TERMS AND CONDITIONS OF ENGAGEMENT
The terms of agreement identified in this document must be accepted by the Client, who is the owner. In addition to these terms, it assumed that each party, such as building surveyor, owner, and builder, are mindful of their responsibility under the relevant legislative requirements.
THE OWNER WARRANTS:
Payment of the fees identified in the fee proposal and adjustments by this agreement applied by the relevant building surveyor (RBS);
Pay the required GST for all our charges;
To comply with the requirements of the Building Act 1993;
To provide all documents and information required under the Building Act 1993 and Regulations or as requested by the RBS or employees of the Victorian Building Surveyors (VBS);
To comply with the conditions of any Planning Permit or other prescribed approval issued to the subject property;
Accuracy of the information provided to the Building Surveyor appointed under this agreement such as the estimated cost of work and/or details in the plans and information;
To provide any necessary report and consent of any prescribed reporting or service authority under the Building Act 1993 or any essential permit or approval of a responsible authority under the building or planning Act;
The relevant building surveyor in carrying out this service acts with the owner’s authority;
No other person /company is appointed as a relevant building surveyor of the proposed building or building work;
To provide the RBS/relevant building inspector appointed by the RBS with unfettered access to the proposed building or building work;
To facilitate requirements by the RBS in carrying out its functions;
Inform the RBS of any changes in circumstances such as the engagement of a builder, and ownership details, within 7 days of such change;
Indemnify us against:
all damages, losses, penalties, costs and expenses whatsoever, which we suffer or incur; and
all proceedings, prosecutions or demands brought or made against us by anyone, as a result of you or your builder failing to perform any of your obligations under the building legislation.
any proceeding or make any demand against us for any damage, loss, cost or expense of any kind whatsoever which you incur, directly or indirectly, as a result of our services.
SCOPE OF APPOINTMENT
Our fee proposal identifies our scope of work within the meaning identified for services of a Relevant Building Surveyor statutory functions under s.76 and s.77 of the Building Act 1993.
MANDATORY SERVICES OF THE RELEVANT BUILDING SURVEYOR (RBS)
The scope of appointment identifies that the relevant building surveyor is appointed to carry out all or any of the following functions:
the issuing of building permits;
the carrying out of inspections of buildings and building work;
the issuing of occupancy permits and temporary approvals; and
carry out any other functions conferred on private building surveyors by the Building Act.
OWNER AUTHORITY/AGENT AUTHORITY:
The owner of the property warrants that the agent is the duly authorised agent of the owner identified in the certificate of title. The RBS can require that the agent provides a written authority of the owner with the application form. In all circumstances, the owner can change the agent at any time and will be responsible for all payments to the RBS.
The owner/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.
The applicant agrees that all communications, including a request for further information 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 addresses.
In general, fees associated with the first request for further information included as part of the services in relation to the application fee. The minimum amount of the fee for further attempts to request further information is $110.00+GST and an additional $55.00+GST per item.
NOTICE OF INTENTION FOR REFUSAL
Before refusing an application for a building permit, the relevant building surveyor must give the applicant 30 days notice in writing of his or her intention to refuse the application. The minimum amount of fee for this service is $220 +GST.
PROTECTION WORK: During the assessment process the RBS determines if protection work is required. The applicant is responsible for payment for all fees for the protection of an adjoining property identified in part 7 of the Building Act 1993. The cost for RBS assessment and communications identified in our professional rate and fee determined in the schedule rate.
Our inspections will be the minimum requirement to assure compliance with the Act and Regulations and not monitoring all the work. It is the builder's responsibility to build the building entirely by the approved permit documents and have documentation of construction.
Inspections requested by the client or required by the RBS will be charged at our professional rate identified in the schedule rate.
If RBS finds it necessary, he may engage external experts and practitioners such as fire engineers, structural engineers, and access consultants to review design and construction progress. The Client will be responsible for paying all costs associated with experts and external practitioners and administration work carried out by RBS.
If RBS finds it necessary, he may refund the fee he received for mandatory inspection and engage other building inspectors or another professional practitioner to inspect the work. The Client will be responsible for paying all costs associated with external practitioners and administration work carried out by RBS.
If RBS finds necessary, he may refund the fee he received for mandatory inspection and ask the applicant to engage other suitable building inspector or other professional practitioners to inspect the work. The Client will be responsible for justifying the other practitioner is suitable for the work and pay all costs associated with external practitioners and administration work carried out by RBS.
If RBS finds necessary, in addition to our mandatory inspection, the applicant must engage other suitable building inspector or other professional practitioners to inspect the work and provide a certificate of compliance under s238(1)(b) of the Building Act 1993.
If the client fails to give necessary notification (min 48 Hours) or fail to provide safe access at the time of a mandatory inspection, the building surveyors reserve the right to cancel that inspection and charge an additional inspection fee at the scheduled rate identified in this agreement.
This office must be given a minimum of 48 hours of notification prior to an inspection stage. Builder identified in 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.
If an inspection is required out of regular business hours, a 30% additional inspection fee will apply.
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).
DISBURSEMENTS & PAYMENTS:
The application will not be accepted if the relevant application fee is outstanding.
Building Permits will not be issued until professional fees, council fees, and VBA levy fully paid, and the RBS is satisfied with the provided information.
In the circumstance, the decision on an application for building permit is to refuse the application, the client will be charged our fee for our professional services including but not limited to an application fee, additional hourly rate for communications, and refusal process.
In the circumstance, the function of a building surveyor is transferred or terminated, in addition to the scheduled rate identified in this document, the client will be charged our hourly rate for assessment, communications, inspections, decision makings, transfer, or termination process.
Failure to pay fees when due, incur additional costs, and the client shall be liable to pay any debt collection fees and expenses that may arise as a result of late or non-payment of fees.
Building Permit fees quoted and invoiced to you are only valid for 30 days. Should the application for a permit is not submitted within that period, relevant building surveyor reserves the right to change the permit application fee in line with market prices and our fee guidelines.
FEE PROPOSAL: We can send you a quotation upon receiving your request and scope of work. The RBS requires a deposit payment identified in our proposal into our account before the review of your application.
PROFESSIONAL FEES: Based on regulation 265 (c) of the Building Regulations 2018, we must receive remuneration for services as a building practitioner solely by the professional fee or other benefits specified in the contract of engagement. This terms and condition is forming as part of our contractual agreement.
Our hourly rates for a professional building surveying service rate is a minimum $220 p/h plus GST in units of 15 min.
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, 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 about your application. If not identified in our proposal, this is not included in our estimation, 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.
SCHEDULE RATE: In addition to the hourly rate, we charge professional fees for decision making, e.g., direction to fix, building notice, building order, decisions on protection work, certificate of final inspection and occupancy permit. This fee is based on the value of work, complexity, risk and insurance requirements. The minimum amount of this fee is specified in the “schedule rate.”
PAYMENTS: The owner shall pay any reasonable claim made by the relevant building surveyor within 7 days of the date of invoice or before the release of decisions. 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.
Where the payment identified as outstanding in our invoice 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.
Where the payment identified as outstanding in our invoice 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.
Our professional hourly rate of $220+GST applies to the adjudication process and recovering our outstanding fees.
AUTHORITIES APPROVALS: The owner is responsible for obtaining (and the cost of) approvals from relevant authorities, including but not limited to planning permits, service authorities, sewerage authority, report, and consents. Where the Relevant Building Surveyor agrees to obtain the report and consent for site variations or demolitions, the fees will be as identified on the scheduled rate or hourly professional fees, whichever is higher.
VARIATIONS: The owner may lodge a request, requesting a building permit to be modified or a time frame to be extended by the relevant building surveyor. The request must be in writing, followed by reasoning for extension of time and plans and information for modifications. All variations to the building permit application or permitted works must be assessed and approved by the RBS before their implementation/construction. Assessment of changes by the RBS will result in an additional fee that is identified on the scheduled rate or hourly professional fees, whichever is higher. The applicant agrees to pay for the amendment and variations required for a building permit.
PERMIT AMENDMENT: To the extent permitted by law, the applicant agrees to give consent to the RBS to amend Building Permit and/or Occupancy permit when the RBS finds it is appropriate to do so. Also, we may refuse to amend your Building Permit as permitted in the Building Act 1993. The applicant agrees to pay for the amendment and variations required for a building permit and occupancy permit.
RELIANCE ON INFORMATION: 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.
In this term, 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.
In this term, the applicant agrees that the RBS shall not be liable to the applicant or other parties if there is an error in the construction process.
PROTECTION AGAINST LIABILITIES: Based on s.16 of the Building Act 1993, the builder in the application for a building permit is liable to ensure the permitted building work complies with requirements of the Act, regulations and building permit.
To the extent permitted by law, the RBS/ VBS shall not be liable to the owner, client, its servants, agents or contractors for any loss, damage or injury to property or persons including but not limited to loss of profit or business or other direct, indirect, special, consequential or incidental damages resulting from, arising out of, or in connection with the relevant building surveyors services or any other claim whatsoever arising directly or indirectly out of or in any way attributable to the performance or non-performance of our services.
The owner agrees to protect the RBS/ VBS for liability against any cost, defects or non-compliances identified as part of the RBS role unless RBS/VBS has been grossly negligent in the provision of its services; and
The owner agrees to immune the RBS/VBS against liability for any loss or damage directly or indirectly arising out of or in connection with failure to perform any term of this contract where such failure is caused directly or indirectly by any cause beyond the RBS/ VBS control or by human error.
If there is an error and not identified by the RBS, the mistake may result in disciplinary action by the Victorian Building Authority.
DIRECT AND INDIRECT LOSS: The direct liability of VBS /RBS to the Client or their contracted builder arising out of the performance or nonperformance 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.
THE MAXIMUM AMOUNT OF LIABILITY: The maximum amount of liability of VBS /RBS to the Client or their contracted builder arising out of the performance or non-performance of the services, whether under the law of contract, tort or otherwise, shall be the amount of maximum 10 times the building permit application fee as apportioned to each unit/house or individual structure or as otherwise may be the case. For example, 2 unit developments where the building permit application fee is $1000 plus GST, the maximum portion of any liability referred to is $500 x 10 per unit.
RELEASE: The Client agrees to releases VBS/RBS from and agrees that VBS /RBS is not liable for, any liability or loss arising from or any costs incurred in connection with the services in excess of the VBS /RBS’s liability determined in accordance with the maximum amount of liability clause.
DURATION OF LIABILITY: VBS/RBS 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, and the Client or their contracted builder (and persons claiming through or under the Client) shall not be entitled to commence any action or claim whatsoever against VBS /RBS in respect of the services after that date.
INDEMNITY: The Client shall indemnify and keep indemnified VBS /RBS from and against all suits, actions, claims or demands by any person for any loss, damages, expense or costs as a result of any negligence or default by the Client and/or their contractors including but not limited to the builder, engineer or draftsman.
THE RELEVANT BUILDING SURVEYOR DOES NOT:
1. Warrant and or guarantee 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.
Building work will be inspected only at the time that a Mandatory Inspection has been called/organized for with this office and only that building work that is to be inspected will be assessed for compliance against the approved building permit documents
2. Warrant and or guarantee that materials supplied by the builder will be good and suitable for the purpose for which they are used.
3. Warrant and or guarantee that the work carried out by the builder will be done in accordance with and will comply with the Act and any other law.
4. Warrant and or guarantee that the work carried out by the builder will be done with reasonable care and skill.
5. Warrant and or guarantee 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).
Note, the owner can always ask the builder to provide evidence of suitability and documentation of design and construction as identified on the National Construction Code and to engage a land surveyor to ensure the work is located on-site as approved.
LIMITATIONS OF PERMIT
The owner agrees that the limitations of the Building Permit issued by our VBS/RBS exempt and absolves the Relevant Building Surveyor and its company from any functions and liabilities which are not specified in the Building Act 1993. The owner acknowledges that the Building Permit and Occupancy Permit / Certificate of Final Inspection is not a certification for this project and not evidence of suitability.
DISPLAY OF PERMIT INFORMATION
The builder and/or owner must 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.
EFFECT OF BREACH BY CLIENT: RBS/ VBS may, to the extent permitted by law, at its discretion, refuse the application and terminates its appointment by approval of the VBA and take appropriate action to recover any outstanding costs and disbursements.
It can be applied if the client breaches the terms and conditions for our service, provides information that to our view is misleading and, deceptive, we have reasonable grounds to believe that mutual trust and confidence do not exist between the Client and us, continuing to act for the client may breach professional conduct rules, the Client fails to provide documentation and information to us despite our requests for such information, information is not provided within the specified time frame by the RBS, the Client fails to pay our invoices in our specified timeframe or at all, or the Client commits or causes any act or omission which in the RBS opinion may in any way prejudice or harm the public reputation or credibility of RBS or VBS.
TERMINATION OF APPOINTMENT: according to Section 81(1) of the Building Act 1993, the appointment of the RBS can only be terminated by written consent from the Victorian Building Authority (VBA). If this appointment is terminated, the owner shall pay to the RBS all unpaid costs owed to the RBS at the time of cessation of the appointment. If the RBS terminates his appointment by approval of the VBA, or where the VBA terminates his appointment, he will not be liable to pay any fee to the client, including but not limited to the fees for the appointment of a new RBS.
TRANSFER OF FUNCTION: according to Section 80C of the Building Act 1993, a private building surveyor may transfer functions relating to building work to another building surveyor. If this appointment is transferred, the owner must pay to the RBS all unpaid costs owed to the RBS at the time of cessation of the appointment. Costs associated with the acknowledgment of a transfer of function are identified in our scheduled rates.
THE BUILDING PERMIT & THE RBS: The owner must provide evidence to show the solution is “fit for purpose” and that the design/building complies with the Building Act 1993, Building Regulations 2018, and NCC requirements. To comply, we require the following as the minimum requirement:
All applications for building permits must comply with requirements identified in part 4 of the building regulations 2018.
All materials and forms of design must have evidence of suitability, such as a manufacturer’s specifications/test report.
A registered architect or draftsman practitioner must prepare architectural plans.
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.
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 legislation.
An electrical engineering practitioner must prepare design or part of the design of building work relating to an electrical safety matter.
A Mechanical engineering practitioner must prepare mechanical matter, including hydraulic services within a building.
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).
A NatHERS accredited assessors must prepare all energy efficiency design and a report.
An FPA Australia accredited assessors must prepare a BAL assessment and report.
A Disability Access Consultant must prepare the design for access and mobility.
BUILDING NOTICES & ORDERS: the Building Act 1993 empowers the relevant building surveyor to issue notices and orders. Any building notices or building orders issued by the RBS will result in an additional fee payable by the owner identified in the schedule rate. 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.
The applicant confirms that there are no unauthorized works relevant to the proposed work, and there are no outstanding Building Notices or Building Orders for the building work or buildings associated with the scope of this permit application.
SERVICE OF NOTICES & ORDERS OR OTHER DOCUMENTS: The applicant 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 addresses.
ENTIRE AGREEMENT & NO REPRESENTATIONS: These terms and conditions, in addition to terms in the fee proposal, form the whole contract between the RBS and the applicant. The customer may place no confidence upon any oral discussions or representations given before signing this agreement. The client agrees to make no claim or demand about any such representations.
Note: RBS means Joseph Yousefi, VBS is the Victorian Building Surveyors, and Client means the owner as specified on the Application Form.
Owner and agent agree that they have read and understood the above ‘Terms and Conditions' for acceptance of an application for our services.
Permit levy under the Building Act 1993
Cost x 0.128%
Council lodgement fee
Request for Further Information 1st time
Request for Further Information after the first attempt
$110.00 plus $55 per item
Notice of intention for refusal
Annual essential safety measures report
$220.00 per hour
$220.00 per hour
Cause inspections on the mandatory notifications
Residential inspections (each time/each unit)
Issuing of a written direction to fix building work (per item)
Issuing of a Building Notice
Building order – general
Building order to stop building work
Building order – minor work
Building order referrals
Notice of imminent lapse of building permit commencement of work
Notice of imminent lapse of building permit – completion of work
Approve additional time to – commencement of work/completion of work
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)
Application for occupancy permit commercial
$880.00 + cost x 0.25%
Exemption from, or consent to partial compliance with, requirements in regulations
S.10 (2) application of new building regulations to building
A determination that combined allotment is one allotment
Application for report and consent for sitting variations to council
Relevant authority application to consent for build works over easement
Section 29a report and consent (demolitions)
The determination that protection work is required (Form 6)
Assessment of protection works notices (form 7 and form8)
Notice of determination under section 87 of the ACT
Administration process for termination of appointment
Administration process for the transfer of function
Amendments in plans before building permit
$110.00 per item
Amendments in building permit after building permit
Applications for dispensation, determinations & performance assessments
$220.00 per hour
Hourly rate for a professional building surveying (units of 15 min).
$220.00 per hour
Pool inspections & certificate of pool and spa barrier compliance
Pool inspections & certificate of non-compliance
Pool and spa barrier improvement notice
Additional GST applies to all our charges