Building Surveyor (unlimited) with conditions and relationship to MBS function

A person holding the registration of Building Surveyor - Unlimited registration (BS-U) with conditions cannot undertake all the required functions and therefore, cannot be a municipal building surveyor (MBS) under the Building Act 1993 (the Act).

A Federal Court decision under the Commonwealth Mutual Recognition Act 1992 has required a review of our position on building surveyors seeking registration from other Australian states and territories. As a result of the Court case, we consider the occupation of building surveying to be equivalent across all Australian jurisdictions.

In assessing equivalence, there are circumstances where other jurisdictions have a broader scope of works to the Victorian Building Surveyor – Limited (BS-L) classification, such as no limitation on floor area or storeys for a class 1 and 10 building. In these circumstances, we must grant a BS-U with conditions, as it is not possible to grant additional scope from a BS-L.

The presence of building surveyors who hold the BS-U with conditions may create uncertainty with fulfilling the MBS requirement under the Act. Under s213 ‘Appointment of MBS’, the person must hold a registration that enables them to carry out all the functions of an MBS.