Industry alert: Builder compliance with direction to fix building work

If building work is identified as not compliant at an inspection, the RBS is obliged by law to give a DTF.

Section 37K of the Building Act 1993 requires the relevant building surveyor to notify the VBA when a builder fails to comply with a written DTF, within seven days after the final date for compliance specified in the direction.

If you receive a written DTF and cannot comply in the timeframe specified, you need to ask for an extension from the RBS prior to expiry of the timeframe.  You may lodge an appeal with the Building Appeals Board if you dispute the DTF.

Ensuring that building work is compliant with the building permitand the relevant Building Regulations from the outset can prevent delays, additional costs, disputes, disciplinary sanctions, and reputational damage.

Between April 2020 and December 2022, the VBA took formal disciplinary action 35 times on builders for failing to comply with a written DTF, imposing financial penalties and reprimands. Where DTFs were outstanding at the date of decision, registrations were also suspended pending compliance. 

Learn more by heading to the VBA’s guidance page on Directions to Fix notifications.