There are two mandatory inspection stages for demolition work:
- completion of precautions.
- completion of all work.
The notifications relate to precautions required before demolition starts. Precautions are important for public safety, and it is against the law to start demolition work without an inspection.
This offence is considered serious and is likely to result in a disciplinary sanction by the VBA to prevent repeat offending by demolishers.
The VBA issued 30 disciplinary sanctions for failure to call for a mandatory inspection in 2021-2022, with penalties totalling $98,000.
The relevant provisions are section 33 of the Building Act 1993 and regulations 116, 117 and 168 of the Building Regulations 2018.
Section 33 Building Act 1993
Notification during building work
(1) The person that is named as the builder in a building permit issued for building work must ensure the relevant building surveyor is notified without delay of the completion of each mandatory notification stage of that work.
- Penalty: 120 penalty units, in the case of a natural person;
- 600 penalty units, in the case of a body corporate.
(2) The person that is named as the builder in a building permit issued for building work must ensure that any person who is carrying out the building work stops carrying out that work or any part of that work on completion of a mandatory notification stage if directed to do so by the relevant building surveyor.
- Penalty: 120 penalty units, in the case of a natural person;
- 600 penalty units, in the case of a body corporate.
(3) The relevant building surveyor must notify the Authority in the approved form (if any) of any failure of a person to comply with subsection (1) or (2).
Regulation 116 Building Regulations 2018
Protection of the public
(1) Precautions must be taken before and during building work to protect the safety of the public if required by the relevant building surveyor.
(2) The precautions must be approved by the relevant building surveyor before building work is commenced.
(3) Before and during the carrying out of building work all excavations must be fenced or otherwise guarded against being a danger to life or property.
(4) The report and consent of the relevant council must be obtained to an application for a building permit relating to the erection of precautions over the street alignment unless a local law requires the taking of precautions and the precautions comply with the local law
Regulation 117 Building Regulations 2018
Demolition
(1) Precautions must be taken before and during demolition in accordance with AS 2601 The demolition of structures as in force or as issued or as published from time to time and the following—
- (a) the demolition must not be commenced until the precautionary measures have been inspected and approved by the relevant building surveyor;
- (b) no part of any external wall on or within 3 m of a street alignment may be pulled down except during the hours that the relevant building surveyor directs;
- (c) protective outriggers must be installed where necessary to guard against danger to life or property or when required by the relevant building surveyor;
- (d) the site must be cleared of all debris.
(2) The relevant building surveyor may exempt minor demolition work from the requirements of subregulation (1) if the relevant building surveyor is of the opinion that the nature of the demolition work does not warrant those measures.
Regulation 168 Building Regulations 2018
Prescribed mandatory notification stages for demolition or removal of building
For the purposes of the definition of mandatory notification stage in section 3(1) of the Act, in relation to the demolition or removal of a building, the following stages of building work are prescribed—
- (a) the completion of any precautions required to be taken under regulation 116 or 117;
- (b) final, on the completion of all demolition or removal work.
