Ending the appointment of a private building surveyor (Vic)

Building owners or building surveyors sometimes want to end their appointment arrangement or a situation may arise where the building surveyor cannot carry out his or her functions and duties under the Building Act 1993. If this situation arises, it is important to know the correct procedure to terminate the appointment of a private building surveyor.

Under the Building Act 1993, the appointment of a private building surveyor cannot be terminated without the written consent of the Building Commission. The Act is written to prevent a person terminating a building surveyor’s appointment for inappropriate reasons.

The Commission must consider requests for consent to terminate the appointment of a private building surveyor. The Commission does not have the authority to consider requests to terminate the appointment of a municipal building surveyor. In effect, the appointment of a municipal building surveyor cannot be terminated.

The Act is written to ensure that if a person that is dissatisfied with a building surveyor’s decision or professional advice provided as part of their role as the appointed building surveyor they cannot simply end their appointment. If a person disagrees with a building surveyor’s decision, they can appeal to the Building Appeals Board.

The Commission will only consent to the termination of an agreement, when the reasons are in accordance with the Act and the Building Commission’s policy . There must also be no indication that the request is being made because of a dispute between the applicant and the building surveyor.

Some of the reasons that the Commission may accept include:

• The building surveyor is no longer registered;
• The building surveyor has retired or is insolvent;
• The building surveyor has left the employment of the company that is providing the building surveying service.

The Building Commission will have no role in choosing or appointing a new building surveyor but the Commission may give written directions to facilitate the transfer of functions to the new building surveyor.

It is important to note that if a building surveyors appointment is terminated, a new building surveyor should require written evidence of the Commission’s consent before taking on a project. If a building surveyor is appointed without terminating the first appointment, then this may make the second appointment invalid including any inspections carried out and certificates issued whilst the first surveyor remained responsible.

When applying to the Commission for a termination of appointment, the request must be in writing, with any supporting evidence attached. If a second building surveyor has been selected (but not appointed) it may assist the Building Commission to be advised who the new building surveyor will be.

For further information HIA members can contact HIA’s Building Services staff on 1300 650 620 or vic_technical@hia.com.au .

If you would like to become a HIA member, contact 1300 650 620 or enquiry@hia.com.au

Ref No. VIC LIC 09-03

The above is intended to provide general information in summary form. The contents do not constitute specific advice and should not be relied upon as such. Formal specific advice should be sought by members with respect to particular matters before taking action.  ABN 99 004 631 752