Building Act 1993 (Vic)
Version No. 144
Building Act 1993
No. 126 of 1993
Version incorporating amendments as at
14 November 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions and interpretation
4Objectives of Act
5Application to Crown and public authorities
Part 2—Building standards
7Building regulations
8Local laws
9Incorporation by reference
9ARegulatory impact statement not required for certain amendments
10Application of new building regulations or binding determinations to building work
11Effect of planning schemes
12Revocation of other regulations relating to building
13Effect on local laws
14Accreditation of building products
14BAuthority to keep register of accredited building products
15Building surveyor must not refuse to approve building work on certain grounds
15ABuilding regulations with respect to swimming pools
15BMaintenance of exits
Part 3—Building permits
Division 1—Building permit required
16Offences relating to carrying out building work
16AException if permit suspended
16BIndictable offences relating to carrying out building work
Division 2—Applications for building permits
17Applications for building permits
17ARelevant building surveyor must give owner of land or building an information statement
18Schedule 2 to apply
18AARelevant building surveyor must apply for building permit number for building permit
18ANotice to Development Victoria of application
18BNotice to Commissioner of State Revenue of application
18CFurther notice to Commissioner of State Revenue
18DNotice to Secretary to Department of application
Division 3—Decisions on building permits and other matters
19Decision on application for building permit
20Types of permit
21Requirement for occupancy permit
22Guarantees and bonds
23Reporting authority to be notified of permit
23AOffences relating to the issue of a building permit
24Refusal of building permit
24AFurther limitations on the issue of building permits
24BSpecification of builders in relation to specific building work
25Reasons for refusal to be given
25AAA person may notify relevant building surveyor if becomes owner of land subject to building permit
25ANotice of ending of engagement of builder
25ABNotice to relevant building surveyor of subsequent engagement of builder
25ACChange of builder on building permit
25ADRelevant building surveyor to notify Authority and relevant council of certain information
25AESuspension of building permit
25BRestrictions on owner-builder
Division 3AA—Issue of building permit number by the Authority
25BAIssue of building permit number
25BBAuthority may refuse to issue building permit number
25BCAuthority must decide to issue building permit number within prescribed period
25BDAuthority must notify applicant of refusal to issue building permit number
25BEAuthority must notify council of issue of building permit number
25BFReview by VCAT of refusal to issue building permit number
Division 3A—Certificates of consent for owner‑builders
25CApplication for owner-builder certificate of consent
25DFurther particulars
25EDecision on application for certificate of consent
25FApplications in relation to land owned by related bodies
25GCertificate of consent
25HRegister of certificates
25JReview by VCAT
Division 4—Special provisions
26Prescribed places of public entertainment
28Historic buildings and special buildings
29Subdivision
29AApplication for building permit for demolition
29BSuspension of demolition permit pending amendment of planning scheme
Division 5—Register and records
30Relevant building surveyor to give copies of permits and documents to council
30AAuthority may approve checklist of documents to be certified
30BRelevant building surveyor must certify that documents given to council
31Register of building permits
32Keeping of records
32ACouncil to notify Development Victoria of issue of building permit
Part 4—Inspection of building work
Division 1—Inspections
33Notification during building work
34Inspections at mandatory notification stages
35Inspection of building work—general powers
35ARecord of inspection of building work
35BPersons carrying out inspections must be registered practitioners or prescribed persons
Division 2—Directions to fix building work
37Definitions
37ADirection by relevant building surveyor to fix building work
37BDirection by authorised person to fix building work
37CMethod of giving directions
37DWritten direction if oral direction not complied with
37ERequirements of directions to fix building work
37FWritten directions to fix building work
37GExtension of time to comply with direction
37HOffences relating to compliance with direction
37HAOperation of direction may be stayed
37IDirection may be revoked
37JRelevant building surveyor or authorised person must give copies of directions and other notices to owner
37KNotice to owner and Authority of non‑compliance with direction
Division 3—Certificates of final inspection
38Certificate of final inspection
Part 5—Occupation of buildings and places of public entertainment
Division 1—Occupancy permits (building work)
39Occupancy permit must be obtained
40Occupation must be in accordance with permit
41Applications for occupancy permits
41ARequirement to provide a draft building manual with an application for an occupancy permit
41BApproval of building manual
42Schedule 2 to apply
43Decision on application for occupancy permit
44Refusal of occupancy permit
44AApplicant for occupancy permit must give approved building manual to owners corporation
44BOwners corporation must update an approved building manual
44COwner of building must update an approved building manual
44DOffence to include false or misleading information in a building manual
45Form of occupancy permit
46Effect of occupancy permit
47Reporting authority to be notified of occupancy permit
48Reasons for refusal to be given
Division 2—Occupancy permits (places of public entertainment)
49Public entertainment not to be conducted at place without occupancy permit
50Place not to be used for public entertainment without occupancy permit
51Use of place of public entertainment must be in accordance with permit
52Use of prescribed temporary structure must be in accordance with permit
53Applications for occupancy permits
54Schedule 2 to apply
55Refusal of occupancy permit
56Decision on application for occupancy permit
57Prescribed temporary structures—special provisions
58Effect of occupancy permit
59Form of occupancy permit
60Reporting authority to be notified of occupancy permit
61Owner to notify others of occupancy permit
62Reasons for refusal to be given
63Inspection of places of public entertainment
Division 3—Temporary occupation of buildings
64Temporary occupation of buildings
65Who may apply for approval?
66Form of application
67Determination of applications
68Form of approval
69Reasons for refusal to be given
Division 4—Amendment and cancellation of permits and approvals
70Amendment of permit or approval
71Cancellation of permit or approval if fraud or misrepresentation
72Cancellation of occupancy permit on other grounds
Division 5—Register and records
73Relevant building surveyor to give copies of documents to council
74Register of occupancy permits and temporary approvals
75Keeping of records
Part 6—Private building surveyors
Division 1—Appointments of private building surveyors
76Functions of private building surveyor
77Additional functions
78When may a private building surveyor be appointed?
78AOffence to accept appointment of private building surveyor if unregistered
78BPrivate building surveyor prohibited from delegating functions unless authorised
79Circumstances in which private building surveyor may not act
80Private building surveyor to notify council
80ADesignated building surveyors
80BDuties of designated building surveyors
Division 1A—Transfer of functions of private building surveyor
80CA private building surveyor may transfer functions relating to building work to another building surveyor
80DAuthority may direct transfer of functions of employee building surveyor
Division 2—Termination of appointment with consent of Authority
81Termination of appointment
82Directions of Authority
83Effect of transfer of functions
Division 3—Appointment by Authority of manager of business of private building surveyor
Subdivision 1—Preliminary
83ADefinition
Subdivision 2—Appointment of manager
83BAppointment of manager
83CWho may be appointed as a manager?
83DTerms of appointment
83EConditions on appointment of manager
83FNotice of appointment
83GEffect of service of notice of appointment
Subdivision 3—Management of business
83HPowers of manager
83IPowers of entry etc.
83JActs of manager taken to be acts of private building surveyor
83KProtection from liability
83LPayment of expenses of management
83MBusiness accounts
83NRecords and accounts of business under management
83OReports by manager
83PDeceased estates
Subdivision 4—Termination of appointment
83QTermination of manager's appointment
Subdivision 5—Applications to VCAT
83RReview of decision to appoint manager
83SDirections of VCAT
Subdivision 6—General
83TConfidentiality
83UOffence to obstruct manager
83VOwner may recover money paid to private building surveyor
Part 7—Protection of adjoining property
84Notice of building work to be given
84AOwner must make reasonable inquiries to find name and address of adjoining owner
84BCouncil may disclose name and address of owner of adjoining property
85Adjoining owner must respond to notice
86Effect of agreement
87Effect of disagreement or request for further information
88Work not to be carried out until protection requirements met
89Emergency procedures
90Absent or incapable owners
91Appointment of agent for adjoining owner
92Adjoining owner may inspect plans
93Owner to arrange insurance cover
94Survey of adjoining property
95Entry on adjoining property
96Adjoining owner and adjoining occupier not to obstruct owner
97Expenses of adjoining owner
98Compensation
99Liability not affected
100Saving for easements
101Lodgment of plans after completion of protection work
Part 8—Enforcement of safety and building standards
Division 1—Emergency orders
102Emergency orders
103Orders to vacate
104Orders to owners, occupiers or builders
105Form and service of emergency order
105ADuration of order
105BCancellation of emergency order
Division 2—Building notices and building orders
106Building notices
107Actions by private building surveyors
108Contents and form of building notice
109Representations by owner
110Cancellation of building notice
111Building orders—general
112Building orders to stop building work
113Building orders—minor work or action
114Form and service of building order
115Failure to comply with order by private building surveyor
116Amendment or cancellation of certain building orders
117Duration of order
Division 3—General
118Contravention of emergency order or building order
118ABuilding notices and building orders to be last resort
119Building permit not required
120Completion of work required by emergency order or building order
121Work may be carried out by municipal building surveyor
122Minister may authorise action where immediate danger
123Recovery of costs
124Police assistance
125Relevant building surveyor to notify council
126Register of orders
Part 9—Liability
Division 1—Immunity
127Immunity for Commissioners and staff
127AAImmunity for Building Monitor and acting Building Monitor
127AImmunity for members of public authorities and staff
128Immunity for building surveyor relying on certificate
128AImmunity for building surveyor in relation to approving a draft building manual
Division 2—Limitation of actions
129Definitions
130Division not to affect certain matters
134Limitation on time when building action may be brought
134ALimitation on time when plumbing action may be brought
Division 3—Insurance
135Order requiring insurance
136Offence to work as building practitioner or engineer without required insurance
137Offence to claim to be insured when uninsured
137AAInsurance for domestic building work to be provided by designated insurers
137AInsurance for domestic building work
137BOffence for owner-builder to sell building without report or insurance
137CWarranties for purposes of homes under section 137B
137DInsurance requirements for the purposes of homes under section 137B
137EInsurance requirements for home sold before completion
Division 4—Cladding rectification subrogation
137FSubrogation
137GRepayment of financial assistance
Part 10—The Building Appeals Board and its jurisdiction
Division 1—Rights of appeal
138Building and occupancy permits
138ADirections to fix building work
139Temporary occupation of buildings
140Private building surveyors
141Protection work
142Building notices and orders
144Appeals—Building regulations
144AAppeals—Building and Construction Industry Security of Payment Act 2002
Division 2—Appeals
145Division additional to other powers
146Effect of decisions under appeal
147Fast track appeals
148Nature of an appeal
149What action can be taken on appeal?
Division 3—Disputes
150Disputes about inspections
151Emergency protection work
152Insurance
153Surveys of adjoining property
154Cost of supervising protection work
155Other disputes between owners and adjoining owners
156Disputes about the building permit levy
157Application and effect of building regulations
158Party walls
Division 4—Other proceedings
159Compensation—protection work
160Modification of building regulations
160AApplication for determination in respect of building design
160BApplication for modification of building regulations relating to access for persons with disabilities
Division 5—Powers concerning disputes and other proceedings
161General powers
162Special powers—modification of regulations
163Agreements
164Termination and variation of agreements
165Lodging and recording of agreements
Division 6—The Building Appeals Board
166Establishment and membership of Building Appeals Board
168Register
Part 11—Registration of building practitioners
Division 1—Offences
169Representation in relation to registration
169AACertain registered builders must not act as head builders
169ARepresentation in relation to domestic building work
169BRepresentation in relation to work as a building surveyor
169CRepresentation in relation to work as a building inspector
169DOffence to carry out work as a building practitioner unless registered
169EAOffence to carry out certain types of building work unless registered or licensed
169EBAuthority may grant exemption from offence against section 169EA(1)
169FOffence to carry out domestic building work under a major domestic building contract
169FAOffence to engage an unregistered subcontractor
169FBOffence to direct or require a person to carry out certain building work
169GBuilding practitioner body corporate must have at least one nominee director
169HAdvertisements or written statements by registered building practitioners
169IAdvertisements or written statements by partnerships
169JException for certain organisations
169KOffences for unregistered engineers
Division 1A—Registration
Subdivision 1—Application for registration
170Who may apply for registration?
170AApplication for registration—general
170ABProof of insurance for persons intending to rely on automatic deemed registration
170BAuthority may conduct inquiries and require further information
170CConsent to disclosure of information
170DChange to information in application
Subdivision 2—Registration
171Registration
171AAdditional requirements for registration—bodies corporate—general
171BAdditional requirements for registration—nominee directors
171CAdditional requirements for applicant who is member of partnership
171DPersonal probity requirements
171EFinancial probity requirements
171FExcluded persons
171GIssue of certificate of registration
171GAIssue of registration card
171HConditions on registration
171IPeriod of registration
171JIssue of replacement certificate of registration or registration card
Subdivision 3—Annual fee, proof of insurance and training plan report
172Annual fee, proof of insurance and training plan report
Subdivision 4—Renewal and surrender of registration
173Renewal of registration
173AAuthority may permit late renewals
173BSurrender of registration
Subdivision 5—Nominee directors
174General duty of nominee director
Subdivision 6—Register of Building Practitioners
175AADefinitions
175The Register of Building Practitioners
175ATime for inclusion of information in the Register of Building Practitioners
175ABRegistered building practitioner must give information to the Authority for the Register of Building Practitioners
175BChanges to information on the Register of Building Practitioners
175CAuthority to be advised of nominee director changes
175DPublication of information on Register of Building Practitioners
Subdivision 7—General
176Certificate of registration to be returned to Authority
176ARegistered building practitioner or endorsed building engineer to produce certificate of registration for inspection
Division 2—Codes of conduct for building practitioners
177Authority may approve codes of conduct for building practitioners
177ACode of conduct prepared by Authority or industry
177BCode of conduct must be published
177CCommencement of code of conduct
177DBuilding practitioners must comply with approved code of conduct
Division 3—Disciplinary proceedings and action
Subdivision 1—Preliminary
177EApplication of Division to endorsed building engineers
178Meaning of disciplinary action
178ADivision applies to suspended practitioners
Subdivision 2—Grounds for disciplinary action
179Grounds for disciplinary action
179AConduct of body corporate or partnership to be conduct of building practitioner director or partner
179BMandatory cancellation of registration if practitioner is not a fit and proper person
Subdivision 3—Immediate suspension of registration
180Grounds for immediate suspension
180AImmediate suspension of registration
180BPeriod of suspension
180CPeriod of grace where director dies or resigns or is removed or disqualified
Subdivision 4—Ability to practise
181Ability to practise
181ARevocation of suspension
Subdivision 5—Show cause process
182Show cause notice
182ARepresentations about show cause notice
182BDecision about whether to take disciplinary action
182CEnding show cause process without further action
182DDisciplinary or other action by Authority on giving of undertaking
182ETaking disciplinary action after show cause notice
Subdivision 6—General provisions relating to disciplinary action
183Notice of decisions
183ABuilding practitioner to give notice
183BComplaint privileged
183CConsequences of suspension of registration
183DRevocation of suspension
183EAuthority may recover penalties
Division 4—Review of decisions relating to building practitioners
Subdivision 1—Preliminary
184Definitions
184AApplication of Division to endorsed building engineers
Subdivision 2—Internal review
185Applying for internal review
185AWho may conduct an internal review?
185BInternal review
185CReview decisions
185DNotice of review decision
Subdivision 3—Review by VCAT
186Application for review by VCAT of reviewable decision
187Proceedings and decision
Part 11A—Licensing of building employees
Division 1—Building employee licence
Subdivision 1—Application to be licensed
187ANatural person may apply for a licence
187BApplication to be licensed
187CAuthority may conduct inquiries and require further information
187DConsent to disclosure of information
187EChange to information in application
Subdivision 2—Licensing
187FGrant of licence other than provisional licence
187GGrant of provisional licence
187HConditions of licence
187IPeriod of licence granted under this Part
187JIssue or return of licence certificate
187KIssue of replacement licence certificate
Subdivision 3—Periodic licence fee, statement and training plan report
187LPeriodic licence fee, statement and training plan report
187MSurrender of licence
Subdivision 4—General
187NRegister of Building Employees
187NALicensed building employees must give information to the Authority for the Register of Building Employees
187NBLicensed building employee must notify Authority of changes to information on the Register of Building Employees
187OLicensed building employee to produce licence certificate for inspection
Division 2—Disciplinary proceedings and actions
Subdivision 1—Preliminary
187PMeaning of disciplinary action
187QDivision applies to suspended building employees
Subdivision 2—Grounds for disciplinary action
187RGrounds for disciplinary action
Subdivision 3—Show cause process
187SShow cause notice
187TRepresentations about show cause notice
187UDecision about whether to take disciplinary action
187VEnding show cause process without further action
187WDisciplinary or other action by Authority on giving of undertaking
187XTaking disciplinary action after show cause notice
Subdivision 4—General provisions relating to disciplinary action
187YNotice of decisions
187ZComplaint privileged
187ZAConsequences of suspension of licence
187ZBRevocation of suspension
Division 3—Review of decisions relating to licensed employees
Subdivision 1—Preliminary
187ZCDefinitions
Subdivision 2—Internal review
187ZDApplying for internal review
187ZEPersons who may conduct an internal review
187ZFInternal review
187ZGReview decisions
187ZHNotice of review decision
Subdivision 3—Review by VCAT
187ZIApplication for review by VCAT of reviewable decision
187ZJProceedings and decision
Part 12—Building administration
Division 1—Role of Minister
188Guidelines
188AAMinisterial directions to building surveyors
188ADecision guidelines on design and siting of, and access to and egress from, single
189Delegation of Minister's functions
190Minister may require Authority to act as building surveyor
191Administration and enforcement outside municipal district
192Alpine resorts
192ADesignated bushfire prone areas
192BDeclaration prohibiting use of high risk external wall cladding products
Division 2—Victorian Building Authority
Subdivision 1—Establishment
193Establishment of Authority
194Authority is a body corporate
195Authority accountable to Minister
196Authority to comply with certain directions by gas safety Minister
197Functions of the Authority
198General powers of the Authority
199Delegation by the Authority
Subdivision 2—VBA Board and staff of the Authority
200Victorian Building Authority Board
201Appointment of Commissioners to VBA Board
202Application of Schedule 3
203Chief executive officer
204Authority staff
Subdivision 2A—VBA inspectors
204AAppointment of inspectors
204BVBA inspector's identification
204CProduction of identification
Subdivision 3—Victorian Building Authority Fund
205Establishment and structure
205APayments into Building account
205BPayments out of the Building account
205CPayments into the Plumbing account
205DPayments out of the Plumbing account
205DAPayments into the Cladding Safety Victoria account
205DBPayments out of the Cladding Safety Victoria account
205DBAPayments into the Insurance account
205DBBPayments out of the Insurance account
205EAuthority may invest funds
205FAuthority may engage agent in administering Victorian Building Authority Fund
205FARegulations
Subdivision 4—Building permit levy
205GBuilding permit levy must be paid
205GAApplicant must pay building permit levy
205HBuilding permit application must contain information about cost of building work
205HARelevant building surveyor must refuse permit in certain circumstances
205ICalculation and notification of levy
205JOffence for person not to remit levy to Authority
205KAuthority may recover unpaid levy
205KAAuthority must be notified of increased building costs
Subdivision 4A—Reassessments of levy by the Authority after permit issued
205LAuthority may reassess levy after building permit issued
205LAAuthority must take into account matters in reassessing levy
205LBAuthority to give notice of additional levy to be paid
205LBAAuthority to give notice of refund
205LCAuthority may impose amount of penalty levy
205LDPerson given notice must pay any additional levy and penalty levy
205LEAuthority may recover additional levy assessed by Authority and penalty levy
205LFReview by VCAT
Subdivision 4B—Assessments of levy by the Authority for unauthorised building work
205LGLevy may be payable for work carried out without a permit
205LHAssessment of levy
205LIAuthority may impose amount of penalty levy
205LJAuthority may charge costs of assessing levy
205LKAuthority to give notice of assessment
205LLPerson given notice must pay levy, penalty levy and costs of Authority
205LMAuthority may recover levy assessed by Authority, penalty levy and costs
205LNReview by VCAT
Subdivision 5—Specific powers of Authority relating to building surveyors
205MDirections and recommendations in relation to building surveyors
205NAuthority may act as municipal building surveyor—general
205OEffect of Authority acting as municipal building surveyor
205PAuthority as relevant building surveyor for certain occupancy permits
205QBuilding surveyor not to carry out function
205RMinister's guidelines apply to applications to Authority
Division 3—State Building Surveyor
206Appointment of State Building Surveyor
206AObjectives of the State Building Surveyor
206BFunctions of the State Building Surveyor
206CPowers of the State Building Surveyor
206DDelegation powers of the State Building Surveyor
206EState Building Surveyor may issue binding determinations
Division 3A—Building Monitor
Subdivision 1—Definition in this Division
207Definition
Subdivision 2—Appointment of Building Monitor
208Appointment of Building Monitor
208AVacancy in office of Building Monitor
208BRemoval from office of Building Monitor
208CActing Building Monitor
208DValidity of decisions of Building Monitor
Subdivision 3—Objectives, functions and general powers of Building Monitor
208EObjectives of the Building Monitor
208FFunctions of the Building Monitor
208GGeneral powers of the Building Monitor
208HStaff
208IDelegation
Subdivision 4—Strategic plan
208JBuilding Monitor must implement a strategic plan
Subdivision 5—Information gathering powers of Building Monitor
208KBuilding Monitor may request information or data from certain persons or bodies
208LBuilding Monitor must not publish certain information or data
208MImproper disclosure or use of information or data
Subdivision 6—Establishment of Building Monitor Reference Group
208NMinister may establish a Building Monitor Reference Group
208OReview of Building Monitor Reference Group
Subdivision 7—Building Monitor Issues Report
208PBuilding Monitor Issues Report
Subdivision 8—Review of office of Building Monitor
208QReview of office of Building Monitor
Division 4—The Building Regulations Advisory Committee
209Establishment of Committee
210Membership and procedure
211Functions of Committee
Division 4A—Plumbing Advisory Council
211AEstablishment of Council
211BMembership and procedure
211CFunctions
Division 5—Role of councils
212Council to administer building provisions in its municipal district
213Appointment of municipal building surveyor
214Agreements with councils or the Authority
215Agreement with private building surveyor
216Council to charge commercial rates for work outside municipal district
216AExemption from functions in relation to certain permits
216BDelegation by municipal building surveyor
216CRole of municipal building surveyor outside municipal district
216DRegister of swimming pools
Division 6—The Crown and public authorities
217Application of Act to the Crown and public authorities
219Municipal building surveyor not required to inspect building work
220Guidelines for Crown and public authority buildings
221Authorised building surveyor
Part 12A—Plumbing work
Division 1—Preliminary matters
221APurpose of this Part
221BDefinitions applying to this Part
221CMeaning of plumbing work
Division 2—Restrictions concerning the carrying out of plumbing work
221DPlumbing work only to be carried out by licensed or registered plumbers
221ERestrictions concerning work for which compliance certificate required
221FRestriction concerning specialised plumbing work
221FAPlumbing work must comply with this Part and regulations
221GObligations on licensed plumbers concerning their agents
221HPeople involved in a plumbing business need not be licensed or registered
221HANo entitlement to consideration under contract
221IPerson must not use the title "plumber" or "plumbing practitioner" unless licensed or registered
221JPerson must not use the title "drainer" unless licensed or registered
221KPerson must not use the title "gasfitter" unless licensed or registered
221LExceptions to sections 221I–221K
Division 3—The licensing and registration of plumbers
221MLicensing as a plumber
221NEndorsement to carry out specialised plumbing work
221ORegistration as a plumber
221OAEndorsement to carry out specialised plumbing work—registered plumbers
221PProvisional registration
221QRestricted licences
221RRestricted registration
221SAuthority may refuse to license or register certain persons
221TApplication for licensing or registration as a plumber
221UAuthority may conduct inquiries and require further information
221UAConsent to disclosure of information
221VOffence to give false information
221VAPolice record check on applicant
221WTemporary licence or registration
221XAuthority may impose conditions on licensing or registering person
221YDuplicate licences and registration documents
221ZHow long licensing and registration last
221ZAPlumbers must notify Authority of change of contact details
221ZBApplication for renewal of licence or registration as a plumber
221ZCAuthority may require further information
221ZDRenewal of licence or registration
221ZEAuthority may permit late renewals
221ZFInformation to be given to unsuccessful applicants
221ZFALicence and registration document to be returned to Registrar
221ZFBLicensed plumber to produce licence for inspection
221ZFCRegistered plumber to produce registration document for inspection
Division 3A—Codes of conduct for plumbers
221ZFDAuthority may approve code of conduct for plumbers
221ZFECode of conduct prepared by Authority or industry
221ZFFCode of conduct must be published
221ZFGLicensed and registered plumbers must comply with approved code of conduct
Division 4—Compliance certificates
221ZGThis Division does not apply to complex gasfitting work
221ZHCompliance certificate must be given for most plumbing work
221ZIDetails that must appear on a compliance certificate form
221ZJDetails on certificates must be accurate
221ZKOnly licensed plumbers may sign certificates
221ZKAIssue of certificates by the Authority
221ZLMeaning of the total value of plumbing work
221ZLABuilding practitioner must transfer compliance certificate to owner
221ZLBOther people must also transfer compliance certificate to owner
221ZMCopies of certificates must be kept for 10 years
221ZNProvisions concerning the supply of certificate forms
221ZNAAuthority may extend expiry date of compliance certificate form
221ZNBOffences relating to use of compliance certificates
221ZOFurther obligation for compliance certificates for sanitary drains
Division 5—Provisions applying to particular plumbing work
221ZPSanitary drainage and other work must be made available for inspection before being covered
221ZPAInformation to be provided before work starts
Division 6—Insurance orders
221ZQOrder requiring insurance
221ZROffence to work as plumber without required insurance
221ZSOffence to claim to be insured when uninsured
221ZTFurther provisions concerning required insurance
221ZUSuspension of licence if insurance ceases
221ZVSuspension of licence where failure to comply with insurer's direction
Division 7—Rectification of defective plumbing work
221ZWInspector or auditor may require plumber to rectify faulty work
221ZXRight to apply to VCAT to have a rectification notice cancelled
221ZYPlumbing notice to owner/occupier to rectify defective plumbing work
221ZZOwner/occupier may dispute a plumbing notice
221ZZAInspector may cancel plumbing notice
221ZZBPlumbing order to rectify defective plumbing work
221ZZCOwner/occupier must comply with plumbing order
221ZZDInspector may cancel plumbing order
221ZZERight to apply to the VCAT to have a plumbing order cancelled
221ZZFEmergency plumbing order to rectify dangerous plumbing work
221ZZGOffence to not comply with emergency plumbing order
221ZZHInspector may cancel emergency plumbing order
221ZZIPlumbing notices and orders to be last resort
221ZZJOwner/occupier must report the completion of required work
221ZZKWork may be carried out by Authority or plumbing inspector
221ZZLPolice assistance
Division 8—Interpretation and modification of plumbing regulations
221ZZMMeaning of plumbing regulations
221ZZNAuthority may resolve disputes concerning interpretation of plumbing regulations
221ZZOModification of plumbing regulations
221ZZPMatters Authority must consider before making a modification declaration
221ZZQProcedure applying to hearings under this Part
Division 10—Enforcement
221ZZYEnforcement staff
221ZZZCAdditional powers of plumbing inspectors
221ZZZDCompulsory inspections
Division 10A—Plumbing infringements
221ZZZDADefinitions
221ZZZEPlumbing infringement notices
221ZZZEAAdditional steps required by infringement notice
221ZZZEBProceedings where plumbing infringement notice requiring additional steps is served
Division 11—Inquiries and disciplinary action
221ZZZFInquiry by Authority
221ZZZFAImmediate suspension of registration or licence of plumber
221ZZZGGrounds on which disciplinary action may be taken
221ZZZHProcedure concerning inquiries
221ZZZIHow inquiry to be conducted
221ZZZJDisciplinary powers of Authority
221ZZZKPresumption of suspension for repeated offences concerning compliance notices
221ZZZKAPerson to give notice of cancellation or suspension of licence or registration
221ZZZKBConsequences of suspension of licence or registration
221ZZZLRevocation of cancellation or suspension of licence or registration
221ZZZMAuthority may compensate persons suffering loss from unsatisfactory plumbing work
221ZZZNProcedures of Authority sub-committee conducting inquiry or taking disciplinary action
Division 12—Review of decisions
221ZZZPReview by VCAT
Division 13—Administrative matters
221ZZZRLicensed and registered plumbers must give information to the Authority for the Register of Plumbers
221ZZZSLicensed and registered plumbers must notify Authority of changes to information on the Register of Plumbers
221ZZZTRegister of Plumbers
221ZZZTAPublication of information on Register of Plumbers
221ZZZUMinister may specify work to be specialised plumbing work
221ZZZVRegulations
221ZZZWIncorporation by reference of Plumbing Code of Australia or other document by regulations
Part 13—General enforcement provisions
Division 1—Powers of Minister in relation to councils
222Order of Minister
223Hearing of council
224Effect of failure to comply with order
225Powers of Minister and authorised persons
226Minister may seek administrative order
227Other powers not affected
Division 1B—Inspections of safety and emergency equipment
227EPowers of inspection of chief officer and municipal building surveyor
Division 2—Information gathering and entry powers
Subdivision 1—General
227EADefinition of municipal building surveyor for the purposes of this Division
227EBWarning about giving information that may incriminate a person
Subdivision 2—Powers to require production of information or documents
227FMeaning of authorised person in this Subdivision
227GPower to obtain information or documents
227HDocuments or information may be provided by post
Subdivision 3—Power to require production of information or documents under court order
227IMeaning of authorised person in this Subdivision and interpretation
227JAuthorised person may seek court order
227KInspection of documents under court order
227LNotification of execution of court order
Subdivision 4—Authorised persons
228Authorised persons under this Subdivision
228AAuthorisation of persons as authorised persons
228BAuthorised person's identification
228CProduction of identification
Subdivision 5—Entry powers
228DPower of entry—inspections required or authorised by this Act or regulations
228EEntry for monitoring and other purposes
228FNotice before entry and search under section 228E with consent
228GAcknowledgement of consent to entry and search under section 228E
228HUse or seizure of electronic equipment during search under section 228E
228IEntry of building or land open to the public
228JEntry in emergency
228KEntry with warrant for monitoring buildings or land used for residential purposes
228LForm and content of warrant
228MEntry with search warrant to find evidence of contravention
228NForm and content of search warrants
228OSeizure of things not mentioned in the warrant
228PWarrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device
228QAnnouncement before entry
228RCopy of warrant to be given to occupier
Subdivision 6—Provisions relating to powers under this Division
229Powers of authorised person to require information when exercising power of entry
229AReceipt must be given for any thing seized
229BCertified copies of seized documents
229CRetention and return of seized documents or things
229DMagistrates' Court may extend 3 month period for retention of document or thing
229ETaking samples
229FRefusal or failure to comply with requirement
229GProtection against self-incrimination
229HPolice to assist authorised persons
229IImpersonation of authorised person
229JConfidentiality
Subdivision 7—Complaints and register of entry powers
230Register of exercise of powers of entry
231Complaints to the Authority
232Complaints to a council
233Complaints to Energy Safe Victoria
234Complaints relating to the chief officer
234AInvestigation and report
Division 2A—Remedies
Subdivision 1—Undertakings
234BUndertakings
234CCopy of undertaking
234DRegister of undertakings
Subdivision 2—Injunctions
234DAInterpretation
234EInjunctions
234FConsent injunctions
234GInterim injunctions
234HVariation and discharge of injunctions
234IInjunction may be granted during offence proceedings
234JUndertakings as to damages and costs
Division 3—Evidence and notices
235Evidence of ownership or occupation
236Service of documents—generally
237Service on Boards
238Building surveyor may rely on certificate by other registered building practitioner or endorsed building engineer
239Certificate of Registrar
239ANo proof required
240Appointment of agents
Division 4—Offences and penalties
241Proceedings for offences
241AIneligibility for registration
242Application of penalties
242AOffences by partners
243Offences by bodies corporate
243AConduct by officers, employees or agents of bodies corporate
244Offence to hinder or obstruct
245Offences by or relating to registered building practitioners
246Offence to give false or misleading statements or documents
247Offence relating to disclosure of pecuniary interest
248Offence for agent to act without authority
250Right of owner to carry out required work on occupied building or land
251Occupier or registered mortgagee may carry out work
251AOwners corporation may carry out work
252Vacation of building or land
253Powers of court if requirement of authorised person not complied with
Division 5—Building infringements
254Definitions
255Building infringements
256Additional steps
259Proceedings where building infringement notice requiring additional steps is served
Part 14—General
259AImproper use of information
259ABInformation sharing arrangements
259BAuthority may provide information to the Director of Consumer Affairs Victoria
259BACertificate evidence—decisions of Authority and predecessor bodies
259BBCertificate of Authority
259CAuthority may disclose cooling tower information
260Supreme Court—limitation of jurisdiction
261General regulation-making powers
262Additional regulation-making powers
263Transitional provisions
264Transitional provisions relating to the Building (Plumbing) Act 1998
265Transitional—Effect of change to Commission's name
267Transitional—proportionate liability
269Transitional—owner-builders
270Transitional—building surveyors
271Transitionals—Building Amendment Act 2012
272Transitional and savings provisions—Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013
272ASchedule 9—House Contracts Guarantee Repeal Act 2016
273Transitional and savings provisions—Building Legislation Amendment (Consumer Protection) Act 2016
274Transitional and savings provisions relating to the Building Amendment (Enforcement and Other Measures) Act 2017
275General transitional and savings provisions—Building Amendment (Registration of Building Trades and Other Matters) Act 2018
276Transitional regulations
277Transitional and savings provisions—Building Amendment (Cladding Rectification) Act 2019
277ATransitional provision relating to the building permit levy
279Transitional and saving provisions relating to the Building and Environment Protection Legislation Amendment Act 2020
280Transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020
281Transitional and savings provisions relating to the Building Amendment (Registration and Other Matters) Act 2021
282Transitional and savings provisions relating to the Building Amendment (Registration and Other Matters) Act 2021
283Transitional regulations
284Transitional and saving provision relating to the Building Amendment (Registration and Other Matters) Act 2021
285Transitional and saving provisions relating to the Building Legislation Amendment Act 2023
286Transitional regulations
287Transitional and savings provisions—Building Legislation Amendment and Other Matters Act 2024
288Transitional regulations relating to the Building Legislation Amendment and Other Matters Act 2024
Part 15—Transitional and savings provisions relating to the Building Legislation Amendment (Buyer Protections) Act 2025
Division 1—Preliminary
290Definitions
291General transitional provisions
Division 2—Transfer of domestic building insurance policies and related property
292Transfer of policies and related property
293Transfer subject to encumbrances
294Actions of continuing nature relating to VMIA-issued domestic building insurance policies
295Proceedings
296Evidence
297Taxes
298Validity of things done under this Division
Division 3—Transfer of property, rights and liabilities
299Meaning of commencement date
300VMIA Minister may direct transfer of property, rights and liabilities
301Approval of statement
302Effect of allocation statement
303Information and records relating to property, rights and liabilities
304Transfer subject to encumbrances
305Agreements
306Construction of instruments
307Proceedings
308Certificate of chief executive officer
309Evidence
310Taxes
311Validity of things done under this Division
Division 4—Transfer of staff
312Meaning of commencement date
313List of staff
314Transfer of staff
315Future terms and conditions
Division 5—Miscellaneous
316Proof of insurance
Division 6—Transitional regulations
320Transitional regulations
Schedules
Schedule 1—Building regulations
Schedule 2—Procedures for building permits and occupancy permits
Schedule 3—Membership and procedure of boards
Schedule 4—Transitional provisions
Schedule 5—Plumbing infringement offences
Schedule 6—Transitional provisions relating to the Building (Plumbing) Act 1998
Schedule 7—Transitional and savings provisions relating to the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013
Schedule 8—Transitional and savings provisions relating to the Building Legislation Amendment (Consumer Protection) Act 2016
Schedule 9—House Contracts Guarantee Act 1987
Schedule 10—Transitional and savings provisions relating to the Building Amendment (Enforcement and Other Measures) Act 2017
Schedule 11—Transitional and savings provisions relating to the Building and Environment Protection Legislation Amendment Act 2020
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 144
Building Act 1993
No. 126 of 1993
Version incorporating amendments as at
14 November 2025
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to regulate building work and building standards; and
(b)to provide for the accreditation of building products, construction methods, building components and building systems; and
(c)to provide an efficient and effective system for issuing building and occupancy permits and administering and enforcing related building and safety matters and resolving building disputes; and
(d)to regulate building practitioners, building employees and plumbers; and
(da)to regulate builders, and enforce offences under the Domestic Building Contracts Act 1995, in relation to demanding or receiving money under a major domestic building contract if the builder has not ensured that the domestic building work to be carried out under the contract is covered by domestic building insurance within the meaning of that Act; and
(e)to regulate plumbing work and plumbing standards; and
(f)to provide for the accreditation, certification and authorisation of plumbing work, products and materials; and
(g)to regulate cooling tower systems; and
(h)to limit the periods within which building actions and plumbing actions may be brought.
2Commencement
(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
(2)The remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 March 1995, it comes into operation on that date.
3Definitions and interpretation
(1)In this Act—
* * * * *
adjoining occupier means an occupier of an adjoining property;
adjoining owner means the owner of an adjoining property;
adjoining property means land (including any street, highway, lane, footway, square, alley and right of way) which is so situated in relation to the site on which building work is to be carried out as to be at risk of significant damage from the building work;
* * * * *
approvedbuilding manual means a building manual for a building, which has been approved by the relevant building surveyor under section 41B(1);
approved infrastructure contributions plan has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
Architects Registration Board of Victoria has the same meaning as in the Architects Act 1991;
assessor has the same meaning as in the Domestic Building Contracts Act 1995;
associate, in relation to a person, means a person who exercises a significant influence over the person or the operation or management of the person's business;
Authority means the Victorian Building Authority established under section 193;
automatic deemed registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
binding determination means a determination issued under section 206E by the State Building Surveyor;
building includes structure, temporary building, temporary structure and any part of a building or structure;
Building account means the Building account of the Victorian Building Authority Fund under Part 12;
* * * * *
Building Appeals Board means the Building Appeals Board under Part 10;
Building Code of Australia means the Building Code of Australia comprising—
(a)Volume One of the National Construction Code including any Victorian variations or additions set out in that Volume; and
(b)Volume Two of the National Construction Code including any Victorian variations or additions set out in that Volume;
Building Monitor means the person appointed under section 208 as the Building Monitor;
building permit number means a building permit number issued by the Authority under section 25BA for a proposed building permit;
* * * * *
building practitioner means—
(a)a building surveyor; or
(b)a building inspector; or
(c)a quantity surveyor; or
(d)a building consultant; or
(e)a building designer; or
Note
The category of building practitioner previously described as draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits or permit applications has been renamed as building designer. See the relevant transitional and savings provisions in section 285.
(f)a builder including a domestic builder; or
(g)a person who erects or supervises the erection of prescribed temporary structures; or
(ga)a site supervisor; or
(h)a project manager—
but does not include—
(i)an architect; or
(j)a person (other than a domestic builder) who does not carry on the business of building[1]; or
(k)an endorsed building engineer;
Note
The category of building practitioner previously described in paragraph (h) as a person responsible for a building project or any stage of a building project and who belongs to a class or category of people prescribed to be building practitioners has been renamed as project manager. See the relevant transitional and savings provisions in section 285.
Building Regulations Advisory Committee means the Building Regulations Advisory Committee under Part 12;
building regulations means regulations made under Part 2;
building system includes the building and plumbing industries and the building system regulators;
building system regulators includes all of the following—
(a)the Authority;
(b)relevant building surveyors;
(c)municipal building surveyors;
(d)plumbing inspectors appointed under section 221ZZY;
(e)councils;
(f)the Building Appeals Board;
(g)the Architects Registration Board of Victoria;
(h)the Building Regulations Advisory Committee;
(i)the Plumbing Advisory Council;
(ia)the Building Monitor;
(j)the Business Licensing Authority;
(k)the Director of Consumer Affairs Victoria;
(l)Cladding Safety Victoria;
(m)Energy Safe Victoria;
building work means work for or in connection with the construction, demolition or removal of a building;
business day means a day that is not—
(a)a Saturday or Sunday; or
(b)a day that is wholly or partly observed as a public holiday throughout Victoria;
Business Licensing Authority has the same meaning as in the Business Licensing Authority Act 1998;
certificate of accreditation means a certificate of accreditation within the meaning of section 14A(1);
certificate of consent means a certificate of consent under Division 3A of Part 3;
* * * * *
* * * * *
certificate of registration means the certificate of registration issued to a building practitioner under section 171G;
certificate of swimming pool barrier compliance means a certificate that certifies that the barrier of a swimming pool complies with this Act and the building regulations;
certificate of swimming pool barrier non‑compliance means a certificate that certifies that the barrier of a swimming pool does not comply with this Act and the building regulations;
Chief Commissioner means the person appointed to the VBA Board as Chief Commissioner;
chief dispute resolution officer has the same meaning as in the Domestic Building Contracts Act 1995;
chief executive officer means the chief executive officer of the Authority;
chief officer means—
(a)in relation to the Fire Rescue Victoria fire district under the Fire Rescue Victoria Act 1958, the Fire Rescue Commissioner; and
(b)in relation to any building or land outside the Fire Rescue Victoria fire district under the Fire Rescue Victoria Act 1958, the Chief Officer of the Country Fire Authority under the Country Fire Authority Act 1958;
cladding rectification work means—
(a)building work in connection with, or otherwise related to, a product or material that is, or could be, a non‑compliant or non-conforming external wall cladding product; or
(b)work of a type specified in a notice under section 185I of the Local Government Act 1989;
Cladding Safety Victoria has the same meaning as in the Cladding Safety Victoria Act 2020;
class of licence means a licence in a class of building employee;
class of registration means registration in a class of building practitioner;
code of conduct—
(a)in Part 11, does not include a code of conduct for licensed or registered plumbers approved by the Authority under Division 3A of Part 12A; and
(b)in Part 12A, does not include a code of conduct for building practitioners approved by the Authority under Division 2 of Part 11;
collecting agency has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
* * * * *
Commissioner means the Chief Commissioner, the Deputy Chief Commissioner or a Commissioner appointed to the VBA Board;
conciliation officer has the same meaning as in the Domestic Building Contracts Act 1995;
conduct, in relation to a public entertainment, means to have a direct pecuniary interest in the proceeds or profits of the entertainment;
construct, in relation to a building, includes—
(a)build, re-build, erect or re-erect the building; and
(b)repair the building; and
(c)make alterations to the building; and
(d)enlarge or extend the building; and
(e)place or relocate the building on land;
cooling tower has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008;
cooling tower system has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008;
council means a council within the meaning of the Local Government Act 2020;
decision, in relation to a matter in relation to which an application for review or appeal can be made to the Building Appeals Board, the Authority or VCAT, includes failure to decide;
decision-maker, in relation to a matter in relation to which an application for review or appeal can be made to the Building Appeals Board, the Authority or VCAT, means the person or body whose decision may be the subject of that review or appeal;
[6] S. 129 def. of building work: See section 3(1) definition of building work in this Act.
[7] S. 188A: Clause 4A of Schedule 2 requires the reporting authority, if required by the regulations, to give effect to the guidelines made under this section in considering an application for a building permit for a single dwelling that it is required to report on, or to consent to.
[8] S. 190(1): See note 5.
[9] Pt 12 Div. 2 (Heading and ss 193–205) amended by Nos 31/1994 s. 4(Sch. 2 item 9), 42/1995 s. 224(Sch. 2 item 6), 71/1995 s. 17, 91/1995 s. 153, 34/1997 ss 16, 17, 18/1998 s. 6, 46/1998 s. 7(Sch. 1), 52/1998 s. 311(Sch. 1 items 10.9, 10.10), 85/2000 ss 6, 7, 26/2001 ss 12–14 (as amended by No. 33/2010 s. 54), 68/2001 s. 3(2)(3), 11/2002 s. 3(Sch. 1 item 6.3), 36/2002 ss 12–14, 30/2003 s. 82(2)(3), 108/2004 s. 117(1)(Sch. 3 items 21.1, 21.2), 54/2007 ss 6, 7, 11(1), 46/2008 s. 248(4), (5), substituted as Pt 12 Div. 2 (Heading and ss 193–205R) by No. 34/2013 s. 4.
[10] Sch. 3 cl. 3(2)(a): Section 56 of the Interpretation of Legislation Act 1984, No. 10096/1984, as it applies to the bankruptcy of a member of a Board to which Schedule 3 of this Act applies, has the effect that the office of a member of a Board becomes vacant if the member's property becomes subject to control under the law relating to bankruptcy.
[11] Table of Amendments: The amendment to Schedule 3A proposed by section 147(Schedule 2 item 5) (repealed) of the Inquiries Act 2014, No. 67/2014 is not included in this publication as Schedule 3A was not part of this Act when section 147(Schedule 2 item 5) came into operation.
Schedule 2 item 5 read as follows:
5Building Act 1993
5.1In clause 13(2) of Schedule 3A, after "1958" insert ", as in force immediately before their repeal,".
[12] Table of Amendments (Building Legislation Amendment Act 2023): The amendment proposed by section 3(1) of the Building Legislation Amendment Act 2023, No. 11/2023 is not included in this publication because the heading to section 3 is not considered part of this Act: see section 36(2A) of the Interpretation of Legislation Act 1984, No. 10096/1984.
Section 3(1) reads as follows:
3Definitions and interpretation
(1)In the heading to section 3 of the Building Act 1993, after "Definitions" insert "and interpretation".
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