Building Surveyors are required by law to issue a direction to fix building works if after an inspection, the RBS believes that the works do not comply with the Act, the Regulations or the permit issued.

Building Surveyors are no longer required to follow an oral direction with a written direction, or issue an oral direction before issuing a written direction. However if after 7 days, the oral direction is not complied with, a written direction must be issued.

The “Written Direction to Fix Building Work” includes a time frame within which the works must be corrected by. If the builder fails to comply with the direction; the Building Surveyor must notify the VBA and the owner, in writing. 500 penalty units will apply to the builder, with the value of a penalty being $151.67, this equates to a fine of $75,835.

It is noted also that it is an offence to request or receive payment in relation to complying with a direction. 50 penalty units will apply in this circumstance, equating to $7,583.50

The VBA, or a person authorised by the VBA, also has the authority to issue a written direction to fix building works

pdfFact Sheet