The Law Handbook 2024

Chapter 6.3: Building or renovating a house 565 Owners are required to appoint a building surveyor for the project. Builders cannot appoint building surveyors for your project. Once appointed to a project, a building surveyor can only be removed by application to the VBA. Duringconstruction , a builder or owner–builder is responsible for supervising the construction works. A building surveyor will carry out mandatory inspections of the work to ensure that work is being carried out in accordance with the approved drawings and relevant regulations. A building surveyor is not a supervisor of the building works. On a typical residential construction, a building surveyor may attend site on only four or five occasions to carry out inspections. Building surveyors are required to act independently and consumers should consult them if they have any questions about the state of the works. At the completion of the building works , a building surveyor will carry out a final inspection before issuing an occupancy permit or a certificate of final inspection. A certificate of final inspection is appropriate if the works only affect part of a home. If a building permit requires an occupancy permit, then no-one should occupy the home until an occupancy permit has been issued by the building surveyor. These permits and certificates are issued when the building is suitable for occupation. They do not relate to the quality of the building work, and they expressly state that they are not evidence that the work complies with relevant building legislation and regulations. As discussed in ‘Building contracts’, below, some building contracts tie completion and final payments to the issue of an occupancy permit. Do not place too much importance on the occupancy permit, as it is not a guarantee of quality; have the workmanship assessed by an independent building consultant. Always keep the building surveyor in the communication loop. Architects Some people engage an architect to assist them with their building project. Architects are not required to be registered under the Building Act as they are governed by the Architects Act 1991 (Vic). Architects are required to carry professional indemnity insurance. Architects offer a range of services. A full architectural commission involves the architect in all stages of the project from designing, preparing drawings, obtaining planning permits (if necessary) and building permits, arranging contracts, selecting contractors, administering building contracts, and inspecting the work. It is important to remember that while architects have greater involvement in the project than building surveyors, architects do not supervise building works. Builders supervise their own work. An architect can be engaged for specific services (e.g. design only). An architect’s fees are normally calculated as a percentage of the value of the proposed works or as an hourly fee. Consumers not familiar with building works and the building industry may wish to consult an architect before commencing any work. It is always useful to consult an architect about any quote you receive for building works. An architect will assist you in determining whether the quote is adequate and realistic and reflects your intentions for the work. Consumers should provide their architect, builder and draftsperson with all the available information concerning their property. This includes information about title boundaries, easements, underground services, restrictive covenants and planning overlays. Keeping your professionals fully informed about your property will avoid additional costs. If you are not retaining an architect for your project, you should consider engaging an experienced building consultant to carry out regular inspections of the work. Without some professional assistance you will not know whether the builder is providing the appropriate materials or level of workmanship. Plumbing work Check the status of your plumber. Licensed plumbers have a higher level of knowledge and training than registered plumbers. Only licensed plumbers can issue compliance certificates certifying the quality of the plumbing work. Only licensed plumbers have insurance covering defective plumbing work. Plumbing work that costs more than $750 requires a compliance certificate and insurance. Planning and building permits Planning and building permits are different. Not all building works require a planning permit, but nearly all works require a building permit.