205KAuthority may recover unpaid levy

205K Authority may recover unpaid levy The Authority may recover from a person required to pay an amount of building permit levy to the Authority under section 205GA that amount in a court of competent jurisdiction as a debt due to the Authority. S. 205KA (Heading) amended by No. 48/2025 s. 53(1). S. 205KA inserted by No. 21/2017 s. 69. 205KA Authority must be notified of increased or decreased building costs S. 205KA(1) amended by Nos 43/2019 s. 19, 48/2025 s. 53(2). (1) This section applies if, after the issue of a building permit other than a staged permit in relation to the carrying out of building work in or on a building or land, a variation has been made to the building work which will result in an increase or a decrease in the cost of the building work calculated under section 205I by at least the prescribed amount. S. 205KA(2) substituted by No. 48/2025 s. 53(3). (2) If the variation to the building work is not related to an amendment of the building permit, the owner of the building or land must give a written notice to the Authority within 28 days after the owner becomes aware— (a) that the variation to the building work will result in an increase or decrease— (i) in the contract price; or (ii) if there is no contract—in the amount to be paid to the builder; or (iii) if the building permit was issued to an owner-builder—in the owner-builder's estimate of the total cost of the building work to be carried out by the owner‑builder; or (iv) if the building permit was issued to an owner-builder and there is a contract or agreement between the owner-builder and a builder to carry out part of the building work—in the contract price or the amount to be paid to the builder; and (b) of any change to the cost of any chattel; and (c) of any change to the cost of any prescribed excluded item. S. 205KA(3) substituted by No. 48/2025 s. 53(3). (3) If the variation to the building work is related to an amendment of the building permit, the relevant building surveyor must give a written notice to the Authority of the revised cost of the building work within 28 days after the relevant building surveyor re-calculates the cost of the building work. ***prescribed amount*** means the greater of— (b) $15 625. Under Subdivision 4A the Authority may reassess and charge an additional amount of building permit levy and also impose a penalty levy if subsection (2) or (3) is not complied with. Pt 12 Div. 2 Subdiv. 4A (Heading and ss 205L–205LF) inserted by No. 21/2017 s. 70. Subdivision 4A—Reassessments of levy by the Authority after permit issued New s. 205L inserted by No. 21/2017 s. 70. 205L Authority may reassess levy after building permit issued (1) The Authority may reassess the amount of building permit levy required to be paid in relation to building work after a building permit for that work has been issued because— S. 205L(1)(a) substituted by No. 48/2025 s. 54(1). (a) of a variation made to the building work which has resulted or will result in an increase in the cost of the building work; or S. 205L(1)(b) amended by Nos 43/2019 s. 20(1), 31/2020 s. 57E(1), substituted by No. 48/2025 s. 54(1). (b) the calculation made under section 205I(1) or (4) by the relevant building surveyor of the cost of the building work was incorrect; or S. 205L(1)(ba) inserted by No. 48/2025 s. 54(2). (ba) the Authority has received an application made in accordance with the regulations from the applicant for the building permit— (i) requesting a reassessment of the cost of the building work; and (ii) containing information to support the applicant's view that the amount of building permit levy should be decreased because the building work for which the building permit is sought was varied after the cost of the building work was calculated; S. 205L(1)(c) amended by No. 31/2020 s. 57E(2). (c) the Authority considers that the information provided by the applicant in the application for the building permit required under section 205H(1) or (1AA) was incorrect or misleading. S. 205L(1A) inserted by No. 43/2019 s. 20(2). (1A) If a staged permit has been issued, the Authority may also reassess the amount of building permit levy imposed by section 205G(2A) after a building permit for the final stage of the building work has been issued because— S. 205L(1A)(a) substituted by No. 48/2025 s. 54(3). (a) of a variation made to the building work which has resulted or will result in an increase in the cost of the whole of the building work; or S. 205L(1A)(b) substituted by No. 48/2025 s. 54(3). (b) the calculation made under section 205I(2) by the relevant building surveyor of the cost of the whole of the building work was incorrect; or (c) the Authority considers that the information provided by the applicant in the application for the building permit required under section 205H(1A) was incorrect or misleading. S. 205L(2) amended by No. 48/2025 s. 54(4). (2) An amount of building permit levy reassessed under this section is to be calculated in accordance with section 205G. (3) The Authority may reassess an amount of building permit levy under subsection (1) no later than 5 years after the later of the following— (a) the issue of an occupancy permit required by the building permit; (b) a certificate of final inspection for the building work; (c) the date of practical completion of the building work. S. 205LA inserted by No. 21/2017 s. 70. 205LA Authority must take into account matters in reassessing levy In reassessing a building permit levy under section 205L, the Authority must take into account the following— (a) the information included in the application for the building permit under section 205H; S. 205LA(ab) inserted by No. 48/2025 s. 55. (ab) the information in an application referred to in section 205L(1)(ba); (b) any other information given to the Authority by the applicant for the building permit or the relevant building surveyor relating to the cost of the building work; (c) any other information relating to the cost of the building work that the Authority considers relevant. S. 205LB inserted by No. 21/2017 s. 70. 205LB Authority to give notice of additional levy to be paid (1) If a reassessment of the building permit levy under section 205L exceeds the amount of levy calculated under section 205I by at least the prescribed amount, the Authority must— (a) give to the person liable to pay the additional amount of levy a notice of— (i) the reassessment of the levy; and (ii) the additional levy to be paid by the person, being the difference between the levy paid in accordance with section 205GA and the reassessed levy amount; and (iii) any penalty levy imposed under section 205LC; and (b) give a notice to the relevant building surveyor of the revised cost of the building work on which the reassessment of the levy is based. (2) A notice under subsection (1)(a) must state that the person given the notice has the right to apply to VCAT for review of the reassessment of building permit levy and any penalty levy imposed. S. 205LB(3) def. of *person liable to pay the additional amount of levy* amended by No. 43/2019 s. 21. ***person liable to pay the additional amount of levy*** means— (a) if the reassessment of the building permit levy was based on the ground under section 205L(1)(a) and the variation to the building work is not related to an amendment of the building permit, the owner of the building or land at the time at which the work that caused the increase in the cost of the building work was carried out; or (b) if the reassessment of the building permit levy was based on the ground under section 205L(1)(a) and the variation to the building work is related to an amendment of the building permit, the applicant for the amendment of the permit; or (c) if the reassessment of the building levy was based on a ground under section 205L(1)(b) or (c), the applicant for the building permit; or (d) if the reassessment of the building permit levy was based on the ground under section 205L(1A)(a) and the variation to the building work is not related to an amendment of the building permit, the owner of the building or land at the time at which the work that caused the increase to the cost of the building work was carried out; or (e) if the reassessment of the building permit levy was based on the ground under section 205L(1A)(a) and the variation to the building work is related to an amendment of the building permit, the applicant for the amendment of the permit; or (f) if the reassessment of the building permit levy was based on a ground under section 205L(1A)(b) or (c), the applicant for the building permit; (b) if an amount is not prescribed, $20. S. 205LBA inserted by No. 43/2019 s. 22. 205LBA Authority to give notice of refund S. 205LBA(1) amended by Nos 31/2020 s. 57F, 48/2025 s. 56. (1) If a reassessment of the building permit levy under section 205L(1)(b), (ba) or (c) or (1A)(b) or (c) is less than the amount of levy calculated under section 205I by at least the prescribed amount, the Authority must give to the person who paid the levy— (a) a notice of the reassessment of the levy; and (b) a refund of the difference between the amount of levy the person paid and the reassessed levy amount. (2) A notice under subsection (1) must state that the person given the notice has the right to apply to VCAT for review of the reassessment of building permit levy. (b) if an amount is not prescribed, $20. S. 205LC inserted by No. 21/2017 s. 70. 205LC Authority may impose amount of penalty levy S. 205LC(1) amended by No. 43/2019 s. 23(1)(a)(b). (1) If the Authority has reassessed a building levy under section 205L and the reassessment is based on a ground under section 205L(1)(a) or (c) or (1A)(a) or (c), the Authority may impose an amount of penalty levy of up to twice the difference between the reassessed amount of levy and the amount of levy calculated under section 205I if— S. 205LC(1)(a) amended by No. 43/2019 s. 23(1)(c). (a) in the case of the ground under section 205L(1)(a) or (1A)(a), the person liable to pay the additional amount of levy under section 205LB failed to notify the Authority within the specified period under section 205KA about a variation to the building work that resulted in an increase in the cost of the building work by at least the prescribed amount; or S. 205LC(1)(b) amended by Nos 43/2019 s. 23(1)(d), 48/2025 s. 57(1). (b) in the case of the ground under section 205L(1)(c) or (1A)(c), the Authority considers that the applicant for the building permit gave false or misleading information to the relevant building surveyor or the Authority which resulted in the cost of the building work being calculated incorrectly. S. 205LC(2) amended by Nos 43/2019 s. 23(2), 40/2021 s. 53(4), 48/2025 s. 57(2). (2) Despite subsection (1), the Authority may decide not to impose a penalty levy based on the ground under section 205L(1)(a) or (1A)(a) if the Authority is satisfied that the person liable to pay the additional amount of levy under section 205LB held an honest and reasonable belief that a variation to the building work did not or would not increase the cost of the building work by at least the prescribed amount. ***prescribed amount*** has the same meaning as in section 205KA. S. 205LD inserted by No. 21/2017 s. 70. 205LD Person given notice must pay any additional levy and penalty levy A person who is given a notice under section 205LB(1)(a) must pay the additional amount of building permit levy and any penalty levy to the Authority within 14 days after the notice is given to the person. S. 205LE inserted by No. 21/2017 s. 70. 205LE Authority may recover additional levy assessed by Authority and penalty levy The Authority may recover an amount of building permit levy and penalty levy from the person required to pay the levy and penalty levy under section 205LD in a court of competent jurisdiction as a debt due to the Authority. S. 205LF inserted by No. 21/2017 s. 70, amended by No. 43/2019 s. 24 (ILA s. 39B(1)). 205LF Review by VCAT (1) A person who is given a notice under section 205LB(1)(a) may apply to VCAT for review of the following decisions of the Authority— (a) the decision by the Authority to reassess an amount of building permit levy under section 205L; (b) the reassessment of the amount of building permit levy by the Authority under section 205L; (c) the decision by the Authority to impose penalty levy under section 205LC; (d) the amount of penalty levy imposed by the Authority under section 205LC, payable by the person. S. 205LF(2) inserted by No. 43/2019 s. 24. (2) A person who is given a notice under section 205LBA(1) may apply to VCAT for review of the reassessment of the amount of building permit levy by the Authority under section 205L. Pt 12 Div. 2 Subdiv. 4B (Heading and ss 205LG–205LN) inserted by No. 21/2017 s. 70. Subdivision 4B—Assessments of levy by the Authority for unauthorised building work S. 205LG inserted by No. 21/2017 s. 70. 205LG Levy may be payable for work carried out without a permit (1) If a person is found guilty of an offence against section 16(1) or 16B(1), the Authority must assess an amount of building permit levy required to be paid in relation to the building work that was carried out in contravention of section 16(1) or 16B(1). (2) If the Authority believes on reasonable grounds that a person has carried out building work in contravention of section 16(1) or 16B(1), the Authority may decide to assess an amount of building permit levy required to be paid in relation to that building work. (3) The Authority must assess an amount of building permit levy under subsection (1) no later than 5 years after the finding of guilt for the offence against section 16(1) or 16B(1). (4) The Authority may assess an amount of building permit levy under subsection (2) no later than 5 years after the alleged contravention of section 16(1) or 16B(1). (5) An assessment of levy under this section must be in accordance with section 205LH. S. 205LH inserted by No. 21/2017 s. 70. 205LH Assessment of levy (1) An amount of building permit levy assessed under section 205LG is to be calculated on the cost of the building work in accordance with section 205G. S. 205LH(2) amended by No. 48/2025 s. 58(a). (2) In calculating the cost of the building work the Authority— S. 205LH(2)(a) amended by Nos 46/2018 s. 19, 48/2025 s. 58(b). (a) may appoint an appropriately qualified registered building practitioner, other than a provisionally registered building practitioner, to investigate the building work and make a report to the Authority that includes a calculation of the cost of the building work; and (b) must take into account any report under paragraph (a) and any representations and information provided by the person that owned the building or land at the time at which the building work was carried out in or on that building or land; and (c) may otherwise inform itself as it considers appropriate. S. 205LI inserted by No. 21/2017 s. 70. 205LI Authority may impose amount of penalty levy If the Authority has made an assessment of building permit levy under section 205LG, the Authority may impose an amount of penalty levy of up to twice the amount of levy assessed. S. 205LJ inserted by No. 21/2017 s. 70. 205LJ Authority may charge costs of assessing levy S. 205LJ(1) amended by No. 48/2025 s. 59. (1) If the Authority has assessed a building permit levy under section 205LG, the Authority may charge the person that owned the building or land at the time at which the building work was carried out in or on that building or land the reasonable costs incurred by the Authority in calculating the cost of the building work under section 205LH. (2) Costs charged under this section are not to be treated as a penalty under this Division and are not to be taken into account to reduce or offset any penalty levy imposed under section 205LI. S. 205LK inserted by No. 21/2017 s. 70. 205LK Authority to give notice of assessment (1) After making an assessment of the amount of building permit levy under section 205LG, the Authority must give a notice of the levy, any penalty levy imposed and any costs charged by the Authority to the person that owned the building or land at the time at which the building work was carried out in or on that building or land. (2) A notice under subsection (1) must state that the person given the notice has the right to apply to VCAT for review of the decision by the Authority to assess the building permit levy, the amount of levy assessed by the Authority, any penalty levy imposed by the Authority or any costs charged by the Authority*.* S. 205LL inserted by No. 21/2017 s. 70. 205LL Person given notice must pay levy, penalty levy and costs of Authority A person who is given a notice under section 205LK must pay to the Authority, within 28 days after the notice is given, the amount of building permit levy assessed by the Authority, any penalty levy imposed by the Authority and any costs charged by the Authority. S. 205LM inserted by No. 21/2017 s. 70. 205LM Authority may recover levy assessed by Authority, penalty levy and costs The Authority may recover the amount of building permit levy, penalty levy or costs required to be paid under section 205LL in a court of competent jurisdiction as a debt due to the Authority. S. 205LN inserted by No. 21/2017 s. 70. 205LN Review by VCAT A person may apply to VCAT for review of the following decisions of the Authority— (a) the decision by the Authority to assess a building permit levy under section 205LG(2) for building work carried out in relation to a building or land owned by the person at the time at which the building work was carried out; (b) an assessment of building permit levy by the Authority under section 205LH, payable by the person; (c) the decision by the Authority to impose an amount of penalty levy under section 205LI; (d) an amount of penalty levy imposed by the Authority under section 205LI, payable by the person; (e) an amount of costs charged by the Authority under section 205LJ, payable by the person. Pt 12 Div. 2 Subdiv. 4C (Heading and s. 205LO) inserted by No. 43/2019 s. 25, repealed by No. 17/2025 s. 104. Subdivision 5—Specific powers of Authority relating to building surveyors S. 205L inserted by No. 34/2013 s. 4, repealed by No. 15/2016 s. 18(10). S. 205M inserted by No. 34/2013 s. 4.