205DPayments out of the Plumbing account

205D Payments out of the Plumbing account There must be paid out of the Plumbing account— (a) any amounts required to enable the Authority to carry out its functions in administering and enforcing Part 12A and the regulations under that Part; and S. 205D(b) substituted by No. 43/2024 s. 14. (b) any amount of money required to refund the following— (i) any licence or registration fee paid in relation to a plumbing licence or plumbing registration that was not granted or renewed; (ii) any endorsement fee paid in relation to an endorsement under section 221N or 221OA that was not given; (iii) an amount charged for a compliance certificate form; and (c) the remuneration and allowances of members of the Plumbing Advisory Council. S. 205DA inserted by No. 43/2019 s. 14. 205DA Payments into the Cladding Safety Victoria account There must be paid into the Cladding Safety Victoria account— (a) any amounts received by the Authority under Subdivision 4 on account of the building permit levy payable under section 205G(2A); and (b) the following received by the Authority on account of, or in relation to, the building permit levy payable under section 205G(2A)— (i) any amounts under Subdivision 4A or 4B; (ii) any penalty levy imposed by the Authority under those Subdivisions; (iii) any costs charged by the Authority under section 205LJ(1); and (c) income from the investment of the Cladding Safety Victoria account; and S. 205DA(d) repealed by No. 31/2020 s. 56(1). S. 205DA(e) repealed by No. 31/2020 s. 56(2). (f) any other money required or authorised by or under this or any other Act or the regulations to be paid into or credited to the Cladding Safety Victoria account. S. 205DB inserted by No. 43/2019 s. 14. 205DB Payments out of the Cladding Safety Victoria account (1) There must be paid out of the Cladding Safety Victoria account— S. 205DB(1)(a) repealed by No. 31/2020 s. 57. (b) the amount of any refunds required to be given by the Authority under section 205LBA(1)(b); and (c) any amounts authorised by the Minister for the purposes of conducting— (i) the review under Subdivision 4C; and (ii) any other review of this Act, the regulations and any other Acts or regulations related to the building industry; and S. 205DB (1)(ca) inserted by No. 11/2023 s. 46. (ca) the amounts authorised by the Minister for any one or more of the following purposes— (i) determining whether cladding rectification work is required to be carried out to improve the safety of a building and the nature and scope of such cladding rectification work; (ii) the carrying out, or to facilitate the carrying out, of cladding rectification work; (iii) overseeing the activities described in subparagraphs (i) and (ii); and (d) any amounts directed under subsection (2) to be paid into the Consolidated Fund; and (e) any other amounts required or authorised to be paid out of the Cladding Safety Victoria account by or under this or any other Act. (2) If the Treasurer is satisfied that there is in the Cladding Safety Victoria account at any time an amount in excess of the amount required to meet the anticipated payments from the account, the Treasurer, after consultation with the Authority and the Minister, may direct the payment of the whole or any part of that excess amount out of the account into the Consolidated Fund. S. 205DBA inserted by No. 17/2025 s. 8. 205DBA Payments into the Insurance account (1) There must be paid into the Insurance account— (a) all money received or recovered by or on behalf of or paid to the Authority under or in connection with a contract of insurance entered into for the purposes of an order under section 135 relating to domestic building work; and See section 197(bb). (b) income from the investment of the Insurance account. (2) All property vested in the Authority under Part 15 forms part of the Insurance account. S. 205DBB inserted by No. 17/2025 s. 8. 205DBB Payments out of the Insurance account There must be paid out of the Insurance account— (a) the costs and expenses incurred by the Authority in paying claims under contracts of insurance; and (b) any amounts required to be refunded under contracts of insurance; and (c) the costs and expenses incurred by the Authority in carrying on the business of undertaking liability by way of insurance; and (d) the costs and expenses incurred by the Authority in connection with liabilities that under Part 15 become the liabilities of the Authority. S. 205E inserted by No. 34/2013 s. 4. 205E Authority may invest funds The Authority may invest any part of the Victorian Building Authority Fund not immediately required for the purposes of the Fund in any manner approved by the Treasurer. S. 205F inserted by No. 34/2013 s. 4. 205F Authority may engage agent in administering Victorian Building Authority Fund The Authority may enter into arrangements or agreements with any person or body to act as its agent in the carrying out of its functions in relation to the administration of the Victorian Building Authority Fund. S. 205FA inserted by No. 17/2025 s. 9. 205FA Regulations The regulations may prescribe minimum prudential standards for the management of the Insurance account. Subdivision 4—Building permit levy S. 205G inserted by No. 34/2013 s. 4. 205G Building permit levy must be paid S. 205G(1) amended by Nos 21/2017 s. 66(1), 48/2025 s. 48. (1) A building permit levy must be paid in the amount of 0⋅064 cents in every dollar of the cost of the building work for which a building permit is required. A levy paid under this subsection is paid into the Building account of the Victorian Building Authority Fund and credited to the building permit levy account (see section 205A(2)). S. 205G(2) amended by Nos 21/2017 s. 66(1), 48/2025 s. 48. (2) In addition to the levy imposed by subsection (1), a building permit levy must be paid in the amount of 0⋅064 cents in every dollar of the cost of the building work for which a building permit is required. A levy paid under this subsection is paid into the Building account of the Victorian Building Authority Fund and credited to the domestic building dispute account (see section 205A(4)). S. 205G(2A) inserted by No. 43/2019 s. 15(1), amended by No. 48/2025 s. 48. (2A) In addition to the levies imposed by subsections (1) and (2), a building permit levy in the amount calculated under subsection (2B) or (2C) must be paid in relation to the cost of the building work for which a building permit is required in respect of a building— (a) that is not, or will not be, in regional Victoria; and (b) that is, or will be, of any of the following classes of building— (i) a class 2 building; (ii) a class 3 building; (iii) a class 4 building; (iv) a class 5 building; (v) a class 6 building; (vi) a class 7 building; (vii) a class 8 building. A levy paid under subsection (2A) is paid into the Cladding Safety Victoria account of the Victorian Building Authority Fund (see section 205DA(a)). S. 205G(2B) inserted by No. 43/2019 s. 15(1). (2B) If the building permit is a permit other than a staged permit, the levy imposed by subsection (2A) is calculated as follows— (a) if the cost of the building work for which the permit is required is $800 000 or more but less than $1 000 000—0·128 cents in every dollar of the cost the building work for which the permit is required; (b) if the cost of the building work for which the permit is required is $1 000 000 or more but less than $1 500 000—0·256 cents in every dollar of the cost of the building work for which the permit is required; (c) if the cost of the building work for which the permit is required is $1 500 000 or more—0·82 cents in every dollar of the cost of the building work for which the permit is required. S. 205G(2C) inserted by No. 43/2019 s. 15(1). (2C) If the building permit is a staged permit, the levy imposed by subsection (2A) is calculated as follows— (a) if the cost of the whole of the building work is $800 000 or more but less than $1 000 000—0·128 cents in every dollar of the cost the building work for which the permit is required; (b) if the cost of the whole of the building work is $1 000 000 or more but less than $1 500 000—0·256 cents in every dollar of the cost of the building work for which the permit is required; (c) if the cost of the whole of the building work is $1 500 000 or more—0·82 cents in every dollar of the cost of the building work for which the permit is required. S. 205G(2D) inserted by No. 31/2020 s. 57A. (2D) In the case of a building permit for which the building work relates to more than one class of building, and those classes of building include one or more class of building referred to in section 205G(2A) and a class 1, 9 or 10 building, the levy paid under subsection (2A) and calculated under subsection (2B) or (2C) must not include an amount that relates to the class 1, 9 or 10 building. S. 205G(3) substituted by No. 21/2017 s. 66(2), amended by No. 43/2019 s. 15(2). (3) A building permit levy is not payable under subsection (1) or (2) if the cost of the building work (including the cost of labour and materials) is $10 000 or less. New s. 205G(4) inserted by No. 43/2019 s. 15(3). (4) In this section a reference to a particular class of building is a reference to that class of building within the meaning of the Building Code of Australia. S. 205G(4)(5) repealed by No. 21/2017 s. 66(2). S. 205GA inserted by No. 21/2017 s. 67, amended by No. 48/2025 s. 49(1). 205GA Applicant must pay building permit levy The applicant for a building permit, or a person acting on behalf of the applicant, must pay to the Authority the amount of building permit levy calculated under section 205I before the building permit may be issued. Note to s. 205GA inserted by No. 48/2025 s. 49(2). See also section 24. S. 205H (Heading) amended by No. 48/2025 s. 50(1). S. 205H inserted by No. 34/2013 s. 4, substituted by No. 21/2017 s. 68. 205H Building permit application must contain information about cost of the building work S. 205H(1) substituted by No. 48/2025 s. 50(2). (1) An application for a building permit (including a staged permit) must specify— (a) if there is a contract or agreement (other than a cost-plus contract or agreement) with a builder for carrying out the building work for which the permit is sought— (i) the contract price or agreed amount to be paid to the builder under that contract or agreement; and (b) if there is a cost-plus contract or agreement with a builder for carrying out the building work for which the permit is sought— (i) the builder's estimate of the total amount that the builder will receive or is likely to receive under that contract or agreement; and (c) if the applicant is an owner-builder— (i) the owner-builder's estimate of the cost of the building work to be carried out by the owner-builder for which the permit is sought; and (iv) if the owner-builder has entered into a contract or agreement with a builder for carrying out of a part of the building work for which the permit is sought— (A) if the contract or agreement is not a cost-plus contract or agreement—the contract price or agreed amount to be paid to the builder for the building work; and (B) if the contract or agreement is a cost-plus contract or agreement—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 (C) the cost of any chattel and the cost of any prescribed excluded item to be supplied under the contract or agreement. S. 205H(1AA) inserted by No. 31/2020 s. 57B(1), substituted by No. 48/2025 s. 50(2). (1AA) In addition, an application for a building permit (including a staged permit)— (a) must specify the class or classes of building to which the building work relates; and (b) if the building work relates to one or more class of building referred to in section 205G(2A)(b) and a class 1, 9 or 10 building, the information required under subsection (1) must be specified according to whether the building work relates to— (i) the class or classes of building referred to in section 205G(2A)(b); or (ii) the class 1, 9 or 10 building. S. 205H(1A) inserted by No. 43/2019 s. 16(1), substituted by No. 48/2025 s. 50(2). (1A) In addition, an application for a staged permit must specify— (a) if there is a contract or agreement (other than a cost-plus contract or agreement) for carrying out the whole of the building work— (i) the contract price or agreed amount to be paid to the builder under that contract or agreement; and (b) if there is a cost-plus contract or agreement for carrying out the whole of the building work— (i) the builder's estimate of the total amount that the builder will receive or is likely to receive under that contract or agreement; and (c) if the applicant is an owner-builder— (i) the owner-builder's estimate of the cost of the building work for the whole of the building work to be carried out by the owner-builder; and (iv) if the owner-builder has entered into a contract or agreement with a builder for carrying out a part of the whole of the building work— (A) if the contract or agreement is not a cost-plus contract or agreement—the contract price or agreed amount to be paid to the builder for the whole of the building work; and (B) if the contract or agreement is a cost-plus contract or agreement—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 whole of the building work; and (C) the cost of any chattel and the cost of any prescribed excluded item under the contract or agreement. S. 205H(2) amended by Nos 43/2019 s. 16(2), 31/2020 s. 57B(2). (2) The requirements of this section are in addition to any other requirements under this Act or the regulations in relation to applications for building permits. S. 205HA inserted by No. 21/2017 s. 68, amended by Nos 43/2019 s. 17, 31/2020 s. 57C, substituted by No. 48/2025 s. 51. 205HA Relevant building surveyor must refuse building permit in certain circumstances (1) A relevant building surveyor must refuse an application for a building permit if the relevant building surveyor is satisfied of any of the following— (a) the contract price or agreed amount to be paid to the builder or the builder's estimate of the total amount the builder will receive or is likely to receive for carrying out the building work is substantially lower than the price or amount normally payable for carrying out building work of that kind; (b) the cost of any chattel specified in the application is substantially higher than the cost normally payable for a chattel of that kind; (c) the cost of any prescribed excluded item specified in the application is substantially higher than the cost normally payable for an item of that kind; (d) the application contains a statement about a matter referred to in paragraph (a) to (c) or subsection (2) that is false or misleading in a material particular; (e) for an application for a building permit that is not a staged permit—the application does not include the information required under section 205H(1) or (1AA); (f) for an application for a staged permit—the application does not include the information required under section 205H(1), (1AA) or (1A). (2) In addition, a relevant building surveyor must refuse an application for a building permit made by an owner-builder if the relevant building surveyor is satisfied of any of the following— (a) the estimate by the owner-builder of the cost of the building work to be carried out by the owner-builder is substantially lower than the cost normally payable for carrying out building work of that kind by an owner‑builder; (b) the contract price or agreed amount to be paid to a builder or subcontractor or a builder's or subcontractor's estimate of the total amount the builder or subcontractor will receive or is likely to receive for carrying out the building work is substantially lower than the price or amount normally payable for carrying out building work of that kind. (3) This section does not limit the circumstances in which a relevant building surveyor must refuse to issue a building permit. S. 205I inserted by No. 34/2013 s. 4, substituted by No. 43/2019 s. 18.