Statutory referrals for inspection notifications

Section 33 referrals

As a Relevant Building Surveyor (RBS), you must notify us when the builder named on the permit does not:

• Inform you of a mandatory notification stage
• Stop when directed (or required by the permit to stop) at this stage

Your referral must be prompt. This helps the BPC to support you to address the issue and minimise future risks.

Valid referrals are accepted via the portal

To be valid, a section 33 referral must be done in the approved form. These forms are now accessed within the referral portal:

• A builder’s failure to notify - section 33(1)
• A builder's failure to stop when directed or required by the permit - section 33(2)

In rare cases, both scenarios may apply, and each form must be completed separately.

Section 33 does not apply where:

• building works are unlawful e.g. not done under a building permit
• building works are outside of the scope of the permit, but required notifications were made or work was stopped where directed. Such breaches need to be addressed through enforcement tools such as the DTF
• the builder notified of the mandatory notification stage, and the RBS did not direct the builder to stop work, and the builder continued work
• notification issues for stages of work not covered by the mandatory notification requirements of the Act and the Building Regulations

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

For valid section 33 referrals, read 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. However, the RBS is accountable to oversee the lodgement and makes a declaration when it is submitted by them directly, or via their agent.

Requirements for inspection notifications

The referral form prompts you to address some key points when making the notification. The notification is the primary evidence the BPC relies on to take enforcement action.

To be legally valid, the notification description needs to cover 3 aspects clearly:

• Which stages were not notified, or where work continued, and how the stages relate to the regulations and to the permit
• How you came to know of the stage or work progressing, what you or your building inspector observed, how you instructed the builder, and what happened next
• Enforcement actions taken, including directions or notices

It needs to be supported by relevant documents.

Without this information, we cannot take effective enforcement action to support you.

The following sections explain how these topics are covered in the referral form, and how to complete it properly.

Define the permit stages

You will need to describe the stage or stages of the permit that were missed, or where work continued when it should have stopped.

A checklist is provided when you complete the form that aligns to the relevant stages of the regulations. You need to identify these, as this defines the breach of the Act that the BPC can act against. You also need to link the regulation terms to the terms in the building permit.

You will be asked to:

• Provide the wording exactly as it appears in the permit
• Link the stage in the permit to how it is listed in the Regulations, aligning terminology so the connection is clear
• Supply a copy of the permit so the details can be verified

Clearly and completely explain what happened

Depending on the referral type, you will need to complete statements that can cover how you:

• Found out the builder didn’t notify you
• Directed the builder to stop work (including when this was a requirement of the building permit)
• Found out works continued, and what the works were.

It is essential that these statements are robust and complete, covering things like:

• Dates and times
• People involved, and their positions
• How observations were made and recorded
• Methods of communication and parties involved.
• Without this information, the BPC may be unable to take enforcement action

Make a clear statement

The following points outline a suggested format for clearly recording how a notification was made, the action taken, the inspection activity, and the background to the event. This approach applies to all statements.

1. Record the notification

On [insert date], [insert name and position of builder’s representative or other person] phoned or emailed to notify that the mandatory notification stage of [insert name of stage] was completed.

2. Record your action

Because of that notification, I arranged an inspection of the building work at that stage by [insert inspector’s name].

3. Record the inspection

When [inspector’s name] attended the site on [insert date], they observed that [insert description of what was observed]. They provided me with a record of inspection and photos taken during the inspection.

4. Record the status of notifications

At the time of this notification, I had not previously been notified of the completion of the [insert relevant mandatory notification stage(s)].

Example of a clear statement

On Monday 12 May 2025, Sarah Johnson, Site Manager for BuildSmart Constructions Pty Ltd, phoned me to notify me that the mandatory notification stage of the slab inspection was completed. Because of that notification, I arranged an inspection of the building work at that stage by Michael Lee, Building Inspector.

When Michael Lee attended the site on Tuesday 13 May 2025, he observed that the concrete slab had already been poured without inspection of the reinforcement or formwork. He provided me with a record of inspection and photos taken during the inspection. At the time of this notification, I had not previously been notified of the completion of the slab stage.

Example of an invalid statement

The builder told me the stage was done. I didn’t get any earlier notice about it. I sent an inspector to have a look. They saw some activity on site and captured photos.

Provide relevant documents

The section 33 notification also relies on documents that establish the offence, including:

• The requirements of the permit
• The parties involved, including the appointment of the RBS
• The history of the site and the events around the notification

Documents to provide with your referral may include:

• Endorsed copies of building permits, including any amendments
• Inspection records, file notes, or other relevant material, such as photos
• Notices related to appointing a relevant or designated building surveyor (if applicable)
• Evidence relating to the failure to notify or stop
• Written direction to stop work
• Notes from any oral directions
• Enforcement  actions (if applicable)
• Provide details and proof of how the (notice/order) was served, for example, email, registered post, or personal service
• Outcomes of notices, orders or directions (if applicable)
• Notices related to appointing a relevant or designated building surveyor (if applicable)