Acting as an agent (Vic)

It is quite common for building practitioners to be involved in the planning or building application process, either through making the application, referring or appealing on behalf of the owner.

If you are a builder applying for the building permit, and do not own the land, you are acting as an agent for the owner.

Section 248 of the Building Act 1993 requires that a person must not act on behalf of the owner of a building or land for the purpose of making an application, appeal or referral under the Act or the Building Regulations 2006, unless the person is authorised to do so. 

The Building Commission from time to time will conduct audits of building practitioners to ensure they are complying with the provisions of the Act and regulations and one area under focus is building applications made on behalf of owners. 

Builders must ensure they have permission from owners along with their signature, before applying for the building permit, or making an appeal or referral. Penalties may apply if certain provisions under The Building Act 1993 (the Act) are not met. 

So do not assume that simply entering into a contract with an owner will give the right to act as an agent for the purpose of applying for a building permit. You must ensure as part of the contract administration process that you get permission and this will help you avoid costly penalties.

For further information HIA members can contact HIA’s Building Services staff on 1300 650 620 or hia_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 LEG 08-11

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