BUILDING ACT 1993

Victorian Current Acts

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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

81. Termination of appointment
82. Directions of Authority
83. Effect of transfer of functions

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 or action
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

137F. Subrogation
137G. Repayment of financial assistance

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

166. Establishment and membership of Building Appeals Board
168. Register

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, and access to and egress from, single[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

209. Establishment of Committee
210. Membership and procedure
211. Functions of Committee

Division 4A--Plumbing Advisory Council

211A. Establishment of Council
211B. Membership and procedure
211C. Functions

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

221A. Purpose of this Part
221B. Definitions applying to this Part
221C. Meaning of plumbing work

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
287. Transitional and savings provisions—Building Legislation Amendment and Other Matters Act 2024
288. Transitional regulations relating to the Building Legislation Amendment and Other Matters Act 2024
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SCHEDULE 11
ENDNOTES

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