Enforcement & prosecution


Each council is responsible for enforcement of the building standards of the Building Regulations within its district – except where the Building Act provides otherwise. For example, if a private building surveyor, the Victorian Building Authority or the Crown is carrying out regulatory functions it should not be necessary that these are duplicated by a council. Each council should have a position established under carefully considered policy for circumstances where a council is requested to become involved where there is another functionary.

Council’s enforcement role includes:

• standards of building work authorised by the municipal building surveyor
• building subdivisions where a private building surveyor is not carrying out functions
• standards of use authorised by occupancy permits
• building owner responsibilities re maintenance of essential safety measures
• building owner responsibilities re swimming pool safety
• building owner responsibilities re installation of domestic smoke alarms

In addition to the above, Council may bring proceedings for any offence against Part 3, 4, 5, 7 or 8 of the Building Act 1993 or the Building Regulations within the municipal district.

The Victorian Building Authority or any person authorised by the Minister or the Victorian Building Authority or a member of the police force may bring proceedings for any offence against the Building Act 1993 or the Building Regulations.