Suspension of building permit

Legislative Information

25AE Suspension of building permit

  1. A building permit is suspended on and from the day on which —
    1. if the builder named in the building permit is a building practitioner, the building practitioner's registration as a building practitioner is suspended or cancelled; or
    2. if the builder named in the building permit is an architect, the architect's registration as an architect is suspended or cancelled under the Architects Act 1991; or
    3. the builder named in the building permit —
      1. dies; or
      2. is imprisoned for an offence; or
      3. has become a represented person within the meaning of the Guardianship and Administration Act 1986; or
    4. if the builder named in the building permit is an owner of land to whom a certificate of consent has been issued in respect of the building work, the certificate of consent is cancelled; or
    5. the builder named in the building permit has ceased to be engaged to carry out the building work to which the permit relates.
  2. A building permit ceases to be suspended under this section on the day on which a builder who complies with the relevant requirements of section 24A is named as the builder in the building permit.
  3. A building permit is of no effect under this Act during the period that it is suspended under this section.

Summary - Suspension of building permit

A building permit will be suspended on and from the day that:

  • 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.
  • the certificate of consent for an owner builder is cancelled;
  • the engagement of the builder has been terminated.

The suspension ceases once a builder who complies with the relevant requirements of the legislation is named in the building permit, until then, the building permit is of no effectSection 25AE of the Building Act 1993..

Carrying out building work while a building permit is suspended is an offence under the Act.Section 16 of the Building Act 1993.

Penalties for carrying out building work while the building permit is suspended

500 penalty units, in the case of a natural person;

2500 penalty units, in the case of a body corporate
Section 16 of the Building Act 1993..

Owner to notify change of owner or builder

An owner must notify the relevant building surveyor within 14 days after any change in the name or address of the owner or if the owner has transferred the ownership in the building or land.

Penalty for failing to notify: 10 penalty unitsRegulation 42 of the Building Regulations 2018..

Builder to notify change of name or address

The builder named in the building permit must notify the owner and the relevant building surveyor within 14 days of any change in their name or address

Penalty for failing to notify: 10 penalty units.Regulation 43 of the Building Regulations 2018..

Process for notifying the VBA of a change of builder on a building permit

A relevant building surveyor must notify the VBA and the relevant Council when

  1. a builder ceases to be engaged by the owner to carry out building work related to a building permit, or
  2. a new builder is named in a building permit.

A building permit becomes suspended as soon as the builder named in the permit is no longer engaged.

Single Building Permit affected

To notify the VBA of a single permit where the builder has ceased to be engaged, please:

  1. Download and complete Section A and B of the “Change of Builder on Building Permit – Single
  2. Email the form to: suspensions@vba.vic.gov.au;
  3. You will receive an email from the VBA acknowledging receipt of the notification.

Notifying the VBA of the new builder being named in the building permit

A relevant building surveyor must notify the VBA and the relevant Council when a new builder is named in a building permit. Any suspended building permit will cease to be suspended when the new permit is amended with the new builder’s details.

To notify the VBA of a new builder named in an amended building permit, please complete the following:

  1. Complete Section A and C of the “Change of Builder on Building Permit – Single
  2. Email the completed form to: suspensions@vba.vic.gov.au
  3. You will receive an email from the VBA acknowledging receipt of the notification.

Multiple Building Permits affected

To notify the VBA of multiple permits whereby the builder has ceased to be engaged, please follow the below instructions:

  1. Download and save a copy of the “Change of Builder on Building Permit – Multiple
  2. Complete Section A and B of the Change of Builder in the saved document
  3. Email the Excel document to: suspensions@vba.vic.gov.au
  4. You will receive an email from the VBA acknowledging receipt of the notification.

Notifying the VBA of the new builder being named in the building permit

A relevant building surveyor must notify the VBA and the relevant Council when a new builder is named in a building permit. Any suspended building permit will cease to be suspended when the new permit is amended with the new builder’s details.

To notify the VBA of a new builder being named in an amended building permit, please complete the following:

  1. Complete Section A and C of the “Change of Builder on Building Permit – Multiple
  2. Email the completed document to: suspensions@vba.vic.gov.au
  3. You will receive an email from the VBA acknowledging receipt of the notification.