25Reasons for refusal to be given

25 Reasons for refusal to be given The relevant building surveyor must notify an applicant for a permit in writing without delay of the refusal of the permit and the reasons for the refusal. S. 25AA inserted by No. 46/2018 s. 32. 25AA A person may notify relevant building surveyor if becomes owner of land subject to building permit (1) If a person becomes the owner of land that is subject to a building permit that has been suspended under section 25AE(1)(d) and the remaining building work under the building permit is to be carried out by an owner-builder, the person may notify the relevant building surveyor that the person is the new owner of the land. (2) A notice under subsection (1) must include the following information— (a) a request that the new owner under subsection (1) be named as the builder on the building permit; (b) if a certificate of consent has been issued to a person to carry out the remaining building work under the building permit, a copy of the certificate of consent; (c) the name and address of the new owner and any person issued with a certificate of consent to carry out the remaining building work under the building permit if that person is not the new owner; (d) any information or documents requested to be provided by the relevant building surveyor in order for the relevant building surveyor to decide whether the new owner may be named as the builder on the building permit; (e) any other prescribed information. S. 25A inserted by No. 66/2004 s. 7, amended by No. 33/2010 s. 4, substituted byNo. 21/2017 s. 23. 25A Notice of ending of engagement of builder S. 25A(1)(a) amended by Nos 46/2018 s. 33, 26/2019 s. 115. (a) a building permit is issued in relation to building work to be carried out by a building practitioner, an endorsed building engineer or an architect registered under the **Architects Act 1991** (the ***builder***); and (b) subsequently the engagement of the builder ends before completion of the building work. (2) The builder or the owner of the building or land in or on which the building work is to be carried out may give a notice of the ending of the engagement to the relevant building surveyor. The effect of this notice is that the permit is suspended under section 25AE. (3) A notice under subsection (2) may be in a form approved by the Authority (if any). (4) For the purposes of section 25AE(1)(e), the day on which the engagement ceases is— (a) the day on which the relevant building surveyor receives the first notice under subsection (2); or (b) any later day specified in that notice. S. 25AB inserted by No. 21/2017 s. 23. 25AB Notice to relevant building surveyor of subsequent engagement of builder S. 25AB(1)(a) amended by No. 46/2018 s. 34(a). (a) a building permit is issued in relation to building work and whether or not the building permit is suspended; and S. 25AB(1)(b) amended by Nos 46/2018 s. 34(b), 26/2019 s. 116(1). (b) subsequently a building practitioner, an endorsed building engineer or architect registered under the **Architects Act 1991** (the ***builder***) is engaged to carry out the building work. (2) The owner of the building or land in or on which the building work is to be carried out may give the relevant building surveyor written notice of the engagement in accordance with subsection (3). (3) A notice under subsection (2) must include— S. 25AB(3)(a) amended by No. 26/2019 s. 116(2). (a) the name of the building practitioner and the building practitioner's registration number, the name of the endorsed building engineer and the endorsed building engineer's number or the architect's name and registration number (as the case requires); and S. 25AB(3)(b) amended by No. 48/2025 s. 68. (b) if the engagement is to carry out domestic building work and the cost of the building work exceeds the prescribed amount, an extract of the contract showing the names of the parties to the contract and a certificate of insurance from the insurer providing the required insurance in relation to the building work; and (c) any other prescribed details. S. 25AC inserted by No. 21/2017 s. 23, amended by Nos 46/2018 s. 35, 40/2021 s. 7. 25AC Change of builder on building permit On being notified under section 25AB or 25AA(2), the relevant building surveyor may change the builder named on a building permit if the relevant building surveyor is satisfied of the relevant requirements of sections 24A and 24B. S. 25AD inserted by No. 21/2017 s. 23. 25AD Relevant building surveyor to notify Authority and relevant council of certain information (1) The relevant building surveyor must give written notice to the Authority and the relevant council of the occurrence of each prescribed event and the prescribed information relating to that event which relates to— (a) the building work to which a building permit applies; or (b) the building permit. (2) The notice must be given within the prescribed period after the relevant event. S. 25AE inserted by No. 21/2017 s. 23. 25AE Suspension of building permit (1) A building permit is suspended on and from the day on which— (a) if the builder named in the building permit is a building practitioner, the building practitioner's registration as a building practitioner is suspended or cancelled; or (b) if the builder named in the building permit is an architect, the architect's registration as an architect is suspended or cancelled under the **Architects Act 1991**; or S. 25AE(1)(ba) inserted by No. 26/2019 s. 117. (ba) if the builder named in the building permit is an endorsed building engineer— (i) the endorsed building engineer's registration as a professional engineer is suspended or cancelled under the **Professional Engineers Registration Act 2019**; or (ii) the endorsed building engineer's endorsement to act as a registered professional engineer who is authorised to engage in the building industry is suspended or cancelled under the **Professional Engineers Registration Act 2019**; or (c) the builder named in the building permit— (i) dies; or (ii) is imprisoned for an offence; or S. 25AE(1)(c)(iii) amended by No. 13/2019 s. 221(Sch. 1 item 5.1). (iii) has become a represented person within the meaning of the **Guardianship and Administration Act 2019**; or S. 25AE(1)(d) substituted by No. 46/2018 s. 36. (d) if the builder named on the building permit is the owner of land to which the building permit relates, the owner ceases to own the land; or (e) the builder named in the building permit has ceased to be engaged to carry out the building work to which the permit relates*.* S. 25AE(2) amended by No. 40/2021 s. 8. (2) A building permit ceases to be suspended under this section on the day on which a builder who complies with the relevant requirements of sections 24A and 24B is named as the builder in the building permit. (3) A building permit is of no effect under this Act during the period that it is suspended under this section. S. 25B inserted by No. 66/2004 s. 7, amended by Nos 33/2010 s. 5, 34/2013 s. 19(3), 15/2016 s. 27(2) (ILA s. 39B(1)). 25B Restrictions on owner-builder S. 25B(1) amended by Nos 15/2016 s. 27(1), 48/2025 s. 69. (1) An owner of land or a building must not carry out domestic building work as builder on that land or in respect of that building if the the cost of the building work (calculated under Subdivision 4 of Division 2 of Part 12) is more than the prescribed amount unless the owner— (a) has been issued with a certificate of consent for the work; or S. 25B(1)(b) substituted by No. 15/2016 s. 28(1), amended by No. 46/2018 s. 6(1), substituted by No. 40/2021 s. 9(1). (b) is a builder whose registration under Part 11 authorises the carrying out of that work, other than a provisionally registered builder subcontractor or a registered builder subcontractor; or (c) is an architect who is registered under the **Architects Act 1991**; or S. 25B(1)(d) amended by No. 40/2022 s. 50. (d) is Homes Victoria (within the meaning of section 4(1) of the **Housing Act 1983**); or (e) is carrying out the work in accordance with an emergency order, a building notice or a building order made under Part 8. S. 25B(1A) inserted by No. 15/2016 s. 28(2), amended by Nos 46/2018 s. 6(2), 40/2021 s. 9(2). (1A) An owner of land or a building who is required under this section to be issued with a certificate of consent to carry out domestic building work as builder must not enter into a major domestic building contract with another person to carry out the work or any part of the work unless the person is registered, other than provisionally registered or as a builder subcontractor, as a builder under Part 11 and the registration authorises the person to carry out that work. Penalty: 60 penalty units, in the case of a first offence. 120 penalty units, in the case of a second or subsequent offence. S. 25B(1B) inserted by No. 15/2016 s. 28(2). (1B) Subsection (1A) does not apply to an owner of land or a building if the owner took reasonable steps to ensure that the person carrying out the building work is registered as a builder under Part 11 and that the registration authorises the person to carry out that work. S. 25B(2) inserted by No. 15/2016 s. 27(2). Pt 3 Div. 3AA (Heading and ss 25BA–25BF) inserted by No. 21/2017 s. 63. Division 3AA—Issue of building permit number by the Authority S. 25BA inserted by No. 21/2017 s. 63. 25BA Issue of building permit number (1) The Authority must issue a building permit number for a proposed building permit on receiving an application from the relevant building surveyor under section 18AA if— (a) the relevant building surveyor has given to the Authority all of the information required under section 18AA in relation to the proposed building permit; and S. 25BA(1)(b) amended by No. 43/2019 s. 7. (b) the Authority has been paid the whole amount of the building permit levy calculated under section 205I in relation to the proposed building work. (2) A building permit number may be issued in the prescribed manner (if any). S. 25BB inserted by No. 21/2017 s. 63. 25BB Authority may refuse to issue building permit number The Authority may refuse to issue a building permit number if— (a) the relevant building surveyor has not given the Authority all of the information required under section 18AA in relation to the proposed building permit; or S. 25BB(b) amended by No. 43/2019 s. 8. (b) the Authority has not been paid the whole amount of the building permit levy calculated under section 205I in relation to the proposed building work. S. 25BC inserted by No. 21/2017 s. 63. 25BC Authority must decide to issue building permit number within prescribed period (1) The Authority must issue or refuse to issue a building permit number within the prescribed period after receiving the information and the building permit levy required under section 25BA(1). (2) The Authority is taken to have refused to issue a building permit number if it has not made a decision to issue or refuse to issue a building permit number in accordance with subsection (1). S. 25BD inserted by No. 21/2017 s. 63. 25BD Authority must notify applicant of refusal to issue building permit number (1) If the Authority refuses to issue a building permit number for a building permit, it must give written notice to the applicant for the building permit of— (a) the refusal; and (b) the reasons for the refusal; and (c) the applicant's right to apply to VCAT for review of the decision to refuse to issue the building permit number. (2) Subsection (1) does not apply if the Authority is taken to have refused to issue the building permit number under section 25BC(2). (3) The Authority must give a copy of a notice under subsection (1) to the relevant building surveyor. S. 25BE inserted by No. 21/2017 s. 63. 25BE Authority must notify council of issue of building permit number After issuing a building permit number under this Division for a building permit for building work to be carried out in or on a building or land, the Authority must, without delay, provide the relevant council with— (a) the building permit number; and (b) the information given to the Authority by the relevant building surveyor under section 18AA in relation to the application for the building permit number. S. 25BF inserted by No. 21/2017 s. 63. 25BF Review by VCAT of refusal to issue building permit number An applicant for a building permit may apply to VCAT for review of a refusal by the Authority to issue a building permit number for the building permit under section 25BB. Pt 3 Div. 3A (Heading and ss 25C–25I) inserted by No. 66/2004 s. 8. Division 3A—Certificates of consent for owner‑builders S. 25C inserted by No. 66/2004 s. 8, amended by No. 15/2016 s. 18(1).