A Private Building Surveyor (PBS) may transfer their functions to another PBS or a Municipal Building Surveyor permanently or for a fixed period under section 80C of the Building Act 1993 (the Act). You do not need our consent to do this.
As a PBS you may wish to transfer your functions for reasons such as taking extended leave, relocating your business, ill health or retirement, or by agreement with your client.
Requirements for transfer of functions
The transfer of functions must be initiated by the PBS.
The person who appointed the PBS cannot initiate a transfer. A PBS may agree to initiate a transfer if all three parties agree. A consumer can seek consent from the Authority to terminate the appointment of a PBS if the PBS does not agree to a transfer. See Ending the appointment of a private building surveyor.
To transfer their functions to another PBS (or a Municipal Building Surveyor), there must be agreement by the person who appointed them and the new building surveyor.
A transfer may only occur where the new building surveyor is registered in the appropriate category and there is agreement from the person who appointed the original PBS and the new building surveyor.
Transfer of functions process
If your transfer relates to a single site, please follow the process below.
To transfer building surveyor functions, the transferring building surveyor must:
Gain consent to the transfer from both the new building surveyor and the person who appointed the original building surveyor.
Complete their section of the Authority to Transfer form.
Log on to BAMS and select ‘Transfer of Function’.
Select the Transfer of Function button.
Complete the online form and upload the completed Authority to Transfer Form.
If various open building permits will be transferred to different building surveyors, a separate Authority to Transfer form - single site transfers will need to be completed for each new building surveyor receiving the functions transferred.
Select ‘Next’ and a case will be created and assigned to a BPC staff member.
The transfer of building surveyor functions takes effect on the latest of:
the date a copy of the Transfer Form is given to the BPC
the date specified in the Transfer Form on which the transfer is to take effect.
If your transfer relates to two or more sites, please follow the process below.
To transfer building surveyor functions, the transferring building surveyor must:
Email us at transfers@bpc.vic.gov.au to request a Transfer List. This list will contain the details of all open building permits that have been previously reported to the BPC via the monthly levy return process. This list will be assigned to the private building surveyor who made the request, so they can identify the permits subject to a transfer.
Gain consent to the transfer from both the new building surveyor and the person who appointed the original building surveyor.
Provide the Transfer List and completed Authority to Transfer Form to the new building surveyor.
If various open building permits will be transferred to different building surveyors, a separate Authority to Transfer Form will need to be completed for each new building surveyor receiving the functions transferred.
After receiving the Transfer List and Authority to Transfer form, the new building surveyor must:
Complete their section of the Authority to Transfer form.
Log on to BAMS and select ‘Transfer of Function’.
Complete the online form and upload both the Transfer List and completed Authority to Transfer Form.
Email the Transfer List and completed Authority to Transfer Form to the BPC - transfers@bpc.vic.gov.au.
Provide a copy of the completed Authority to Transfer Form, as well as details of the relevant building permits and appointments, to the relevant council, builder, owner and/or agent.
The new building surveyor will need to check with the relevant Council as to their notification process.
The transfer of building surveyor functions takes effect on the latest of:
the date a copy of the transfer form is given to the BPC
the date specified in the transfer form on which the transfer is to take effect.
Directions to transfer functions – 80D(1)
The Act allows us to direct a registered building surveyor who has employed or engaged a person to act as a PBS to transfer all functions under the Act or the Building Regulations to another PBS employed or engaged by the registered building surveyor.
We may direct a registered building surveyor who has employed or engaged a person as a ‘designated building surveyor’ to transfer all functions being carried out by the designated building surveyor to another designated building surveyor employed or engaged by the registered building surveyor.
The Act specifies the circumstances that will allow us to direct the transfer of building surveyor functions. These include:
suspension or cancellation of the registration of the employee building surveyor or designated building surveyor
circumstances where the employee building survey or designated building surveyor:
has died
is in prison
has become a represented person
has become insolvent under administration
in our opinion, is incapable of carrying out the work because the building surveyor is mentally or physically infirm or for any other reason
in our opinion, has ceased to carry out the functions of a private building surveyor or a designated building surveyor.
The direction will be in writing and may specify a period within which the functions are to be transferred.
A registered building surveyor must comply with our direction and must notify:
in the case of transfer of functions from a PBS, the person who appointed the PBS
in all other cases, the relevant Council.
Frequently asked questions
No. The transfer of PBS functions must be initiated by the PBS. If the PBS does not agree to a transfer and you wish to engage another building surveyor, you must first seek consent from us to terminate the appointment of the PBS, this will only be granted in limited circumstances.
You cannot appoint a new building surveyor without terminating the appointment of the first building surveyor. If the appointment of a PBS is terminated with our consent, a PBS or MBS must not complete the first PBS’s functions in respect of the building work without our written consent.
Before accepting the transfer of functions and appointment, the new building surveyor should consider relevant matters, including whether any enforcement action or directions to fix apply to the building or land. The transfer process is not recommended where enforcement action or compliance issues are present.
Section 80C of the Act enables a transfer of functions by a PBS to another building surveyor (refer to (1) for guidelines on circumstances for when this may be appropriate) subject to agreement by the person who appointed the transferring building surveyor and the new relevant building surveyor. If these parties do not agree, then a transfer under this provision cannot be performed.
This wording allows for the agent of the owner who carried out the initial appointment of the building surveyor to agree to the section 80C transfer of functions.
Consideration may be given to lodging an application with us for the termination of appointment of a PBS in the circumstances listed. Where a dispute is in effect, it may also be possible to refer the dispute to the Building Appeals Board for assistance in resolving the matter.
No. Where a building surveyor becomes responsible for a building permit issued by another building surveyor, the original building permit number is to be referenced for administrative purposes.
There is no specified time in which the transfer form must be given to us. However, a transfer does not take effect until the later date that the transfer form is given to us or the date specified in the transfer form (if any) on which the transfer is to take effect.
No, after receiving a copy of a transfer form from the new relevant building surveyor, we will notify the relevant council of the transfer.
The Act does not impose any additional fees on the process associated with the transfer of functions between building surveyors. However, depending on the circumstances, additional costs may be charged by the new building surveyor for their services. Relevant parties need to discuss and agree on fees prior to effecting the transfer.
Yes. This process is available to all PBSs, and a body corporate registered as a Building Surveyor can accept appointment as a PBS. We will direct the transfer of Building Surveyor functions under Section 80D of the Building Act 1993.
We may only direct the transfer of functions to another employee or designated Building Surveyor within the same company under the following circumstances:
where the registration of an employee or designated Building Surveyor has been suspended, or cancelled
the employee or designated Building Surveyor has died, been imprisoned, become a represented person under the Guardianship and Administration Act (1986) or has become an insolvent under administration
the employee or designated Building Surveyor, in our opinion, is incapable of, or has ceased to carry out, the functions of a Building Surveyor.
