Victorian Current Acts Victorian Current ActsS. 25B(1) amended by No. 15/2016 s. 27(1).
(1) An owner of land or a building must not carry out domestic building work as builder on that land or in respect of that building if the cost of the work (estimated under Subdivision 4 of Division 2 of Part 12) is more than the prescribed amount unless the owner—
(a) has been issued with a certificate of consent for the work; or
S. 25B(1)(b) substituted by No. 15/2016 s. 28(1), amended by No. 46/2018 s. 6(1), substituted by No. 40/2021 s. 9(1).
(b) is a builder whose registration under Part 11 authorises the carrying out of that work, other than a provisionally registered builder subcontractor or a registered builder subcontractor; or
(c) is an architect who is registered under the Architects Act 1991 ; or
S. 25B(1)(d) amended by No. 40/2022 s. 50.
(d) is Homes Victoria (within the meaning of section 4(1) of the Housing Act 1983 ); or
(e) is carrying out the work in accordance with an emergency order, a building notice or a building order made under Part 8.
Penalty: 120 penalty units.
S. 25B(1A) inserted by No. 15/2016 s. 28(2), amended by Nos 46/2018 s. 6(2), 40/2021 s. 9(2).
(1A) An owner of land or a building who is required under this section to be issued with a certificate of consent to carry out domestic building work as builder must not enter into a major domestic building contract with another person to carry out the work or any part of the work unless the person is registered, other than provisionally registered or as a builder subcontractor, as a builder under Part 11 and the registration authorises the person to carry out that work.
Penalty: 60 penalty units, in the case of a first offence.
120 penalty units, in the case of a second or subsequent offence.
S. 25B(1B) inserted by No. 15/2016 s. 28(2).
(1B) Subsection (1A) does not apply to an owner of land or a building if the owner took reasonable steps to ensure that the person carrying out the building work is registered as a builder under Part 11 and that the registration authorises the person to carry out that work.
S. 25B(2) inserted by No. 15/2016 s. 27(2).
(2) In this section—
"prescribed amount" means—
(a) the amount prescribed by the regulations (if any); or
(b) if an amount is not prescribed, $16 000.
Pt 3 Div. 3AA (Heading and ss 25BA – 25BF) inserted by No. 21/2017 s. 63.
Division 3AA—Issue of building permit number by the Authority
S. 25BA inserted by No. 21/2017 s. 63.