Show cause process for builders

The show cause process is one of the ways the BPC holds registered building practitioners accountable when concerns are raised about their conduct or work. For example builders, building companies, and building surveyors (including building surveyor companies).

It gives a builder the opportunity to respond before BPC decides whether disciplinary action should be taken.

What is a show cause process?

When we identify a non-compliance or unprofessional conduct by a building practitioner, we may start a show cause process under the Building Act 1993.

This process allows the practitioner to ‘show cause’ - to explain why proposed disciplinary action should not be taken.

This is a legal requirement. It ensures decisions are based on evidence and fairness.

The show cause process is between the BPC and the building practitioner. Evidence such as consumer reports or complaints is assessed by the BPC and then, together with any evidence the BPC has itself obtained, put to the practitioner. Consumers are not directly involved in the process.

1. Identification of breaches

A show cause process may begin after an alleged breach comes to the BPC’s attention because of:

• a report or complaint from a member of the community or another practitioner
• a failure to comply with an order or direction, including by VCAT, within dispute resolution, or notices issued by a Relevant Building Surveyor or by the BPC
• an inspection where a suspected non-compliance was observed
• an investigation into a practitioner’s conduct.

We triage reports and complaints according to the level of seriousness, the history of the practitioner, and other factors.

Not all matters will receive a disciplinary response. Some breaches might be dealt with through other processes.

2. Show cause notice issued

We issue a written notice to the building practitioner explaining:

• the alleged breaches (grounds)
• the proposed disciplinary action
• the facts and evidence supporting those grounds
• how and when the building practitioner can respond

The notice is issued when BPC reasonably believes that the grounds exist and disciplinary action may be appropriate.

3. Show cause period

Once the notice is issued, the show cause period begins. At least 14 days are allowed to respond to the notice. A longer period may be provided, such as for complex cases.

We accept both written and oral responses explaining the circumstances and any information or documents the practitioner wants  BPC to consider.

If a practitioner needs more time, they can request an extension during the show cause period.

Granting an extension is at BPC’s discretion.

4. BPC decision

Within 28 days after the show cause period, BPC will:

• consider any information or representations received, and
• decide whether disciplinary grounds still exist, and if so, what disciplinary action should be taken.

Any disciplinary action will be no greater than what was proposed in the notice. If the practitioner responds, BPC may take their explanation into account and consider a reduced outcome.

Decisions are made in line with relevant principles of fairness and proportionality and the legal requirements for discipline by regulators. This means taking the minimum action necessary to protect consumers and maintain industry integrity.

After a decision

If the practitioner disagrees with the outcome, they can:

• request an internal review by a BPC officer, independent of the decision, within 28 days of receiving the decision, or
• apply directly to VCAT for a review, depending on the decision type.

See Internal review for more information.

Why the process matters

The show cause process is set by legislation. It helps ensure:

• Building practitioners are treated fairly and transparently.
• Disciplinary decisions are based on evidence and due process.

Related information

• Disciplinary action
• Remedial measures
• Immediate suspension