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Understanding building lodgements and permit breaches

Learn about Section 30, 80, and 73 lodgements and how they impact building projects. Discover the role of private building surveyors, how to address permit breaches, and ensure compliance with building regulations.

For the general public

Why this matters to you

Private building surveyors play a crucial role in ensuring construction projects meet safety and compliance standards. As a homeowner, builder, or property buyer, understanding their responsibilities helps you:

  • Ensure your project follows legal requirements
  • Avoid delays or fines due to non-compliance
  • Know your rights and responsibilities if issues arise

By being informed, you can better navigate building processes and address concerns promptly.

Lodgements: Section 30, 80 & 73

Building projects require various notifications and approvals to ensure compliance with regulations. The following lodgements are essential in different stages of construction:

  • Section 30 – Applies when an owner or builder wants to transfer a building permit from one surveyor to another.
  • Section 80 – Requires the builder or owner to notify the relevant authority of an intention to commence building work.
  • Section 73 – Relates to the finalisation of works, requiring notification of completion and compliance with permit conditions.

Ensuring these lodgements are correctly completed helps prevent legal complications and ensures buildings meet safety and regulatory standards.

Breaches of building permits issued by private surveyors

A breach occurs when construction does not comply with the conditions of a building permit. Common breaches include:

  • Failure to lodge required notices (e.g., commencement or completion notices)
  • Constructing outside approved plans or permit conditions
  • Failing to rectify non-compliant work identified by the surveyor

If you suspect a breach, contact the relevant authority, such as Council or the Victorian Building Authority (VBA), for further guidance.

For private building surveyors

Lodgements: Section 30, 80 & 73

Surveyors must ensure compliance with statutory obligations related to:

  • Section 30 – When taking over a permit, ensure proper documentation is provided, including reasons for the transfer and compliance history.
  • Section 80 – Verify that notification of building commencement is received and recorded correctly.
  • Section 73 – Assess final works to confirm compliance before certifying completion.

Proper record-keeping and adherence to these lodgements help maintain regulatory integrity and avoid legal disputes.

Managing permit breaches

Surveyors play a critical role in identifying and addressing breaches, which may include:

  • Issuing directions to fix non-compliant work
  • Reporting significant breaches to the VBA
  • Withholding occupancy permits until compliance is achieved

Failure to manage breaches appropriately can result in disciplinary actions or liability concerns. Engaging with builders and owners early can mitigate risks and ensure regulatory compliance.

For further guidance, refer to the Building Act 1993 and consult with industry bodies for best practices.

Lodging forms

You must register with our online services to submit a lodgement.

Register to pay your lodgement fees online

Need help?

 Contact Building Services and we will get back to you.

Or call us on 9298 8125.

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