Understanding Building Permit Suspension in Victoria - Code HQ

In Victoria, obtaining a building permit is a crucial step in ensuring compliance with the Building Act 1993 and Building Regulations 2018. However, there are instances when a building permit may be suspended, which can have significant implications for your construction project. In this blog post, we'll discuss the conditions under which a building permit can be suspended, the penalties for carrying out building work while a permit is suspended, whether a building permit can be extended, and provide answers to some frequently asked questions.

Conditions on When a Building Permit is Suspended

Under the Building Act 1993 and Building Regulations 2018, a building permit may be suspended under specific conditions. These conditions are typically related to the builder’s registration becoming invalid. The following are common reasons for building permit suspension:

• The building practitioner’s registration (the named builder) is suspended or cancelled
• The builder named on the permit is an architect and their registration with the Architects Registration Board of Victoria (ARBV) is suspended or cancelled
• The builder dies, is imprisoned, has become a represented person (within the meaning of the Guardianship and Administration Act 1986))
• Where the builder is an owner-builder, the owner ceases to own the land (from 1 July 2019)
• The engagement of the builder has been terminated.

Penalties for Carrying Out Building Work While a Building Permit is Suspended

Carrying out building work while a building permit is suspended is a serious offense and can result in severe penalties. The penalties for such violations are outlined in the Building Act 1993 and can include:

• 500 penalty units, in the case of a natural person.
• 2500 penalty units, in the case of a body corporate.

Refer to sections 16 and 16B of the Building Act 1993.

Can a Building Permit be Extended?

In certain situations, it may be possible to request an extension for a building permit, even if your building permit has been suspended. The availability of permit extensions is governed by the Building Act 1993 and Building Regulations 2018. Extensions may be granted if there are valid reasons for delays in construction, such as unforeseen circumstances, weather conditions, or changes in project scope. It is important to consult with the Relevant Building Surveyor to understand the process and requirements for requesting a permit extension in your specific case.

Frequently Asked Questions

Can I continue construction if my building permit is suspended?

No, it is illegal to continue construction while a building permit is suspended. All construction activities must cease until the issues leading to the suspension are resolved.

What should I do if my building permit is suspended?

If your building permit is suspended, you should immediately stop all construction activities and address the issues identified. Consult with the Relevant Building Surveyor to understand the specific requirements for resolving the suspension.

How long does a building permit suspension last?

The duration of a building permit suspension can vary depending on the nature and severity of the issues. It is essential to work diligently to resolve the issues and regain compliance in order to have the suspension lifted.

Understanding the conditions for building permit suspension, the penalties for violations, and the possibility of permit extensions is crucial for anyone involved in construction projects in Victoria. By adhering to the regulations and seeking professional guidance, you can ensure compliance and successful completion of your building project. Contact us to ensure that you are in compliance with your building permit requirements.

Resources:

https://www.vba.vic.gov.au/surveyors/building-permits/building-permit-suspension

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.