Statutory referrals for enforcement tools

As a Relevant Building Surveyor (RBS), you must let us know when:

• a builder fails to comply with a DTF issued under s 37K of the Act.
• an owner fails to comply with a BOs issued under:
  • s 111 of the Act (Building orders – general)
  • s 112 of the Act (Building orders to stop building work)
  • s 113 of the Act (Building orders – minor work).

Your statutory referrals to the BPC must be prompt

• For a DTF, the referral must be within seven days of the compliance date (s37K).
• For a Building Order, the referral must within 14 days of the compliance date (s115).

It must also be complete and clearly explained, with supporting documents.

For a Building Order, once you have made the referral, you must take no further action on the matter. You still hold responsibility for other compliance matters at the site.

Referrals are accepted via the portal

You cannot save and return to the form. Have everything ready before you start.

Be prepared and understand how to use the referral portal.

Who can complete the form?

Following legal requirements, only the Relevant Building surveyor (RBS) can submit a referral.

The portal may permit other staff to prepare a referral and to make the lodgement. The RBS is accountable for overseeing the lodgement and making a declaration when it is submitted by them directly or via their agent.

Checklist for DTF and BO referrals

Before referring a Direction to Fix or Building Order to the BPC use this checklist to review your documents for accuracy and completeness.

Requirements to refer non-compliant DTFs

The referral form prompts you to address some key points when you refer a DTF to us. You will be expected to:

• Confirm that the compliance period has expired and that the referral is within the 7-day timeframe.
• Provide details and proof of how the notice/order was served (for example, email, registered post, or personal service)
• Confirm that no occupancy permit or certificate of final inspection has been issued.
• If further work is required, provide confirmation that a valid building permit is in place.
• Summarise the builder’s response to the DTF, any actions they’ve taken to comply, and any known reasons for non-compliance.
• Clarify whether the DTF has progressed to a building notice or order.
• If there is a life-safety concern, provide confirmation that the Municipal Building Surveyor has been notified.

Documents to provide with your DTF referral

• A copy of the building notice or order (if applicable)
• A copy of the building permit
• Method and proof of service
• A copy of the DTF
• Any relevant reference documents (if applicable)
• Records relating to builder responses and actions

Requirements to refer non-compliant Building Orders

The referral form prompts you to address some key points when you refer a Building Order to us. You will be expected to:

• Confirm whether a building notice (s106 of the Act) has been issued.
• Confirm that the compliance period has expired and the referral is within the 14-day timeframe. Include details if an extension of time was granted.
• Provide details and proof of how the [notice/order] was served (for example, email, registered post, personal service)
• Provide information or documents relating to property ownership (for example, Council confirmation, current rates notice, certificate of title).
• Describe how the building order was not followed, for example works not carried out as per the order, or building work done after a stop work order.
• Summarise key information that may help manage the referral, such as known disputes between the owner and builder, past compliance issues or problems engaging with the owner.

Documents to provide with your BO referral

• A copy of the building order
• A copy of the building notice (if applicable)
• A copy of the building permit (if applicable)
• Method and proof of service
• Any relevant reference documents, including photographs (if applicable)
• Evidence of property ownership, such as the title
• Records relating to builder or owner responses and actions

What happens when you refer a DTF or BO

When we receive a referral, we:

• May communicate with the builder or owner to let them know the matter has been escalated to us, and possible enforcement responses
• Assess whether the order is enforceable, and the associated level of risk.

The Act and Regulations set out specific requirements. If those requirements are not met, we may not be able to take the matter further or progress with enforcement.

If we cannot act on your referral:

• We will contact you explaining why the order is not enforceable. The feedback will help you understand the legislative requirements and support you to progress enforcement.
• For administrative drafting or service issues, we may direct you to rectify the instrument to ensure its lawfulness.
• If we can take any actions despite enforceability issues, we may discuss these with you.

If the building work is fixed after the referral

If the person has complied with the building order or DTF after you referred it to us, please let us know at referrals@bpc.vic.gov.au.