Victoria

Building Order for Minor Work

Building Order for Minor Work: System

The Building Surveyor under various sections of the Building Act 1993 has a significant role in the ‘enforcement procedures’ to ensure compliance is achieved or public safety and health are not endangered. A building surveyor can issue an emergency order, building notice, building order to stop work and a building order for minor work.

A private building surveyor can issue all the above building notice and building order except for an emergency order, of which only a municipal building surveyor can issue under the Building Act 1993.

Building Order for Minor Work: Issuing

A building order for minor works is issued under section 113 of the Building Act 1993 by the building surveyor. Section 113 states:

113 Building orders-minor work

Subject to section 107 of the Building Act 1993, a municipal building surveyor or a private building surveyor may make a building order requiring building work, protection work or other work required by the regulations to be carried out without first serving a building notice if the building surveyor is of the opinion that the work required to be carried out is of a minor nature.

When a building surveyor issues a building order for minor works the building surveyor has already made a decision that the work is of a minor nature. The type of order does not require a building notice to be issued prior to serving under the Building Act 1993.

Building Order for Minor Work: Serving

The Building Act 1993 is precise in the methods to be adopted in issuing a Building Order for Minor Work. Section 236 of the Building Act 1993 states:

236 Service of documents-generally

(1) Any document (building order for minor works) to be served on or given to a person under this Act or the regulations may be served on or given to the person by-

(a) delivering the document to the person; or

(b) leaving the document at the person’s usual or last known place of residence or business with a person apparently not less than 16 years of age and apparently residing or employed at that place; or

(c) sending the document by post addressed to the person at the person’s usual or last known place of residence or business or in any other prescribed manner.

(2) A building order made under section 112 of the Building Act 1993 may be served on any person apparently in charge of the site on which building work is carried out.

(3) If a document (building order for minor works) is to be served on or given to the owner or occupier of any land and the name of that person is not known the document may be addressed to “the owner” or “the occupier”.

(4) If a document (building order for minor works) is to be served on or given to the owner or occupier of any land, the document may be put up in a conspicuous position on the land if the name and address of the owner are not known and there is no occupier of the land.

(5) If the owner has authorised a person to act on behalf of the owner under this Act or the regulations, any document (building order for minor works) served on or given to that person under this Act or the regulations is deemed to have been served on or given to the owner.

(6) If a document (building order for minor works) to be served on or given to an owner or occupier of any land is properly served on or given to the owner or occupier of the land the document is binding on every subsequent owner or occupier of the land.