Division 3—Disputes 116 150 Disputes about inspections 116 151 Emergency protection work 116 152 Insurance 116 153 Surveys of adjoining property 117 154 Cost of supervising protection work 117 155 Other disputes between owners and adjoining owners 117 156 Disputes about the building permit levy 117 157 Application and effect of building regulations 118 158 Party walls 118 Division 4—Other proceedings 119 159 Compensation—protection work 119 160 Modification of building regulations 119 160A Application for determination in respect of building design 120 160B Application for modification of building regulations relating to access for persons with disabilities 121 Division 5—Powers concerning disputes and other proceedings 126 161 General powers 126 162 Special powers—modification of regulations 127 163 Agreements 128 164 Termination and variation of agreements 129 165 Lodging and recording of agreements 130 Division 6—The Building Appeals Board 131 166 Establishment and membership of Building Appeals Board 131 167 Repealed 132 168 Register 132 133 Division 1—Registration 133 169 Application for registration 133 170 Registration 134 171 Period of registration 135 172 Building practitioner's certificate 135 172A Change to prescribed information 137 173 The Register 138 174 Suspension where insurance ceases 138 174A Suspension of registration where failure to comply with insurer's direction 139 175 Consequences of suspension of registration 140 176 Offences 140
2 Commencement s. 2 (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 March 1995, it comes into operation on that date. 3 Definitions (1) In this Act— appointed day in relation to a class or category of building practitioners, means a day appointed for that class or category under section 6; adjoining occupier means an occupier of an adjoining property; adjoining owner means the owner of an adjoining property; adjoining property means land (including any street, highway, lane, footway, square, alley and right of way) which is so situated in relation to the site on which building work is to be carried out as to be at risk of significant damage from the building work; S. 3(1) def. of approved auditor inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). * * * * * building includes structure, temporary building, temporary structure and any part of a building or structure;
S. 3(1) def. of cooling tower system inserted by No. 85/2000 s. 3, substituted by No. 46/2008 s. 248(2). cooling tower system has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008; council means a council within the meaning of the Local Government Act 1989; decision, in relation to a matter in respect of which an appeal can be made to the Building Appeals Board, includes failure to decide; decision-maker, in relation to a matter in respect of which an appeal can be made to the Building Appeals Board, means the person or body whose decision may be the subject of that appeal; S. 3(1) def. of domestic builder inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). domestic builder means a builder within the meaning of the Contracts Act 1995; s. 3 S. 3(1) def. of domestic building work inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). domestic building work has the same meaning as it has in the Contracts Act 1995; function includes power, authority and duty; S. 3(1) def. of insured architect inserted by No. 35/2004 s. 34(2), insured architect means an architect who is registered under the Architects Act 1991 and who is covered by the required insurance under that Act;
S. 3(1) def. of National Construction Code Series inserted by No. 5/2011 s. 3(1). National Construction Code Series means the National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time; S. 3 def. of owner amended by No. 85/1998 s. 24(Sch. item 6.1(a)(b)). owner— (a) in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958, (other than land in an identified folio under that Act) means the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land; and s. 3 (b) in relation to land which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means the person who is the owner, or the persons who are the owners, of the fee or equity of redemption; and (c) in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management, means the Minister administering that Act; and (d) in relation to any other Crown land, means the Minister or public authority that manages or controls the land; owner in relation to a building, means the owner of the land on which a building is situated;
S. 24(1)(c) substituted by No. 28/2000 s. 13(b). (c) any relevant planning permit or other prescribed approval has been obtained; and S. 24(1)(d) inserted by No. 28/2000 s. 13(b). (d) the building permit will be consistent with that planning permit or other prescribed approval. S. 24(2) amended by No. 66/2004 s. 5(1). (2) Subject to section 24A and Division 4, the relevant building surveyor must not issue a building permit that imposes on the applicant lesser or greater standards or requirements than those prescribed by this Act or the building regulations, unless permitted to do so by this Act or the building regulations. S. 24(3) substituted by No. 91/1995 s. 137(1), amended by No. 35/2004 s. 35(1), repealed by No. 66/2004 s. 5(2), new s. 24(3) inserted by No. 35/2006 s. 10, amended by No. 35/2011 s. 17(2). s. 24 (3) The relevant building surveyor must not issue a building permit for the carrying out of building work for which notice is required to be given to the Urban Renewal Authority Victoria under section 18A unless the Authority has notified the relevant building surveyor under section 51ZA of the Urban Renewal Authority Victoria Act 2003 that— (a) a general development charge or an infrastructure recovery charge is not payable in respect of the building work for which the permit is to be issued; or (b) if a general development charge or an infrastructure recovery charge is payable in respect of that building work, the charge has been paid or the person liable to pay the charge has entered into an agreement with the Authority under section 51Y of that Act to pay the charge.
S. 25D inserted by No. 66/2004 s. 8. 25D Further particulars s. 25D The Building Practitioners Board may ask an applicant under section 25C to give it any more information that it reasonably requires to determine the application and may refuse the application if the applicant does not comply with the request within a reasonable time. S. 25E inserted by No. 66/2004 s. 8. 25E Decision on application for certificate of consent (1) The Building Practitioners Board must issue a certificate of consent for domestic building work if it is satisfied that— (a) the applicant has complied with sections 25C and 25D; and (b) the applicant is the owner of the land on which the domestic building work is to be carried out or the application is authorised under section 25F; and (c) the application relates to the carrying out of domestic building work in relation to, or ancillary to, a single dwelling; and (d) the applicant resides and will continue to reside, or intends to reside, in the dwelling; and (e) the applicant has not been issued with a building permit for the carrying out of domestic building work by the applicant as builder on land owned by the applicant or a related body in the previous 3 years other than in relation to, or ancillary to, the dwelling on the land to which the application relates; and (f) if the applicant co-owns the land to which the application relates with another person, a building permit has not been issued to that person for the carrying out of domestic
(e) the information referred to in paragraphs (c) and (d) in respect of all other building permits issued for the same land in the previous 3 years. __________________ 33 Notification during building work s. 33 S. 33(1) amended by No. 33/2010 s. 7. (1) A person who is in charge of the carrying out of building work for which a permit has been issued under Part 3, must notify the relevant building surveyor without delay after completion of each mandatory notification stage of that work. 120 penalty units. S. 33(2) amended by No. 33/2010 s. 7. (2) A person who is carrying out building work for which a permit has been issued under Part 3 must stop carrying out that work or any part of that work on completion of a mandatory notification stage if directed to do so by the relevant building surveyor. 120 penalty units. 34 Inspections at mandatory notification stages On being notified that a mandatory notification stage has been completed, the relevant building surveyor must cause the building work concerned to be inspected. 35 Inspection of building work—general powers The relevant building surveyor may cause building work for which a permit has been issued under Part 3 to be inspected at any time whether or not a mandatory notification stage has been completed. 36 Powers in relation to inspections
2500 penalty units, in the case of a body corporate. (2) The contract of insurance must be entered into with an insurer and for an amount— (a) agreed to by the owner and the adjoining owner; or (b) in the event of a dispute, determined by the Building Appeals Board under Part 10. S. 93(3) amended by Nos 68/2001 s. 7(2)(3), 33/2010 s. 21(2). (3) The owner must lodge a copy of the contract of insurance with the adjoining owner before the commencement of the protection work. 50 penalty units, in the case of a natural person. 120 penalty units, in the case of a body corporate. S. 93(4) substituted by No. 68/2001 s. 7(4), amended by No. 33/2010 s. 21(1). (4) The owner must ensure that the contract of insurance is renewed or extended as often as may be necessary during the carrying out of the building work and for 12 months after that work is completed. s. 93 500 penalty units, in the case of a natural person. 2500 penalty units, in the case of a body corporate. S. 93(5) inserted by No. 68/2001 s. 7(4), amended by No. 33/2010 s. 21(2). (5) The owner must lodge a copy of a document evidencing the renewal or extension of the contract of insurance with the adjoining owner as soon as it is practicable to do so after the renewal or extension. 50 penalty units, in the case of a natural person.
(3) A contract entered into in contravention of subsection (2) is not void by reason only of the contravention but is voidable at the option of the purchaser at any time before completion of the contract. S. 137B(4) amended by Nos 17/1999 s. 22(3), 35/2000 s. 42, 30/2003 s. 82(1), 21/2012 s. 239(Sch. 6 item 5.1). (4) A person who enters into a major domestic building contract with a builder for the construction of more than 4 homes may, with the consent of the builder, apply in writing to the Director of Consumer Affairs Victoria within the meaning of the Australian Consumer Law and Fair Trading Act 2012 to exempt the builder from the requirement to be covered by the required insurance in respect of that building work. S. 137B(5) amended by Nos 17/1999 s. 22(4), 35/2000 s. 42, 30/2003 s. 82(1). (5) If, on an application under subsection (4), the Director of Consumer Affairs Victoria, in writing, exempts a builder from the requirement to be covered by insurance in respect of building work— (a) the builder is not required to be covered by the required insurance in respect of that building work; and s. 137B (b) this section (except subsection (2)(a)) applies to the sale of a home constructed under that major domestic building contract. S. 137B(5AA) inserted by No. 36/2008 s. 3(1). (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. S. 137B (5AAB) inserted by No. 36/2008 s. 3(1). (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
the insurer in respect of the completion or rectification of defective building work or any payment to be made to the insurer in respect of the completion or rectification of defective building work in accordance with required insurance or in accordance with a guarantee under the House Contracts Guarantee Act 1987 or a failure by the builder to comply with a direction under section 44 of the House Contracts Guarantee Act 1987. (2) An application under subsection (1) must— s. 174A (a) be in writing; and (b) set out the terms of the direction to be complied with. (3) The Building Practitioners Board must notify the builder without delay of that application and advise the builder— (a) that his or her registration under this Part may be suspended at the end of 28 days after the date of the notice unless the builder complies with the direction; and (b) that he or she has a right to be heard by the Building Practitioners Board in respect of the application. (4) If a builder has not complied with the direction within 28 days after the date of the notice, the Building Practitioners Board, after giving the builder an opportunity to be heard, may suspend the builder's registration under this Part. (5) The Board must give the builder written notice of the suspension of the builder's registration under subsection (4). (6) The suspension lasts until—
S. 179(1)(fb) inserted by No. 36/2002 s. 11. (fb) has failed to carry out a recommendation contained in an inspector's report under section 48 of the Contracts Act 1995; or S. 179(1)(fc) inserted by No. 36/2008 s. 9(2). (fc) has failed to comply with the Contracts Act 1995; or (g) has had his or her authority to practise as a building practitioner in a place outside cancelled or suspended otherwise than for failure to renew that authority; or (h) has failed to comply with an undertaking given to the Board under this Division. (2) The following are the decisions which the Board may make— (a) to reprimand the person; (b) to require the person to pay the costs of or incidental to the inquiry; s. 179 (c) to require the person to give an undertaking not to do a specified thing; S. 179(2)(ca) inserted by No. 36/2008 s. 9(3). (ca) to require the person to complete a specified course of training; S. 179(2)(d) amended by No. 34/1997 s. 12, substituted by No. 36/2008 s. 9(4). (d) to impose a fine of not more than 100 penalty 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; (e) to suspend registration for not more than 3 years;
the person is not liable in any way for any loss, damage, or injury suffered by another person by reason only of the lodging of that complaint or the requesting of the inquiry or the production or giving of that document, information or evidence. S. 181 amended by No. 34/1997 s. 13. 181 Costs s. 180A If on an inquiry the Building Practitioners Board makes a finding favourable to a registered building practitioner, it may pay that practitioner's reasonable costs of and incidental to the inquiry. 182 Decisions (1) Without delay after the Building Practitioners Board makes a decision on an inquiry, the Registrar must give written notice of the decision to— (a) the registered building practitioner who is the subject of the inquiry; and (b) the Commission, if it referred the matter to the Board; and S. 182(1)(ba) inserted by No. 91/1995 s. 151, substituted by No. 52/1998 s. 311(Sch. 1 item 10.8). (ba) the Victorian Civil and Administrative Tribunal, if it referred the matter to the Board; and S. 182(1)(bb) inserted by No. 91/1995 s. 151. (bb) an insurer, if the insurer referred the matter to the Board; and (c) any person who requested the Board to hold the inquiry. (2) Any amount which the Board requires a registered building practitioner to pay by way of costs or a fine under this Division may be recovered as a
(b) any costs or fees received by or on behalf of the Building Appeals Board in respect of any matter relating to the registration or discipline of builders engaged in domestic building work. S. 200(3B) inserted by No. 85/2000 s. 7(2), repealed by No. 46/2008 s. 248(5). * * * * * S. 200(3C) inserted by No. 26/2001 s. 12(3). (3C) Amounts paid into the fund on account of the building permit levy payable under section 201(1A) must be credited to the domestic building (HIH) indemnity account. S. 200(3D) inserted by No. 36/2002 s. 13(3). (3D) Amounts paid into the fund on account of the building permit levy payable under section 201(1C) must be credited to the domestic building dispute account. (4) Other amounts paid into the fund must be credited to the general account. S. 200(5) substituted by No. 91/1995 s. 153(3). (5) Amounts paid out of the fund may be paid— s. 200 (a) out of the general account or the building permit levy account, as the Commission considers appropriate; or S. 200(5)(b) amended by Nos 52/1998 s. 311(Sch. 1 item 10.9), 85/2000 s. 7(3). (b) out of the domestic building account in accordance with subsection (7A), if authorised by the Minister and the Minister administering the Domestic Building Contracts Act 1995; or S. 200(5)(c) inserted by No. 85/2000 s. 7(3), amended by No. 26/2001 s. 12(4)(a), repealed by No. 46/2008 s. 248(5). * * * * *
S. 200(7A) inserted by No. 91/1995 s. 153(5). (7A) Amounts may be paid out of the domestic building account towards— (a) the costs and expenses referred to in subsection (7)(b) to the extent that they relate to the registration and discipline of builders engaged in domestic building work; and (b) the costs and expenses referred to in subsection (7)(ba). S. 200(7B)(7C) inserted by No. 85/2000 s. 7(5), repealed by No. 46/2008 s. 248(5). * * * * * S. 200(7D) inserted by No. 26/2001 s. 12(5). s. 200 (7D) Any amount standing to the credit of the domestic building (HIH) indemnity account at the end of each month must be paid within 7 days to the Domestic Building (HIH) Indemnity Fund established under Part 6 of the House Contracts Guarantee Act 1987. S. 200(7E) inserted by No. 36/2002 s. 13(6). (7E) Amounts may be paid out of the domestic building dispute account to the Domestic Builders Fund established under the Contracts Act 1995 and to the building permit levy account in the proportions determined from time to time by the Minister and the Minister administering the Contracts Act 1995. (8) The Commission may invest any part of the fund not immediately required for the purposes of the fund in any manner approved by the Treasurer. S. 200(9) inserted by No. 18/1998 s. 6. (9) The Commission may enter into arrangements or agreements with any person or body to act as its agent in the carrying out of its functions in relation to the administration of the fund. 201 Building permit levy s. 201
S. 216A inserted by No. 18/1998 s. 8. 216A Exemption from functions in relation to certain permits (1) A council may apply to the Minister to exempt its municipal building surveyor from any requirement to consider applications for building permits for building work other than prescribed domestic building work. (2) The Minister may grant the exemption if the Minister is satisfied that sufficient private building surveyors are available to consider those applications for building permits in relation to land in the council's municipal district. (3) If the Minister grants an exemption in respect of a municipal building surveyor, then, despite anything to the contrary in this Act and while the exemption is in force, an application cannot be made to the municipal building surveyor under Part 3 for a building permit for building work other than prescribed domestic building work. (4) The Minister may at any time revoke an exemption given under this section. (5) The Minister must cause notice of any exemption or revocation under this section to be published in the Government Gazette. S. 216B inserted by No. 68/2001 s. 11, amended by No. 36/2008 s. 13 (ILA s. 39B(1)). 216B Delegation by municipal building surveyor s. 216A (1) The municipal building surveyor of a council may, by instrument, delegate any of his or her functions under this Act or the regulations, except this power of delegation, to any person employed or engaged by the council who is registered as a building surveyor (unlimited) under Part 11. S. 216B(2) inserted by No. 36/2008 s. 13(2). (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
class of specialised plumbing work means a class of specialised plumbing work specified by the regulations or in a declaration under section 221ZZZU; S. 221B(1) def. of Commission inserted by No. 75/1998 s. 5(a)(ii). Commission means the Plumbing Industry Commission established by section 221ZZR; compliance auditor means a person appointed as a compliance auditor under section 221ZZY; compliance certificate means a certificate referred to in section 221ZH; emergency plumbing order means an order issued under section 221ZZF; S. 221B(1) def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 2). * * * * * s. 221B S. 221B(1) def. of licensed plumber amended by No. 75/1998 s. 5(a)(iii). licensed plumber means a person who is licensed by the Plumbing Industry Commission under section 221M or 221Q to carry out a particular class or type of plumbing work and includes a person who is temporarily licensed to carry out that work under section 221W, but does not include a person whose licence is suspended;
S. 221B(1) def. of plumbing apprentice amended by Nos 80/1997 s. 55(Sch. 1 item 1), 24/2006 s. 6.1.2(Sch. 7 item 2.1). plumbing apprentice means an apprentice within the meaning of the Education and Training Reform Act 2006 in a plumbing trade; S. 221B(1) def. of Plumbing Code of Australia inserted by No. 31/2007 s. 3, substituted by No. 5/2011 s. 6. Plumbing Code of Australia means the Plumbing Code of Australia set out in Volume Three of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in Appendix A of that Volume; plumbing inspector means a person appointed as a plumbing inspector under section 221ZZY; S. 221B(1) def. of plumbing laws amended by Nos 99/1997 s. 121(1), 17/2012 s. 83(a). plumbing laws means any provision in any of the following that regulates the carrying out of plumbing work— (a) this Part; and (b) the Gas Safety Act 1997; and (c) the Water Act 1989; and (d) any regulations made under this Part or any Act listed in paragraph (b) or (c); plumbing notice means a notice issued under section 221ZY; plumbing order means an order issued under section 221ZZB; s. 221B rectification notice means a notice issued under section 221ZW;
(a) a sheetmetal worker, first class may carry out sheetmetal work in connection with the manufacture, installation, maintenance or repair of ventilation or air conditioning plant or equipment; (b) a metal worker may carry out pipework in connection with the fabrication, installation, maintenance or repair of industrial pipework; S. 221D(5)(c) repealed by No. 75/1998 s. 8(a). * * * * * S. 221D(5)(d) substituted by No. 75/1998 s. 8(b). (d) an apprentice may carry out any work referred to in paragraph (a) or (b) under the supervision of a person referred to in that paragraph; S. 221D(5)(e) amended by No. 36/2008 s. 16. (e) a plumbing apprentice acting under the supervision of a licensed plumber may carry out plumbing work— without being licensed or registered by the Commission. S. 221E (Heading) inserted by No. 31/2007 s. 4(1). S. 221E inserted by No. 39/1996 s. 5. 221E Restrictions concerning work for which compliance certificate required s. 221E S. 221E(1) amended by No. 33/2010 s. 33. (1) Unless a person is licensed to carry out a particular class or type of plumbing work or specialised plumbing work, he or she must not carry out any work of that class or type for which a compliance certificate is required. 500 penalty units.
section 221M with a statement to the effect that the person is also licensed to carry out that class of specialised plumbing work. S. 221O inserted by No. 39/1996 s. 5. 221O Registration as a plumber s. 221O (1) To be able to be registered to carry out a particular class of plumbing work, a person must either— (a) have the relevant qualifications and experience required by the regulations; or S. 221O(1)(b) amended by No. 75/1998 s. 5(b). (b) satisfy the Commission that he or she has knowledge and competence at least equal to that that a person who has the qualifications and experience required by the regulations would have. S. 221O(2) amended by No. 75/1998 s. 5(b). (2) The Commission must register a person to carry out a particular class of plumbing work if— (a) the person applies for registration in accordance with section 221T; and (b) it is satisfied that the person meets one or other of the requirements listed in subsection (1); and (c) the person pays the registration fee set out in the regulations. S. 221O(3) amended by No. 75/1998 s. 5(b). (3) The Commission may register an eligible person with respect to 2 or more particular classes of plumbing work. S. 221O(4) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(2). (4) The Registrar must give each person who is registered by the Commission a registration document as evidence that the person is registered to carry out a particular class, or particular classes, of plumbing work. S. 221OA inserted by No. 31/2007 s. 7. 221OA Endorsement to carry out specialised plumbing work—registered plumbers
Commission imposes on the registration. S. 221P(2) amended by Nos 75/1998 s. 5(b), 36/2008 s. 16. (2) A person who is provisionally registered must not, unless otherwise exempted by the Commission, do any plumbing work or specialised plumbing work of the class to which the provisional registration applies unless that work is carried out under the supervision of a person who is licensed to carry out work of that class. s. 21P 20 penalty units. S. 221P(3) amended by No. 75/1998 s. 5(b). (3) The Commission may provisionally register an eligible person with respect to 2 or more particular classes of plumbing work or specialised plumbing work. S. 221P(4) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(4). (4) On receiving any provisional registration fee required by the regulations, the Registrar must give each person who is provisionally registered by the Commission a provisional registration document as evidence that the person is provisionally registered to carry out a particular class, or particular classes, of plumbing work or specialised plumbing work. (5) A provisional registration expires 1 year after it is granted, but may be renewed. S. 221Q inserted by No. 39/1996 s. 5. 221Q Restricted licences s. 221Q S. 221Q(1) amended by No. 75/1998 s. 5(b). (1) The Commission may license a person to carry out particular types of work that fall within a class of plumbing work or specialised plumbing work if— (a) the person applies for the licence in accordance with section 221T; and
(b) registration that is to remain in force for less than 3 years— is reduced to take account of the shorter period for which that licensing or registration is to remain in force. S. 221Z(5) amended by No. 75/1998 s. 5(b). (5) Subsections (1), (2) and (3) do not apply if the Commission suspends or cancels a person's licence or registration under this Part. S. 221ZA inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(b). 221ZA Plumbers must notify Commission of changes of address etc. s. 221ZA A licensed or registered plumber must notify the Commission in writing if he or she changes his or her residential or business address or has his or her business telephone number changed, and must do so within 14 days of the change. 5 penalty units. S. 221ZB inserted by No. 39/1996 s. 5. 221ZB Application for renewal of licence or registration as a plumber S. 221ZB(1) amended by No. 75/1998 s. 5(b). (1) A plumber wishing to renew his or her licence or registration must apply to the Commission for the renewal at least 2 months before the licence or registration expires. (2) The application for renewal must— S. 221ZB(2)(a) amended by No. 75/1998 s. 5(b). (a) be in the form required by the Commission; and S. 221ZB(2)(b) amended by No. 75/1998 s. 5(b). (b) contain the information required by the Commission to enable it to decide whether to grant the renewal. S. 221ZB(3) amended by No. 75/1998 s. 5(b). (3) In the case of an application for the renewal of a licence, the person applying must also include written proof to the Commission that he or she
S. 221ZH(6A) inserted by No. 36/2008 s. 21(4). (6A) If a licensed plumber gives a person a signed compliance certificate, but fails to do so within 5 days after the service of a notice under subsection (2A), or fails to comply with subsection (2B)(b), the failure to comply with subsection (2B) does not affect the validity of the certificate. S. 221ZH(7) inserted by No. 96/2004 s. 15. (7) Subsection (6) applies regardless of whether the compliance certificate was given before, on or after the day subsection (6) took effect. S. 221ZI inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 11(2) (ILA s. 39B(1)). 221ZI Details that must appear on a compliance certificate s. 221ZI S. 221ZI(1) amended by No. 33/2010 s. 42. (1) A licensed plumber must not sign a compliance certificate in relation to any plumbing work unless the certificate— (a) describes the work; and S. 221ZI(1)(b) substituted by No. 75/1998 s. 11(1). (b) states— (i) that he or she carried out the work, or that the work was carried out under his or her supervision; or S. 221ZI (1)(b)(ii) amended by No. 36/2008 s. 22. (ii) if he or she completed work that had been started by another licensed plumber and in respect of which a compliance certificate has not been given to the person for whom that work was carried out, that he or she— (A) has inspected or tested the work that was carried out before he or she carried out any work; and
(b) the plumber gives the building practitioner (or an agent of the building practitioner) the compliance certificate in respect of the work. S. 221ZLA(2) amended by No. 96/2004 s. 18, substituted by No. 31/2007 s. 12. (2) The building practitioner must give the compliance certificate to the owner of the premises (or to the owner's agent) within 5 days after the day the building practitioner (or the building practitioner's agent) is given the compliance certificate. 3 penalty units. S. 221ZLB inserted by No. 96/2004 s. 17. 221ZLB Other people must also transfer compliance certificate to owner s. 221ZLA (1) This section applies if— (a) a licensed plumber carries out any plumbing work to which section 221ZH applies for a person other than a building practitioner in or on any premises that the person does not own; and (b) the plumber gives the person (or an agent of the person) the compliance certificate in respect of the work. (2) The person must give the compliance certificate to the owner of the premises (or to the owner's agent) within 5 days after the day the person (or the person's agent) is given the compliance certificate. 3 penalty units. S. 221ZM inserted by No. 39/1996 s. 5. 221ZM Copies of certificates must be kept for 10 years A person must keep for at least 10 years a copy of every compliance certificate signed by him or her. 10 penalty units. S. 221ZN inserted by No. 39/1996 s. 5. 221ZN Provisions concerning the supply of certificate forms
S. 221ZW(11) inserted by No. 99/1997 s. 121(7). (11) If the rectification notice relates to gasfitting work, the inspector or auditor must give a copy of the rectification notice to the relevant gas distribution company. S. 221ZX inserted by No. 39/1996 s. 5. 221ZX Right to apply to VCAT to have a rectification notice cancelled s. 221ZX S. 221ZX(1) amended by No. 28/2000 s. 20(c). (1) A person who has been given a rectification notice may apply to the Victorian Civil and Administrative Tribunal to have the decision to issue the notice reviewed. (2) Such an application must be made within 5 business days of the date the person receives the notice. S. 221ZY inserted by No. 39/1996 s. 5. 221ZY Plumbing notice to owner/occupier to rectify defective plumbing work (1) This section applies if a plumbing inspector is of the opinion that any plumbing work that has been carried out on any land or in any building— (a) contravenes any plumbing laws; or (b) would contravene any plumbing laws if it were to be used; or (c) may be a danger to the life, safety or health of any person or may pose a risk of damage to any property. (2) The plumbing inspector may give the owner or occupier of the land or building a written notice that requires the owner or occupier to show cause within a specified period why he or she should not ensure that the plumbing work is rectified. S. 221ZY(3) amended by No. 75/1998 s. 5(b). (3) The notice must be in the form specified by the Commission.
authorised officer means the holder of a prescribed office or the holder of an office in a prescribed class of officers; prescribed offence means an offence against this Act or the building regulations which is prescribed for the purpose of this Division. 255 Building infringements (1) An authorised officer may serve a building infringement notice on the owner or the occupier of any building or land or any person carrying out building work, if the authorised officer has reason to believe that that person has committed a prescribed offence in respect of the building or land. S. 255(2) substituted by No. 32/2006 s. 94(Sch. item 4(4)). (2) An offence referred to in subsection (1) for which a building infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 255(2A) inserted by No. 32/2006 s. 94(Sch. item 4(4)). (2A) In addition to the details required under section 13 of the Infringements Act 2006, the details of the additional steps (if any) required to expiate the offence must be included in an infringement notice served under subsection (1). (3) The prescribed penalty for a prescribed offence is the amount, not exceeding 10 penalty units, prescribed for that offence for the purposes of this Division. 256 Additional steps s. 256 (1) Additional steps required to expiate a prescribed offence may include, but are not limited to, the following—
Sch. 2 cl. 4(3) inserted by No. 28/2000 s. 17(3). (3) The relevant building surveyor must forward to a reporting authority with the copy of an application, any fees paid to the building surveyor under clause 1(e) in respect of that application and that reporting authority. Sch. 2 cl. 4(4) inserted by No. 66/2004 s. 20(2). (4) A reporting authority may fix fees (not exceeding the maximum fees prescribed for the purposes of this clause) for applications or classes of applications referred to it under this Act or the regulations. Sch. 2 cl. 4(5) inserted by No. 66/2004 s. 20(2). (5) If the reporting authority is a council, the fees must be determined in accordance with the Local Government Act 1989. Sch. 2 cl. 4(6) inserted by No. 66/2004 s. 20(2). (6) A reporting authority other than a council must publish a notice in the Government Gazette of any fees fixed by it under this clause. Sch. 2 cl. 4A inserted by No. 30/2001 s. 7. 4A Reporting authority must have regard to section 188A guidelines in some cases Sch. 2 (1) This clause applies if— (a) a reporting authority is required by this or any other Act or by the regulations to report on, or to consent to, an application for a building permit for a single dwelling, within the meaning of section 188A(4); and (b) the regulations provide that section 188A applies to applications of that kind. (2) In reporting on, or considering whether to consent to, the application, the reporting authority— (a) must have regard to the guidelines for the time being in force under section 188A; and (b) in having regard to those guidelines, if in the opinion of the reporting authority the application may result in a nearby allotment