Building Notices and Orders in Victoria: What Property Owners Should Do
Received a building notice or building order in Victoria? Acting promptly can help you address compliance concerns, respond within the required timeframe and reduce the risk of prosecution.
Under the Building Act 1993 (Vic), building surveyors can issue notices and orders concerning unauthorised building work, non-compliant use and building safety issues. Understanding what you have received is the first step towards resolving it.
What is the difference between a building notice and a building order?
A building notice gives a property owner an opportunity to respond to concerns raised by a building surveyor. These may involve work carried out without a required permit, an unsafe building or inadequate maintenance of safety systems.
Through the show cause process, an owner can make written representations addressing the allegations and proposed requirements. A carefully prepared response can explain the owner’s position and proposed steps to resolve the issues.
A building order requires specified action within a stated timeframe. Non-compliance can constitute a serious statutory offence and may lead to prosecution.
Where there is an immediate risk to life or property, a municipal building surveyor can issue an emergency order, which may require evacuation or urgent safety measures.
How should you respond?
Check the deadlines immediately. Identify the response date, required actions and any restrictions on occupation or use.
Get legal and technical assistance. A building regulation lawyer can help prepare your response and assess your options. A consulting building surveyor can assess the technical issues and help develop a compliance plan.
Address compliance and appeal options. Depending on the circumstances, the response may involve remedial work, obtaining necessary permits or considering an appeal to the Building Appeals Board. Appeal time limits require prompt attention.
Seek any extension before the deadline. If more time is needed, raise this with the relevant building surveyor before the notice or order expires.
Follow through to resolution. Complete the required work, arrange necessary inspections and seek the lifting of the notice or order once compliance has been achieved.
Need help with a Victorian building notice or order?
Lovegrove & Cotton assists property owners, and building practitioners with building notices, building orders and the regularisation of non-compliant building work.
Our construction lawyers can help prepare show cause responses, advise on Building Appeals Board options and represent clients in dealings with councils and building surveyors.
This article was settled by Tsigereda Lovegrove
For advice on your building notice or building order, contact Lovegrove & Cotton on (03) 9600 4077 or email enquiries@lclawyers.com.au.
Disclaimer: This article provides general information only and does not constitute legal advice. Seek advice specific to your circumstances.
Image Acknowledgements:
The digital renders used in this article were developed collaboratively by Lovegrove & Cotton and ChatGPT
Read more about building notices and orders in Victoria:
What are Building Notices and Building Orders in Victoria?
Victorian Building Surveyors: Powers to Issue Building Notices and Orders under the Victorian Building Act 1993
