Since 1 July 1994, owners and builders have been able to choose whether they appoint a private building surveyor or municipal building surveyor to issue a building permit. Changes to Section 78 of the Building Act 1993 occurred on 1 September 2016 which relate specifically to the appointment of private building surveyors.
The change relates to domestic work only with the main driver being consumer protection.
The new provision now means that owners or a formally appointed agent of the owner will be required to appoint the private building surveyor whereas previously the builder could appoint the private building surveyor directly. Under the new provisions, the Victorian Building Authority (VBA) fact sheet notes that the formally appointed agent of the owner cannot be the builder.
The fact sheet goes on to say the change (to the appointment provisions) does not prohibit a builder from recommending a private building surveyor to an owner.
Transitional arrangements will be made for any contracts entered into prior to 1 September 2016. I expect by now most builders are well and truly across these new changes.
Role of the building surveyor
What is the role of a building surveyor?
Most reading this will have a pretty good understanding of what the role of a building surveyor, however occasionally I have experienced there is still some misunderstanding.
It is important to note, the role of a building surveyor is not that of a supervisor of the works, as he or she is not on site at all times during construction. Your building surveyor has a statutory role where appointed under the Building Act to issue building permits, carry out mandatory inspections during the construction phase and issue an occupancy permit upon completion.
Over the journey of the design and construction of your dwelling, your building surveyor will assess the plans for compliance with the relevant regulations codes and standards, issue a building permit where appropriate and inspect works at three minimum mandatory inspection phases namely footings, framework and final. Other inspection phases however may be requested and agreed upon by the owner and or builder.
From my 30 years’ experience in the building surveying profession, the key to a successful project outcome is all parties working together and clear lines of communication. Pretty simple, “if in doubt, ask”.
The VBA website has some further useful information for consumers which can be found at www.vba.vic.gov.au
(The writer is a MAIBS Registered Building Surveyor)
