25BRestrictions on owner-builder 76

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