What is a Building Surveyor – in the state of Victoria?

Building surveyors play a pivotal role in ensuring the safety and compliance of structures. Their responsibilities include issuing permits, conducting inspections, and enforcing building standards. This document outlines their powers, duties, and the ethical framework guiding their profession, as guided by the Building Act 1993 (Vic) (“the Act”).
Definition of a Building Surveyor under the Building Act 1993
A Building Surveyor is a building practitioner registered under the Act, responsible for ensuring that building work complies with the Act, the Building Regulations 2018 (“Regulations”), and the National Construction Code.
According to Section 3 of the Act, a ” building surveyor” is classified as a building practitioner.
Definition of a Relevant Building Surveyor
The term “Relevant Building Surveyor” (RBS) refers to the building surveyor appointed to carry out the functions under the Act for specific building work. Section 3(1) of the Act defines a “Relevant Building Surveyor” as:
(a) in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a municipal building surveyor, means the municipal building surveyor; and
(b) in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a private building surveyor, means the private building surveyor; and
(c) in relation to the carrying out by the Authority of the functions of a municipal building surveyor or a function specified in section 205P, means the Authority; and
(d) in relation to the carrying out by a building surveyor authorised under section 191, 192 or 221 of the functions of a municipal building surveyor, means the authorised building surveyor;

Private Certifiers vs. Council Building Surveyors
Private certifiers (private building surveyors) are engaged by property owners to perform statutory building control functions, while municipal building surveyors can also be engaged directly by owners. Both types of surveyors are bound by the same legislative requirements but differ in their operational context. Municipal building surveyors are “appointed, employed or nominated by a council as its MBS”, and have additional jurisdictional responsibilities.1
Powers of a Private Building Surveyor
Private building surveyors have the authority to:
- Issue building permits (Section 24).
- Conduct inspections at mandatory notification stages (Section 34).
- Issue certificates of final inspection (Section 38).
- Issue occupancy permits (Section 43).
- Enforce compliance with the Regulations and issue building notices (section 106)2 and orders (section 111).3 Private building surveyors may only issue building notices and orders “in respect of a building, land or place in relation to which the private building surveyor is appointed to carry out a function under this Act” (section 107).
If an owner does not comply with a building order issued by a private building surveyor, Section 118 stipulates a penalty of 500 penalty units ($98,795) in the case of a natural person, or 2500 penalty units ($493,975) in the case of a body corporate.
Additional Powers of Municipal Building Surveyors
Municipal building surveyors possess all the powers of private building surveyors4, with additional authority to:
- Enforce compliance with the Regulations within their municipal jurisdiction (Section 212).5
- Issue emergency orders to address immediate dangers (Section 102).6
Mandatory Inspections in Victoria
The Regulations specify mandatory inspection stages for construction or alteration of building. Regulation 167 outlines these stages, which include:7
- Inspection before placing footings.
- Inspection before pouring in-situ reinforced concrete members.
- Inspection of the framework at completion.
- Final inspection upon completion of all building work.
According to regulation 171, the relevant building surveyor must specify these stages in the building permit.8

Issuance of Building Permits
A building surveyor can issue a building permit when:
- An application is submitted in accordance with Section 24.9
- The proposed building work complies with relevant building regulations (Section 24).10
- All necessary consents from referral authorities are obtained (Section 24).11
Issuance of Occupancy Permits and Certificates of Final Inspection
An occupancy permit is issued under Section 46 of the Act when the building is suitable for occupation.12
Under the Regulations, it is essential that an occupancy permit must specify the essential safety measures and related requirements. Regulation 194 specifies that an occupancy permit issued by a RBS must specify the building’s essential safety measures, including frequency and type of inspections, performance required, and testing and maintenance requirements13.
Additionally, each essential safety measure that is specified within an occupancy permit must be inspected and tested as specified within the occupancy permit under Regulation 195. These measures must be maintained as specified, so that each essential safety measure aligns with the standards set within the occupancy permit14.
A certificate of final inspection is issued under Section 38 of the Act for works not requiring an occupancy permit where the works must meet compliance with approved plans and standards.15

Conflict of Interest Provisions
The Act includes strict conflict of interest provisions in which a building surveyor or related person must not act. For instance, Section 79 states that a building surveyor must not act if they or the related person:
“Has a direct or indirect pecuniary interest in the body which prepared the design of the building or building work.”16
Non-Compliance with a Private Building Surveyor’s Order
If a respondent does not comply with a private building surveyor’s order, the matter is escalated.
- According to Section 115, the matter must be referred to the VBA to assume enforcement responsibility, and the private building surveyor must take no further action in respect of the matter.17
- Section 118 is one of many that imposes fines or penalties that may be imposed by the courts.18
- Legal action may be initiated, typically by the VBA or the municipal authority, as private building surveyors do not have prosecutorial power.
Transferring and Appointing a New Building Surveyor
To transfer a building surveyor, the following steps are required under section 80C:
- The transferring building surveyor and the new relevant building surveyor must both agree to the transfer of functions.19
- The transfer must obtain form approval from the VBA.20
- Notification to all relevant stakeholders of the change via copies of the transfer.21
Case Law on the Duties of Building Surveyors
Relevant case law illustrates the duties and limits of building surveyors:
Lewis v Threadwell [2004] VCAT 547
Facts: Lewis built two units on a property and applied for a building permit. Threadwell was engaged to construct the two units, and the building permit was issued. Lewis sued Threadwell for a significant number of building defects in the units. The issue discussed in this case was an examination of the duties of care and responsibilities owed of building surveyors and inspectors in domestic building disputes.
Findings: Senior Member Davis precisely explains what building surveyors do and not do:
“The role of the Building Surveyor/Building Inspector is outlined in the Building Act and Building Regulations. A Building Surveyor/Building Inspector is not engaged to design, construct, project manage, act as a site foreman, clerk of works, supervisor for any part, of any construction process.”22
Further, “the Building Surveyor/Building Inspector does not have any ‘overriding duty’ but has a specified, finite responsibility to ensure compliance with the minimum standards of the Building Code.”23
This case backs the expert witness in the matter who opined that “it is not the role of the a building surveyor or inspector to assure for aesthetics, quality, durability, reliability of workmanship on behalf of the owner and/or the builder. Weatherproofing, waterproofing are specific issues dependent upon quality workmanship and the reliability of products, these are the responsibility of the builder and product manufacturer.”24
CES Queen (Vic) Pty Ltd v Thomas & Others [2014] VSC 602.
Facts: Mr Leonard was instructed with material and inspected a property under the appointment of CES Queen. Questions were raised as to whether Mr Leonard’s appointment under the Act as RBS was invalid. CES Queen claimed that even if Mr Leonard was appointed where there was a breach of section 79 of the Act (“has a direct or indirect pecuniary interest in the body which prepared the design of the building or building work”), then his determinations as RBS would not be invalid.
Issues: The question was whether the Board had the jurisdiction to determine whether the appointment of Mr Leonard as the RBS was invalid under the Act, and if not, whether is determinations as RBS were still valid.
Findings: The Board was found not to have exceeded its jurisdiction. It was held that the Building Surveyor was appointed in breach of section 79 of the Act, therefore his determinations were found to be invalid and had no force or effect.25 The Court emphasised that the legislation makes it “incumbent on a private building surveyor, prior to accepting an appointment as a RBS, to satisfy himself or herself and make a decision that he or she does not fall within the prohibitions in section 79”.26 The Court stated “the importance of the provision is reinforced by the fact that a breach of s 79 carries with it a prescribed penalty.”27
Ultimately, the court underscored the importance of the independence and professional conduct of building surveyors, reinforcing their responsibility to ensure compliance with building standards and regulations. This is largely illustrated in the building surveyors code of conduct.
Building Surveyors Code of Conduct

The Victorian Building Authority (VBA) introduced the Code of Conduct for Building Surveyors, effective from 1 January 2021, to enhance safety and oversight in the building industry.28
8 Principles of Conduct as established:
- Act in accordance with the law and in the public interest: Building surveyors must comply with all relevant laws and prioritize public safety in their professional activities.
- Act with integrity, honesty, objectivity, and impartiality: Maintaining high ethical standards is essential to uphold the profession’s reputation.
- Perform competently and within the required level of expertise and experience: A building surveyor must have relevant knowledge and expertise to provide their services to a high standard.
- Act independently: Independence is crucial particularly in statutory decisions to avoid undue influence.
- Avoid conflicts of interest: Surveyors must take reasonable steps to avoid conflicts of interest.
- Document and maintain records: Accurate record-keeping is required by building surveyors for documentation purposes.
- Communicate promptly and effectively: A building surveyor must ensure prompt communication with stakeholders for effective project management.
- Provide a complaint handling process and address issues of non-compliance: A building surveyor must enact reasonable steps and procedures to manage complaints and rectify non-compliance issues.
Adherence to this Code is mandatory for all registered building surveyors in Victoria, aiming to promote public trust and confidence in the building surveying profession.
Conclusion
Building surveyors are custodians of public safety in the built environment. They ensure structures meet minimum compliance standards while adhering to their ethical obligations. Their work is not about aesthetics but about safety, compliance, and public trust.
Disclaimer
The information provided in this article is for general informational purposes only. It does not constitute legal advice. For specific legal advice related to building regulations and compliance, please consult a construction lawyer.
The images in this article were generated using ChatGPT-4 based on prompts provided by Lovegrove and Cotton Lawyers.
Footnotes
- Building Act 1993 (Vic), section 3: “ municipal building surveyor means a person for the time being appointed, employed or nominated by a council as its municipal building surveyor for the purposes of this Act;” ↩︎
- Building Act 1993 (Vic), section 106, “Subject to section 107, a municipal building surveyor or a private building surveyor may cause a building notice to be served on an owner of a building, land on which building work is being or is proposed to be carried out or a place of public entertainment if the building surveyor is of the opinion that any one of the following circumstances exists-…” ↩︎
- Building Act 1993 (Vic), section 111: “Subject to section 107, a municipal building surveyor or a private building surveyor may make a building order under this section after the end of the time allowed by the building notice for making representations”. ↩︎
- Building Act 1993 (Vic), section 213(b): “A municipal council must not appoint, employ or nominate a person as its municipal building surveyor unless the person.. (b) is registered as a building surveyor under Part 11 and whose registration authorises the carrying out of work required for performing all the functions of a municipal building surveyor”. ↩︎
- Building Act 1993 (Vic), section 212(1): “except where otherwise expressly provided in this Act or the building regulations, a council is responsible for the administration and enforcement of Parts 3, 4, 5, 7 and 8 and the building regulations in its municipal district.” ↩︎
- Building Act 1993 (Vic), section 102: “A municipal building surveyor may make an emergency order under this Division if the municipal building surveyor is of the opinion that the order is necessary because of a danger to life or property arising out of the condition or use or proposed use of— (a) a building; or (b) the land on which building work is being or is proposed to be carried out; or (c) a place of public entertainment.” ↩︎
- Building Regulations 2018, regulation 167: (a) before placing a footing; (b) before pouring an in situ reinforced concrete member that is specified in the relevant building permit by the relevant building surveyor; (c) the completion of framework; (d) during the carrying out of building work specified in the relevant building permit by the relevant building surveyor for the purposes of any inspection required by regulation 172; (e) final, on the completion of all building work.” ↩︎
- Building Regulations 2018, regulation 171: “The relevant building surveyor must specify the mandatory notification stages for building work determined under regulations 167, 168, 169 and 170 in the building permit issued for that building work.” ↩︎
- Building Act 1993 (Vic), section 24(1): “An application for a building permit must be in the form of Form 1.” ↩︎
- Building Act 1993 (Vic), section 24(4) “An application for a building permit must contain sufficient information to show that the proposed building work will comply with the Act and these Regulations.” ↩︎
- Building Act 1993 (Vic), section 24: “any consent of a reporting authority required under this Act or the regulations or under any other Act or regulations is obtained or taken to have been obtained in accordance with Schedule 2;.” ↩︎
- Building Act 1993 (Vic), section 46: “(1) An occupancy permit under this Division is evidence that the building or part of a building to which it applies is suitable for occupation” ↩︎
- Building Regulations 2018, regulation 194: “Occupancy permit must specify the essential safety measures and related requirements.” ↩︎
- Building Regulations 2018, regulation 195: “Condition on occupancy permit.” ↩︎
- Building Act 1993 (Vic), section 38: “(1) The relevant building surveyor must issue a certificate of final inspection on completion of the inspection following the final mandatory notification stage of building work if— (a) an occupancy permit is not required for the building work;” ↩︎
- Building Act 1993 (Vic), section 79(c): “”has a direct or indirect pecuniary interest in the body which prepared the design of the building or building work; or…”” ↩︎
- Building Act 1993 (Vic), section 115: “If a person fails to comply with a building order made by a private building surveyor, the private building surveyor must refer the matter to the Authority and must take no further action in respect of the matter under this Part.” ↩︎
- Building Act 1993 (Vic), section 118: “A person to whom an emergency order or building order is directed must comply with that order. Penalty: 500 penalty units, in the case of a natural person. 2500 penalty units, in the case of a body corporate” ↩︎
- Building Act 1993 (Vic), section 80C: “(2) A transfer may not be effected under subsection (1) unless the person who appointed the transferring building surveyor and the new relevant building surveyor both agree to the transfer of the functions.” ↩︎
- Ibid, “4(a) the transfer is made in a form approved by the Authority; and” ↩︎
- Ibid, “4(b)-(c) (b) a copy of the transfer form is given by the transferring building surveyor to the new relevant building surveyor; and (c) the new relevant building surveyor gives a copy of the transfer form to the Authority.” ↩︎
- Lewis v Threadwell [2004] VCAT 547, [138]. ↩︎
- Ibid, [132]. ↩︎
- 24 Ibid, [139]. ↩︎
- CES Queen (Vic) Pty Ltd v Thomas & Others [2014] VSC 602, [83], “I find that an appointment accepted in contravention of s71(1)(b) of the Act is invalid, and any actions purportedly taken by an invalidly appointed relevant building surveyor are also invalid”. ↩︎
- Ibid, [70]. ↩︎
- Ibid, [69]. ↩︎
- VBA, Code of Conduct for Building Surveyors in Victoria, June 2020: ‘9 principles of conduct.’ ↩︎