Victorian Current Acts

BUILDING ACT 1993 - SECT 78

    (1)     Subject to this Part, a person who is entitled to apply for a building permit, occupancy permit or temporary approval under this Act in respect of a building or building work, may appoint a private building surveyor to carry out the functions set out in section 76 in respect of that building or building work.

S. 78(1A) inserted by No. 15/2016 s. 38, amended by No. 21/2017 s. 4(1).

    (1A)     A builder who has entered into a major domestic building contract or who acts or proposes to act as a domestic builder in relation to domestic building work, or a related person to that builder, must not appoint a private building surveyor on behalf of the owner of the land on which the domestic building work is to be carried out.

S. 78(1B) inserted by No. 15/2016 s. 38.

    (1B)     A building surveyor must not accept an appointment referred to in subsection (1A).

S. 78(1C) inserted by No. 15/2016 s. 38.

    (1C)     Nothing in subsection (1A) or (1B) affects the validity of any action taken by a building surveyor who is appointed in contravention of those subsections.

S. 78(2) amended by No. 33/2010 s. 16.

    (2)     Except as provided in this Part, a person must not appoint a private building surveyor to complete any functions set out in section 76 in respect of a building or building work if another private building surveyor or a municipal building surveyor has already commenced to carry out functions set out in that section in respect of that building or building work.

Penalty:     240 penalty units, in the case of a natural person.

1500 penalty units, in the case of a body corporate.

    (3)     Subject to this Part, on and from the acceptance of an appointment under this Part in respect of a building or building work, a private building surveyor is responsible for carrying out the functions set out in section 76 in respect of that building or building work.

    (4)     Despite the terms of an appointment under this section, a private building surveyor, in carrying out any functions set out in section 76, must comply with this Act and the regulations.

S. 78(5) inserted by No. 21/2017 s. 4(2).

    (5)     In this section—

"related person", in relation to a builder, means—

        (a)     if the builder is a member of a partnership, another partner in the partnership; or

        (b)     if the builder is a body corporate, an officer of the body corporate.

S. 78A inserted by No. 21/2017 s. 28.