The VBA is responsible for implementing the Victorian Government’s building industry reforms scheduled to roll out progressively between 2016 – 2019 through amendments to the Building Act. Reforms are designed to achieve both transparency and efficiency throughout the building industry and increased consumer protection, so that people engaging building practitioners can do so with a high degree of confidence.

A summary of the type of changes effective from 16 August 2017 includes:

• Changes to emergency orders, building notices, building orders and amended definitions as well as new penalties for body corporates (i.e. companies in the business of building)
• New regulations compelling practitioners to maintain exits as well as safety and emergency services, with a view to increased public safety
• Increased penalties for builders for non-compliance when issued with a direction to fix notice
• Changes to the requirement for a building owner to ensure essential safety measures
• Extension to the statute of limitations for prosecutions against a practitioner
• New information sharing arrangements between relevant agencies to increase regulatory capacity
• Some changes to the process for collection of levies.

Website links

VBA home page: http://www.vba.vic.gov.au/

2017 Changes to the Building Act: http://www.vba.vic.gov.au/2017-changes-to-the-building-act-1993

Building Practitioners: http://www.vba.vic.gov.au/2017-changes-to-the-building-act-1993/building-practitioners

Quick links to 2017 fact sheets: http://www.vba.vic.gov.au/2017-changes-to-the-building-act-1993/quick-links

Enquiries: http://www.vba.vic.gov.au/about/contact-us

Fact sheets

These fact sheets can also be found at:

http://www.vba.vic.gov.au/2017-changes-to-the-building-act-1993/quick-links 
• Emergency Orders, Building Notices & Building Orders
• Powers to issue directions to fix building work

Key messages

As of 16 August 2017 new penalties will apply to body corporates who fail to comply with a written direction to fix or for requesting or receiving payment for complying with a direction to fix notice.

The RBS is required by law to issue a direction to fix building work if, after inspection, the RBS reasonably believes that the work fails to comply with the Act, the Regulations or the permit.

1. A Registered Building Surveyor is required by law to issue a direction to fix building work if, after inspection, the RBS reasonably believes that the work fails to comply with the Act, the Regulations or the permit.

2. The Victorian Building Authority (VBA), or a person authorised by the VBA, may also issue a written direction to fix building work.

3. It is an offence to fail to comply with a written direction to fix.

4. A builder who has been issued with a written direction to fix must ensure that the work is carried out in accordance with that notice and stops the work if ordered to do so by the notice.

5. Penalties have been increased for failure to comply with a written direction to fix.

Q&As

Q: What are the new penalties for failure to comply with a written direction to fix notice for an individual and for body corporates from 16 August 2017?
A: 500 penalty units (to a maximum of $79,285), in the case of a natural person and 2500 penalty units (to a maximum of $396, 425), in the case of a body corporate.

Q: What are the new penalties for a builder who requests or receives payment for work carried out to comply with a written direction to fix notice?
A: 50 penalty units (to a maximum of $7928.50) in the case of a natural person and 250 penalty units (to a maximum of $39,642.50) in the case of a body corporate.