Victorian Current Acts

BUILDING ACT 1993 - SECT 24A

    (1)     The relevant building surveyor must not issue a building permit in relation to building work unless the relevant building surveyor is satisfied that—

S. 24(1)(a) amended by No. 40/2021 s. 5(1).

        (a)     the building work is to be carried out by a person who is specified under section 24B as the builder for that work; and

S. 24(1)(b) substituted by No. 40/2021 s. 5(2).

        (b)     the person is named in the building permit as the builder; and

        (c)     in the case of building work carried out under a major domestic building contract—

S. 24A(1)(c)(i) substituted by No 3/2020 s. 23.

              (i)     if the cost of the building work exceeds the prescribed amount—

    (A)     if the builder is not a member of a partnership, the name of the person who is named as the builder in the contract is identical to the name of the person specified as the builder in a certificate of insurance; or

    (B)     if the builder is a member of a partnership, the name of the builder and the name of the partnership specified in the contract is identical to the name of the builder and the name of the partnership specified in a certificate of insurance; and

              (ii)     the major domestic building contract was entered into by a person entitled to do so under section 29 of the Domestic Building Contracts Act 1995 ; and

        (d)     in the case of a builder who is a body corporate, there is specified in the building permit the name of a natural person on whom directions, notices and orders under this Act directed to the body corporate can be served.

    (2)     The regulations may specify the manner in which the relevant building surveyor may be satisfied on the matters in subsection (1)(c)(i).

    (3)     In subsection (1)(c)(i)—

"prescribed amount" means—

        (a)     the amount prescribed by the regulations (if any); or

        (b)     if an amount is not prescribed, $16 000.

S. 24A(4) inserted by No. 3/2020 s. 23(2).

    (4)     In this section—

"certificate of insurance" means a certificate of insurance from the insurer providing the required insurance in relation to the building work.

S. 24B inserted by No. 21/2017 s 22.