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Enforceable undertaking

An enforceable undertaking is a legally binding written agreement that a person voluntarily provides to another person or organisation. It sets out certain things the person agrees to do and/or refrain from doing.

Part 13 of the Building Act 1993 (the Building Act) gives us a general power to take enforceable undertakings and to enforce them in a court of law.

Agreeing to an undertaking can provide an alternative to other actions including investigations, prosecutions or disciplinary action.

Enforceable Undertakings may be agreed in a range of situations, including:

  • For homeowners to comply with a building order issued by a building surveyor
  • For building or plumbing practitioners to address a shortcoming in their performance, such as to successfully undertake training or improve business practices
  • To remedy defective works
  • Within the discipline show cause process for building practitioners

Register of Undertakings

Once an enforceable undertaking is accepted, a copy of the undertaking will be provided to the person and must be recorded on a Register of Undertakings.

The Register of Undertakings can be inspected by members of the public upon request.

When an accepted enforceable undertaking ends

An enforceable undertaking endpoint will be agreed in writing by us during the process of acceptance.

An endpoint could comprise one or more actions and/or a specific point in time or date.

Building show cause for enforceable undertaking

An enforceable undertaking is a legally binding written agreement that a person voluntarily provides to another person or organisation.

Part 13 of the Building Act 1993 (the Building Act) gives us a general power to take enforceable undertakings from practitioners and other persons.

However, under the Building Act, we may specifically accept a written undertaking from a building practitioner addressing issues raised in a show cause notice. The practitioner may agree to:

  • do a specified thing, or
  • refrain from doing a specified thing.

By providing an enforceable undertaking, the practitioner acknowledges that, if they do not comply with the undertaking:

  • legal action may be taken against them
  • they may also be subject to disciplinary action.

An enforceable undertaking can be given by any building practitioner, including a company with corporate registration.

Frequently asked questions

For more information

You can submit an enquiry or call us on 1300 067 088.

Last updated 30 June 2026
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