Builder compliance with section 33
The VBA prioritises regulatory action on non-compliance with section 33, as the mandatory inspection process is central to compliant building work during construction.
The VBA reminds builders that it is a contravention of section 33(1) of the Building Act 1993 (the Act) if they fail to notify the relevant building surveyor (RBS) when mandatory notification stage has been reached and a contravention of section 33(2) if they do not cease building work on completion of a mandatory notification stage if directed by the RBS.
The VBA received 140 notifications for section 33 contraventions in 2022-23.
Where the matter is not serious and there is no prior history, the VBA issues a caution to the builder to educate and deter further offending. The caution is recorded against the builder’s history. The VBA issued 60 cautions to builders in 2022-23.
Where the matter is serious or if there is history, disciplinary action is taken against the builder. The VBA imposed 39 reprimands and over $140,000 in penalties in 2022-23.
Please note that it is a contravention of section 33(3) of the Act for the RBS not to notify the VBA of a section 33 contravention. It would be a breach of professional standards if a builder attempted to influence the RBS to withhold a notification to the Authority.
Building surveyor requirement to notify the VBA of section 33 contraventions
Building surveyors are obliged by law to refer builder non-compliance with requirements to notify the RBS at the completion of a mandatory notification stage or with a direction to stop carrying out building work on completion of a mandatory notification stage.
A RBS may be subject to potential disciplinary action for failing to notify the VBA of a section 33 contravention. It can also be perceived as not acting in the public interest, not acting impartially or independently, and having a conflict of interest (core principles of the Code of Conduct for Building Surveyors in Victoria.
33 Notification during building work
(1) The person that is named as the builder in a building permit issued for building work must ensure the relevant building surveyor is notified without delay of the completion of each mandatory notification stage of that work.
- Penalty: 120 penalty units, in the case of a natural person;
- 600 penalty units, in the case of a body corporate.
(2) The person that is named as the builder in a building permit issued for building work must ensure that any person who is carrying out the building work stops carrying out that work or any part of that work on completion of a mandatory notification stage if directed to do so by the relevant building surveyor.
- Penalty: 120 penalty units, in the case of a natural person;
- 600 penalty units, in the case of a body corporate.
(3) The relevant building surveyor must notify the Authority in the approved form (if any) of any failure of a person to comply with subsection (1) or (2).
