Rectification Orders

What is a Rectification Order?

A Rectification Order is a formal order from BPC requiring building work to be fixed or completed.

It may be issued where the work is:

• Incomplete
• Defective
• Non-compliant.

A Rectification Order is not automatic

A Rectification Order is one of a number of tools available to BPC. BPC will assess the matter and decide what action, if any, is appropriate in the circumstances. BPC will not consider issuing a Rectification Order in every case.

When might BPC consider a Rectification Order?

BPC may issue a Rectification Order where building work is incomplete, defective or non-compliant.

This predominantly includes after the construction work has finished, but in some cases this can include work during construction. BPC can issue a Rectification Order up to 10 years after:

• the issue of a certificate of final inspection
• the issue of an occupancy permit
• in the case of building work that does not require a building permit, the date of practical completion.

The BPC must consider whether to issue a Rectification Order requiring the rectification or completion of domestic building work before determining a Home Warranty claim.

Where assistance is not available under Home Warranty, the BPC prioritises considering Rectification Orders where there may be evidence of incomplete, non-compliant or defective building work relating to a major building element which:

• has caused or is likely to cause the building to be uninhabitable or prevent it from being used for its intended purpose
• has caused or is likely to cause the building or a part of the building to be destroyed
• has caused or is likely to cause the building or a part of the building to be under threat of collapse
• places, or is likely to place, a member of the public or occupant of the building at risk of death or serious injury.

Will I get notice before the BPC decides to issue a Rectification Order?

Yes. The BPC will typically notify you from the outset when it receives a complaint about incomplete, defective or non-compliant building work. You will generally be encouraged to try and resolve the issue with the person who made the complaint.

If the BPC decides to conduct an inspection, you may be invited to attend.

If the BPC is considering issuing a Rectification Order, BPC will generally give you notice and provide you with an opportunity to respond or provide information that may be considered before a decision is made.

Who can receive a Rectification Order?

A Rectification Order may be issued to one or more people, depending on who BPC considers responsible for the building work.

Depending on the circumstances, this could include:

• a builder
• a subcontractor
• a developer
• another person responsible for carrying out the building work.

If an order is issued to more than one person, those parties will be jointly and severally responsible for complying.

What can a Rectification Order include?

A Rectification Order will include:

• a summary of the building work that is the subject of the order
• a summary of what must be done, including any direction or standard that must be met
• the date the work must be completed by
• any conditions that apply.

How long do I have to comply?

The Rectification Order will state the process and period for compliance.

You must comply by the date set out in the order. In some circumstances the BPC may extend the compliance period. If you require more time to comply with the Rectification Order you should contact the BPC immediately with clear reasons why additional time is required.

What if I disagree with the Rectification Order?

You may apply to VCAT to review the decision to issue a Rectification Order. However, if you seek a review at VCAT you must still comply with the Rectification Order while the review is underway.

What happens if I do not comply?

If you do not comply with a Rectification Order, BPC may take further action.

Depending on the circumstances, this may include:

• disciplinary action
• immediate suspension of registration
• prosecution

The BPC may also recover costs associated with the preparation, issuance, administration or enforcement of the Rectification Order.

The BPC must publish the details of Rectification Orders that are not complied with on its Register of Building Practitioners.

Does work carried out under a Rectification Order need a building permit?

No, a building permit is not required to carry out building work required by a Rectification Order. However, if a person to whom a Rectification Order is given is required to be registered in a particular category or class of builder, or to hold a particular licence to carry out any work required by the order but is not so registered or does not hold the licence, the person must arrange for the work to be carried out by a person whose registration or licence authorises the person to carry out the work.

What if I think someone else is responsible?

You should raise that with BPC as part of your response to the proposed order and provide any supporting information.

BPC may issue an order to one or more people depending on the circumstances. If an order is issued to more than one person, all persons/ parties named in the order are jointly and severally responsible for compliance with the requirements of the order.