BUILDING ACT 1993
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions and interpretation
- 4 Objectives of Act
- 5 Application to Crown and public authorities
PART 2--BUILDING STANDARDS
- 7 Building regulations
- 8 Local laws
- 9 Incorporation by reference
- 9A Regulatory impact statement not required for certain amendments
- 10 Application of new building regulations or binding determinations to building work
- 11 Effect of planning schemes
- 12 Revocation of other regulations relating to building[3]
- 13 Effect on local laws
- 14 Accreditation of building products
- 14B Authority to keep register of accredited building products
- 15 Building surveyor must not refuse to approve building work on certain grounds
- 15A Building regulations with respect to swimming pools
- 15B Maintenance of exits
PART 3--BUILDING PERMITS
Division 1--Building permit required
- 16 Offences relating to carrying out building work
- 16A Exception if permit suspended
- 16B Indictable offences relating to carrying out building work
Division 2--Applications for building permits
- 17 Applications for building permits
- 17A Relevant building surveyor must give owner of land or building an information statement
- 18 Schedule 2 to apply
- 18AA Relevant building surveyor must apply for building permit number for building permit
- 18A Notice to Development Victoria of application
- 18B Notice to Commissioner of State Revenue of application
- 18C Further notice to Commissioner of State Revenue
- 18D Notice to Secretary to Department of application
Division 3--Decisions on building permits and other matters
- 19 Decision on application for building permit
- 20 Types of permit
- 21 Requirement for occupancy permit
- 22 Guarantees and bonds
- 23 Reporting authority to be notified of permit
- 23A Offences relating to the issue of a building permit
- 24 Refusal of building permit
- 24A Further limitations on the issue of building permits
- 24B Specification of builders in relation to specific building work
- 25 Reasons for refusal to be given
- 25AA A person may notify relevant building surveyor if becomes owner of land subject to building permit
- 25A Notice of ending of engagement of builder
- 25AB Notice to relevant building surveyor of subsequent engagement of builder
- 25AC Change of builder on building permit
- 25AD Relevant building surveyor to notify Authority and relevant council of certain information
- 25AE Suspension of building permit
- 25B Restrictions on owner-builder
Division 3AA--Issue of building permit number by the Authority
- 25BA Issue of building permit number
- 25BB Authority may refuse to issue building permit number
- 25BC Authority must decide to issue building permit number within prescribed period
- 25BD Authority must notify applicant of refusal to issue building permit number
- 25BE Authority must notify council of issue of building permit number
- 25BF Review by VCAT of refusal to issue building permit number
Division 3A--Certificates of consent for owner‑builders
- 25C Application for owner-builder certificate of consent
- 25D Further particulars
- 25E Decision on application for certificate of consent
- 25F Applications in relation to land owned by related bodies
- 25G Certificate of consent
- 25H Register of certificates
- 25J Review by VCAT
Division 4--Special provisions
- 26 Prescribed places of public entertainment
- 28 Historic buildings and special buildings
- 29 Subdivision
- 29A Application for building permit for demolition
- 29B Suspension of demolition permit pending amendment of planning scheme
Division 5--Register and records
- 30 Relevant building surveyor to give copies of permits and documents to council
- 30A Authority may approve checklist of documents to be certified
- 30B Relevant building surveyor must certify that documents given to council
- 31 Register of building permits
- 32 Keeping of records
- 32A Council to notify Development Victoria of issue of building permit
PART 4--INSPECTION OF BUILDING WORK
Division 1--Inspections
- 33 Notification during building work
- 34 Inspections at mandatory notification stages
- 35 Inspection of building work—general powers
- 35A Record of inspection of building work
- 35B Persons carrying out inspections must be registered practitioners or prescribed persons
Division 2--Directions to fix building work
- 37 Definitions
- 37A Direction by relevant building surveyor to fix building work
- 37B Direction by authorised person to fix building work
- 37C Method of giving directions
- 37D Written direction if oral direction not complied with
- 37E Requirements of directions to fix building work
- 37F Written directions to fix building work
- 37G Extension of time to comply with direction
- 37H Offences relating to compliance with direction
- 37HA Operation of direction may be stayed
- 37I Direction may be revoked
- 37J Relevant building surveyor or authorised person must give copies of directions and other notices to owner
- 37K Notice to owner and Authority of non‑compliance with direction
Division 3--Certificates of final inspection
- 38 Certificate of final inspection
PART 5--OCCUPATION OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT
Division 1--Occupancy permits (building work)
- 39 Occupancy permit must be obtained
- 40 Occupation must be in accordance with permit
- 41 Applications for occupancy permits
- 41A Requirement to provide a draft building manual with an application for an occupancy permit
- 41B Approval of building manual
- 42 Schedule 2 to apply
- 43 Decision on application for occupancy permit
- 44 Refusal of occupancy permit
- 44A Applicant for occupancy permit must give approved building manual to owners corporation
- 44B Owners corporation must update an approved building manual
- 44C Owner of building must update an approved building manual
- 44D Offence to include false or misleading information in a building manual
- 45 Form of occupancy permit
- 46 Effect of occupancy permit
- 47 Reporting authority to be notified of occupancy permit
- 48 Reasons for refusal to be given
Division 2--Occupancy permits (places of public entertainment)
- 49 Public entertainment not to be conducted at place without occupancy permit
- 50 Place not to be used for public entertainment without occupancy permit
- 51 Use of place of public entertainment must be in accordance with permit
- 52 Use of prescribed temporary structure must be in accordance with permit
- 53 Applications for occupancy permits
- 54 Schedule 2 to apply
- 55 Refusal of occupancy permit
- 56 Decision on application for occupancy permit
- 57 Prescribed temporary structures—special provisions
- 58 Effect of occupancy permit
- 59 Form of occupancy permit
- 60 Reporting authority to be notified of occupancy permit
- 61 Owner to notify others of occupancy permit
- 62 Reasons for refusal to be given
- 63 Inspection of places of public entertainment
Division 3--Temporary occupation of buildings
- 64 Temporary occupation of buildings
- 65 Who may apply for approval?
- 66 Form of application
- 67 Determination of applications
- 68 Form of approval
- 69 Reasons for refusal to be given
Division 4--Amendment and cancellation of permits and approvals
- 70 Amendment of permit or approval
- 71 Cancellation of permit or approval if fraud or misrepresentation
- 72 Cancellation of occupancy permit on other grounds
Division 5--Register and records
- 73 Relevant building surveyor to give copies of documents to council
- 74 Register of occupancy permits and temporary approvals
- 75 Keeping of records
PART 6--PRIVATE BUILDING SURVEYORS
Division 1--Appointments of private building surveyors
- 76 Functions of private building surveyor
- 77 Additional functions
- 78 When may a private building surveyor be appointed?
- 78A Offence to accept appointment of private building surveyor if unregistered
- 78B Private building surveyor prohibited from delegating functions unless authorised
- 79 Circumstances in which private building surveyor may not act
- 80 Private building surveyor to notify council
- 80A Designated building surveyors
- 80B Duties of designated building surveyors
Division 1A--Transfer of functions of private building surveyor
- 80C A private building surveyor may transfer functions relating to building work to another building surveyor
- 80D Authority may direct transfer of functions of employee building surveyor
Division 2--Termination of appointment with consent of Authority
Division 3--Appointment by Authority of manager of business of private building surveyor
- 83A Definition
- 83B Appointment of manager
- 83C Who may be appointed as a manager?
- 83D Terms of appointment
- 83E Conditions on appointment of manager
- 83F Notice of appointment
- 83G Effect of service of notice of appointment
- 83H Powers of manager
- 83I Powers of entry etc.
- 83J Acts of manager taken to be acts of private building surveyor
- 83K Protection from liability
- 83L Payment of expenses of management
- 83M Business accounts
- 83N Records and accounts of business under management
- 83O Reports by manager
- 83P Deceased estates
- 83Q Termination of manager's appointment
- 83R Review of decision to appoint manager
- 83S Directions of VCAT
- 83T Confidentiality
- 83U Offence to obstruct manager
- 83V Owner may recover money paid to private building surveyor
PART 7--PROTECTION OF ADJOINING PROPERTY
- 84 Notice of building work to be given
- 85 Adjoining owner must respond to notice
- 86 Effect of agreement
- 87 Effect of disagreement or request for further information
- 88 Work not to be carried out until protection requirements met
- 89 Emergency procedures
- 90 Absent or incapable owners
- 91 Appointment of agent for adjoining owner
- 92 Adjoining owner may inspect plans
- 93 Owner to arrange insurance cover
- 94 Survey of adjoining property
- 95 Entry on adjoining property
- 96 Adjoining owner and adjoining occupier not to obstruct owner
- 97 Expenses of adjoining owner
- 98 Compensation
- 99 Liability not affected
- 100 Saving for easements
- 101 Lodgment of plans after completion of protection work
PART 8--ENFORCEMENT OF SAFETY AND BUILDING STANDARDS
Division 1--Emergency orders
- 102 Emergency orders
- 103 Orders to vacate
- 104 Orders to owners, occupiers or builders
- 105 Form and service of emergency order
- 105A Duration of order
- 105B Cancellation of emergency order
Division 2--Building notices and building orders
- 106 Building notices
- 107 Actions by private building surveyors
- 108 Contents and form of building notice
- 109 Representations by owner
- 110 Cancellation of building notice
- 111 Building orders—general
- 112 Building orders to stop building work
- 113 Building orders—minor work
- 114 Form and service of building order
- 115 Failure to comply with order by private building surveyor
- 116 Amendment or cancellation of certain building orders
- 117 Duration of order
Division 3--General
- 118 Contravention of emergency order or building order
- 118A Building notices and building orders to be last resort
- 119 Building permit not required
- 120 Completion of work required by emergency order or building order
- 121 Work may be carried out by municipal building surveyor
- 122 Minister may authorise action where immediate danger
- 123 Recovery of costs
- 124 Police assistance
- 125 Relevant building surveyor to notify council
- 126 Register of orders
PART 9--LIABILITY
Division 1--Immunity
- 127 Immunity for Commissioners and staff
- 127AA Immunity for Building Monitor and acting Building Monitor
- 127A Immunity for members of public authorities and staff
- 128 Immunity for building surveyor relying on certificate
- 128A Immunity for building surveyor in relation to approving a draft building manual
Division 2--Limitation of actions
- 129 Definitions
- 130 Division not to affect certain matters
- 134 Limitation on time when building action may be brought
- 134A Limitation on time when plumbing action may be brought
Division 3--Insurance
- 135 Order requiring insurance
- 136 Offence to work as building practitioner or engineer without required insurance
- 137 Offence to claim to be insured when uninsured
- 137AA Insurance for domestic building work to be provided by designated insurers
- 137A Insurance for domestic building work
- 137B Offence for owner-builder to sell building without report or insurance
- 137C Warranties for purposes of homes under section 137B
- 137D Insurance requirements for the purposes of homes under section 137B
- 137E Insurance requirements for home sold before completion
Division 4--Cladding rectification subrogation
PART 10--THE BUILDING APPEALS BOARD AND ITS JURISDICTION
Division 1--Rights of appeal
- 138 Building and occupancy permits
- 138A Directions to fix building work
- 139 Temporary occupation of buildings
- 140 Private building surveyors
- 141 Protection work
- 142 Building notices and orders
- 144 Appeals—Building regulations
- 144A Appeals—Building and Construction Industry Security of Payment Act 2002
Division 2--Appeals
- 145 Division additional to other powers
- 146 Effect of decisions under appeal
- 147 Fast track appeals
- 148 Nature of an appeal
- 149 What action can be taken on appeal?
Division 3--Disputes
- 150 Disputes about inspections
- 151 Emergency protection work
- 152 Insurance
- 153 Surveys of adjoining property
- 154 Cost of supervising protection work
- 155 Other disputes between owners and adjoining owners
- 156 Disputes about the building permit levy
- 157 Application and effect of building regulations
- 158 Party walls
Division 4--Other proceedings
- 159 Compensation—protection work
- 160 Modification of building regulations
- 160A Application for determination in respect of building design
- 160B Application for modification of building regulations relating to access for persons with disabilities
Division 5--Powers concerning disputes and other proceedings
- 161 General powers
- 162 Special powers—modification of regulations
- 163 Agreements
- 164 Termination and variation of agreements
- 165 Lodging and recording of agreements
Division 6--The Building Appeals Board
PART 11--REGISTRATION OF BUILDING PRACTITIONERS
Division 1--Offences
- 169 Representation in relation to registration
- 169AA Certain registered builders must not act as head builders
- 169A Representation in relation to domestic building work
- 169B Representation in relation to work as a building surveyor
- 169C Representation in relation to work as a building inspector
- 169D Offence to carry out work as a building practitioner unless registered
- 169EA Offence to carry out certain types of building work unless registered or licensed
- 169EB Authority may grant exemption from offence against section 169EA(1)
- 169F Offence to carry out domestic building work under a major domestic building contract
- 169FA Offence to engage an unregistered subcontractor
- 169FB Offence to direct or require a person to carry out certain building work
- 169G Building practitioner body corporate must have at least one nominee director
- 169H Advertisements or written statements by registered building practitioners
- 169I Advertisements or written statements by partnerships
- 169J Exception for certain organisations
- 169K Offences for unregistered engineers
Division 1A--Registration
- 170 Who may apply for registration?
- 170A Application for registration—general
- 170AB Proof of insurance for persons intending to rely on automatic deemed registration
- 170B Authority may conduct inquiries and require further information
- 170C Consent to disclosure of information
- 170D Change to information in application
- 171 Registration
- 171A Additional requirements for registration—bodies corporate—general
- 171B Additional requirements for registration—nominee directors
- 171C Additional requirements for applicant who is member of partnership
- 171D Personal probity requirements
- 171E Financial probity requirements
- 171F Excluded persons
- 171G Issue of certificate of registration
- 171GA Issue of registration card
- 171H Conditions on registration
- 171I Period of registration
- 171J Issue of replacement certificate of registration or registration card
- 172 Annual fee, proof of insurance and training plan report
- 173 Renewal of registration
- 173A Authority may permit late renewals
- 173B Surrender of registration
- 174 General duty of nominee director
- 175AA Definitions
- 175 The Register of Building Practitioners
- 175A Time for inclusion of information in the Register of Building Practitioners
- 175AB Registered building practitioner must give information to the Authority for the Register of Building Practitioners
- 175B Changes to information on the Register of Building Practitioners
- 175C Authority to be advised of nominee director changes
- 175D Publication of information on Register of Building Practitioners
- 176 Certificate of registration to be returned to Authority
- 176A Registered building practitioner or endorsed building engineer to produce certificate of registration for inspection
Division 2--Codes of conduct for building practitioners
- 177 Authority may approve codes of conduct for building practitioners
- 177A Code of conduct prepared by Authority or industry
- 177B Code of conduct must be published
- 177C Commencement of code of conduct
- 177D Building practitioners must comply with approved code of conduct
Division 3--Disciplinary proceedings and action
- 177E Application of Division to endorsed building engineers
- 178 Meaning of disciplinary action
- 178A Division applies to suspended practitioners
- 179 Grounds for disciplinary action
- 179A Conduct of body corporate or partnership to be conduct of building practitioner director or partner
- 179B Mandatory cancellation of registration if practitioner is not a fit and proper person
- 180 Grounds for immediate suspension
- 180A Immediate suspension of registration
- 180B Period of suspension
- 180C Period of grace where director dies or resigns or is removed or disqualified
- 181 Ability to practise
- 181A Revocation of suspension
- 182 Show cause notice
- 182A Representations about show cause notice
- 182B Decision about whether to take disciplinary action
- 182C Ending show cause process without further action
- 182D Disciplinary or other action by Authority on giving of undertaking
- 182E Taking disciplinary action after show cause notice
- 183 Notice of decisions
- 183A Building practitioner to give notice
- 183B Complaint privileged
- 183C Consequences of suspension of registration
- 183D Revocation of suspension
- 183E Authority may recover penalties
Division 4--Review of decisions relating to building practitioners
- 184 Definitions
- 184A Application of Division to endorsed building engineers
- 185 Applying for internal review
- 185A Who may conduct an internal review?
- 185B Internal review
- 185C Review decisions
- 185D Notice of review decision
- 186 Application for review by VCAT of reviewable decision
- 187 Proceedings and decision
PART 11A--LICENSING OF BUILDING EMPLOYEES
Division 1--Building employee licence
- 187A Natural person may apply for a licence
- 187B Application to be licensed
- 187C Authority may conduct inquiries and require further information
- 187D Consent to disclosure of information
- 187E Change to information in application
- 187F Grant of licence other than provisional licence
- 187G Grant of provisional licence
- 187H Conditions of licence
- 187I Period of licence granted under this Part
- 187J Issue or return of licence certificate
- 187K Issue of replacement licence certificate
- 187L Periodic licence fee, statement and training plan report
- 187M Surrender of licence
- 187N Register of Building Employees
- 187NA Licensed building employees must give information to the Authority for the Register of Building Employees
- 187NB Licensed building employee must notify Authority of changes to information on the Register of Building Employees
- 187O Licensed building employee to produce licence certificate for inspection
Division 2--Disciplinary proceedings and actions
- 187P Meaning of disciplinary action
- 187Q Division applies to suspended building employees
- 187R Grounds for disciplinary action
- 187S Show cause notice
- 187T Representations about show cause notice
- 187U Decision about whether to take disciplinary action
- 187V Ending show cause process without further action
- 187W Disciplinary or other action by Authority on giving of undertaking
- 187X Taking disciplinary action after show cause notice
- 187Y Notice of decisions
- 187Z Complaint privileged
- 187ZA Consequences of suspension of licence
- 187ZB Revocation of suspension
Division 3--Review of decisions relating to licensed employees
- 187ZC Definitions
- 187ZD Applying for internal review
- 187ZE Persons who may conduct an internal review
- 187ZF Internal review
- 187ZG Review decisions
- 187ZH Notice of review decision
- 187ZI Application for review by VCAT of reviewable decision
- 187ZJ Proceedings and decision
PART 12--BUILDING ADMINISTRATION
Division 1--Role of Minister
- 188 Guidelines
- 188AA Ministerial directions to building surveyors
- 188A Decision guidelines on design and siting of single dwellings[7]
- 189 Delegation of Minister's functions
- 190 Minister may require Authority to act as building surveyor
- 191 Administration and enforcement outside municipal district
- 192 Alpine resorts
- 192A Designated bushfire prone areas
- 192B Declaration prohibiting use of high risk external wall cladding products
Division 2--Victorian Building Authority
- 193 Establishment of Authority
- 194 Authority is a body corporate
- 195 Authority accountable to Minister
- 196 Authority to comply with certain directions by gas safety Minister
- 197 Functions of the Authority
- 198 General powers of the Authority
- 199 Delegation by the Authority
- 200 Victorian Building Authority Board
- 201 Appointment of Commissioners to VBA Board
- 202 Application of Schedule 3
- 203 Chief executive officer
- 204 Authority staff
- 204A Appointment of inspectors
- 204B VBA inspector's identification
- 204C Production of identification
- 205 Establishment and structure
- 205A Payments into Building account
- 205B Payments out of the Building account
- 205C Payments into the Plumbing account
- 205D Payments out of the Plumbing account
- 205DA Payments into the Cladding Safety Victoria account
- 205DB Payments out of the Cladding Safety Victoria account
- 205E Authority may invest funds
- 205F Authority may engage agent in administering Victorian Building Authority Fund
- 205G Building permit levy must be paid
- 205GA Applicant must pay building permit levy
- 205H Building permit application must contain information about cost of building work
- 205HA Relevant building surveyor must refuse permit in certain circumstances
- 205I Calculation and notification of levy
- 205J Offence for person not to remit levy to Authority
- 205K Authority may recover unpaid levy
- 205KA Authority must be notified of increased building costs
- 205L Authority may reassess levy after building permit issued
- 205LA Authority must take into account matters in reassessing levy
- 205LB Authority to give notice of additional levy to be paid
- 205LBA Authority to give notice of refund
- 205LC Authority may impose amount of penalty levy
- 205LD Person given notice must pay any additional levy and penalty levy
- 205LE Authority may recover additional levy assessed by Authority and penalty levy
- 205LF Review by VCAT
- 205LG Levy may be payable for work carried out without a permit
- 205LH Assessment of levy
- 205LI Authority may impose amount of penalty levy
- 205LJ Authority may charge costs of assessing levy
- 205LK Authority to give notice of assessment
- 205LL Person given notice must pay levy, penalty levy and costs of Authority
- 205LM Authority may recover levy assessed by Authority, penalty levy and costs
- 205LN Review by VCAT
- 205LO Review of cladding rectification levy
- 205M Directions and recommendations in relation to building surveyors
- 205N Authority may act as municipal building surveyor—general
- 205O Effect of Authority acting as municipal building surveyor
- 205P Authority as relevant building surveyor for certain occupancy permits
- 205Q Building surveyor not to carry out function
- 205R Minister's guidelines apply to applications to Authority
Division 3--State Building Surveyor
- 206 Appointment of State Building Surveyor
- 206A Objectives of the State Building Surveyor
- 206B Functions of the State Building Surveyor
- 206C Powers of the State Building Surveyor
- 206D Delegation powers of the State Building Surveyor
- 206E State Building Surveyor may issue binding determinations
Division 3A--Building Monitor
- 207 Definition
- 208 Appointment of Building Monitor
- 208A Vacancy in office of Building Monitor
- 208B Removal from office of Building Monitor
- 208C Acting Building Monitor
- 208D Validity of decisions of Building Monitor
- 208E Objectives of the Building Monitor
- 208F Functions of the Building Monitor
- 208G General powers of the Building Monitor
- 208H Staff
- 208I Delegation
- 208J Building Monitor must implement a strategic plan
- 208K Building Monitor may request information or data from certain persons or bodies
- 208L Building Monitor must not publish certain information or data
- 208M Improper disclosure or use of information or data
- 208N Minister may establish a Building Monitor Reference Group
- 208O Review of Building Monitor Reference Group
- 208P Building Monitor Issues Report
- 208Q Review of office of Building Monitor
Division 4--The Building Regulations Advisory Committee
Division 4A--Plumbing Advisory Council
Division 5--Role of councils
- 212 Council to administer building provisions in its municipal district
- 213 Appointment of municipal building surveyor
- 214 Agreements with councils or the Authority
- 215 Agreement with private building surveyor
- 216 Council to charge commercial rates for work outside municipal district
- 216A Exemption from functions in relation to certain permits
- 216B Delegation by municipal building surveyor
- 216C Role of municipal building surveyor outside municipal district
- 216D Register of swimming pools
Division 6--The Crown and public authorities
- 217 Application of Act to the Crown and public authorities
- 219 Municipal building surveyor not required to inspect building work
- 220 Guidelines for Crown and public authority buildings
- 221 Authorised building surveyor
PART 12A--PLUMBING WORK
Division 1--Preliminary matters
Division 2--Restrictions concerning the carrying out of plumbing work
- 221D Plumbing work only to be carried out by licensed or registered plumbers
- 221E Restrictions concerning work for which compliance certificate required
- 221F Restriction concerning specialised plumbing work
- 221FA Plumbing work must comply with this Part and regulations
- 221G Obligations on licensed plumbers concerning their agents
- 221H People involved in a plumbing business need not be licensed or registered
- 221HA No entitlement to consideration under contract
- 221I Person must not use the title "plumber" or "plumbing practitioner" unless licensed or registered
- 221J Person must not use the title "drainer" unless licensed or registered
- 221K Person must not use the title "gasfitter" unless licensed or registered
- 221L Exceptions to sections 221I–221K
Division 3--The licensing and registration of plumbers
- 221M Licensing as a plumber
- 221N Endorsement to carry out specialised plumbing work
- 221O Registration as a plumber
- 221OA Endorsement to carry out specialised plumbing work—registered plumbers
- 221P Provisional registration
- 221Q Restricted licences
- 221R Restricted registration
- 221S Authority may refuse to license or register certain persons
- 221T Application for licensing or registration as a plumber
- 221U Authority may conduct inquiries and require further information
- 221UA Consent to disclosure of information
- 221V Offence to give false information
- 221VA Police record check on applicant
- 221W Temporary licence or registration
- 221X Authority may impose conditions on licensing or registering person
- 221Y Duplicate licences and registration documents
- 221Z How long licensing and registration last
- 221ZA Plumbers must notify Authority of change of contact details
- 221ZB Application for renewal of licence or registration as a plumber
- 221ZC Authority may require further information
- 221ZD Renewal of licence or registration
- 221ZE Authority may permit late renewals
- 221ZF Information to be given to unsuccessful applicants
- 221ZFA Licence and registration document to be returned to Registrar
- 221ZFB Licensed plumber to produce licence for inspection
- 221ZFC Registered plumber to produce registration document for inspection
Division 4--Compliance certificates
- 221ZG This Division does not apply to complex gasfitting work
- 221ZH Compliance certificate must be given for most plumbing work
- 221ZI Details that must appear on a compliance certificate
- 221ZJ Details on certificates must be accurate
- 221ZK Only licensed plumbers may sign certificates
- 221ZKA Issue of certificates by the Authority
- 221ZL Meaning of the total value of plumbing work
- 221ZLA Building practitioner must transfer compliance certificate to owner
- 221ZLB Other people must also transfer compliance certificate to owner
- 221ZM Copies of certificates must be kept for 10 years
- 221ZN Provisions concerning the supply of certificate forms
- 221ZO Further obligation for compliance certificates for sanitary drains
Division 5--Provisions applying to particular plumbing work
- 221ZP Sanitary drainage and other work must be made available for inspection before being covered
- 221ZPA Information to be provided before work starts
Division 6--Insurance orders
- 221ZQ Order requiring insurance
- 221ZR Offence to work as plumber without required insurance
- 221ZS Offence to claim to be insured when uninsured
- 221ZT Further provisions concerning required insurance
- 221ZU Suspension of licence if insurance ceases
- 221ZV Suspension of licence where failure to comply with insurer's direction
Division 7--Rectification of defective plumbing work
- 221ZW Inspector or auditor may require plumber to rectify faulty work
- 221ZX Right to apply to VCAT to have a rectification notice cancelled
- 221ZY Plumbing notice to owner/occupier to rectify defective plumbing work
- 221ZZ Owner/occupier may dispute a plumbing notice
- 221ZZA Inspector may cancel plumbing notice
- 221ZZB Plumbing order to rectify defective plumbing work
- 221ZZC Owner/occupier must comply with plumbing order
- 221ZZD Inspector may cancel plumbing order
- 221ZZE Right to apply to the VCAT to have a plumbing order cancelled
- 221ZZF Emergency plumbing order to rectify dangerous plumbing work
- 221ZZG Offence to not comply with emergency plumbing order
- 221ZZH Inspector may cancel emergency plumbing order
- 221ZZI Plumbing notices and orders to be last resort
- 221ZZJ Owner/occupier must report the completion of required work
- 221ZZK Work may be carried out by Authority or plumbing inspector
- 221ZZL Police assistance
Division 8--Interpretation and modification of plumbing regulations
- 221ZZM Meaning of plumbing regulations
- 221ZZN Authority may resolve disputes concerning interpretation of plumbing regulations
- 221ZZO Modification of plumbing regulations
- 221ZZP Matters Authority must consider before making a modification declaration
- 221ZZQ Procedure applying to hearings under this Part
Division 10--Enforcement
- 221ZZY Enforcement staff
- 221ZZZC Additional powers of plumbing inspectors
- 221ZZZD Compulsory inspections
Division 10A--Plumbing infringements
- 221ZZZDA Definitions
- 221ZZZE Plumbing infringement notices
- 221ZZZEA Additional steps required by infringement notice
- 221ZZZEB Proceedings where plumbing infringement notice requiring additional steps is served
Division 11--Inquiries and disciplinary action
- 221ZZZF Inquiry by Authority
- 221ZZZFA Immediate suspension of registration or licence of plumber
- 221ZZZG Grounds on which disciplinary action may be taken
- 221ZZZH Procedure concerning inquiries
- 221ZZZI How inquiry to be conducted
- 221ZZZJ Disciplinary powers of Authority
- 221ZZZK Presumption of suspension for repeated offences concerning compliance notices
- 221ZZZKA Person to give notice of cancellation or suspension of licence or registration
- 221ZZZKB Consequences of suspension of licence or registration
- 221ZZZL Revocation of cancellation or suspension of licence or registration
- 221ZZZM Authority may compensate persons suffering loss from unsatisfactory plumbing work
- 221ZZZN Procedures of Authority sub-committee conducting inquiry or taking disciplinary action
Division 12--Review of decisions
- 221ZZZP Review by VCAT
Division 13--Administrative matters
- 221ZZZR Licensed and registered plumbers must give information to the Authority for the Register of Plumbers
- 221ZZZS Licensed and registered plumbers must notify Authority of changes to information on the Register of Plumbers
- 221ZZZT Register of Plumbers
- 221ZZZTA Publication of information on Register of Plumbers
- 221ZZZU Minister may specify work to be specialised plumbing work
- 221ZZZV Regulations
- 221ZZZW Incorporation by reference of Plumbing Code of Australia or other document by regulations
PART 13--GENERAL ENFORCEMENT PROVISIONS
Division 1--Powers of Minister in relation to councils
- 222 Order of Minister
- 223 Hearing of council
- 224 Effect of failure to comply with order
- 225 Powers of Minister and authorised persons
- 226 Minister may seek administrative order
- 227 Other powers not affected
Division 1B--Inspections of safety and emergency equipment
- 227E Powers of inspection of chief officer and municipal building surveyor
Division 2--Information gathering and entry powers
- 227EA Definition of municipal building surveyor for the purposes of this Division
- 227EB Warning about giving information that may incriminate a person
- 227F Meaning of authorised person in this Subdivision
- 227G Power to obtain information or documents
- 227H Documents or information may be provided by post
- 227I Meaning of authorised person in this Subdivision and interpretation
- 227J Authorised person may seek court order
- 227K Inspection of documents under court order
- 227L Notification of execution of court order
- 228 Authorised persons under this Subdivision
- 228A Authorisation of persons as authorised persons
- 228B Authorised person's identification
- 228C Production of identification
- 228D Power of entry—inspections required or authorised by this Act or regulations
- 228E Entry for monitoring and other purposes
- 228F Notice before entry and search under section 228E with consent
- 228G Acknowledgement of consent to entry and search under section 228E
- 228H Use or seizure of electronic equipment during search under section 228E
- 228I Entry of building or land open to the public
- 228J Entry in emergency
- 228K Entry with warrant for monitoring buildings or land used for residential purposes
- 228L Form and content of warrant
- 228M Entry with search warrant to find evidence of contravention
- 228N Form and content of search warrants
- 228O Seizure of things not mentioned in the warrant
- 228P Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device
- 228Q Announcement before entry
- 228R Copy of warrant to be given to occupier
- 229 Powers of authorised person to require information when exercising power of entry
- 229A Receipt must be given for any thing seized
- 229B Certified copies of seized documents
- 229C Retention and return of seized documents or things
- 229D Magistrates' Court may extend 3 month period for retention of document or thing
- 229E Taking samples
- 229F Refusal or failure to comply with requirement
- 229G Protection against self-incrimination
- 229H Police to assist authorised persons
- 229I Impersonation of authorised person
- 229J Confidentiality
- 230 Register of exercise of powers of entry
- 231 Complaints to the Authority
- 232 Complaints to a council
- 233 Complaints to Energy Safe Victoria
- 234 Complaints relating to the chief officer
- 234A Investigation and report
Division 2A--Remedies
- 234B Undertakings
- 234C Copy of undertaking
- 234D Register of undertakings
- 234DA Interpretation
- 234E Injunctions
- 234F Consent injunctions
- 234G Interim injunctions
- 234H Variation and discharge of injunctions
- 234I Injunction may be granted during offence proceedings
- 234J Undertakings as to damages and costs
Division 3--Evidence and notices
- 235 Evidence of ownership or occupation
- 236 Service of documents—generally
- 237 Service on Boards
- 238 Building surveyor may rely on certificate by other registered building practitioner or endorsed building engineer
- 239 Certificate of Registrar
- 239A No proof required
- 240 Appointment of agents
Division 4--Offences and penalties
- 241 Proceedings for offences
- 241A Ineligibility for registration
- 242 Application of penalties
- 242A Offences by partners
- 243 Offences by bodies corporate
- 243A Conduct by officers, employees or agents of bodies corporate
- 244 Offence to hinder or obstruct
- 245 Offences by or relating to registered building practitioners
- 246 Offence to give false or misleading statements or documents
- 247 Offence relating to disclosure of pecuniary interest
- 248 Offence for agent to act without authority
- 250 Right of owner to carry out required work on occupied building or land
- 251 Occupier or registered mortgagee may carry out work
- 251A Owners corporation may carry out work
- 252 Vacation of building or land
- 253 Powers of court if requirement of authorised person not complied with
Division 5--Building infringements
- 254 Definitions
- 255 Building infringements
- 256 Additional steps
- 259 Proceedings where building infringement notice requiring additional steps is served
PART 14--GENERAL
- 259A Improper use of information
- 259AB Information sharing arrangements
- 259B Authority may provide information to the Director of Consumer Affairs Victoria
- 259BA Certificate evidence—decisions of Authority and predecessor bodies
- 259BB Certificate of Authority
- 259C Authority may disclose cooling tower information
- 260 Supreme Court—limitation of jurisdiction
- 261 General regulation-making powers
- 262 Additional regulation-making powers
- 263 Transitional provisions
- 264 Transitional provisions relating to the Building (Plumbing) Act 1998
- 265 Transitional—Effect of change to Commission's name
- 267 Transitional—proportionate liability
- 269 Transitional—owner-builders
- 270 Transitional—building surveyors
- 271 Transitionals—Building Amendment Act 2012
- 272 Transitional and savings provisions—Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013
- 272A Schedule 9—House Contracts Guarantee Repeal Act 2016
- 273 Transitional and savings provisions—Building Legislation Amendment (Consumer Protection) Act 2016
- 274 Transitional and savings provisions relating to the Building Amendment (Enforcement and Other Measures) Act 2017
- 275 General transitional and savings provisions—Building Amendment (Registration of Building Trades and Other Matters) Act 2018
- 276 Transitional regulations
- 277 Transitional and savings provisions—Building Amendment (Cladding Rectification) Act 2019
- 277A Transitional provision relating to the building permit levy
- 279 Transitional and saving provisions relating to the Building and Environment Protection Legislation Amendment Act 2020
- 280 Transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020
- 281 Transitional and savings provisions relating to the Building Amendment (Registration and Other Matters) Act 2021
- 282 Transitional and savings provisions relating to the Building Amendment (Registration and Other Matters) Act 2021
- 283 Transitional regulations
- 284 Transitional and saving provision relating to the Building Amendment (Registration and Other Matters) Act 2021
- 285 Transitional and saving provisions relating to the Building Legislation Amendment Act 2023
- 286 Transitional regulations