Maintain VBA registration as builder / draftsperson / surveyor
VIC building practitioners must hold current registration + appropriate insurance.
Who must comply
Individuals and bodies corporate in Victoria who carry out work prescribed for a category or class of building practitioner, for example builders, building surveyors and building inspectors, and any person carrying out domestic building work under a major domestic building contract. Partners and employees of a registered builder working under that builder's registration are excepted from s 169F.
What triggers it
Carrying out, or undertaking to carry out, work of a kind prescribed for a category or class of building practitioner in Victoria, or domestic building work under a major domestic building contract.
When due
Registration in the correct category and class must be held before the work is carried out or offered, and for a body corporate a nominee director who meets the licensing requirements must be in place before it carries out or undertakes work.
Evidence required
Current registration showing the category and class held; evidence of the prescribed qualification and experience supporting the registration; for a body corporate, nominee director details meeting s 171B; contracts showing domestic building work is done by or under a registered builder; marketing material that accurately states registration.
Max penalty
Carrying out prescribed work while unregistered (s 169D), carrying out domestic building work under a major domestic building contract while unregistered (s 169F) and falsely representing registration (s 169) each carry up to 500 penalty units for a natural person and 2,500 penalty units for a body corporate; a body corporate working without a nominee director faces up to 2,500 penalty units (s 169G) (Building Act 1993 (Vic), authorised version 152)
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Part 11 of the Building Act 1993 (Vic) requires building practitioners to be registered by the Victorian Building Authority (the Authority under the Act) in the category and class that authorises the work they do. A person must not carry out work of a kind prescribed for a category or class of building practitioner (other than a builder) unless registered in that category or class (s 169D), and must not carry out domestic building work under a major domestic building contract unless a registered builder or licensed building employee (s 169F). It is also an offence to represent or imply registration in a category or class one does not hold (s 169). The Authority registers an applicant who holds the prescribed qualification and experience and meets the other requirements of s 171. A body corporate registered as a building practitioner must have at least one nominee director who meets s 171B before it carries out or undertakes work (s 169G).
Enforced by
Source legislation
Industries
Topics
Related
- VICRegister for VIC portable LSL (construction)Construction industry employers in VIC must register with CoINVEST and pay quarterly LSL levies.
- QLDHold current QBCC licence for QLD building workQLD building work > $3,300 requires QBCC licensing + minimum financial requirements.
- NSWComply with NSW Design and Building Practitioners Act 2020Designers + builders of Class 2-9 buildings in NSW must register + lodge declarations.
- VICNotify VIC WorkSafe of notifiable WHS incidentsDeath, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.
- VICPCBU primary duty of care (Victoria OHS Act s 21)Victorian employers must so far as reasonably practicable provide and maintain a safe working environment.
- VICVIC Environment Reference Standards (air, water, noise)Vic EPA assesses environmental performance against Environment Reference Standards.
Reading
Frequently asked questions
- Who must comply with VBA registration as builder / draftsperson / surveyor?
- Individuals and bodies corporate in Victoria who carry out work prescribed for a category or class of building practitioner, for example builders, building surveyors and building inspectors, and any person carrying out domestic building work under a major domestic building contract. Partners and employees of a registered builder working under that builder's registration are excepted from s 169F.
- What triggers VBA registration as builder / draftsperson / surveyor?
- Carrying out, or undertaking to carry out, work of a kind prescribed for a category or class of building practitioner in Victoria, or domestic building work under a major domestic building contract.
- When is VBA registration as builder / draftsperson / surveyor due?
- Registration in the correct category and class must be held before the work is carried out or offered, and for a body corporate a nominee director who meets the licensing requirements must be in place before it carries out or undertakes work.
- What is the maximum penalty for VBA registration as builder / draftsperson / surveyor?
- Carrying out prescribed work while unregistered (s 169D), carrying out domestic building work under a major domestic building contract while unregistered (s 169F) and falsely representing registration (s 169) each carry up to 500 penalty units for a natural person and 2,500 penalty units for a body corporate; a body corporate working without a nominee director faces up to 2,500 penalty units (s 169G) (Building Act 1993 (Vic), authorised version 152)
- What evidence is required for VBA registration as builder / draftsperson / surveyor?
- Current registration showing the category and class held; evidence of the prescribed qualification and experience supporting the registration; for a body corporate, nominee director details meeting s 171B; contracts showing domestic building work is done by or under a registered builder; marketing material that accurately states registration.
Source: https://www.legislation.vic.gov.au/in-force/acts/building-act-1993. Rules Mate is not a law firm. Always verify against the live regulator source before acting.