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What you need to know about mandatory notifications

Everybody in the building system has a part to play in ensuring a safe and compliant building industry.

In FY22-23, the Victorian Building Authority (VBA) received 144 referrals for practitioners, primarily builders, who failed to comply with regulatory requirements for mandatory notifications. Most disciplinary action for mandatory notifications is related to builders failing to notify the Relevant Building Surveyor (RBS) and proceeding beyond this stage. Other problems have been identified through the VBA’s audits, inspections, complaints, and discipline programs, along with the industry stakeholder feedback. These include:

  • All required mandatory notification stages not being recorded on the building permit.
  • The builder not notifying the RBS but another practitioner (inspector/engineer) of reaching the mandatory notification stage.
  • The RBS not ordering the building work to be inspected.
  • Mandatory inspections not being undertaken in person.

The Building Act 1993 (the Act) and Regulations set out the requirements for mandatory notifications. Further information about the requirements are detailed in VBA practice note MI 01 | Mandatory Notification Stages and Inspection of Building Work (PDF, 224.79 KB).

Building practitioners should familiarise themselves with their regulatory obligations and ensure they are complying. The following sections contain a summarised list of what each party in the process can do to play their part. The list is not exhaustive and is not intended to be a substitute for regulatory requirements.

Builders  & Site supervisors/managers

Builders and site supervisor/managers can play their part by:

  • Understanding what mandatory notification stages are nominated on the building permit and communicating to contractors key notification stages.
  • Notifying the RBS of reaching the mandatory notification stage. The RBS can cause the inspection, even if it has been agreed that the inspection will be delegated to another person, such as an inspector or engineer.
  • Not proceeding past the mandatory notification stage.
  • Ensuring that any contracts include requirements for inspections to be undertaken in accordance with regulation 173 and 174.
  • Complying with any direction to fix or stop works orders.

RBS/DBS/MBS

RBS, Designated Building Surveyors (DBS), Municipal Building Surveyors (MBS) and Private Building Surveying Companies (PBSC) can play their part by:

  • Ensuring all mandatory notifications are listed on ‘Form 2: Issuing a Building Permit’, including where it incorporates multiple types of building work (e.g., construction of a swimming pool, retaining walls, dwelling and demolition and construction of a new shed), and the relevant notification specific to that type of work are listed.
  • Considering whether any inspections should occur in addition to the prescribed mandatory notification stages and list these as conditions of the permit.
  • Ensuring that the builder understands and calls for the inspections.
  • Where causing a person specified under section 35B of the Act to inspect on their behalf, ensuring they are registered as a building surveyor or inspector; that they are authorised under their registration to carry out the inspection, or a prescribed person to carry out a prescribed class of inspection, in regulation 174.
  • Ensure all inspections at mandatory notification stages are carried out in person (section 34).
  • Where delegating the inspection, cause that person to carry out the inspection e.g., not allowing the builder to go directly to the engineer.
  • Where the RBS causes a person specified in section 35B to inspect the work on their behalf, the RBS remains responsible for the proper inspection of the work. The RBS should:
  • Satisfy themselves that the person holds relevant and adequate experience to undertake the inspection.
  • Satisfy themselves that the person will undertake a thorough inspection to check the building work complies with the Act, Regulations and building permit.
  • Put in place procedures to ensure the required record of the inspection is made and given to the RBS promptly.
  • Put in place procedures to ensure the person notifies the RBS promptly about any building work that does not comply with the Act, Regulations or building permit.
  • Ensure a record of inspection, containing the prescribed information specified in regulation 173, is made for all inspections carried out under section 34 or 35 of the Act (section 35A(1)).
  • If non-compliant building work is identified after an inspection, the direction to fix process must be undertaken. Refer to Practice Note NO 02 – Directions to Fix Building Work.
  • Report completion of mandatory notifications in BAMS as required by regulation 47.
  • Report to the VBA any breaches of the mandatory notification stages using the Section 33 - Notification to the VBA approved form (PDF, 1444.84 KB)
  • On receipt of a written request from a person in section 35(2), the RBS must give a copy of a record made, under subsection (1), to that person.

Building inspectors/swimming pool inspectors/Prescribed person pursuant to regulation 174

Persons who may carry out an inspection of building work on behalf of an RBS, are set out in section 35B. This person must be either an appropriately registered building surveyor or building inspector, or a prescribed person pursuant to regulation 174 of the Regulations. Inspectors can play their part by:

  • Ensuring they have the right skills and registration to carry out the inspection.
  • Inspect all elements as required.
  • Providing the RBS with a record of inspection containing the prescribed information specified in regulation 173.
  • Only being engaged by the RBS, and must act on behalf of the RBS, and under their direction.
  • Not approving variations to the building permit or approving works that do not comply with the Act, Regulations and building permit.

Engineers

Engineers can play their part by:

  • Ensuring they have the right skills and registration to carry out the inspection.
  • Inspecting all elements as required.
  • When undertaking a mandatory inspection, provide the RBS with a record of inspection containing the prescribed information specified in regulation 173.
  • Being clear when entering contracts as to whether they include any mandatory notification stage inspection or general inspection.
  • Being clear about whether an inspection they are undertaking is a mandatory inspection that will be compliant with regulation 173 and 174 or a general inspection.
  • Ensuring the RBS has accepted them to inspect a mandatory inspection stage in lieu of the RBS as per section 35 and 35B of the Act.

Contract managers

Contract Managers can play their part by:

  • Ensuring any contracts that include requirements for inspections to be undertaken at mandatory notification stages are stipulated as being in accordance with regulation 173 and 174.
  • Being clear when entering contracts to whether they include any mandatory notification stage inspection or general inspection.
  • Understanding the requirements for mandatory inspections.

Sub-contractors

Sub-Contractors can play their part by:

  • Understanding the requirements for mandatory inspections and how it impacts the work they are doing.
  • Being clear when entering contracts to whether they include any mandatory notification stage inspection or general inspection and notifying relevant parties at appropriate stages.

Owners/Developers

Owners/Developers can play their part by:

  • Understanding the requirements for mandatory inspections.
  • Ensuring any contracts entered are clear about whether they include any mandatory notification stage inspection or general inspection and clarifying with the builder if required.
  • Requesting copies of the inspection certificates from the builder following mandatory stage inspections.

Architects/designers/Consultants

Architects/Designers/Consultants can play their part by:

  • Understanding the requirements for mandatory inspections.
  • Ensuring any contracts entered are clear about whether they include any mandatory notification stage inspection or general inspection.

Council

Councils can play their part by:

  • Maintaining inspection records.
  • Reporting any breaches of mandatory notification stages.
  • Taking enforcement action, including investigating illegal building works.

VBA

The VBA will play its part by:

  • Taking action against practitioners for breaches of mandatory notification stages.
  • Educating industry on mandatory notification.
  • Monitoring industry’s performance.
  • Addressing referrals from building surveyors for failure of builders or owners to comply with Directions to Fix or building orders.