The Victorian construction industry has just been hit with some massive proposed changes

The construction industry has just been hit with some massive proposed changes…here in Victoria!

The ‘Building and Plumbing Administration and Enforcement Bill 2026’ really puts some meat on the bone for enforcement.

In fact, I would say this is not just an enforcement toolkit…

This is an enforcement tool chest!

I have to start wondering how is this going to be enforced. Has this gone too far…

After we had a toothless Victorian Building Authority but now we are going to have something else entirely.

As I wade through some 350 pages of 656 pages of the new Victorian building Bill I started to have visions of…

Terminator 2 and Arnold standing there unleashing that MINIGUN.

Maybe I am getting too old.

But what do you think?

Can you see Jacinta Allan and the soon to be BPC / Anna Cronin shouting:

“Hasta la vista, baby”

Basically, here comes the BIG changes

1. Section 284 - 295 - includes provisions for entry, search and seizure which gives a BPC appointed inspector or municipal building surveyor power to exercise a power of entry to land or a building to determine compliance with legislation and seizure of a document or other thing.

2. Section 308 - A proceeding for any offence against building legislation may be commenced by (a) the Commission but also (b) a police officer

3. Section 312 - 317 establishes:

• Personal liability of officers of bodies corporate
• Criminal liability of officers of bodies corporate
• Civil liability of officers of bodies corporate

4. Section 318 - 324 establishes:

• Joint and several liability of directors of bodies corporate

5. Section 326 Power to issue infringement notice includes:

An authorised building and plumbing officer may serve an infringement notice on any person whom the officer reasonably believes has committed a building and plumbing infringement offence.

This is not a high bar at all ‘reasonably believes’…

6. Section 330 includes civil penalty orders where:

The Commission may apply to a court for a civil penalty order to be made against a person

For a natural person this is an amount equal to 3000 penalty units; and

Up to 60,000 penalty units for body corporates!

7. Section 343 establishes:

Improvement notices and enforceable undertakings. This includes the Commission can impose same if it reasonably believes that a person has contravened, is contravening or is likely to contravene a provision of building legislation or a building permit.

Again a low bar and not actual proof but merely ‘likely’ to occur.

8. Section 356 imposes injunctions…

9. Section 362 allows for prohibition orders…

10. Section 367 includes adverse publicity orders and section 368 is contractual or compensation orders which interestingly seem to allow for a refund of money paid under a contract.

If you think I am making light of this I AM NOT!

This needs attention and there needs to be a proper amount of time for these proposed changes to be digested.

This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Tagged as:

• building disputes
• building law