From September 1 2016, a domestic builder must not appoint a Private Building Surveyor for domestic building work.

This change applies to domestic building work only, and does not prevent other practitioners acting on behalf of an owner to appoint a Private Building Surveyor.

The amendments will require an owner or agent of owner to appoint a Registered Building Surveyor, (for the purposes of appointing the private building surveyor, the builder cannot be the agent). Whilst there are no laws around a builder recommending an RBS, it could evade the intent of the amendment, which was consumer protection.

Penalties will apply to buildings and Building Surveyors found in breach of this amendment.

Note that the new law will not affect contracts entered into prior to 1 September 2016.


VBA Fact Sheet