Whitehorse City Council

Enforcement of the Regulations

Building Notices

A building notice is the first step in the enforcement process. Your Building Surveyor will issue a written notice requesting the owner to ‘show cause’ why certain actions should not be carried out. For example, where your Building Surveyor considers a neighbouring property may be at risk, a building notice may be issued to show cause why protection work should not be carried out. The owner can then respond by complying with the notice or show cause why the suggested work should not be carried out. 


Building Orders

Building Order for Minor Work

A building order for minor work may be issued by a building surveyor without first issuing a building notice. For example, a minor work order may be issued instructing the builder to replace some faulty materials, fill gaps in a tiled area or fix a door on a wardrobe.

Building Orders

Where an owner or a builder does not follow the direction provided by your Building Surveyor or does not respond to a building notice, your Building Surveyor may issue a building order. This is the second step in the enforcement process. A building order is a direction to carry out work to ensure a project complies with the Building Regulations.

Building Order to Stop Work

Where a building surveyor has reason to believe a building is not compliant with the Building Regulations, and this cannot be rectified through the issue of a building notice or order, a Building Order to stop work may be issued. For example, your Building Surveyor may be advised that a building project is proceeding without a permit and he or she would then issue a stop work order. Failing to comply with a stop work order may result in prosecution.

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It is possible to appeal against the issuing of a building notice or building order. appeals.html are made to the Building appeals.html Board and you can appear before the Board to present your case. The decision of the Building appeals.html Board is final and binding.


Prosecution

Where an owner fails to comply with a building order issued by a private building surveyor, the matter must be referred to the Building Commission within 14 days. The owner may then be subject to prosecution.
Where an owner fails to comply with a building order issued by a municipal building surveyor, the municipal building surveyor is empowered to initiate the prosecution. This means that the matter does not have to be referred to the Building Commission.

A Municipal Building Surveyor also has the power to intervene on any project in the municipality, even if a private Building Surveyor is appointed for that project. This may happen where, for example, the municipal building surveyor is advised of a serious breach of the regulations on a project.

Where a builder refuses to fix defective work, the Building Commission may refer the builder to the Building Practitioners Board for disciplinary action.


Building Advice and Conciliation Victoria

Building Advice and Conciliation Victoria (BACV) is a service established by the Victorian Government to provide free advice and assistance to resolve domestic building disputes. The service is a joint initiative of the Building Commission and Consumer Affairs Victoria.

BACV provides individual advice, conciliation and technical inspections of building work with a view to preventing or resolving disputes between homeowners and domestic builders.

If you have any concerns about your building project, it is a good idea to contact BACV earlier rather than later, as issues are simpler to resolve before they are compounded by further work.

To initiate the process with BACV, you need to complete a complaint form. These are available from Consumer Affairs Victoria.


Domestic Building Inspections

If you believe that some of the building work on your project is defective, you can apply to the Building Commission for an independent inspection.

An inspector will come and have a look at the project and prepare a written report for the builder making recommendations for any corrective action. The inspector cannot direct the builder to rectify any work on the project but if the builder fails to follow the recommendations, he or she may be referred to the Building Practitioners Board for disciplinary action. The owner can also initiate a hearing at the Building Practitioners Board.

Applications for an inspection need to be made on a form available from the Building Commission. There is a fee for the service and there may be additional expenses if specialist investigations are required.


Making a Complaint About a Building Practitioner 

Building practitioners include registered and unregistered builders, private and municipal building surveyors, demolition contractors and some other specialist contractors.

Anyone involved in a building project can make a complaint to the Building Practitioners Board or the Building Commission about the conduct of a building practitioner. The Board and the Commission take all complaints seriously. The Board or Commission will assess your complaint and determine if a formal investigation is necessary. Sometimes the complaint will be referred to another government body. This is because different government departments are responsible for different types of issues. The Board or Commission will let you know if it is referring your complaint elsewhere.

To make a complaint about a registered practitioner’s professional conduct, you must write to the Building Practitioners Board and/or the Building Commission setting out the reasons for your complaint.


Victorian Civil and Administrative Tribunal 

There is also an avenue of appeal to the Victorian Civil and Administrative Tribunal (VCAT). It is recommended that you first attempt to resolve issues through BACV, as this has been specifically established to provide quick and easy access to dispute resolution services.

The dispute can be heard by the Domestic Building List at VCAT, which will try to resolve the dispute and can order that defective work be rectified, terms of a contract are varied, or that compensation is paid.

Where disputes are for sums of less than $10,000, they will be heard through the Civil Claims List at VCAT. There is an application fee and application forms can be obtained from VCAT.