Building Amendment Act 2008

Building Amendment Act 2008

No. 36 of 2008

table of provisions

Section Page

1 Purpose 1

2 Commencement 2

3 Owner-builder insurance 2

4 Effect of decisions under appeal 3

5 Application for registration 3

6 New section 172A inserted 4

172A Change to prescribed information 4

7 Offences 4

8 Inquiry into conduct of registered building practitioner 5

9 Disciplinary action—building practitioners 6

10 New section 179B inserted 7

179B Conduct of company or partnership to be conduct of building practitioner director or partner 7

11 Notice of decision 7

12 New section 213 inserted 8

213 Appointment of municipal building surveyor 8

13 Delegation by municipal building surveyor 8

14 New section 216C inserted 9

216C Role of municipal building surveyor outside municipal district 9

15 References to plumbers and plumbing work 10

16 Supervision of plumbing work 11

17 Use of title of plumbing practitioner 11

18 Licences and registrations 11

19 Use of photographs 12

20 Period of registration 13

21 Compliance certificate 13

22 Details that must appear on a compliance certificate 14

23 Lifting suspension—period of insurance 15

24 Disciplinary action—plumbers 15

25 Regulations 16

26 New section 269 inserted 17

269 Transitional—owner-builders 17

27 New section 270 inserted 17

270 Transitional—building surveyors 17

28 Repeal of Amending Act 18

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Endnotes 19

Section Page

Victoria

Section Page

Building Amendment Act 2008[(]

No. 36 of 2008

[Assented to 26 August 2008]

Building Amendment Act 2008
No. 36 of 2008

The Parliament of Victoria enacts:

Building Amendment Act 2008
No. 36 of 2008

1 Purpose

The main purpose of this Act is to amend the Building Act 1993—

(a) in relation to the sale of buildings built by owner-builders;

(b) in relation to the registration of building practitioners and disciplinary actions relating to them;

(d) to clarify the powers of municipal building surveyors to act outside their municipal districts;

(e) in relation to the registration and licensing of plumbers and disciplinary actions relating to them;

(f) in relation to compliance certificates for plumbing work;

(g) to otherwise improve the operation of that Act.

2 Commencement

s. 2

(1) This Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 September 2009, it comes into operation on that day.

3 Owner-builder insurance

See:
Act No.
126/1993.
Reprint No. 7
as at
16 November 2006
and amending
Act Nos
24/2006, 28/2007, 31/2007 and 4/2008.
LawToday:
www.
legislation.
vic.gov.au

(1) After section 137B(5) of the Building Act 1993 insert—

"(5AA) A reference in subsection (2) to a person who constructs a building includes a reference to—

(a) a mortgagee in possession of the land on which the building is situated; and

(b) an executor or administrator of the estate of the person who constructed the building.

(5AAB) A mortgagee, executor or administrator referred to in subsection (5AA) may rely on anything which was done by the person who constructed the building under subsection (2)(a) in the 6 months before a contract of sale is entered into by the mortgagee, executor or administrator as if it had been done by the mortgagee, executor or administrator.".

(2) In section 137B(7) of the Building Act 1993 insert the following definition—

"certified date of commencement, in relation to a building, means the date certified by the owner of the building by statutory declaration as the date of commencement of the building work for the construction of the building;".

(3) In section 137B(7) of the Building Act 1993, in the definition of prescribed period, for paragraph (a)(ii) substitute—

"(ii) if neither an occupancy permit nor a certificate of final inspection is issued or required to be issued in respect of the construction of the building—

(A) 7 years after the date of the issue of the building permit in respect of the construction of the building; or

(B) if a building permit is not issued or required to be issued in respect of the construction of the building, 6 years and 6 months after the certified date of commencement for the building; and".

4 Effect of decisions under appeal

s. 4

In section 146(2) of the Building Act 1993 for "or174A" substitute ", 174A or 178".

5 Application for registration

(1) After section 169(2)(c) of the Building Act 1993 insert—

"(ca) be accompanied by the prescribed information relating to the character of the applicant; and".

(2) After section 169(2) of the Building Act 1993 insert—

"(2A) An application for registration as a building surveyor must specify one of the following classes of registration—

(a) building surveyor (unlimited);

(b) building surveyor (limited).".

6 New section 172A inserted

s. 6

After section 172 of the Building Act 1993 insert—

"172A Change to prescribed information

A registered building practitioner must
notify the Board of any change to the prescribed information about the practitioner provided to the Board under section 169(2)(ca) without delay after the change occurs.

Penalty: 10 penalty units.".

7 Offences

(1) In section 176(1)(a)(ii) of the Building Act 1993, after "building surveyor" insert ", building surveyor (unlimited) or building surveyor (limited)".

(2) In section 176(2) of the Building Act 1993 after "building surveyor" (where secondly occurring) insert "(unlimited) or building surveyor (limited)".

(3) After section 176(2) of the Building Act 1993 insert—

"(2AA) A person who is registered as a building surveyor (limited) must not practise as a building surveyor except in respect of buildings up to 3 storeys in height with a maximum floor area of 2000 square metres.

Penalty: 50 penalty units.".

(4) In sections 176(3), 176(4) and 176(5) of the Building Act 1993 after "(2)" insert ", (2AA)".

8 Inquiry into conduct of registered building practitioner

s. 8

(1) For section 178(3) of the Building Act 1993 substitute—

"(3) The Board may suspend the practitioner's registration pending the holding and determination of an inquiry if the Board considers it is in the interests of the public to do so.".

(2) After section 178(5) of the Building Act 1993 insert—

"(6) A person who has had his or her registration as a registered building practitioner suspended under subsection (3) must, as soon as possible after the decision to suspend the registration is made—

(a) give notice in the prescribed form of the suspension of the registration to any person who has a contract with the person relating to, or arising out of, the carrying out of his or her work as a registered building practitioner; and

(b) give a copy of the notice to the Board.

Penalty: 10 penalty units.".

9 Disciplinary action—building practitioners

s. 9

(1) After section 179(1)(d) of the Building Act 1993 insert—

"(da) has shown in the information provided to the Board under section 172A that he or she is not a fit and proper person to practise as a building practitioner; or".

(2) After section 179(1)(fb) of the Building Act 1993 insert—

"(fc) has failed to comply with the Domestic Building Contracts Act 1995; or".

(3) After section 179(2)(c) of the Building Act 1993 insert—

"(ca) to require the person to complete a specified course of training;".

(4) For section 179(2)(d) of the Building Act 1993 substitute—

"(d) to impose a fine of not more than 100penalty units unless—

(i) a charge has been filed in the Magistrates' Court in respect of the matter; or

(ii) the matter has been dealt with by a court exercising its criminal jurisdiction; or

(iii) the matter has been dealt with by the issue of an infringement notice;".

(5) In section 179(2)(f) of the Building Act 1993 for "registration." substitute "registration;".

(6) After section 179(2)(f) of the Building Act 1993 insert—

"(g) to disqualify the person from being registered for a specified period of up to 3years.".

10 New section 179B inserted

s. 10

After section 179A of the Building Act 1993 insert—

"179B Conduct of company or partnership to be conduct of building practitioner director or partner

If a company or partnership of which a registered building practitioner is a director or partner fails to comply with this Act or the regulations in carrying out building work, that failure is taken to have been the conduct of the registered building practitioner and a failure by the registered building practitioner to comply with this Act and the regulations for the purposes of sections 178, 179 and179A.".

11 Notice of decision

After section 182(3) of the Building Act 1993 insert—

"(4) A person who has had his or her registration as a building practitioner cancelled or suspended under section 179 or 180 must, as soon as possible after the decision to cancel or suspend the registration takes effect or is confirmed on appeal—

(a) give notice in the prescribed form of the cancellation or suspension of the registration to any person who has a contract with the person relating to, or arising out of the carrying out of his or her work as a registered building practitioner; and

(b) give a copy of the notice to the Board.

Penalty: 10 penalty units.".

12 New section 213 inserted

s. 12

After section 212 of the Building Act 1993 insert—

"213 Appointment of municipal building surveyor

A municipal council must not appoint, employ or nominate a person as its municipal building surveyor unless the person is registered as a building surveyor (unlimited).".

13 Delegation by municipal building surveyor

(1) In section 216B of the Building Act 1993 after "building surveyor" (where secondly occurring) insert "(unlimited)".

(2) At the end of section 216B of the Building Act 1993 insert—

"(2) The municipal building surveyor of a council may, by instrument, delegate any of his or her functions under this Act or the regulations to the extent that they relate to buildings up to 3 storeys in height with a maximum floor area of 2000 square metres, except this power of delegation, to any person employed or engaged by the council who is registered as a building surveyor (limited) under Part 11.".

14 New section 216C inserted

s. 14

After section 216B of the Building Act 1993 insert—

"216C Role of municipal building surveyor outside municipal district

(1) A municipal building surveyor of a council, with the consent of that council, may be appointed to carry out all or any of the following functions under this Act in respect of land outside the municipal district of that council—

(a) the issuing of building permits;

(b) the carrying out of inspections of buildings and building work under Part4;

(2) In addition to subsection (1), a municipal building surveyor of a council who is appointed pursuant to subsection (1) may carry out outside the municipal district of that council any other functions conferred on a private building surveyor by this Act or the regulations.

(3) A municipal building surveyor may use the title of municipal building surveyor in carrying out functions referred to in this section.

(4) Sections 78 to 83 apply to a municipal building surveyor who is appointed to carry out functions pursuant to subsection (1) as if—

(a) a reference in sections 78(1), 78(3) and 78(4), 79(1), 79(2), 80, 81(1) to 81(3) and 83 to a private building surveyor were a reference to the municipal building surveyor; and

(b) a reference in sections 78(2), 79(3), 81(4), 82(1)(b) and 82(3) to a private building surveyor (where first occurring) were a reference to the municipal building surveyor; and

(c) a reference in section 82(2) to a private building surveyor (where first and thirdly occurring) were a reference to the municipal building surveyor; and

(d) a reference in sections 81(4) and 82 to a private building surveyor's functions were a reference to the municipal building surveyor's functions; and

(e) a reference to a function set out in section 76 of the Act were a reference to a function set out in subsection (1).

(5) Nothing in this section limits or affects the operation of sections 191, 192, 214, 215, 216 or 221.

(6) The enactment of this section does not affect the validity of any permit issued by a municipal building surveyor of a council outside the municipal district of that council before that enactment.".

15 References to plumbers and plumbing work

s. 15

In the Building Act 1993—

(a) in section 221C(1) omit "plumbing" (where secondly occurring);

(b) in section 221C(2) after "plumbing" insert "work";

(d) in sections 221N(1)(a) and 221OA(1)(a) after "plumber" insert "in respect of a prescribed class of plumbing work".

16 Supervision of plumbing work

s. 16

In sections 221D(5)(e), 221OA(5) and 221P(2) of the Building Act 1993 for "on behalf of, or at the direction of," substitute "under the supervision of".

17 Use of title of plumbing practitioner

(1) Insert the following heading to section 221I of the Building Act 1993—

'Person must not use the title "plumber" or "plumbing practitioner" unless licensed or registered'.

(2) In section 221I(1) of the Building Act 1993 after '"plumber" ' insert 'or "plumbing practitioner" '.

(3) In section 221I(2)(a) of the Building Act 1993 after ' "licensed plumber" ' insert 'or "licensed plumbing practitioner" '.

(4) In section 221I(3)(a) of the Building Act 1993 after ' "registered plumber" ' insert 'or "registered plumbing practitioner" '.

18 Licences and registrations

(1) In sections 221M(4) and 221Q(2) of the Building Act 1993 omit "written".

(2) In sections 221O(4), 221X(3), 221Y and 221ZFC of the Building Act 1993 for "certificate of registration" (wherever occurring) substitute "registration document".

(3) In section 221OA(4) of the Building Act 1993 for "certificate" substitute "document".

(4) In section 221P(4) of the Building Act 1993 for "certificate of provisional registration" substitute "provisional registration document".