Latest Changes to the Building Regulations and the Builders Registration
As many of you are aware, the Victorian Government has been implementing changes to the Building Industry by amending Building Regulations and the Act.
You might recall that the most significant changes that Victoria saw last year was the introduction of a new dispute resolution forum (DBDRV), making building without a permit an indictable offence, and taking away builders’ ability to engage a relevant building surveyor on behalf of the owner.
This year is greeting us with further changes, albeit not as numerous and as drastic as last year’s actions.
The most significant and fascinating change will come into force on 1 July 2018. This change is a company registration as a building practitioner.
You may be a registered building practitioner and a director of a company that is in the business of constructing residential buildings. Up until 1 July 2018 you will be able to use that company as a contractual party to construct dwellings. From 1 July 2018 unless the company is registered as a building practitioner, all contracts will need to be in your personal name and the building permits will need to be obtained in the same manner.
There are 3 ways that the company can become a registered building practitioner, namely:
(1) Automatic registration – if you are a current building practitioner who holds all up to date relevant domestic builder registrations, statutory warranty insurance and carries out building works in the preceding period to the commencement of the new regulations and all directors satisfy the authority’s financial and personal integrity requirements;
(2) By opting in to register - if you are a current building practitioner who holds all up to date relevant registrations which are other than domestic builder, all directors satisfy the authority’s financial and personal integrity requirements and you complete the Opt In To Company Registration form before 1 June 2018; or
(3) If your company cannot be automatically registered or be opted in, then you will need to submit an application after 1 July 2018 to the Victorian Building Authority.
Please note that any contracts that you entered into before 1 July 2018 in the company name can be continued as long as one director has a current domestic builder’s registration.
For more information please call us at (03) 9555 7233 or email us at email@example.com.
This article provides information that is general in nature and is not a substitute for legal advice.