Victoria

Building Infringement Notice

Building Infringement Notice System: Building Regulations 2006

The Building Regulations 2006 prescribes certain officers to be able to issue a building infringement notice, these being the Building Commissioner, the Chief Fire Officer and Municipal Building Surveyor.

The Building Act 1993 allow the authorised officers mentioned above to be able to issue a building infringement notice on existing buildings not undergoing any building works. This relates to all the regulations nominated in Part 12 – Maintenance of Buildings in the Building Regulations 2006.

The Building Act 1993 in section 255 cover building infringement notice:

255 Building infringements (Issuing a Building Infringement Notice)

(1) An authorised officer may serve a building infringement notice on the owner or the occupier of any building or land or any person carrying out building work, if the authorised officer has reason to believe that that person has committed a prescribed offence in respect of the building or land.

An ‘or’ between the entities mentioned above allows a building infringement notice to be issued to each entity separately without connection to a person carrying out building work.

Building Regulations 2006 Part 17 (Building Infringement Notice) states:

1701 Application

This Part applies to all buildings and places of public entertainment whenever constructed.

1702 Authorised officers (allowed to issue a building infringement notice)

The office or class of officers for the purposes of the definition of authorised officer in section 254 of the Act are-
(a) the Commissioner, for offences against regulations 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218; and
(b) the chief officer, for offences against regulations 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218; and
(c) the municipal building surveyor, for offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218.

Prescribed financial penalties apply (on the spot fines) when an infringement notice (building infringement notice) is issued under the Building Regulations 2006. The building infringement notice should be attended to by the recipient as the authorised officer under the Building Act 1993 and the Building Regulations 2006 can escalate the process above a building infringement notice level.