Private Building Surveyor Intervention Policy | City of Casey
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Adopted 6 September 2016

Private Building Surveyor Intervention Policy

Version 1

Purpose

To set policy as to (1) how and when Council and its Municipal Building Surveyor will respond to building control matters where a private building surveyor has been appointed and is responsible to carry out functions under the Act and (2) when matters will be referred to the Victorian Building Authority and/or Building Practitioners Board for their administration and enforcement of the Building Act 1993.

This policy has adopted Municipal Building Control Intervention Filter Criteria Guidelines 2015, developed by Victorian Municipal Building Surveyors Group.

Definitions

Council

means Casey City Council, being a body corporate constituted as a municipal Council under the Local Government Act 1989

Councillors

means the individuals holding the office of a member of Casey City Council

Council officer

means the Chief Executive Officer and staff of Council appointed by the Chief Executive Officer.

Scope

  • To direct matters/complaints to appropriate bodies;
  • To manage risk and provide accountability in building control;
  • To stem unnecessary Council liability;
  • To provide consistency and transparency of Council's approach in the administration and enforcement of the Building Act;
  • To deter wayward practitioners by threat of referral to the Building Practitioners Board and/or Victorian Building Authority for disciplinary or directive actions.

Context

Council has the responsibility of enforcement and administration of specified parts of the Building Act and the whole Building Regulations however it does not have the necessary powers to require private building surveyors to carry out their duties under the Building Act.

The Victorian Building Authority is a state statutory authority which has various powers under the Act to intervene in circumstances where a private building surveyor is appointed. Some of these powers include the ability to issue directions to the private building surveyor, enforce orders made by the private building surveyor, prosecute persons for noncompliance with orders issued by the private building surveyor in addition to being able to utilise all the powers that a municipal building surveyor has in certain circumstances. The Act states that monitoring and enforcing compliance with the Act and Regulations is a function of the Victorian Building Authority.

Council frequently receives complaints from members of the public regarding building work that is being or has been carried out, for which a private building surveyor has been appointed. The complaints may vary from concerns over real risk of danger to persons or property to matters relating to the sitting of buildings and/or structures and administrative errors.

The handling of these complaints can be complex and represent a significant expenditure of Council resources.In this regard this policy has been prepared in dealing with complaints relating to building work where a private building surveyor has accepted responsibilities under the act to issue a building permit for the building work.

Policy

This policy incorporates as a guideline the Municipal Building Control Intervention Filter Criteria Guidelines (latest adopted version), prepared by the Victorian Municipal Building Surveyors Group and attached to this document as Appendix A.

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