Industry Update: Requests to terminate a Private Building Surveyor
The Victorian Building Authority (VBA) receives numerous requests for consent to terminate the appointment of a Private Building Surveyor (PBS). Many of these requests are lodged by property owners and include circumstances where the PBS agrees to the termination of their appointment and a second building surveyor has agreed to carry out remaining functions.
In the above circumstance, where all parties agree to the termination and new appointment, it is advised that a transfer of functions pursuant to section 80C of the Building Act 1993 (the Act) is an appropriate method. This transfer must be initiated by the appointed PBS and follow procedure as detailed for the transfer of building surveyor functions.
Where the VBA receives an application for consent to terminate the appointment of a PBS and it is established that all parties are in agreement, unless there are ‘exceptional circumstances’, applicants will be referred to use the transfer of building surveyor functions.
‘Exceptional circumstances’ include resolving multiple appointments of different building surveyors for the same site, or where the initial building surveyor is no longer registered.
If a building surveyor does not agree to the termination of their appointment, the property owner should apply for consent to the termination. These requests will be considered in accordance with VBA Building Surveyor Termination Guidelines.