Industry alert: Building surveyor compliance with direction to fix building work

Section 37K of the Building Act 1993 requires the RBS 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.

Where a DTF can be enforced, the VBA prioritises disciplinary action against the builder to hold them to account for the rectification of non-compliant building work and to support the RBS in carrying out their function.

Builder awareness of the enforcement actions for non-compliance with a DTF deters future non-compliance, improving industry performance and consumer protections, while preventing enforcement on the property owner.

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. 

Where both rectification of building work and documentation to prove compliance is required, the RBS is reminded to use the DTF for any building work component. This will ensure compliance with Section 118A of the Act, in that only matters that cannot be addressed through the DTF pathway proceed straight to a Building Notice.

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