Victorian Numbered Acts

BUILDING LEGISLATION AMENDMENT (CONSUMER PROTECTION) ACT 2016 (NO. 15 OF 2016) - SECT 44

For section 16 of the Building Act 1993 substitute —

        "     16     Offences relating to carrying out building work

    (1)     A person must not carry out building work unless a building permit in relation to the work has been issued and is in force under this Act.

Penalty:     500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

    (2)     A person must not carry out building work unless the work is carried out in accordance with this Act, the building regulations and the building permit issued in relation to that work.

Penalty:     500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

    (3)     An owner of land must not permit building work to be carried out on that land unless—

        (a)     a building permit in relation to the work has been issued and is in force under this Act; and

        (b)     the work is carried out in accordance with this Act, the building regulations and the building permit issued in relation to that work.

Penalty:     500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

    (4)     A building practitioner or an architect who is engaged to carry out building work must ensure that—

        (a)     a building permit in relation to the work has been issued and is in force under this Act; and

        (b)     the work is carried out in accordance with this Act, the building regulations and the building permit issued in relation to that work.

Penalty:     500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate.

    (5)     Subsection (3) does not apply to an owner if the owner has engaged a building practitioner or architect to carry out the building work on that land.

    (6)     Subsections (1), (2), (3) and (4) do not apply if the building work is exempted by or under this Act or the regulations.".