Directions to Transfer 80D(1)
From January 2018, changes to the Building Act 1993 (the Act) allow the VBA to direct the transfer of functions of an employee building surveyor.
The direction to transfer may only be issued to a registered building surveyor who has employed or engaged a person ("the employee building surveyor") to act as a private building surveyor if one of the below circumstances applies:
- suspension or cancellation of the registration of the employee building surveyor; or
- the employee building surveyor:
- has died; or
- is in prison; or
- has become a represented person (within the meaning of the Guardianship and Administration Act 1986); or
- has become insolvent under administration; or
- in the opinion of the VBA is incapable of carrying out the work because the building surveyor is mentally or physically infirm or for any other reason; or
- in the opinion of the VBA has ceased to carry out the functions of a private building surveyor.
The VBA will consider the number of open permits and other options for transfer of functions or consent to termination of an appointment (as the circumstances require) before issuing a direction to transfer under section 80D of the Act.
A registered building surveyor must comply with the VBA's direction by transferring the functions to another employee building surveyor or to themselves, and must notify, as the case requires, the person who appointed the original private building surveyor and the relevant Council of the transfer.