VICIn ForceAct
Building Act 1993
25BRestrictions on owner-builder 76
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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
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
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
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
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
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
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
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
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
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
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
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
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
142 Building notices and orders 208
144 Appeals—Building regulations 209
144A Appeals—Building and Construction Industry Security of Payment Act 2002 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
150 Disputes about inspections 213
151 Emergency protection work 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
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
162 Special powers—modification of regulations 225
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
Part 11—Registration of building practitioners 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