Building and Plumbing Commission Review Jurisdiction: What Builders Need to Know and How It Impacts You

Understanding the Regulatory Landscape

The regulatory powers previously exercised by the Victorian Building Authority (now the Building and Plumbing Commission) can significantly affect builders, plumbers and others facing complaints.

Regulatory investigations may run parallel to civil defect proceedings. Findings, enforceable undertakings or disciplinary outcomes can influence insurance responses and litigation strategy.

Builders must understand the scope of review jurisdiction under the Building Act 1993 (Vic), including directions to fix, show cause processes and registration implications and the powers of the Building and Plumbing Commission.

How BU Lawyers Can Help

BU Lawyers have successfully handled matters related to investigations whether in relation to building surveyors and other professionals. Builders and plumbers need to also obtain representation and this is likely to increase under the new law.

New Laws: Rectification Orders and Disciplinary Action

Under the new Building Legislation Amendment (Buyer Protections) Act 2025 (Vic) we will now see new laws imposing obligations for Rectification Orders. Under the new Act section 85 introduces a new ground for disciplinary action being where a building practitioner has refused or failed to comply with a rectification order without reasonable excuse.

There are also grounds for review of a decision to issue a Rectification Order but strict time frames apply. The person issued a Rectification Orders has 28 days after the order is served to apply to the Tribunal (VCAT). This allows a builder, plumber or other contractor or person to question the order and decision.

At BU Lawyers we are at the forefront of monitoring these new laws and we already have processes in place to respond to these short timeframes and frame factual and legal positions which give the best chance of success.

Act Quickly: Why Timing Matters

Strategic engagement at the right time not only mitigates reputational damage but it limits loss. The Building and Plumbing Commission is going to be grappling with new law, don’t assume their decision is right. GET legal advice fast if you face any of these issues.

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

Tagged as:

• building disputes