Section 33 notifications
Section 33 of the Building Act 1993 (the Act) requires a relevant building surveyor (RBS) to notify the VBA of any failure of a person named as the builder on a building permit to comply with the following requirements:
- The person that is named as the builder in a building permit issued for building work must ensure the relevant building surveyor is notified without delay of the completion of each mandatory notification stage of that work.
- The person that is named as the builder in a building permit issued for building work must ensure that person carrying out the building work stops carrying out that work or any part of that work on completion of a mandatory notification stage, if directed to do so by the relevant building surveyor.
It is a contravention by the RBS if they fail to notify the VBA of this offence as per the below:
- The relevant building surveyor must notify the Authority in the approved form (if any) of any failure of a person to comply with subsection (1) or (2).
Please complete the approved form and email this with the requested documentation to the referrals email. Please include 's33 Notification' in the subject line of the email.
The information and supporting documents enable the VBA to take prompt and proportional disciplinary action to improve compliance with the mandatory inspection process that is central to compliant building work during construction.
Failure to notify the VBA of a s33 contravention by a builder can be perceived as not acting in the public interest, or not acting impartially or independently, and having a conflict of interest (core principles of the Code of Conduct for Building Surveyors in Victoria).
What happens next
On receipt of a notification an assessment is made in consultation with a VBA Senior Technical Advisor regarding the severity of the matter.
If it is of a low risk and a first-time offence, we will issue a caution letter to the builder. The letter advises them of the offence and states that if a further s33 Notification is received, it may be referred to the Practitioner Discipline Unit for consideration.
If it is more serious or a repeat offence, the Practitioner Discipline Unit will consider issuing a disciplinary sanction to the builder.
The purpose is to change behaviour and ensure voluntary compliance by building practitioners.