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BUILDING ACT 1993 - SECT 25B

Restrictions on owner-builder

S. 25B(1) amended by No. 15/2016 s. 27(1).

    (1)     An owner of land or a building must not carry out domestic building work as builder on that land or in respect of that building if the cost of the work (estimated under Subdivision 4 of Division 2 of Part 12) is more than the prescribed amount unless the owner

        (a)     has been issued with a certificate of consent for the work; or

S. 25B(1)(b) substituted by No. 15/2016 s. 28(1), amended by No. 46/2018 s. 6(1), substituted by No. 40/2021 s. 9(1).

        (b)     is a builder whose registration under Part 11 authorises the carrying out of that work, other than a provisionally registered builder subcontractor or a registered builder subcontractor; or

        (c)     is an architect who is registered under the Architects Act 1991 ; or

S. 25B(1)(d) amended by No. 40/2022 s. 50.

        (d)     is Homes Victoria (within the meaning of section 4(1) of the Housing Act 1983 ); or

        (e)     is carrying out the work in accordance with an emergency order, a building notice or a building order made under Part 8.

Penalty:     120 penalty units.

S. 25B(1A) inserted by No. 15/2016 s. 28(2), amended by Nos 46/2018 s. 6(2), 40/2021 s. 9(2).

    (1A)     An owner of land or a building who is required under this section to be issued with a certificate of consent to carry out domestic building work as builder must not enter into a major domestic building contract with another person to carry out the work or any part of the work unless the person is registered, other than provisionally registered or as a builder subcontractor, as a builder under Part 11 and the registration authorises the person to carry out that work.

Penalty:     60 penalty units, in the case of a first offence.

120 penalty units, in the case of a second or subsequent offence.

S. 25B(1B) inserted by No. 15/2016 s. 28(2).

    (1B)     Subsection (1A) does not apply to an owner of land or a building if the owner took reasonable steps to ensure that the person carrying out the building work is registered as a builder under Part 11 and that the registration authorises the person to carry out that work.

S. 25B(2) inserted by No. 15/2016 s. 27(2).

    (2)     In this section—

"prescribed amount" means—

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

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

Pt 3 Div. 3AA (Heading and ss 25BA 25BF) inserted by No. 21/2017 s. 63.

Division 3AA—Issue of building permit number by the Authority

S. 25BA inserted by No. 21/2017 s. 63.



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