Leaving the wild west behind: raising the bar for Victorian building surveyors and inspectors

Major reforms to the registration schemes  for building surveyors and building inspectors under the Building Act 1993 (Vic) were recently tabled in the Victorian Parliament as part of a broad suite of proposed amendments, including to the current Building and Construction Industry Security of Payment Act 2002 (Vic) (SOP Act), via the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Bill 2025.

The Bill primarily introduces 16 of the 28 recommendations put forward by the Victorian Government in its report tabled in October 2024 in response to the parliamentary inquiry into the payment practices of the construction industry.

In addition, the Bill is also focused on improving practitioner performance and address workforce shortages, particularly among building surveyors and inspectors. This focus on regulating the registration process aligns with the recommendations provided in the Stage One Report by the independent Building Reform Expert Panel, an expert panel established by Victorian Government to review the state’s building regulatory system. Key recommendations in the report include expanding registration and licensing schemes, prescribing scopes of work, developing competence frameworks, and recognising professional accreditation schemes, all of which align with the Bill’s objectives.

Key amendments introduced to registration and licensing

Registration: Establishing a process for the Victorian Building Authority (VBA) to register applicants specifically as building surveyors or inspectors, rather than via the broad category of "building practitioner", as is currently the practice. As part of this process, the VBA would be authorised to advise applicants on the qualifications or experience they need to obtain to become eligible for registration.

Public notification: Establishing a mechanism and obligation on the VBA to publish approved competencies, prescribed qualifications, and equivalent qualifications in Victorian Government Gazette. The VBA would also be empowered to:

• impose conditions on the approved competencies, qualifications (including equivalent qualifications);

• revoke any approved competencies, qualifications (including equivalent qualifications); and

• review the Registration Schemes every five years.

Standards: Permitting the VBA to advise on the competency standards, qualifications, and applicant eligibility for registration. "Advices" are to be approved by notice in the Victorian Government Gazette, with conditions if required, and must follow Ministerial guidelines. The VBA may revoke its approval by notice in the Gazette.

Guidelines: Permitting the Minister for Planning to issue guidelines with respect to registration approvals and the functions of approved advisors.

Enforcement: Addressing substandard, unprofessional, deficient and deceptive practices by extending the personal and financial probity requirements under sections 171D and 171E of the Building Act to building surveyors and inspectors.

With respect to personal probity, these requirements include, but are not limited to, meeting for the past:

• 10 years (for general registration), or

• 5 years (for builder subcontractor registration);

the following requirements:

• has not been convicted of offences involving fraud, dishonesty, drug trafficking, or violence (punishable by over 6 months' imprisonment) or any offence under laws regulating building work or practitioners;

• has not had a building registration or licence suspended or cancelled (excluding non-renewal). Been convicted of offences under the Fair Trading Act 1999 (Vic), Trade Practices Act 1974 (Vic), Australian Consumer Law (Victoria), or Competition and Consumer Act 2010 (Cth);

• has not failed to comply with court or VCAT orders under the Building Act or Domestic Building Contracts Act 1995 (Vic); or

• has not reached any other probity requirements under the Building Act regulations.

With respect to financial probity, these requirements include, but are not limited to,:

• being eligible for required insurance;

• not be insolvent, disqualified from managing corporations or had adverse insurance history;

• having no unpaid debts or involvement with insolvent companies within two years; and

• meeting all additional criteria set by regulations.

Moving to the new building sector requirements

If enacted, the proposed new registration requirements will take effect no later than 1 September 2026. However, amendments extending personal probity requirements under section 171D to building surveyors and inspectors, will take effect the day after receiving royal assent.

Individuals who have applied for registration or commenced training towards registration as building surveyors or inspectors under the previous regime will not be impacted by the amendments to the registration process introduced by the Bill as the Bill explicitly provides for transitional provisions that apply to individuals, who, prior to the commencement day of these registration amendments have either:

• submitted an application to the VBA for registration in a category or class of building surveyor or building inspector, with the application still pending a final determination; or

• enrolled in the prescribed qualification and commenced acquiring the prescribed experience necessary for registration in a category or class of building surveyor or building inspector as it stood immediately before the commencement day.