Victorian Current Acts

BUILDING ACT 1993 - SECT 16B

    (1)     A person who is in the business of building must not carry out building work for which a building permit is required if the person knows that—

        (a)     a building permit is required to carry out that work; and

        (b)     a building permit to carry out that work is not in force.

Penalty:     600 penalty units or imprisonment for 5 years or both, in the case of a natural person;

3000 penalty units, in the case of a body corporate.

    (2)     An offence against subsection (1) is an indictable offence.

    (3)     A person who is in the business of building must not carry out building work if the person knows that the building work is not being carried out in accordance with—

        (a)     this Act; or

        (b)     the building regulations; or

S. 16B(3)(c) amended by No. 11/2023 s. 5(3)(a).

        (c)     the building permit issued in relation to that work; or

S. 16B(3)(d) inserted by No. 11/2023 s. 5(3)(b).

        (d)     any binding determination that applies to the carrying out of that work.

Penalty:     600 penalty units or imprisonment for 5 years or both, in the case of a natural person;

3000 penalty units, in the case of a body corporate.

    (4)     An offence against subsection (3) is an indictable offence.

    (5)     Subsections (1) and (3) do not apply if the building work is exempted by or under this Act or the regulations.

    (6)     In this section—

"person in the business of building "includes a person who is in the business of managing or arranging the carrying out of building work.

Division 2—Applications for building permits