Incorrect decisions are to the detriment of the adjoining owner’s property, and often in favour of the builder or applicant. Adjoining property owners may be denied protections they are entitled to under the legislation including protection work insurance.
Relevant Building Surveyors have obligations under the Code of Conduct (Code of Conduct for Building Surveyors in Victoria (vba.vic.gov.au) (PDF, 1950.67 KB) to ensure that they act independently and in the public interest, as set out below:
- 1.1.2 Ensuring that when in doubt as to the possible interpretation of legislation, the NCC or standards, you prefer the interpretation that best serves the objectives of the legislation and the public interest, rather than your interests or that of an applicant, client or other practitioners.
- 4.1 Avoid situations that a reasonable person may conclude has or could compromise your impartiality or professional judgement. This includes: 4.1.1 Ensuring you are free from bias and without prejudice or favour due to an affiliation, disposition or any material interest.
(If an adjoining owner agrees to protection work to their property, do not assume that the proposed protection work is appropriate. You must be satisfied the work is appropriate to protect the adjoining property, and decide on whether to approve or refuse the building permit.)
- 5.1 Identify and manage any conflict of interest or significant risk of a conflict of interest.
(Where a builder or developer seeks to influence you to make decisions in their favour for example, by threatening to take their business elsewhere if you do not agree.)
- 8.2 When performing statutory functions, have a process in place to deal with issues of non-compliance raised by applicants, clients, or relevant parties. This includes: 8.2.1 Enabling relevant parties (for example, adjoining owners) to raise concerns about noncompliant building work (such as a lack of protection work).
