Victorian Current Acts

BUILDING ACT 1993 - SECT 205I

    (1)     If an application is for a building permit other than a staged permit—

        (a)     the relevant building surveyor must—

              (i)     estimate the cost of the building work (including the cost of labour and materials) for which the building permit is sought, having regard to the information given under section 205H(1)(a) or (b); and

              (ii)     without delay, give the Authority and the applicant written notice of the estimate; and

        (b)     the Authority must—

              (i)     calculate the amount of building permit levy payable; and

              (ii)     give the applicant written notice of the amount calculated under subparagraph (i).

    (2)     If an application is for a staged permit—

        (a)     the relevant building surveyor must—

              (i)     estimate the cost of the whole of the building work (including the cost of labour and materials), having regard to the information given under section 205H(1A)(a) or (b); and

              (ii)     estimate the cost of the stage of the building work (including the cost of labour and materials) for which the permit is sought, having regard to the information given under section 205H(1)(a) or (b); and

              (iii)     without delay, give the Authority and the applicant written notice of the matters specified in subsection (3); and

        (b)     the Authority must—

              (i)     determine the applicable rate of the building permit levy under section 205G(2C); and

              (ii)     calculate the amount of building permit levy payable under section 205G in relation to the cost of the stage of the building work for which the permit is sought; and

              (iii)     give the applicant written notice of the rate determined under subparagraph (i) and the amount calculated under subparagraph (ii).

Notes

1     The building permit levy is imposed under section 205G. The amount of building permit levy payable in relation to a building permit is the sum of amounts payable under section 205G(1), (2) and (2A).

2     The imposition and rate of building permit levy under section 205G(2A) in relation to staged permits will depend on the cost of the whole of the building work—see section 205G(2C).

    (3)     For the purposes of subsection (2)(a)(iii), the matters are—

        (a)     the estimates referred to in subsection (2)(a)(i) and (ii); and

        (b)     whether the application is for the final stage of the building work.

S. 205I(4) inserted by No. 31/2020 s. 57D.

    (4)     In addition to subsections (1) and (2), for the purposes of the building permit levy payable under section 205G(2A), if an application is for a building permit in respect of which the building work relates to more than one class of building, and those classes of building include one or more class of building referred to in section 205G(2A) and a class 1, 9 or 10 building—

        (a)     the relevant building surveyor must—

              (i)     estimate the cost of the building work (including the cost of labour and material) that relates to the class or classes of building referred to in section 205G(2A) and for which the building permit is sought, having regard to the information given under section 205H(1AA); and

              (ii)     estimate the cost of the building work (including the cost of labour and material) that relates to the class 1, 9 or 10 building and for which the building permit is sought, having regard to the information given under section 205H(1AA) ; and

        (b)     the Authority must—

              (i)     calculate the amount of building permit levy payable under section 205G(2A) in respect of building work that relates to the class or classes of building referred to in section 205G(2A); and

              (ii)     give the applicant written notice of the amount calculated under subparagraph (i).

S. 205J inserted by No. 34/2013 s. 4, substituted by No. 21/2017 s. 69.