victorian Building Authority Board established under section 200;
S. 3(1) def. of VBA inspector inserted by No. 21/2017 s. 18(2).
VBA inspector means a person appointed under section 204A;
S. 3(1) def. of Victorian Managed Insurance Authority inserted by No. 21/2017 s. 72(1)(a), amended by No. 46/2018 s. 4(2).
Victorian Managed Insurance Authority has the same meaning as it has in the Victorian Managed Insurance Authority Act 1996;
S. 3(1) def. of Victorian Registration and Qualifications Authority inserted by No. 46/2018 s. 4(4), amended by No. 17/2025 s. 3(3).
Victorian Registration and Qualifications Authority means the Victorian Registration and Qualifications Authority established under section 4.2.1 of the Education and Training Reform Act 2006;
S. 3(1) def. of VMIA inserted by No. 17/2025 s. 3(1).
VMIA means the Victorian Managed Insurance Authority established by section 5 of the Victorian Managed Insurance Authority Act 1996.
(2) In Part 7 a reference to the owner is a reference to the owner of land on which building work is proposed to be or is carried out.
S. 3(3) inserted by No. 21/2017 s. 3(3).
(3) For the purposes of the definition of domestic partner in subsection (1)—
(a) registered domestic relationship has the same meaning as it has in the Relationships Act 2008; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 3(4) inserted by No. 11/2023 s. 3(3).
(4) Any reference in this Act to building work or plumbing work having to be carried out or completed in accordance with, or having to comply with, or not being in breach of, the following laws relating to building work and plumbing work is taken to include a reference to that building work or plumbing work having to be carried out or completed in accordance with, or to comply with, or to not be in breach of, a provision of those laws as interpreted by any binding determination that applies to that provision—
(a) "this Act";
(b) "the building regulations";
(c) "the plumbing laws";
(d) "the regulations made under Part 12A of this Act".
S. 3A inserted by No. 48/2025 s. 46.
3A Calculating the cost of the building work
(1) In calculating the cost of the building work for the purposes of this Act (other than Part 9B)—
(a) the cost of any chattel, and of any prescribed excluded item, (including GST) must be deducted from—
(i) if there is a contract or agreement (other than a cost-plus contract or agreement) with a builder for carrying out the building work—the contract price or agreed amount to be paid to the builder (including for the cost of labour and materials) for carrying out the work; or
(ii) if there is a cost-plus contract or agreement with a builder for carrying out building work—the estimated amount that the builder will receive or is likely to receive for carrying out the work; or
(iii) if the building work is carried out by an owner-builder—the owner builder's estimated cost (including for labour and materials) of the owner-builder carrying out the work; and
(b) any amount of GST payable in respect of the building work referred to in paragraph (a)(i), (ii) or (iii) must be included.
See also sections 24A(1)(b) and 24B.
(2) In addition, in calculating the cost of the building work carried out by an owner‑builder—
(a) the following must be added to the cost of the building work calculated under subsection (1)—
(i) if there is contract or agreement (other than a cost-plus contract or agreement) for carrying out the building work or part of the building work—the contract price or agreed amount to be paid to the builder for the building work; or
(ii) if there is a cost-plus contract or agreement for carrying out the building work or part of the building work—the builder's estimate of the total amount that the builder will receive or is likely to receive under the contract or agreement for the building work; and
(b) the cost of any chattel, and of any prescribed excluded item, (including GST) must be deducted from the contract price, agreed amount or estimate referred to in paragraph (a); and
(c) any amount of GST payable in respect of the building work referred to in paragraph (a)(i) or (ii) must be included.
GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
S. 4
amended by Nos 39/1996 s. 4, 85/2000 s. 4, substituted by No. 54/2007 s. 4.
4 Objectives of Act
(1) The objectives of this Act are—
(a) to protect the safety and health of people who use buildings and places of public entertainment;
(b) to enhance the amenity of buildings;
(c) to promote plumbing practices which protect the safety and health of people and the integrity of water supply and waste water systems;
(d) to facilitate the adoption and efficient application of—
(i) national building standards; and
(ii) national plumbing standards;
(e) to facilitate the cost effective construction and maintenance of buildings and plumbing systems;
(f) to facilitate the construction of environmentally and energy efficient buildings;
S. 4(1)(g) amended by No. 11/2023 s. 19(a).
(g) to aid the achievement of an efficient and competitive building and plumbing industry;
S. 4(1)(h) inserted by No. 11/2023 s. 19(b).
(h) to address issues in the building system experienced by domestic building affected parties.
(2) It is the intention of Parliament that in the administration of this Act regard should be had to the objectives set out in subsection (1).
5 Application to Crown and public authorities
Except to the extent set out in Division 6 of Part 12, this Act does not bind the Crown in right of the State of Victoria or a public authority.
S. 6
repealed by No. 21/2017 s. 73.
Part 2—Building standards
7 Building regulations
(1) The Governor in Council may make regulations for or with respect to prohibiting or regulating—
S. 7(1)(a) amended by No. 66/2004 s. 4.
(a) the construction, use, maintenance, demolition and removal of buildings;
(b) any matter relating to the safety of buildings and places of public entertainment;
(c) the use and maintenance of places of public entertainment.
(2) Without limiting the generality of subsection (1), regulations under this Part may—
(a) provide for any matters set out in Part 1 of Schedule 1; and
(b) establish standards and requirements relating to any matter referred to in subsection (1)(a), (b) or (c) or Part 1 of Schedule 1; and
(c) require the carrying out of building work and maintenance on existing buildings and building work.
(3) The standards established by the regulations may be expressed in terms of performance, types of material, methods of construction or in other terms.
(4) The regulations may provide for buildings constructed with particular materials, designs or methods of construction to be deemed to satisfy the prescribed standards.
(5) The regulations may apply to existing buildings, whether or not building work is being or is proposed to be carried out on those buildings.
8 Local laws
(1) The building regulations may empower a council to make local laws for or with respect to any matter set out in Part 1 of Schedule 1.
S. 8(2) amended by No. 9/2020 s. 390(Sch. 1 item 8.2).
(2) The Local Government Act 2020 applies in relation to the making, amendment or revocation of a local law under a power conferred by the building regulations as if the making, amendment or revocation of the local law was authorised under Division 3 of Part 3 of that Act.
S. 8(3) amended by No. 21/2017 s. 99.
(3) A local law made in relation to a municipal district under a power conferred by the building regulations is taken to be a building regulation in force in relation to the municipal district.
9 Incorporation by reference
S. 9(1) amended by No. 43/2024 s. 25.
(1) The building regulations may apply, adopt or incorporate, either wholly or in part and with or without any modification, any matter contained in the Building Code of Australia or any other document as in force or as issued or published or adopted at a particular time or as in force or as issued or published or adopted from time to time.
S. 9(2) substituted by No. 68/2001 s. 4(1).
(2) Section 32 of the Interpretation of Legislation Act 1984 does not apply to the application, adoption or incorporation by the building regulations of any matter contained in a planning scheme approved under the Planning and Environment Act 1987.
S. 9A inserted by No. 68/2001 s. 5.
9A Regulatory impact statement not required for certain amendments
(1) This section applies if a particular building regulation applies, adopts or incorporates any matter contained in a planning scheme approved under the Planning and Environment Act 1987.
(2) Despite anything to the contrary in Part 2 of the Subordinate Legislation Act 1994, it is not necessary for the Minister to ensure that a regulatory impact statement is prepared in respect of that regulation.
S. 10 (Heading) inserted by No. 11/2023 s. 4(1).
10 Application of new building regulations or binding determinations to building work
S. 10(1) amended by No. 11/2023 s. 4(2).
(1) A building regulation or an amendment to a building regulation or a binding determination that applies to a building regulation, does not apply to the carrying out of any building work in accordance with a building permit existing immediately before the building regulation or amendment commences or the binding determination comes into effect.
S. 10(2) amended by No. 11/2023 s. 4(3).
(2) A building regulation, or an amendment to a building regulation or a binding determination that applies to a building regulation, does not apply to the carrying out of building work if the relevant building surveyor is satisfied, and certifies in writing, that substantial progress was made on the design of the building before the building regulation or amendment commenced or the binding determination came into effect.
S. 10(3) amended by No. 11/2023 s. 4(4).
(3) Subject to any determination of the Building Appeals Board, building work referred to in subsection (1) or (2) must be carried out in accordance with the provisions of any regulations, by-laws, local laws or enactments in force at the material times as if the building regulation or amendment or binding determination had not come into operation.
S. 10(4) amended by No. 11/2023 s. 4(5).
(4) Despite subsections (1) to (3), the relevant building surveyor and the owner of the building or land concerned may agree that a building regulation, or an amendment to a building regulation, or a binding determination, is to apply to the carrying out of building work referred to in those subsections.
11 Effect of planning schemes
(1) If a provision of a planning scheme under the Planning and Environment Act 1987 regulates the siting of buildings in respect of a municipal district or part of a municipal district, any building regulation which also regulates that matter—
(a) if not inconsistent with that provision, must be complied with in addition to that provision;
(b) if inconsistent with that provision—
(i) so far as is practicable, must be read so as to resolve the inconsistency; and
(ii) subject to subparagraph (i), to the extent of the inconsistency, ceases to have effect in that municipal district or that part of the municipal district on the coming into operation of the provision of the planning scheme for the period that the provision is in force.
(2) A council must publish notice in a newspaper circulating generally in its municipal district of the fact that a regulation under this Part has ceased to have effect in the municipal district or part of it.
12 Revocation of other regulations relating to building[[3]](#endnote-4)
(1) Despite anything to the contrary in any other Act, the Governor in Council, on the recommendation of the Minister, may revoke any statutory rule made under any other Act to the extent that it provides for a matter set out in Part 1 of Schedule 1.
(2) Before a statutory rule which provides for a matter set out in Part 1 of Schedule 1 is made under another Act, the Minister administering that Act must refer the statutory rule to the Minister administering this Act for consideration.
(3) The referral of a statutory rule under subsection (2) is not a condition precedent to the making of the rule.
(4) A failure to refer a statutory rule under subsection (2) does not affect the validity or operation of the rule but the rule may be revoked under subsection (1).
13 Effect on local laws
S. 13(1) amended by No. 9/2020 s. 390(Sch. 1 item 8.3).
(1) A local law made under Division 3 of Part 3 of the Local Government Act 2020 has no force or effect to the extent that it provides for any matter set out in Part 1 of Schedule 1.
(2) Subsection (1) does not apply to a local law made under the powers conferred by the building regulations.
14 Accreditation of building products
S. 14(1) amended by No. 40/2021 s. 47(1).
(1) A building product, construction method, design, component or system connected with building work (a building product) and accredited by the Building Regulations Advisory Committee or any other person or body prescribed for the purposes of this section (a prescribed person or body) is accredited for the purposes of this Act and the building regulations.
S. 14(1A) inserted by No. 40/2021 s. 47(2).
(1A) A person may apply, in accordance with the regulations, to the Building Regulations Advisory Committee or a prescribed person or body to have a building product accredited.
S. 14(1B) inserted by No. 40/2021 s. 47(2).
(1B) The Building Regulations Advisory Committee or the prescribed person or body (as the case requires) may accredit the building product in accordance with the regulations and, on accrediting the building product, must issue a certificate of accreditation in the prescribed form to the holder of the accreditation.
S. 14(2) substituted by No. 3/2020 s. 20.
(2) The accreditation remains in force for the period of up to 3 years that is specified by the Building Regulations Advisory Committee or the prescribed person or body in the certificate of accreditation unless the accreditation is sooner revoked by the Committee or person or body in accordance with the regulations.
S .14(3) inserted by No. 3/2020 s. 20, amended by No. 40/2021 s. 47(3).
(3) The accreditation, if still in force, may be renewed by the Building Regulations Advisory Committee or the prescribed person or body (as the case requires) in accordance with the regulations on receiving an application for a renewal of the accreditation by the holder of the accreditation that is in accordance with the regulations.
S .14(4) inserted by No. 3/2020 s. 20.
(4) An accreditation is subject to any conditions or variations imposed by the Building Regulations Advisory Committee or the prescribed person or body from time to time.
S. 14(5) inserted by No. 40/2021 s. 47(4).
(5) The Building Regulations Advisory Committee or the prescribed person or body may, in accordance with the regulations, vary the accreditation in respect of any one or more of the prescribed matters, on receiving an application to vary the accreditation from the holder of the accreditation, which is in accordance with the regulations.
S. 14A inserted by No. 3/2020 s. 21, repealed by No. 40/2021 s. 48.
S. 14B inserted by No. 3/2020 s. 21.
14B Authority to keep register of accredited building products
The Authority must, in accordance with the regulations, keep a register of all building products, construction methods, designs, components and systems accredited by the Building Regulations Advisory Committee or a person or body referred to in section 14(1).
S. 15 substituted by Nos 3/2020 s. 21, 40/2021 s. 49.
15 Building surveyor must not refuse to approve building work on certain grounds
The relevant building surveyor must not refuse to approve building work on the ground that any building product, construction method, design, component or system connected with the building work is unsatisfactory if the building product, construction method, design, component or system complies with—
(a) an accreditation given by the Building Regulations Advisory Committee or a person or body referred to in section 14(1), which is in force; or
(b) a certification or an approval given under any other accreditation system or process prescribed by the regulations, which is in force.
S. 15A (Heading) amended by No. 3/2020 s. 22(1).
S. 15A inserted by No. 68/2001 s. 6.
15A Building regulations with respect to swimming pools
S. 15A(1)(a) amended by No. 3/2020 s. 22(2)(a).
(a) the construction, installation, maintenance and operation of swimming pools and associated services; and
(b) the construction, installation, maintenance, operation and use of—
S. 15A(1)(b)(i) amended by No. 3/2020 s. 22(2)(a).
(i) equipment associated with swimming pools, including safety equipment; and
S. 15A(1)(b)(ii) amended by Nos 46/2018 s. 26(1), 3/2020 s. 22(2)(b).
(ii) swimming pool barriers and associated services; and
S. 15A(1)(c) inserted by No. 46/2018 s. 26(2), amended by No. 3/2020 s. 22(2)(a).
(c) requirements relating to the safety of swimming pools, including signage.
(2) Despite section 262(f), regulations made under subsection (1) may impose penalties not exceeding 50 penalty units for a contravention of those regulations.
S. 15A(3) inserted by No. 46/2018 s. 26(3).
(3) In addition to the regulations that may be made under subsection (1), the Governor in Council may make regulations for or with respect to—
S. 15A(3)(a) amended by No. 3/2020 s. 22(3).
(a) the registration of swimming pools by councils for the purposes of a swimming pool register including—
S. 15A(3)(a)(i) amended by No. 3/2020 s. 22(4).
(i) the requirement for owners of land on which swimming pools are located to register those swimming pools with the relevant council; and
S. 15A(3)(a)(ii) substituted by No. 3/2020 s. 22(5).
(ii) the procedures for applying to councils for registration of swimming pools, which may be for a limited or indefinite period; and
S. 15A(3)(a)(iii) substituted by No. 3/2020 s. 22(5).
(iii) the procedures for the registration of swimming pools and, if registration is for a limited period, the renewal of the registration of swimming pools by councils; and
S. 15A(3)(a)(iv) substituted by No. 3/2020 s. 22(5).
(iv) the information, records and documents to be recorded in swimming pool registers by councils; and
S. 15A(3)(a)(v) amended by No. 3/2020 s. 22(6).
(v) the procedures for maintenance by councils of swimming pool registers; and
S. 15A(3)(b) amended by No. 3/2020 s. 22(6).
(b) the requirements on owners of land to arrange for mandatory inspections of swimming pool barriers on the land for compliance with this Act and the building regulations, including the frequency and circumstances of those inspections; and
S. 15A(3)(c) amended by No. 3/2020 s. 22(7)(a).
(c) the issuing of certificates of swimming pool barrier compliance and certificates of swimming pool barrier non-compliance, and the performance of related functions, by—
S. 15A(3)(c)(i) amended by No. 3/2020 s. 22(7)(b).
(i) swimming pool inspectors; or
(ii) relevant building surveyors; or
(iii) municipal building surveyors when carrying out functions under Part 8 or when acting as authorised persons within the meaning of section 228; and
S. 15A(3)(d) substituted by No. 3/2020 s. 22(8).
(d) the lodgement with the relevant council of certificates of swimming pool barrier compliance and certificates of swimming pool barrier non-compliance in relation to swimming pools on certain land; and
S. 15A(3)(e) amended by No. 3/2020 s. 22(9).
(e) the requirements on owners of land to assess and report to councils on the compliance of swimming pool barriers on the land with this Act and the building regulations and the frequency and circumstances of such assessment and reporting and lodgement of those reports with the relevant council; and
S. 15A(3)(f) amended by Nos 3/2020 s. 22(10), 13/2024 s. 3(Sch. 1 item 1).
(f) the procedures to be taken by councils in relation to swimming pool barriers that do not comply with this Act and the building regulations and the requirements on owners of land on which these non‑compliant swimming pool barriers are located; and
S. 15A(3)(g) amended by No. 3/2020 s. 22(11).
(g) the requirements on owners of land on which swimming pools are located to provide information and documents to the relevant council or any other specified person or body; and
(h) prescribing fees payable for—
S. 15A(3)(h)(i) amended by No. 3/2020 s. 22(12).
(i) applications to the relevant council for the registration and the renewal of the registration of swimming pools and periodical registration fees relating to swimming pools; and
S. 15A(3)(h)(ii) substituted by No. 3/2020 s. 22(13).
(ii) fees for searches by councils for information, records or documents relating to swimming pools located in their municipal districts; and
S. 15A(3)(h)(iii) substituted by No. 3/2020 s. 22(13).
(iii) the inspection of swimming pool barriers and the issue of certificates of swimming pool barrier compliance and certificates of swimming pool barrier non-compliance; and
S. 15A(3)
(h)(iv) substituted by No. 3/2020 s. 22(13).
(iv) the lodgement of certificates of swimming pool barrier compliance and certificates of swimming pool barrier non-compliance with councils; and
S. 15A(3)(h)(v) amended by No. 3/2020 s. 22(14).
(v) the lodgement of reports with councils by owners of land relating to whether swimming pool barriers located on the land comply with this Act and the building regulations; and
(i) forms for the purposes of this subsection.
S. 15A(4) inserted by No. 46/2018 s. 26(3).
(4) Regulations for or with respect to any fees referred to in subsection (3)(h) may provide for any of the following—
(a) maximum fees;
(b) differential fees;
(c) the reduction, waiver or refund, in whole or in part, of fees in specified circumstances.
S. 15A(5) inserted by No. 46/2018 s. 26(3).
(5) Regulations made under subsection (3) may impose penalties not exceeding 20 penalty units for a contravention of those regulations.
S. 15A(6) inserted by No. 46/2018 s. 26(3).
(6) Nothing in this section affects the operation of section 261 or 262.
S. 15B inserted by No. 21/2017 s. 19.
15B Maintenance of exits
(a) keeping exits in buildings and places of public entertainment and paths of travel to and from exits maintained, accessible and free from obstruction; and
(b) requiring, testing or maintaining safety and emergency services, installations or equipment in buildings and places of public entertainment.
(2) Despite section 262(f), regulations made under subsection (1) may impose penalties not exceeding 100 penalty units for a contravention of those regulations.
(3) This section does not apply to a building that is a Class 1a or Class 10 building within the meaning of the Building Code of Australia.
Part 3—Building permits
Division 1—Building permit required
S. 16 amended by No. 33/2010 s. 3, substituted by No. 15/2016 s. 44.
16 Offences relating to carrying out building work
(1) A person must not carry out building work unless a building permit in relation to the work has been issued and is in force under this Act.
S. 16(2) amended by No. 11/2023 s. 5(1).
(2) A person must not carry out building work unless the work is carried out in accordance with this Act, the building regulations and the building permit issued in relation to that work and any binding determination that applies to the carrying out of that work.
S. 16(3) substituted by No. 21/2017 s. 20(1).
(3) An owner of land must ensure in relation to building work carried out on that land that a building permit in relation to the work has been issued and is in force under this Act.
S. 16(4) substituted by No. 21/2017 s. 20(2), amended by No. 26/2019 s. 113(1).
(4) A building practitioner, an endorsed building engineer or an architect who is engaged to carry out building work must ensure that a building permit in relation to the work has been issued and is in force under this Act.
S. 16(4A) inserted by No. 21/2017 s. 20(2), amended by No. 11/2023 s. 5(2).
(4A) A builder named in a building permit must ensure that the building work to which the building permit applies is carried out in accordance with this Act, the building regulations, the building permit and any binding determination that applies to the carrying out of that work.
S. 16(5) amended by No. 26/2019 s. 113(2).
(5) Subsection (3) does not apply to an owner if the owner has engaged a building practitioner, endorsed building engineer or architect to carry out the building work on that land.
S. 16(6) amended by No. 21/2017 s. 20(3).
(6) Subsections (1), (2), (3), (4) and (4A) do not apply if the building work is exempted by or under this Act or the regulations.
S. 16A inserted by No. 21/2017 s. 21(1).
16A Exception if permit suspended
(1) It is an exception to an offence under section 16(1), (3) or (4) if a building permit was not in effect because it was suspended under section 25AE and the accused at the time of the alleged offence—
(a) was not aware that an event mentioned in section 25AE(1) had occurred in relation to the building permit; and
(b) could not reasonably be expected to have known that the event had occurred.
(2) The exception in subsection (1) does not apply to the accused if the accused is an architect or a building practitioner who is engaged to carry out the building work to which the building permit applies.
S. 16B inserted by No. 21/2017 s. 21(2).
16B Indictable offences relating to carrying out building work
(1) A person who is in the business of building must not carry out building work for which a building permit is required if the person knows that—
(a) a building permit is required to carry out that work; and
(b) a building permit to carry out that work is not in force.
Penalty: 600 penalty units or imprisonment for 5 years or both, in the case of a natural person;
3000 penalty units, in the case of a body corporate.
(2) An offence against subsection (1) is an indictable offence.
(3) A person who is in the business of building must not carry out building work if the person knows that the building work is not being carried out in accordance with—
(a) this Act; or
(b) the building regulations; or
S. 16B(3)(c) amended by No. 11/2023 s. 5(3)(a).
(c) the building permit issued in relation to that work; or
S. 16B(3)(d) inserted by No. 11/2023 s. 5(3)(b).
(d) any binding determination that applies to the carrying out of that work.
Penalty: 600 penalty units or imprisonment for 5 years or both, in the case of a natural person;
3000 penalty units, in the case of a body corporate.
(4) An offence against subsection (3) is an indictable offence.
(5) Subsections (1) and (3) do not apply if the building work is exempted by or under this Act or the regulations.
person in the business of building includes a person who is in the business of managing or arranging the carrying out of building work.
Division 2—Applications for building permits
17 Applications for building permits
An application for a building permit may be made to a municipal building surveyor or to a private building surveyor appointed under Part 6—
(a) by or on behalf of the owner of the building or the owner of the land, in or on which the building work is to be carried out; or
(b) if the land in or on which the building work is to be carried out is a lot of a kind referred to in section 9AA(1) of the Sale of Land Act 1962, by the purchaser under a contract for the sale of that lot.
S. 17A inserted by No. 11/2023 s. 32.
17A Relevant building surveyor must give owner of land or building an information statement
(1) This section applies if a person has applied to a building surveyor for the issue of a building permit for building work in relation to a building of a prescribed class of building.
(2) The relevant building surveyor must, within 10 working days after issuing the building permit, give the owner of the building or the land to which the building work under the permit relates an information statement in the prescribed form and manner that contains the prescribed information.
See the relevant transitional and savings provision that relates to this subsection in section 285.
(3) The failure of a relevant building surveyor to comply with subsection (2) after issuing a building permit does not affect the validity of that building permit.
18 Schedule 2 to apply
Schedule 2 applies in relation to an application for a building permit under this Part.
Notes to s. 18 inserted by No. 34/2013 s. 18.
Notes
Note 1 to s. 18 amended by No. 43/2019 s. 5(1).
1 A person applying for a building permit must pay the building permit levy calculated under Subdivision 4 of Division 2 of Part 12.
Note 2 to s. 18 amended by No. 43/2019 s. 5(2).
2 An application for a building permit must include information that enables the building permit levy to be calculated (see section 205H(1) and (1A)).
S. 18AA inserted by No. 21/2017 s. 58.
18AA Relevant building surveyor must apply for building permit number for building permit
(1) On accepting an application for a building permit in relation to building work, the relevant building surveyor must apply to the Authority for a building permit number for the proposed building permit.
(2) An application under subsection (1) must—
(a) be in writing in the form (if any) approved by the Authority; and
S. 18AA(2)(b) substituted by No. 48/2025 s. 63.
(b) include the cost of the building work (calculated under Subdivision 4 of Division 2 of Part 12) proposed; and
S. 18AA(2)(c) repealed by No. 43/2019 s. 6.
(d) include the prescribed information relating to the proposed building permit and building work to which the permit relates.
(3) The relevant building surveyor may consider the application pending the issue of the building permit number for the building permit.
S. 18A (Heading) amended by No. 10/2017 s. 31(1).
S. 18A inserted by No. 35/2006 s. 9.
18A Notice to Development Victoria of application
S. 18A(1)(a) amended by No. 10/2017 s. 31(2).
(a) an application for a building permit relates to the carrying out of building work on land in a project area within the meaning of the Development Victoria Act 2003; and
(b) a resolution is in force under Division 5A of Part 3 of that Act levying a general development charge or an infrastructure recovery charge in respect of that project area.
(2) The relevant building surveyor must without delay—
S. 18A(2)(a) amended by Nos 35/2011 s. 17(1), 10/2017 s. 31(3).
(a) notify Development Victoria in writing of—
(i) the application; and
S. 18A(2)(a)(ii) amended by No. 34/2013 s. 19(1)(a), substituted by No. 48/2025 s. 64(1).
(ii) the cost of the building work (calculated under Subdivision 4 of Division 2 of Part 12); and
S. 18A(2)(a)(iii) amended by Nos 34/2013 s. 19(1)(b), 21/2017 s. 59(1).
(iii) any refusal of the application under section 205HA; and
S. 18A(2)(a)(iv) substituted by No. 48/2025 s. 64(2).
(iv) any decision of the Building Appeals Board relating to the cost of the building work; and
S. 18A(2)(b) amended by Nos 35/2011 s. 17(1), 10/2017 s. 31(3).
(b) provide Development Victoria with a copy of any relevant planning permit that authorises both the construction of the buildings to which the building work relates and a subdivision of the land on which the building work is to be carried out.
S. 18B inserted by No. 23/2010 s. 14.
18B Notice to Commissioner of State Revenue of application
(a) an application for a building permit relates to the carrying out of building work on land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987); and
(b) the application is not an excluded event (within the meaning of section 201RB of that Act); and
(c) none of the circumstances described in section 201SA of that Act applies to the land.
(2) The relevant building surveyor, within 14 days after receiving the application, must give a notice of the application to the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997.
(3) A notice under subsection (2) must contain the following information—
(a) a description of the land;
(e) the name and contact details of any owner of the land, if the applicant is not the owner;
S. 18B(3)(f) amended by No. 21/2017 s. 59(2), substituted by No. 48/2025 s. 65.
(f) the cost of the building work calculated by the relevant building surveyor under section 205I.
S. 18C inserted by No. 21/2017 s. 60.
18C Further notice to Commissioner of State Revenue
(a) a relevant building surveyor has given a notice to the Commissioner of State Revenue under section 18B(2) relating to an application for a building permit described in section 18B(1)(a); and
S. 18C(1)(b) amended by No. 48/2025 s. 66(1).
(b) the relevant building surveyor receives a notice from the Authority under section 205LB(1)(b) stating that the cost of the building work relating to the application has increased; and
S. 18C(1)(c) amended by No. 48/2025 s. 66(1).
(c) the increase in the cost of the building work means that the application is no longer an excluded event (within the meaning of section 201RB of the Planning and Environment Act 1987); and
(d) none of the circumstances described in section 201SA of the Planning and Environment Act 1987 applies to the land on which the building work is to be carried out.
(2) The relevant building surveyor must give a further notice of the application to the Commissioner of State Revenue containing the following information—
(a) a description of the land on which the building work is being or is to be carried out;
(e) the name and contact details of any owner of the land, if the applicant is not the owner;
S. 18C(2)(f) substituted by No. 48/2025 s. 66(2).
(f) the cost of the building work (calculated under Subdivision 4A of Division 2 of Part 12).
(3) A notice under subsection (2) must be given within 10 business days after the relevant building surveyor receives the notice under section 205LB(1)(b) from the Authority.
S. 18D (Heading) amended by No. 11/2023 s. 33(1).
S. 18D inserted by No. 1/2020 s. 133.
18D Notice to Secretary to Department of application
(a) an application for a building permit relates to the carrying out of building work on land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020); and
(b) the application is not an excluded event within the meaning of that Act.
S. 18D(2) amended by No. 11/2023 s. 33(2).
(2) The relevant building surveyor, within 14 days after receiving the application, must give to the Secretary to the Department—
(a) a notice of the application; and
(b) a copy of the application and any documents that accompany the application.
The regulations may prescribe documents which may be required to accompany an application—see clause 1(b) of Schedule 2.
(3) A notice under subsection (2)(a) must contain the following information—
(a) a description of the land;
(e) the name and contact details of any owner of the land, if the applicant is not the owner.
Pt 3 Div. 3 (Heading) amended by No. 21/2017 s. 61.
Division 3—Decisions on building permits and other matters
19 Decision on application for building permit
(1) The relevant building surveyor must decide an application for a building permit by—
Note to s. 19(1) inserted by No. 12/2021 s. 7.
The relevant building surveyor must refuse a permit if an Order under section 131 of the Planning and Environment Act 1987 is in effect and applies to the land to which the permit application relates unless the permit is for building work in respect of a development that is specified in the Order as an exception—see section 132 of that Act.
(2) The regulations may prescribe a time within which the relevant building surveyor must decide an application for a building permit.
S. 19(3) amended by No. 21/2017 s. 99.
(3) The relevant building surveyor is taken to have refused a building permit if the application is not decided within the prescribed time.
20 Types of permit
A building permit may be—
(a) a permit for the whole of the proposed building work; or
(b) a permit for a stage of proposed building work.
21 Requirement for occupancy permit
(1) The relevant building surveyor must specify in a building permit—
(a) whether an occupancy permit is required under subsection (2) in respect of the building work; and
S. 21(1)(b) amended by No. 11/2023 s. 34(1).
(b) whether the occupancy permit is required for the whole or part of the building in respect of which the building work is carried out; and
S. 21(1)(c) inserted by No. 11/2023 s. 34(2).
(c) whether a draft building manual must be given to the relevant building surveyor with the application for any required occupancy permit.
(2) An occupancy permit is required in respect of all building work except—
(a) building work which the relevant building surveyor considers to be minor; or
(b) building work which the relevant building surveyor considers does not compromise the suitability of the building for occupation; or
(c) prescribed building work.
S. 22 amended by No. 34/2013 s. 34(Sch. 1 item 1).
22 Guarantees and bonds
In prescribed circumstances, a building permit may be issued subject to a condition that the applicant deposit with the relevant council or, in the case of a permit issued by a private building surveyor, with the Authority—
(a) a bond for an amount determined in accordance with the regulations; or
S. 22(b) substituted by No. 11/2001 s. 3(Sch. item 8).
(b) an undertaking to pay that amount together with a guarantee provided by a body that is permitted to use the expression "bank" under section 66 of the Banking Act 1959 of the Commonwealth—
to secure the complete and satisfactory carrying out of the work authorised by the building permit.
23 Reporting authority to be notified of permit
If the relevant building surveyor issues a building permit which differs from or fails to implement the recommendations in a reporting authority's report under Schedule 2 on the application for the permit, the relevant building surveyor must notify the reporting authority without delay of the permit and give the reporting authority a copy of the permit.
S. 23A inserted by No. 21/2017 s. 62.
23A Offences relating to the issue of a building permit
(1) The relevant building surveyor must not issue a building permit unless the Authority has issued a building permit number for that building permit.
(2) The relevant building surveyor must not issue a building permit unless the permit specifies—
(a) the building permit number issued by the Authority for that building permit; and
(b) any other information required by the regulations to be specified in the building permit.
50 penalty units, in the case of a body corporate.
24 Refusal of building permit
S. 24(1) amended by No. 66/2004 s. 5(1).
(1) Subject to section 24A and Division 4, the relevant building surveyor must not issue a building permit unless he or she is satisfied that—
S. 24(1)(a) amended by No. 11/2023 s. 6.
(a) the building work and the building permit will comply with this Act, the building regulations and any binding determination that applies to the carrying out of that building work; and
S. 24(1)(b) amended by Nos 28/2000 s. 13(a), 21/2017 s. 99.
(b) any consent of a reporting authority required under this Act or the regulations or under any other Act or regulations is obtained or taken to have been obtained in accordance with Schedule 2; and
S. 24(1)(c) substituted by No. 28/2000 s. 13(b).
(c) any relevant planning permit or other prescribed approval has been obtained; and
S. 24(1)(d) inserted by No. 28/2000 s. 13(b), amended by No. 48/2025 s. 47(1).
(d) the building permit will be consistent with that planning permit or other prescribed approval; and
S. 24(1)(e) inserted by No. 48/2025 s. 47(2).
(e) the building permit levy imposed by section 205G(1), (2) and (2A) has been paid.
See also section 205GA.
S. 24(2) amended by No. 66/2004 s. 5(1).
(2) Subject to section 24A and Division 4, the relevant building surveyor must not issue a building permit that imposes on the applicant lesser or greater standards or requirements than those prescribed by this Act or the building regulations, unless permitted to do so by this Act or the building regulations.
S. 24(3) substituted by No. 91/1995 s. 137(1), amended by No. 35/2004 s. 35(1), repealed by No. 66/2004 s. 5(2), new s. 24(3) inserted by No. 35/2006 s. 10, amended by Nos 35/2011 s. 17(2), 10/2017 s. 31(4).
(3) The relevant building surveyor must not issue a building permit for the carrying out of building work for which notice is required to be given to Development Victoria under section 18A unless Development Victoria has notified the relevant building surveyor under section 51ZA of the Development Victoria Act 2003 that—
(a) a general development charge or an infrastructure recovery charge is not payable in respect of the building work for which the permit is to be issued; or
S. 24(3)(b) amended by No. 10/2017 s. 31(4)(b).
(b) if a general development charge or an infrastructure recovery charge is payable in respect of that building work, the charge has been paid or the person liable to pay the charge has entered into an agreement with Development Victoria under section 51Y of that Act to pay the charge.
S. 24(4) repealed by No. 66/2004 s. 5(2),
new s. 24(4) inserted by No. 23/2010 s. 15.
(4) The relevant building surveyor must not issue a building permit for the carrying out of building work on land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987), unless the applicant produces any of the following certificates relating to that liability issued by the Commissioner of State Revenue under that Part—
(a) a certificate of release;
(b) a certificate of exemption;
(c) a certificate of staged payment approval;
(d) a certificate of no GAIC liability.
Note to s. 24(4) amended by No. 21/2017 s. 95(1).
Under Part 9B of the Planning and Environment Act 1987, the Commissioner of State Revenue must
issue a certificate of release if the person liable to pay a growth areas infrastructure contribution has been released from that liability for various reasons, including the fact that the person has paid the contribution or had the contribution totally reduced. The Commissioner must also issue a certificate of exemption under that section if the person liable to pay a growth areas infrastructure contribution is exempt from the liability to pay the contribution. The Commissioner must also issue a person with a certificate of staged payment approval if the person has been given approval for the staged payment of the contribution.
S. 24(4A) inserted by No. 91/1995 s. 137(2), repealed by No. 66/2004 s. 5(2), new s. 24(4A) inserted by No. 1/2020 s. 134, amended by No. 11/2023 s. 35.
(4A) The relevant building surveyor must not issue a building permit for the carrying out of building work on land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020) unless the applicant produces any of the following certificates issued by the Secretary to the Department under that Act—
(a) a certificate of release in relation to the land;
(b) a certificate of staged payment approval in relation to the land;
(c) a certificate of no liability in relation to the application for the building permit.
S. 24(4B) inserted by No. 91/1995 s. 137(2), repealed by No. 66/2004 s. 5(2).
S. 24(5) inserted by No. 50/1995 s. 5.
(5) If an amount of community infrastructure levy is payable under Part 3B of the Planning and Environment Act 1987 in respect of a development for which building work is required, the relevant building surveyor must not issue a building permit in respect of that building work unless he or she is satisfied that—
S. 24(5)(a) amended by No. 101/2004 s. 11.
(a) that amount of levy has been paid to the relevant collecting agency under that Part; or
(b) an agreement to pay that amount of levy has been entered into under that Part.
S. 24(6) inserted by No. 7/2018 s. 22.
(6) If a monetary component amount and any land equalisation amount of an infrastructure contribution imposed under an approved infrastructure contributions plan is payable in respect of the carrying out of building work, the relevant building surveyor must not issue a building permit in relation to that building work unless the applicant satisfies the relevant building surveyor that—
(a) those amounts have been paid to the collecting agency in accordance with section 46GV(3) of the Planning and Environment Act 1987; or
(b) the applicant has entered into an agreement with the collecting agency under section 46GV(3) of that Act for the payment of those amounts.
S. 24(7) inserted by No. 7/2018 s. 22.
(7) If any land component of an infrastructure contribution imposed under an approved infrastructure contributions plan in respect of the carrying out of building work includes the provision of inner public purpose land (within the meaning of Part 3AB of the Planning and Environment Act 1987), the relevant building surveyor must not issue a building permit for that building work unless the applicant satisfies the relevant building surveyor—
(a) that the inner public purpose land has been set aside as a road or reserve on a plan under the Subdivision Act 1988 to vest in the collecting agency or a development agency
(as the case requires) under that Act; and
(b) the plan has been lodged for registration under section 22 of the Subdivision Act 1988.
S. 24(8) inserted by No. 43/2024 s. 26.
(8) The relevant building surveyor must not issue a building permit for building work in any circumstance prescribed in the building regulations that applies or relates to that building work.
S. 24A inserted by No. 66/2004 s. 6, amended by Nos 34/2013 s. 19(2), 15/2016 ss 45, 46(2), substituted by No. 21/2017 s. 22.
24A Further limitations on the issue of building permits
(1) The relevant building surveyor must not issue a building permit in relation to building work unless the relevant building surveyor is satisfied that—
S. 24(1)(a) amended by No. 40/2021 s. 5(1).
(a) the building work is to be carried out by a person who is specified under section 24B as the builder for that work; and
S. 24(1)(b) substituted by No. 40/2021 s. 5(2).
(b) the person is named in the building permit as the builder; and
(c) in the case of building work carried out under a major domestic building contract—
S. 24A(1)(c)(i) substituted by No 3/2020 s. 23.
(i) if the cost of the building work exceeds the prescribed amount—
(A) if the builder is not a member of a partnership, the name of the person who is named as the builder in the contract is identical to the name of the person specified as the builder in a certificate of insurance; or
(B) if the builder is a member of a partnership, the name of the builder and the name of the partnership specified in the contract is identical to the name of the builder and the name of the partnership specified in a certificate of insurance; and
(ii) the major domestic building contract was entered into by a person entitled to do so under section 29 of the Domestic Building Contracts Act 1995; and
(d) in the case of a builder who is a body corporate, there is specified in the building permit the name of a natural person on whom directions, notices and orders under this Act directed to the body corporate can be served.
(2) The regulations may specify the manner in which the relevant building surveyor may be satisfied on the matters in subsection (1)(c)(i).
(3) In subsection (1)(c)(i)—
S. 24A(4) inserted by No. 3/2020 s. 23(2).
certificate of insurance means a certificate of insurance from the insurer providing the required insurance in relation to the building work.
S. 24B inserted by No. 21/2017 s 22.
24B Specification of builders in relation to specific building work
(1) This section specifies builders for the purposes of section 24A(1)(a).
(2) If the cost of the building work does not exceed the prescribed amount for this subsection, the builder must be—
(a) a building practitioner; or
(b) the owner of the building or land in or on which the building work is to be carried out; or
S. 24B(2)(c) amended by No. 26/2019 s. 114(1)(a).
(c) an architect who is registered under the Architects Act 1991; or
S. 24B(2)(d) inserted by No. 26/2019 s. 114(1)(b).
(d) an endorsed building engineer.
(3) If the building work is not domestic building work and the cost of the building work exceeds the prescribed amount for subsection (2), the builder must be—
S. 24B(3)(a) amended by No. 46/2018 s. 5(1), substituted by No. 40/2021 s. 6(1)(a).
(a) a registered building practitioner other than a provisionally registered builder subcontractor or a registered builder subcontractor; or
S. 24B(3)(ab) inserted by No. 46/2018 s. 5(2), repealed by No. 40/2021 s. 6(1)(b).
(b) the owner of the building or land in or on which the building work is to be carried out; or
S. 24B(3)(c) amended by Nos 46/2018 s. 31, 26/2019 s. 114(2)(a).
(c) an architect registered under the Architects Act 1991; or
S. 24B(3)(d) inserted by No. 26/2019 s. 114(2)(b).
(d) an endorsed building engineer.
(4) If the building work is domestic building work being carried out under a major domestic building contract, the builder must—
(a) be the builder who entered into that contract; and
S. 24B(4)(b) amended by No. 46/2018 s. 5(3), substituted by No. 40/2021 s. 6(2).
(b) be registered under Part 11, other than provisionally registered or registered as a builder subcontractor, and the registration authorises the carrying out of that work.
S. 24B(5) amended by No. 48/2025 s. 67(1).
(5) If the building work is domestic building work not being carried out under a major domestic building contract and the cost of the building work (calculated under Subdivision 4 of Division 2 of Part 12) exceeds the prescribed amount for subsection (2) but does not exceed the prescribed amount for section 25B, the builder must be the owner of the building or land in or on which the building work is to be carried out.
S. 24B(6) amended by No. 48/2025 s. 67(1).
(6) If the building work is domestic building work not being carried out under a major domestic building contract and the cost of the building work (calculated under Subdivision 4 of Division 2 of Part 12) exceeds the prescribed amount for section 25B, the builder must be an owner referred to in section 25B of the building or land in or on which the work is being carried out.
S. 24B(7) repealed by No. 48/2025 s. 67(2).
(8) In subsection (2)—
(b) if an amount is not prescribed, $5000.
Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
Version No. 146
Building Act 1993
No. 126 of 1993
Version incorporating amendments as at
1 April 2026
table of provisions
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions and interpretation 2
3A Calculating the cost of the building work 34
4 Objectives of Act 35
5 Application to Crown and public authorities 36
Part 2—Building standards 37
7 Building regulations 37
8 Local laws 38
9 Incorporation by reference 38
9A Regulatory impact statement not required for certain amendments 38
10 Application of new building regulations or binding determinations to building work 39
11 Effect of planning schemes 40
12 Revocation of other regulations relating to building 40
13 Effect on local laws 41
14 Accreditation of building products 41
14B Authority to keep register of accredited building products 43
15 Building surveyor must not refuse to approve building work on certain grounds 43
15A Building regulations with respect to swimming pools 43
15B Maintenance of exits 47
Part 3—Building permits 49
Division 1—Building permit required 49
16 Offences relating to carrying out building work 49
16A Exception if permit suspended 50
16B Indictable offences relating to carrying out building work 51
Division 2—Applications for building permits 52
17 Applications for building permits 52
17A Relevant building surveyor must give owner of land or building an information statement 53
18 Schedule 2 to apply 53
18AA Relevant building surveyor must apply for building permit number for building permit 54
18A Notice to Development Victoria of application 55
18B Notice to Commissioner of State Revenue of application 56
18C Further notice to Commissioner of State Revenue 57
18D Notice to Secretary to Department of application 58
Division 3—Decisions on building permits and other matters 59
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.
19 Decision on application for building permit 59
20 Types of permit 60
21 Requirement for occupancy permit 60
22 Guarantees and bonds 61
23 Reporting authority to be notified of permit 61
23A Offences relating to the issue of a building permit 61
24 Refusal of building permit 62
24A Further limitations on the issue of building permits 66
24B Specification of builders in relation to specific building work 68
25 Reasons for refusal to be given 70
25AA A person may notify relevant building surveyor if becomes owner of land subject to building permit 71
25A Notice of ending of engagement of builder 72
25AB Notice to relevant building surveyor of subsequent engagement of builder 73
25AC Change of builder on building permit 74
25AD Relevant building surveyor to notify Authority and relevant council of certain information 74
25AE Suspension of building permit 75
25B Restrictions on owner-builder 76
Division 3AA—Issue of building permit number by the Authority 78
25BA Issue of building permit number 78
25BB Authority may refuse to issue building permit number 79
25BC Authority must decide to issue building permit number within prescribed period 79
25BD Authority must notify applicant of refusal to issue building permit number 80
25BE Authority must notify council of issue of building permit number 80
25BF Review by VCAT of refusal to issue building permit number 80
Division 3A—Certificates of consent for owner‑builders 81
25C Application for owner-builder certificate of consent 81
25D Further particulars 81
25E Decision on application for certificate of consent 81
25F Applications in relation to land owned by related bodies 84
25G Certificate of consent 85
25H Register of certificates 86
25J Review by VCAT 86
Division 4—Special provisions 87
26 Prescribed places of public entertainment 87
28 Historic buildings and special buildings 87
29 Subdivision 88
29A Application for building permit for demolition 89
29B Suspension of demolition permit pending amendment of planning scheme 90
Division 5—Register and records 92
30 Relevant building surveyor to give copies of permits and documents to council 92
30A Authority may approve checklist of documents to be certified 93
30B Relevant building surveyor must certify that documents given to council 93
31 Register of building permits 93
32 Keeping of records 94
32A Council to notify Development Victoria of issue of building permit 94
Part 4—Inspection of building work 96
Division 1—Inspections 96
33 Notification during building work 96
34 Inspections at mandatory notification stages 97
35 Inspection of building work—general powers 97
35A Record of inspection of building work 97
35B Persons carrying out inspections must be registered practitioners or prescribed persons 97
Division 2—Directions to fix building work 98
37 Definitions 98
37A Direction by relevant building surveyor to fix building work 99
37B Direction by authorised person to fix building work 99
37C Method of giving directions 100
37D Written direction if oral direction not complied with 100
37E Requirements of directions to fix building work 101
37F Written directions to fix building work 101
37G Extension of time to comply with direction 102
37H Offences relating to compliance with direction 102
37HA Operation of direction may be stayed 103
37I Direction may be revoked 103
37J Relevant building surveyor or authorised person must give copies of directions and other notices to owner 104
37K Notice to owner and Authority of non‑compliance with direction 105
Division 3—Certificates of final inspection 105
38 Certificate of final inspection 105
Part 5—Occupation of buildings and places of public entertainment 106
Division 1—Occupancy permits (building work) 106
39 Occupancy permit must be obtained 106
40 Occupation must be in accordance with permit 107
41 Applications for occupancy permits 107
41A Requirement to provide a draft building manual with an application for an occupancy permit 107
41B Approval of building manual 108
42 Schedule 2 to apply 108
43 Decision on application for occupancy permit 109
44 Refusal of occupancy permit 109
44A Applicant for occupancy permit must give approved building manual to owners corporation 110
44B Owners corporation must update an approved building manual 110
44C Owner of building must update an approved building manual 110
44D Offence to include false or misleading information in a building manual 111
45 Form of occupancy permit 111
46 Effect of occupancy permit 112
47 Reporting authority to be notified of occupancy permit 112
48 Reasons for refusal to be given 112
Division 2—Occupancy permits (places of public entertainment) 112
49 Public entertainment not to be conducted at place without occupancy permit 112
50 Place not to be used for public entertainment without occupancy permit 113
51 Use of place of public entertainment must be in accordance with permit 113
52 Use of prescribed temporary structure must be in accordance with permit 113
53 Applications for occupancy permits 114
54 Schedule 2 to apply 114
55 Refusal of occupancy permit 114
56 Decision on application for occupancy permit 115
57 Prescribed temporary structures—special provisions 115
58 Effect of occupancy permit 116
59 Form of occupancy permit 116
60 Reporting authority to be notified of occupancy permit 116
61 Owner to notify others of occupancy permit 117
62 Reasons for refusal to be given 117
63 Inspection of places of public entertainment 117
Division 3—Temporary occupation of buildings 118
64 Temporary occupation of buildings 118
65 Who may apply for approval? 118
66 Form of application 118
67 Determination of applications 119
68 Form of approval 119
69 Reasons for refusal to be given 119
Division 4—Amendment and cancellation of permits and approvals 120
70 Amendment of permit or approval 120
71 Cancellation of permit or approval if fraud or misrepresentation 120
72 Cancellation of occupancy permit on other grounds 121
Division 5—Register and records 121
73 Relevant building surveyor to give copies of documents to council 121
74 Register of occupancy permits and temporary approvals 122
75 Keeping of records 122
Part 6—Private building surveyors 124
Division 1—Appointments of private building surveyors 124
76 Functions of private building surveyor 124
77 Additional functions 124
78 When may a private building surveyor be appointed? 124
78A Offence to accept appointment of private building surveyor if unregistered 126
78B Private building surveyor prohibited from delegating functions unless authorised 126
79 Circumstances in which private building surveyor may not act 126
80 Private building surveyor to notify council 129
80A Designated building surveyors 129
80B Duties of designated building surveyors 130
Division 1A—Transfer of functions of private building surveyor 131
80C A private building surveyor may transfer functions relating to building work to another building surveyor 131
80D Authority may direct transfer of functions of employee building surveyor 133
Division 2—Termination of appointment with consent of Authority 135
81 Termination of appointment 135
82 Directions of Authority 136
83 Effect of transfer of functions 137
Division 3—Appointment by Authority of manager of business of private building surveyor 138
Subdivision 1—Preliminary 138
83A Definition 138
Subdivision 2—Appointment of manager 138
83B Appointment of manager 138
83C Who may be appointed as a manager? 139
83D Terms of appointment 140
83E Conditions on appointment of manager 140
83F Notice of appointment 141
83G Effect of service of notice of appointment 141
Subdivision 3—Management of business 142
83H Powers of manager 142
83I Powers of entry etc. 142
83J Acts of manager taken to be acts of private building surveyor 145
83K Protection from liability 145
83L Payment of expenses of management 145
83M Business accounts 146
83N Records and accounts of business under management 146
83O Reports by manager 147
83P Deceased estates 147
Subdivision 4—Termination of appointment 148
83Q Termination of manager's appointment 148
Subdivision 5—Applications to VCAT 149
83R Review of decision to appoint manager 149
83S Directions of VCAT 150
Subdivision 6—General 150
83T Confidentiality 150
83U Offence to obstruct manager 151
83V Owner may recover money paid to private building surveyor 151
Part 7—Protection of adjoining property 153
84 Notice of building work to be given 153
84A Owner must make reasonable inquiries to find name and address of adjoining owner 153
84B Council may disclose name and address of owner of adjoining property 154
85 Adjoining owner must respond to notice 154
86 Effect of agreement 155
87 Effect of disagreement or request for further information 155
88 Work not to be carried out until protection requirements met 156
89 Emergency procedures 157
90 Absent or incapable owners 158
91 Appointment of agent for adjoining owner 158
92 Adjoining owner may inspect plans 159
93 Owner to arrange insurance cover 159
94 Survey of adjoining property 161
95 Entry on adjoining property 161
96 Adjoining owner and adjoining occupier not to obstruct owner 162
97 Expenses of adjoining owner 163
98 Compensation 163
99 Liability not affected 163
100 Saving for easements 163
101 Lodgment of plans after completion of protection work 164
Part 8—Enforcement of safety and building standards 165
Division 1—Emergency orders 165
102 Emergency orders 165
103 Orders to vacate 165
104 Orders to owners, occupiers or builders 166
105 Form and service of emergency order 167
105A Duration of order 167
105B Cancellation of emergency order 168
Division 2—Building notices and building orders 168
106 Building notices 168
107 Actions by private building surveyors 169
108 Contents and form of building notice 170
109 Representations by owner 171
110 Cancellation of building notice 171
111 Building orders—general 171
112 Building orders to stop building work 173
113 Building orders—minor work or action 174
114 Form and service of building order 176
115 Failure to comply with order by private building surveyor 176
116 Amendment or cancellation of certain building orders 176
117 Duration of order 177
Division 3—General 177
118 Contravention of emergency order or building order 177
118A Building notices and building orders to be last resort 178
119 Building permit not required 178
120 Completion of work required by emergency order or building order 178
121 Work may be carried out by municipal building surveyor 179
122 Minister may authorise action where immediate danger 179
123 Recovery of costs 179
124 Police assistance 180
125 Relevant building surveyor to notify council 180
126 Register of orders 181
Part 9—Liability 182
Division 1—Immunity 182
127 Immunity for Commissioners and staff 182
127AA Immunity for Building Monitor and acting Building Monitor 182
127A Immunity for members of public authorities and staff 183
128 Immunity for building surveyor relying on certificate 183
128A Immunity for building surveyor in relation to approving a draft building manual 184
Division 2—Limitation of actions 184
129 Definitions 184
130 Division not to affect certain matters 184
134 Limitation on time when building action may be brought 185
134A Limitation on time when plumbing action may be brought 186
Division 3—Insurance 187
135 Order requiring insurance 187
136 Offence to work as building practitioner or engineer without required insurance 189
137 Offence to claim to be insured when uninsured 190
137AA Insurance for domestic building work to be provided by designated insurers 190
137A Insurance for domestic building work 192
137B Offence for owner-builder to sell building without report or insurance 194
137C Warranties for purposes of homes under section 137B 199
137D Insurance requirements for the purposes of homes under section 137B 200
137E Insurance requirements for home sold before completion 201
Division 4—Cladding rectification subrogation 202
137F Subrogation 202
137G Repayment of financial assistance 204
Part 10—The Building Appeals Board and its jurisdiction 205
Division 1—Rights of appeal 205
138 Building and occupancy permits 205
138A Directions to fix building work 206
139 Temporary occupation of buildings 206
140 Private building surveyors 207
141 Protection work 208
142 Building notices and orders 208
144 Appeals—Building regulations 209
144A Appeals—Building and Construction Industry Security of Payment Act 2002 210
Division 2—Appeals 210
145 Division additional to other powers 210
146 Effect of decisions under appeal 211
147 Fast track appeals 211
148 Nature of an appeal 212
149 What action can be taken on appeal? 212
Division 3—Disputes 213
150 Disputes about inspections 213
151 Emergency protection work 214
152 Insurance 214
153 Surveys of adjoining property 214
154 Cost of supervising protection work 214
155 Other disputes between owners and adjoining owners 214
156 Disputes about the building permit levy 215
157 Application and effect of building regulations 215
158 Party walls 216
Division 4—Other proceedings 216
159 Compensation—protection work 216
160 Modification of building regulations 216
160A Application for determination in respect of building design 218
160B Application for modification of building regulations relating to access for persons with disabilities 219
Division 5—Powers concerning disputes and other proceedings 224
161 General powers 224
162 Special powers—modification of regulations 225
163 Agreements 226
164 Termination and variation of agreements 227
165 Lodging and recording of agreements 228
Division 6—The Building Appeals Board 229
166 Establishment and membership of Building Appeals Board 229
168 Register 231
Part 11—Registration of building practitioners 232
Division 1—Offences 232
169 Representation in relation to registration 232
169AA Certain registered builders must not
This is an opening excerpt, not the complete document.