1. This Agreement sets out the terms and conditions on which Victorian Building Surveyors Pty. Ltd. (ACN 614 879 882) trading as Victorian Building Surveyors (we/us/our) provides services, including building surveying services by Mr. Joseph M Yousefi with practitioner number BS-U 61233, to you (you/your) in relation to the Services referred to in the Quotation addressed to you and accompanying these terms and conditions.

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2. Unless you or we enter into a separate agreement in relation to future services, this Agreement also governs any other Quotation for those future services.  By accepting the Quotation, you agree to these terms and conditions.

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3. It is your responsibility to read and understand these terms and conditions. If you have any queries or concerns, please contact us. 

 

DEFINITIONS

 

4. In this document, these terms have the following meanings:

 

a. Agreement means the terms and conditions set out in this document, including any Quotations provided by us to you.

b. Business Day means a day other than a Saturday, Sunday, bank holiday or public holiday on which registered banks are open for business in the State of Victoria, Australia.

c. Confidential Information means all information about a party’s business that they have or may give to the other party in the course of providing the Services. This includes any proposals, documents, written materials, and reports presented to the other party in each case, except where the information is in the public domain other than as a result of a breach of confidence owed to the disclosing party by any person.

d. Expenses means our out-of-pocket expenses.

e. Fees means any and all amounts payable to us in respect of the Services.

f. GST means the goods and services tax chargeable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

g. Final report means a report, permit and or certification prepared pursuant to this Agreement.

h. Intellectual Property means all rights to, and any interest in, any copyright, design, trademark, trade name, confidential information, trade secrets and technical information as may exist anywhere in the world at any time (whether capable of protection by registration or not), including all applications for any such rights.

i. Merchant Fees means the fee including international bank charges which we are charged to process secure Credit cards, Debit cards, Pin Payments and PayPal payments.

Pre-Existing Intellectual Property means, in relation to Services, any Intellectual Property of a party that existed before the date on which the relevant Quotation is accepted by you.

k. Quotation means a written quotation, estimate, proposal, schedule, tender or scope of works for the provision of Services, including as a minimum our professional services fees for the Services, whether those fees are a fixed project cost or charged on a time and materials basis, and where relevant a payment schedule for Fees.

l. Services means the specific services set out in the relevant Quotation.

m. Territory means the State of Victoria. 

n. Permit means Building Permit and occupancy permit.

o. NCC means the National Construction Code 2022.

p. Act means the Building Act 1993 (Vic).

q. Regulations means the Building Regulations 2018 (Vic)

r. Applicant is the owner/owners of the property.

s. VCAT means Building Appeals Board.

t. RBS means the relevant building surveyor Mr Joseph M Yousefi.

 

PROVISION OF SERVICES

 

5. When you accept a Quotation, you acknowledge and agree that these terms and conditions will apply.

 

6. In providing the Services, we will ensure that the Services are provided with reasonable skill, care and diligence and to the standards reasonably expected of a private building surveyor performing services of a similar nature.

 

7. Mr Joseph M Yousefi director of Victorian Building Surveyors Pty. Ltd. is a registered building surveying practitioner (Unlimited).

 

8. If you wish to modify the scope of the Services to be provided, you must notify us of the changes sought.  Unless and until the parties agree to any necessary modifications to the relevant Quotation, Fees and timetable, we will be under no obligation to provide those Services as modified, but may decide to do so. Should we decide to do so, we will be entitled to charge for the additional work on a time and materials basis.

 

 

EXCLUDED SERVICES

 

9. Our scope of Services excludes the following work:

 

a. Preparation of the design for the building or building work;

b. Matters relating to building quality;

c. Any guarantee that a permit will be granted;

d. Any act or activity deemed to be contrary to the Building Act 1993 (Vic), Building Regulations 2018 (Vic) or the National Construction code; and

e. Providing warranties and/or guarantees in relation to the following:

i. that the work by the builder will be performed in a proper and work-like manner and in accordance with the plans and specifications set out in the building permit;

ii. that the materials supplied by the builder will be good and suitable for the purpose for which they are used;

iii. that the work carried out by the builder will be done in accordance with and will comply with the Act and any other law;

iv. that the work carried out by the builder will be done with reasonable care and skill; and

v. that the building work and materials used by the builder in carrying out the work will be reasonably fit for that purpose or will be of such a nature and quality that might reasonably be expected to achieve that result expected by the owner(s).

 

10. For the avoidance of doubt, according to the Act, a builder named in a building permit must ensure that the building work to which the building permit applies is carried out in accordance with the Act, the building regulations and the building permit.

 

11. Note that Part A5 of the NCC requires evidence of suitability to support building and plumbing or drainage installation are constructed using materials, products, plumbing products, forms of construction and designs fit for their intended purpose to achieve the relevant requirements of the NCC. As the Relevant Building Surveyor (‘RBS’), we are not involved in the design process design and preparing evidence of suitability for construction and as such, cannot be held liable if the aforementioned items are not fit for their intended purpose.

 

APPOINTMENT

 

12. You warrant to us that you are the owner of the property or that you have the authority to appoint us as a building surveyor. We reserve the right to request a written authority from the property owner if you are acting under authority.

 

13. You can only engage one building surveyor, either a private building surveyor or a municipal building surveyor, for your building work.

 

14. We will, within 7 days after accepting the appointment, notify the relevant council in writing of the appointment and the building or building work in respect of which we are appointed.

 

DELEGATION OF SERVICES

 

15. In accordance with the Act and Regulations, we may delegate any of our Services to another practitioner, such as engaging a fire engineer for reviewing fire safety matters. The Applicant is required to cover the costs associated with engaging other such practitioners. 

 

16. If appropriate and applicable, we may transfer all of our Services to another private building surveyor or a municipal building surveyor with our written consent. If such transfer takes effect, payment for this service will be calculated as per clause 92.

 

INFORMATION REQUEST

 

17. The owner or owner’s agent shall promptly and within a time specified by the RBS answer any reasonable questions and provide justification on enquiries made by the relevant building surveyor or its competent representative in connection to this appointment via email and in a PDF format.

 

18. The Applicant agrees that all communications, including a request for further information, are deemed to have been given and received if it is sent to the email address identified in the application form as an owner, owner’s agent, or builder's email address.

 

19. Our fees for the request for further information are identified in the Schedule of Fees.  

 

NOTICE OF INTENTION FOR REFUSAL

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20. If additional information, document or an amended application required to be supplied by an Applicant is not supplied within the time specified by the RBS, the RBS may refuse the application. If we intend to refuse your application for a building permit, we will provide you 30 days’ notice in writing. 

 

21. If we refuse your application, we will identify the reasons for the refusal.

 

22. The Applicant may have a right to apply to the VCAT for review of the decision to refuse to issue a building permit.

 

23. The Applicant may choose another building surveyor. However, our fees for a transfer of function will be applicable.

 

24. The Applicant may choose to lodge a new application with us and we may accept the new application under a new contractual agreement.

 

AMENDMENT AND VARIATIONS

 

25. Where appropriate and to the extent permitted by law, you agree that we can amend the building permit and or occupancy permit as we deem appropriate.

 

26. You can lodge a request with us to modify a building permit and or to extend a time frame. The request must be in writing and should set out the reasons for the extension of time and plants and information for modifications.

 

27. We reserve the right to refuse to amend the building permit and or occupancy permit and or grant an extension.

 

28. Our fees for the amendment and variations are identified in the Schedule of Fees.

 

PROTECTION WORK

 

29. If we determine in the course of providing the Services that a protection work is required, then you will be responsible for the payment for all fees for the protection of adjoining property as identified in part 7 of the Act.

 

30. Our fees for the services required for protection work are identified in the Schedule of Fees.

 

INSPECTIONS

 

31. You must provide us with unfettered access to the building or building work. If you fail to provide safe access to the building or building work at the time of a mandatory inspection, we reserve the right to cancel the inspection and charge an additional inspection fee as identified in the Schedule of Fees.

 

32. We require a minimum of 48 hours of notification prior to an inspection stage. The Builder identified in the building permit must ensure that jobs do not extend beyond the notification stage until the inspection is passed and approved. A copy of all stamped approved documents must be available onsite at all times.

 

33. All notifications for inspections must be sent to compliance@victorianbuildingsurveyors.com.au .

 

34. Once we receive the notification, the RBS may cause the inspection to be carried out by a building inspector on his behalf. If we authorise an inspector, we will send an inspection authorisation letter with the inspector's information to the builder. The builder shall arrange a suitable time with the inspector. Please note that our fee proposal covers fees for the authorisation letters, reviewing inspection records and registering inspection records with the VBA. Our fee proposal is not covering the fees for inspections unless it is identified in that proposal. 

 

35. If we find it is necessary, the applicant must engage other professional practitioners to inspect the work and provide a certificate of compliance under s238(1)(b) of the Building Act 1993. e.g. where our inspectors are not available and where we are unable to carry out an inspection, the owner agrees to engage another appropriately qualified inspector and provide his/her information to our office so we can review and cause inspection.

 

36. Inspections requested by the client or required by the RBS will be charged at our professional rate identified in the schedule rate. In circumstances, we are unavailable for an inspection and we received the fee for that service, we agree to refund the fee we changed for that inspection. 

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38. Inspections required out of 40km radius from the Melbourne CBD requires an additional $1.75 per kilometre for travel allowance and the applicable hourly rate ($220+GST).

 

BUILDING NOTICES AND ORDERS

 

39. The Act gives us the power to serve a direction to fix, a building notice or building order in respect of a building, land or place in relation to which we are appointed to carry out a function under the Act.  

 

40. Any directions, building notices or building orders issued by us will result in an additional fee payable by you as identified in the Schedule of Fees. This charge does not include the cost of any further inspections to affect the enforcement or assessment times. All extra checks and times for assessment will be charged at the professional rate.

 

41. The owner agrees that all building notices, orders, and other materials deemed to have been given and received if it has been sent to the email address identified in the application form as an owner, owner’s agent, or builder email address.

 

OCCUPANCY PERMIT

 

42. An application for an occupancy permit required by a building permit must be made to the relevant building surveyor by or on behalf of the owner of the building or the owner of the land, in or on which the building work has been carried out.

 

43. You acknowledge that the Building Permit and Occupancy Permit / Certificate of Final Inspection issued pursuant to the Services is not a certification for the building or building work and not evidence of suitability.

 

44. Our fees for the services required for occupancy permits are identified in the Schedule of Fees.

 

YOUR RESPONSIBILITIES

 

45. You must provide us with all instructions, materials and consent that we need to provide the Services, including any document, report and information required under the Act and regulations, as and when required, and in the format requested by us. You must ensure that any information you provide to us is complete and accurate. For the avoidance of doubt, you are responsible for obtaining approvals from relevant authorities, including but not limited to planning permits, service authorities, sewerage authority, reports and consents.

 

46. You warrant that you will comply with your obligations under the Act and with the conditions of any planning permit or other prescribed approval issued to the building or building work.

 

47. You warrant that you have not appointed any other person or company as a relevant building surveyor for your building or building work.

 

48. You warrant that there are no unauthorised works relevant to the proposed building or building work and that there are no outstanding building notices or building orders for the building or building work associated with the scope of the Services.

 

49. You must provide us with evidence of suitability to demonstrate that the form of construction or design is fit for purpose and complies with the Act, Regulations, and NCC requirements. The type of evidence we will require is as follows:

 

a. All applications for building permits must comply with requirements identified in part 4 of the Regulations.

b. All materials and forms of design must have evidence of suitability, such as a manufacturer’s specifications or test report.

c. A registered architect or draftsman practitioner must prepare architectural plans.

d. A registered structural engineering practitioner must prepare structural design or part of the design of building work relating to a structural, sewerage, and water or drainage matter and demonstrate that the form of construction or design is fit for purpose.

e. A registered Building Practitioner in the category of builder must carry out the work. If an owner-builder is identified in the application, the person must demonstrate the relevant knowledge and experience required in the Act and Regulations.

f. For class 2 to 9 buildings, an electrical engineering practitioner must prepare a design or part of the design of building work relating to an electrical safety matter and demonstrate that the form of construction or design is fit for purpose.

g. A Mechanical engineering practitioner must prepare mechanical matter, including hydraulic services within a building and demonstrate that the form of construction or design is fit for purpose.

h. A fire safety engineer must prepare a fire safety design, which means a registered building practitioner in the category of an engineer, class of engineer (fire safety), and demonstrate that the form of construction or design is fit for purpose.

i. A Nationwide House Energy Rating Scheme (NatHERS) accredited assessor must prepare all energy efficiency designs and a report.

j. A Fire Protection Association Australia (FPA Australia) accredited assessors must prepare a Bushfire Attack Level (BAL) assessment and report.

k. A Disability Access Consultant must prepare the design for access and mobility.

l. The registered practitioners must prepare the required certifications under s.238(1)(a) for proposed building work and s.238(1)(b) for complete building work. 

 

50. It is your responsibility to ensure that there is a sign displayed on the safety fence with information about the registration numbers and contact details of the builder and building surveyor, the building permit number and the date of issue of the building permit.

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51. You will assume the responsibility for the non-completion or non-commencement of building works within the timeframe identified in the building permit.  For the avoidance of doubt, you will be responsible for ensuring that all building works are commenced and completed within the prescribed timeframe. If we must send you a notice of imminent lapse of building permit commencement of work or completion of work, our fees for these services identified in the Schedule of Fees will be applicable.

 

TIMINGS

 

52. The RBS must decide on an application for a building permit, in the case of Class 1 or 10 buildings, within ten business days after the relevant day or, in any other case, within 15 business days after the relevant day.

 

The relevant day means the earlier of—

 

(a)the day on which all reports and consents required to be supplied by reporting authorities in relation to the application are received by the RBS; or

(b) the day by which the reports and consents referred to in paragraph (a) must be supplied to the RBS.

 

53. If you miss a deadline, the completion date may be affected, and you acknowledge that the length of this effect will be determined on a case-by-case basis, considering our internal scheduling.

 

INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

 

54. Nothing in this Agreement affects the ownership of any rights in respect of each party’s Pre-Existing Intellectual Property. Without limiting the foregoing, the ownership of all Intellectual Property in the material and documents remain at all times with you or your third-party licensees.

 

55. By providing any material and documents to us, you grant to us a licence to use that material and documents to the extent necessary to enable us to provide the Services, including by incorporating that material into any Final report. You warrant and represent that all material and documents are or will be at the time provided to us either owned by you or licensed to you on terms that permit you to make the material and documents available for use by us on the terms set out in this Agreement.

 

56. Unless otherwise agreed between the parties in writing, all Intellectual Property in the Final Report and other materials created by us in the course of this Agreement or providing Services will vest absolutely and automatically on creation and remain thereafter, in us. 

 

57. Upon us receiving full payment for an invoice, we grant to you a royalty-free, non-exclusive licence in the Territory to use all Intellectual Property in the Final Work that is the subject of that invoice. The Final Work will not be delivered as a native or vector file (working file) unless it is absolutely necessary and agreed to in writing. You and any related third parties cannot modify or alter the Final Work without our written permission.

 

58. The royalty-free non-exclusive licence provided in clause 56 by us to you:

 

a. is solely for your own use;

b. may be sub-licenced to a third-party with our written permission strictly for the purpose of exploiting the Final report;

c. is strictly limited to use in the Territory unless agreed to in writing; and

d. is limited to the particular purpose for which the Final report was originally provided to you.

 

59. You indemnify and agree to keep us indemnified against all liability, losses, costs or expenses incurred by us in any way, directly or indirectly, connected with any breach of any Intellectual Property in any material and documents supplied by you.

 

HOURS OF OPERATION

 

60. Our ordinary business hours are 9:00 AM – 5:00 PM, Monday to Friday. We do not work on weekends nor on public holidays.

 

61. If you require us to conduct the Services outside the ordinary business house, then an additional fee will apply. We will inform you of the additional fee before conducting the Services.

 

CONFIDENTIALITY

 

62. Each party agrees to keep (and ensure, to the best of their ability, that their employees, independent contractors, agents and any other persons acting or working on their behalf (such as volunteers) or any other third parties who may come in contact with material belonging to the other party, keep) the Confidential Information strictly confidential.

 

63. Each party must:

a. only access and use the Confidential Information for the purpose of providing the Services;

b. take all reasonable steps to maintain the strict confidentiality of the Confidential Information;

c. ensure that proper and secure storage is provided for Confidential Information while in their possession or under their control;

d. take all precautions necessary to prevent disclosure of Confidential Information;

e. not use or attempt to use the Confidential Information in any manner which may injure or cause loss, either directly or indirectly, to the other party, or which may be likely to do so;

f. take reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of Confidential Information; 

g. promptly notify the other party if they suspect, or become aware of, any loss or any unauthorised use, storage, copying or disclosure of the Confidential Information;

h. immediately take all steps necessary to prevent or stop, and comply with all our reasonable directions in respect of, suspected or actual breaches of this Agreement; and

i. if requested by the other party, immediately return to the other party, or destroy, delete and erase, all materials that contain Confidential Information.

 

This clause survives the termination of this agreement.

 

64. The return, destruction, deletion, erasure or retention of Confidential Information does not relieve a party from any of their other obligations under this Agreement.

 

PROFESSIONAL FEES: 

 

65. Our hourly rate for a professional building surveying service rate is a minimum of $220 p/h plus GST in units of 15 minutes. 

 

66. To provide efficient and cost-effective services, we will manage your file, review your plans, information, visit a site, carry out research, check to prepare reports or documentation, attend meetings, provide you advice and may contact you or your agent by email or phone call or be contacted by yourself, your agent or other people engaged in your work by phone or email. We may also contact or be contacted by the local council and Authorities, such as the Victorian Building Authority and/or Building Appeals Board, about your application or disputed matters. If not identified in our proposal, this is not included in our estimation in our proposal of fees, so by the discretion of the RBS, the owner may be charged and will be responsible for paying at a set hourly rate indicated in this document for our time. 

 

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PAYMENT 

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67. Quotations are valid for acceptance for a period of 30 days from the date of issue. Our charges for our services are set out in the Schedule of Fees appended to this Agreement.

 

68. You must pay each invoice within 7 days date of receipt of the invoice.  Payment of invoices on time is an essential term of this Agreement.  If there is any dispute about the fees identified in our invoice, the applicant shall provide a response with reasoning and justification for that dispute by the due date.

 

69. Where the payment identified as outstanding in our invoice is not paid in full within 7 days of the invoice, we will send you a payment claim under the Building and Construction Industry Security of Payment Act 2002. Our fee for this service is an additional $110+GST. 

 

70. Where the payment identified as outstanding in our invoice is not paid in full within 10 days of the payment claim, we will send you a notice under section 18(2) of the Building and Construction Industry Security of Payment Act 2002 (VIC). Our fee for this service is an additional $110+GST.

 

71. Our professional hourly rate of $220+GST applies to the adjudication process and recovering our outstanding fees.

 

72. We may need to arrange for external service providers (including but not limited fire engineers, structural engineers, and access consultants) to complete the Services. In this case, you will be liable for all costs associated with the engagement of external service providers.

 

73. If payment is unpaid for 7 days after the due date for payment, then, without limiting our other rights, we may charge interest at the rate of 10% per annum on the unpaid amount. You acknowledge that such liquidated damages are a genuine pre-estimate of the loss and damage sustained by us as a result of the non-payment.

 

74. If we are required to engage a debt collector or commence litigation against you for any outstanding invoices, you would be liable for such costs.

 

75. You must reimburse us for all such Disbursements, plus a 15% administration fee.

 

76. We estimate fees for our professional services are as set out in the relevant Quotations.  Our professional services do not include disbursements or out-of-pocket expenses, including but not limited to costs associated with:

 

a. courier fees;

b. printing of proofs;

s. parking; and

d. travel charges where travel and accommodation charges have been authorised by you.

 

77. If applicable and agreed to in writing, you will pay upfront for costs including travel and accommodation.

 

78. In consideration for us providing the Services, you must pay the Fees as follows, unless agreed otherwise in writing:

 

a. 100% of the Fees on acceptance of the Quotation; and

b. 100% deposit for an Expense.

 

79. You must pay an additional amount to us that is equal to any GST payable on any supply that is made under this Agreement. You are also responsible for paying any other tariffs, withholding tax, or other tax or levy associated with its receipt of the Services. 

 

80. All payments to be made to us must be made in the full amount shown in each invoice, free of any deductions or withholdings, and without you exercising any right of set-off.  If there is a mandatory withholding, any Merchant Fees or deduction imposed by operation of law, you must increase the amount of the payment so that we receive as the net amount the amount shown in each invoice.  Any such grossing up of the payment will not count as part of the Fees.

 

 

LIMITATION OF LIABILITY

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81. RBS relies on the truth and accuracy of the documents and the information provided to us in good faith and takes no responsibility or liability for damages or costs incurred as a result of false and misleading information supplied to RBS and relied upon during the provision of these services or misrepresentation in the application. 

 

82. The applicant agrees that the RBS shall not be liable to the applicant or other parties if there is an error in design, including but not limited to architectural design, structural design, fire safety design, electrical design and hydraulic design.  

 

83. Under no circumstances, would we be liable to you for any special, indirect, consequential or punitive damages, including, but not limited to, loss of profits, loss of business opportunities, or loss of goodwill, even if advised of the possibility of such damages.

 

84. The direct liability of us arising out of the performance or non-performance of the services, whether under the law of contract, tort or otherwise shall be limited to the direct cost of proportionately rectifying the Building Works and not include any legal or other fees.

 

85. We shall be deemed to have been discharged from all liability in respect of the Services, whether under the law of contract, tort or otherwise, at the expiration of one (1) year from the completion of building work. You or your builder will not be entitled to commence any action or claim against us after the expiration of one (1) year.

 

INDEMNITY

 

86. You will be liable for and agree to indemnify, defend and hold us and each of our employees and contractors harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly from:

 

a. any information that is not accurate, up to date or complete or is misleading or a misrepresentation provided to us, our employees, contractors or agents;

b. any breach of this Agreement by you, your employees, contractors or agents; or

c. any claim by a third party that any use by us of information, works, material or Intellectual Property supplied by you infringes that third party’s rights in any way.

 

87. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services, including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information we have given you or you have given to us, respectively.

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88. The obligations under clauses 85 and 86 will survive termination of this Agreement.

 

INSURANCE

 

89. We warrant that we have professional indemnity insurance to provide the Services referred to in the Quotation. 

 

FORCE MAJEURE

 

90. No party will be liable to the other party, nor be in default under the terms of this Agreement, for performance delays due to events beyond reasonable control, except for payment obligations.

 

 

91. For the purposes of this clause, the events beyond reasonable control include, but are not limited to, acts of terrorism, war, civil war, the act of God, strikes, lockdowns, curfew, plagues, natural disasters, riots, pandemics, epidemic and government restrictions on businesses or RBS licences, public and borders.

 

TERMINATION

 

92. According to Section 81 of the Act, our appointment cannot be terminated without the written consent of the Victorian Building Authority. However, we can suspend the Services if there are outstanding payments.

 

93. In the event of termination of this Agreement:

 

a. You must reimburse us for any costs (including any handling or administration fees) that have been incurred by us up to the date of termination and for which we have not yet been reimbursed by you;

b. You also must pay us for work completed up to the date of termination but not yet invoiced or paid, plus any interest; and

c. You must pay to us all costs incurred by us (including costs for which we may be contingently liable) in any attempts to collect any monies owed by you to us under this Agreement. This includes debt collection costs, repossessions costs, location search costs, process server costs, interest and solicitor costs on a solicitor-client basis.

 

GENERAL

 

94. Each party warrants to the other that it has the power and authority to enter into this Agreement and the obligations contemplated by it.

 

95. Each party enters into this Agreement as an independent contractor. Nothing in this Agreement creates, constitutes or evidences any partnership, joint venture, agency, trust or employer/employee relationship between the parties, and a party may not make, or allow to be made, any representation that any such relationship exists between the parties. A party shall not have the authority to act for, or to incur any obligation on behalf of, any other party, except as expressly provided for in this Agreement.

 

96. This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties in respect of its subject matter.

 

97. Any notice or document required to be given under this Agreement must be in writing and may be provided via the email address shown in the relevant party’s contact details, set out in a Quotation or otherwise notified by one party to the other.

 

98. You must obtain our consent in writing to assign (including by way of a change of ownership of you), license or sub-contract your rights and obligations under this Agreement.

 

99. Any modification to or variation of this Agreement, including a Quotation, must be in writing.

 

100. If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Agreement will remain in full force and effect.

 

101. If there is a dispute between the parties in relation to any matter connected with this Agreement or a Project, the parties must meet in good faith to seek to resolve the dispute by agreement between them.   The parties agree to follow this procedure before resorting to any legal proceedings, save that nothing in this clause prevents either party from seeking urgent injunctive relief.

 

102. This Agreement shall be construed in accordance with and governed by the laws in force in the State of Victoria, Australia and each party irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

 

You accept the terms of this proposal to engage Joseph Yousefi director of the Victorian Building Surveyors Pty. Ltd. (ACN 614 879 882) trading as Victorian Building Surveyors to undertake this project.

 

 

SCHEDULE OF FEES

 

Service description and Fee*

 

Permit levy under the Building Act 1993

As identified on s.205G of the building Act 1993 e.g. Cost x 0.128% (residential projects)

 

Council lodgement fee

$121.90

 

Request for Further Information 1st time

$0.00

 

Request for Further Information after the first attempt

$110.00 plus $55 per item

 

Notice of intention for refusal

$220.00

 

Annual essential safety measures report

$220.00 per hour

 

Maintenance determination

$220.00 per hour

 

Residential inspections (each time/each unit)

$220.00

 

Commercial inspections

$330.00

 

Issuing of a written direction to fix building work (per item)

$220.00

 

Issuing of a Building Notice

$1200.00

 

Building order – general

$1200.00

 

Building order to stop building work

$1200.00

 

Building order – minor work

$1200.00

 

Building order referrals

$880.00

 

Notice of imminent lapse of building permit commencement of work

$440.00

 

Notice of imminent lapse of building permit – completion of work

$440.00

 

Approve additional time to – commencement of work/completion of work

$440.00

 

Certificate of final inspection

Class 10 (shed, patio, retaining wall): $110.00

Class 1a (residential house): $220.00

 

Application for occupancy permit Residential Dwelling (each dwelling)

$440.00

 

Application for occupancy permit commercial

$880.00 + cost x 0.25%

 

Exemption from, or consent to partial compliance with, requirements in regulations

$880.00

 

S.10 (2) application of new building regulations to building

$880.00

 

A determination that a combined allotment is one allotment

$1100.00

 

The determination that protection work is required (Form 6)

$440.00

 

Assessment of protection works notices (form 7 and form8)

$440.00

 

Notice of determination under section 87 of the ACT

$1100.00

 

Administration process for the transfer of function

$220.00

 

Amendments in building permit after building permit

$700.00

 

Applications for dispensation, determinations & performance assessments

$220.00 per hour

 

Hourly rate for professional building surveying (units of 15 min).

$220.00 per hour

 

Pool inspections & certificate of pool and spa barrier compliance

$200.00

 

Pool and spa barrier certificate of non-compliance

$200.00

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