Who must maintain VBA registration as builder / draftsperson / surveyor?

VIC building practitioners must hold current registration + appropriate insurance.

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).

Applies when the business has industry: Construction (residential & commercial).

How the regulator frames it: 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.

Jurisdiction: Victoria law only. A business with no operations in VIC is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).

Structure does not change the answer in construction (residential & commercial): for every structure the answer is "yes".

Size does not change the answer in construction (residential & commercial): at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: applies. Industry: Construction (residential & commercial)
• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Construction (residential & commercial)

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.

Frequency

Annual

Evidence to keep

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.

Status

Current

Priority

Critical

Maximum 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)

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:

• Hold a Construction Induction (White Card) before construction site work: applies to 100% of the same businesses (35.0× the overall rate)
• Building work — comply with National Construction Code (NCC): applies to 100% of the same businesses (35.0× the overall rate)
• Hold current QBCC licence for QLD building work: applies to 100% of the same businesses (35.0× the overall rate)
• Register for VIC portable LSL (construction): applies to 83% of the same businesses (35.0× the overall rate)
• Asbestos management — workplace + dwelling rules (state): applies to 100% of the same businesses (17.5× the overall rate)
• Hold a High Risk Work Licence for HRWL classes: applies to 100% of the same businesses (17.5× the overall rate)

Rules Mate tracks 3 published obligations tagged "building", 3 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is a annual obligation.

Regulated by Victorian Building Authority.

VBA: Vic building regulator — registration, audits, enforcement.

• Victorian Building Authority

Free tools that help with this obligation:

• Compliance calendar builder