Section 37K statutory notifications from Relevant Building Surveyors (RBS) are prioritised by the Victorian Building Authority (VBA) to support the RBS to carry out their function.
Where a Direction to Fix can be enforced, the VBA takes disciplinary action against the builder to deter future poor compliance, improve industry performance and consumer protection, and prevent the necessity to enforce compliance against a property owner.
In 2022-23, the VBA received 53 notifications for section 37K offences from 22 building surveyors.
Of the 53 received, 27 (51 per cent) were not able to be enforced by the VBA. In those instances, the RBS was provided with an education letter detailing the reasons why the DTF was not enforceable and offered a discussion with a VBA Senior Technical Advisor if they had questions. The purpose of the letter is to support building surveyors to issue a written DTF that the VBA can enforce if it is not complied with.
As the failure to issue an enforceable instrument is a contravention of the Code of Conduct, the VBA also records this against the history of the RBS.
Notice to owner and Authority of non‑compliance with direction
- If a builder fails to comply with a written Direction to Fix building work within the required period for compliance, the relevant building surveyor or authorised person must give written notice of that failure to the Authority and the relevant owner.
- The relevant building surveyor or authorised person must comply with subsection (1) within seven days after the end of the required period for compliance.
