Building Surveyors’ Code of Conduct – Compliance and Complaints

The Code of Conduct for Building Surveyors in Victoria (June 2020),[1] establishes a set of professional conduct principles and standards to which Building Surveyor in Victoria must adhere when providing building surveying services.

It is consistent with the objective of the Building Act 1993 (Vic) (Building Act):

‘to protect the safety and health of people who use buildings’[2].

The Code requires each RBS to:

1. act in accordance with the law and in the public interest;
2. act with integrity, honesty, objectivity and impartiality;
3. perform competently and within the required level of expertise and experience;
4. act independently;
5. avoid conflicts of interest;
6. document and maintain records;
7. communicate promptly and effectively; and
8. provide a complaint handling process and address issues of non-compliance.

Contravention (or non-compliance with) the Code can form grounds for disciplinary action by the Victorian Building Authority (VBA) under s 179(1)(b), Building Act. Disciplinary action can range from a reprimand, penalties of up to $138,000 or cancellation of the practitioner’s registration temporarily or permanently.[3]

The standards set out in the Code, together with the Building Act and regulations, serve to support building surveyors in carrying out their statutory functions – and ensure competency and honesty within the privatized system of building permit approvals.

The VBA provides a free online index of disciplinary actions against building surveyors and other building practitioners in Victoria.[4] VBA can also provide further detailed background on disciplinary actions upon request.

KELLEHERS AUSTRALIA
Cameron Algie, LLB (Hons)
cameron@kellehers.com.au
31 August 2022

Copyright © Kellehers Australia 2022.

Liability limited by a scheme approved under Professional Standards Legislation

This fact sheet is intended only to provide a summary and general overview on matters of interest. It does not constitute legal advice. You should always seek legal and other professional advice which takes account of your individual circumstances.

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[1] The Code is prepared under s 177A(1)(a), Building Act 1993 (Vic).

[2] Building Act 1993 (Vic), s 4(1).

[3] Building Act 1993 (Vic), s 178.

[4] VBA, ‘Search the Prosecution and Disciplinary Register’ <https://bit.ly/3AVXQdr> (accessed 31 August 2022).