Building Notices and Orders in Victoria: Don't Let Your Project Go Off Track

Whether you're building a backyard deck or renovating your dream home, understanding the Victorian building regulatory system is crucial. Two terms – Building Notices and Building Orders – might cause concern, but knowledge is power. In this guide, we'll demystify these tools and equip you with the tips to navigate your building project smoothly.

Think of a Building Notice as a friendly nudge in the right direction. If a building surveyor, during an inspection, identifies non-compliance with the Building Act 1993 or the Building Regulations 2018, they can issue this notice. It highlights the specific issues discovered and outlines the recommended solutions to rectify them.

The notice triggers a "Show Cause" process. You have the opportunity to explain your position and provide evidence to convince the building surveyor that the work complies or should be exempt. It's your chance to avoid escalation and demonstrate proactive problem-solving.



Here's what a Building Notice typically includes:

• Details of the non-compliance: This clearly explains the concerns about the building work.
• Required actions: Specific instructions on how to fix the identified issues are provided.
• Compliance timeframe: You'll be given a reasonable timeframe to rectify the problems.
• Appeal opportunity: If you disagree with the notice, you can appeal to the Building Appeals Board (BAB).

Building Orders: Taking Enforcement Action

If you don't address the issues outlined in the Building Notice within the specified timeframe, or your response doesn't satisfy the building surveyor, a Building Order might be issued. This is a more serious document, demanding mandatory action to ensure compliance.

There are four types of Building Orders:

• Building Order (General): It mandates specific actions to remedy the non-compliance within a set timeframe.
• Stop Work Order: This halts all building activity immediately on the identified work.
• Building Order Minor Works: It mandates minor works being carried out to remedy the non-compliance within a set timeframe. This is different to a general Building Order in that it can be issued without a Building Notice first being served.
• Emergency Order: In extreme cases, Council may intervene to address emergency matters such as site safety and public protection.

Compliance and Consequences: Why Playing It Safe Matters

Ignoring a Building Notice or Order can have significant consequences. Penalties range from hefty fines to legal action, even prosecution. Remember, these tools are not meant to stifle your project, but to ensure the safety and integrity of your building and the broader community.

Here's why complying is crucial:

• Safety first: Non-compliant work can pose serious safety risks to occupants and the public.
• Financial consequences: Ignoring orders can lead to expensive fines and rectification costs.
• Project delays: Legal proceedings can significantly delay your construction schedule.
• Reputational damage: Non-compliance can damage your credibility and affect future projects.

Tips for Builders and Property Owners: Build Smoothly, Build Safely

Here are some valuable tips to avoid complications and ensure a smooth construction journey:

• Obtain the necessary permits: Always clarify permit requirements before starting any building work.
• Engage qualified professionals: Choose licensed builders and tradespeople who understand the regulations.
• Maintain clear communication: Communicate regularly with building surveyors and address any concerns promptly.
• Document everything: Keep detailed records of permits, plans, inspections, and communication with authorities.
• Seek professional advice: If you have any doubts, consult a building surveyor or a legal professional.

Remember, knowledge empowers you to be a responsible builder or property owner. By understanding the role of Building Notices and Orders, and proactively addressing concerns, you can achieve your dream project without compromising safety or facing legal hurdles. Build smart, build safe, and enjoy the satisfaction of a successful construction journey in Victoria.

Additional Resources:

• Victorian Building Authority (VBA): https://www.vba.vic.gov.au/
• Department of Justice and Regulation: https://www.justice.vic.gov.au/

I hope this blog post clarifies the significance of Building Notices and Orders in Victoria. By building with knowledge and adhering to regulations, you can create a beautiful and safe space for yourself and your loved ones.

Disclaimer: This information is for discussion and informational purposes only and should not be used as legal advice or as a substitute for a sound understanding of the NCC and other relevant legislation.