Victorian Current Acts

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BUILDING ACT 1993 - SECT 24B

Specification of builders in relation to specific building work

    (1)     This section specifies builders for the purposes of section 24A(1)(a).

    (2)     If the cost of the building work does not exceed the prescribed amount for this subsection, the builder must be—

        (a)     a building practitioner; or

        (b)     the owner of the building or land in or on which the building work is to be carried out; or

S. 24B(2)(c) amended by No. 26/2019 s. 114(1)(a).

        (c)     an architect who is registered under the Architects Act 1991 ; or

S. 24B(2)(d) inserted by No. 26/2019 s. 114(1)(b).

        (d)     an endorsed building engineer.

    (3)     If the building work is not domestic building work and the cost of the building work exceeds the prescribed amount for subsection (2), the builder must be—

S. 24B(3)(a) amended by No. 46/2018 s. 5(1), substituted by No. 40/2021 s. 6(1)(a).

        (a)     a registered building practitioner other than a provisionally registered builder subcontractor or a registered builder subcontractor; or

S. 24B(3)(ab) inserted by No. 46/2018 s. 5(2), repealed by No. 40/2021 s. 6(1)(b).

    *     *     *     *     *

        (b)     the owner of the building or land in or on which the building work is to be carried out; or

S. 24B(3)(c) amended by Nos 46/2018 s. 31, 26/2019 s. 114(2)(a).

        (c)     an architect registered under the Architects Act 1991 ; or

S. 24B(3)(d) inserted by No. 26/2019 s. 114(2)(b).

        (d)     an endorsed building engineer.

    (4)     If the building work is domestic building work being carried out under a major domestic building contract, the builder must—

        (a)     be the builder who entered into that contract; and

S. 24B(4)(b) amended by No. 46/2018 s. 5(3), substituted by No. 40/2021 s. 6(2).

        (b)     be registered under Part 11, other than provisionally registered or registered as a builder subcontractor, and the registration authorises the carrying out of that work.

    (5)     If the building work is domestic building work not being carried out under a major domestic building contract and the cost of the work exceeds the prescribed amount for subsection (2) but does not exceed the prescribed amount for section 25B, the builder must be the owner of the building or land in or on which the building work is to be carried out.

    (6)     If the building work is domestic building work not being carried out under a major domestic building contract and the cost of the work exceeds the prescribed amount for section 25B, the builder must be an owner referred to in section 25B of the building or land in or on which the work is being carried out.

    (7)     In this section, the cost of building work is the cost of that work estimated under Subdivision 4 of Division 2 of Part 12.

    (8)     In subsection (2)—

"prescribed amount" means—

        (a)     the amount prescribed by the regulations (if any); or

        (b)     if an amount is not prescribed, $5000.



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