The VBA has released a Position Statement on the use of advertising and promotional material for domestic builders advertising and promoting their business.
Members will recall the legislation requires that all registered domestic builders must provide the name of the registered building practitioner and their registration number(s) on any advertisements or written statements offering to carry out domestic building work.
Master Builders has asked for clarification from the VBA on what a ‘written statement’ might be and how far the rules apply. We have now received their Position Statement.
Part of the Position Statement is quoted below, and we recommend all domestic builders members read the full position statement which can be found here.
“The VBA will take the following position when monitoring compliance with this requirement:
- Registered building practitioners are expected to include their registration number on any published advertisement (including in print or online) or written offer to carry out domestic building work. This will include advertisements in newspapers, online or on social media, printed brochures / flyers and any written quote to carry out domestic building work.
- The VBA does not expect registered building practitioners to include registration numbers on other collateral that does not amount to advertising. Such collateral may include business cards or items including a company logo (e.g.pens, uniforms).
Practitioners are advised to exercise judgement when producing or publishing material that relates their business. The actions of a practitioner or the context in which materials are used may change the nature of a written statement which will attract the requirement for the inclusion of a building practitioner’s registration number.”
Nb. Members will read in the Position Statement that the VBA states that:
“The obligations relating to advertising or written statements on practitioners carrying on business as a member of a partnership are broader...”
We have sought clarification on the meaning of the term “broader” and VBA’s advises that this means the advertising obligations apply to both the registered and unregistered practitioner.
For more information, please contact the Legal Department on (03) 9411 4555.