Following the Building Legislation Amendment Act (2016), as of 4 July 2016 Building Surveyors can issue directions to fix building work.

The VBA on Friday published a new Practice Note to inform and clarify for building surveyors, builders and owners about the formal and procedural matters regarding a direction to fix building work.

The practice note can be found here.

Master Builders received feedback that building surveyors were confused about the difference between an oral and written direction to fix, and their obligations to act in respect of oral and written directions. This is why the following has been has been detailed in the Practice Note:

An oral Direction to Fix (DTF) is provided when non-compliance is evident after completion of an inspection and compliance can be achieved within seven days; and there are no factors indicating an oral DTF is inappropriate (e.g. the extent of delays already incurred in achieving compliance, a strong likelihood that the oral DTF will be ignored, the complexity or volume of work required)

A written direction is provided when an oral direction has expired and compliance has not been achieved; or non-compliance is evident after completion of an inspection and there are factors indicating an oral DTF will not be sufficient to achieve compliance (e.g. the work cannot be completed within seven days or there is a strong likelihood that an oral DTF will be ignored)

For more information, please see the Practice Note 70-2016: Directions to Fix Building Work