Victorian Consolidated Legislation

Building Act 1993 - SECT 78

When may a private building surveyor be appointed?

78. When may a private building surveyor be appointed?



(1) Subject to this Part, a person who is entitled to apply for a building
permit, occupancy permit or temporary approval under this Act in respect of a
building or building work, may appoint a private building surveyor to carry
out the functions set out in section 76 in respect of that building or
building work.









(2) Except as provided in this Part, a person must not appoint a private
building surveyor to complete any functions set out in section 76 in respect
of a building or building work if another private building surveyor or a
municipal building surveyor has already commenced to carry out functions set
out in that section in respect of that building or building work.

Penalty: 100 penalty units, in the case of a natural person. 500 penalty
units, in the case of a body corporate.

(3) Subject to this Part, on and from the acceptance of an appointment under
this Part in respect of a building or building work, a private building
surveyor is responsible for carrying out the functions set out in section 76
in respect of that building or building work.

(4) Despite the terms of an appointment under this section, a private building
surveyor, in carrying out any functions set out in section 76, must comply
with this Act and the regulations.