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Building surveyor referrals of danger to life or property

The Victorian Building Authority (VBA) reminds relevant building surveyors (RBS) of their obligations under rule 2.5.1 of the Code of Conduct for Building Surveyors (the Code) to consider the most appropriate enforcement action and to refer any matter of danger to life or property to the Municipal Building Surveyor (MBS).

Currently, some statutory referrals made to VBA from the RBS appear to relate to matters with potential 'danger to life or property', where it is not clear whether the RBS has alerted the MBS to this situation when it was first evident.

This most commonly occurs with referred Buildings Orders for non-compliant swimming pool barriers.

In addition to issuing relevant directions and orders, the RBS is best placed to assess whether a potential 'danger to life or property' exists that may warrant an Emergency Order to address the immediate risk, and to therefore bring these to the attention of Council where necessary, considering the nature of the risk.

For swimming pool barriers, the RBS may choose to have regard to matters such as the following when deciding whether to advise the MBS:

  • Any absence of a barrier, partial or full.
  • The extent of the non-compliance in any existing barrier and the risk this creates.
  • The general accessibility to the pool.

Obligations under the Code:

2.5.1 Always taking action where non-compliance is found on a building site by considering whether it is appropriate to issue a direction to fix, notice or order, or referring a matter of danger to life or property to the municipal building surveyor to consider the issue of an emergency order.

Rule 2.5.2 of the code of conduct places the following obligation on the Municipal Building Surveyor:

2.5.2 As the municipal building surveyor, making sure you are proactive and take prompt enforcement action when you consider there is a danger to life or property in your local council area.