Victorian Consolidated Legislation

Building Act 1993 - SECT 79

Circumstances in which private building surveyor may not act

79. Circumstances in which private building surveyor may not act



(1) Subject to subsection (2), a private building surveyor must not accept an
appointment to carry out any functions set out in section 76 in relation to a
building or building work if the private building surveyor-

   (a)  prepared the design of the building or building work; or

   (b)  is, or within the prescribed period was, employed or engaged by the
        person or body which prepared the design of the building or building
        work other than an appointment to carry out a function set out in
        section 76; or

   (c)  has a direct or indirect pecuniary interest in the body which prepared
        the design of the building or building work; or

   (d)  has a direct or indirect pecuniary interest in the building or
        building work or in any body carrying out the building work.

Penalty: 100 penalty units.

(2) The Commission, on the application of a private building surveyor, may
exempt the private building surveyor from all or any of the requirements of
subsection (1) in respect of any particular building or building work. An
exemption must be in writing.

(2A) A private building surveyor must not accept an appointment to carry out
any functions set out in section 76 in relation to a building or building work
if the private building surveyor-

   (a)  is also an officer or employee of a council and the building is
        situated in or the building work is to be carried out in the municipal
        district of that council; or

   (b)  is engaged by a council under section 215 to carry out the functions
        of municipal building surveyor and the building is situated in or the
        building work is to be carried out in that municipal district.

Penalty: 100 penalty units.

(3) Except as provided in this Part, a private building surveyor must not
accept an appointment 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.