1. Who can do Building inspections for new home and pre-purchase inspections in Victoria

The vast majority of states don't regulate pre-purchase building inspections and don't require the people doing them to be licensed.

In New South Wales and Victoria, pre-purchase and defect building inspectors are not required to be licensed, anyone can call themselves a building inspector and conduct inspections, regardless of their experience or qualifications. This means there's no formal licensing or registration process for pre-purchase building inspectors. Queensland is the only state where pre-purchase building inspections need to be undertaken by a licensed residential building inspector.

That’s why,  You can check Building inspector license in Victoria from VBA builder search tool.

https://bams.vba.vic.gov.au/bams/s/practitioner-search

2. Is Pre-purchase inspection & New home inspections are same.

No, pre-purchase inspections and new home inspections are not the same. Pre-purchase inspections are for existing homes and help buyer assess their condition before buying, while new home inspections focus on ensuring the quality and compliance of the new build during construction.

3. Why you must engage registered building practitioner to inspect the house ?

 you must ensure they have the necessary training and knowledge to conduct thorough inspections and provide accurate reports. This licensing helps guarantee the inspector's competency, enabling buyers to rely on the inspection's findings for informed decisions about property purchase. 

          If you're spending $400 to save yourself a $400,000 mistake,  it's probably a good idea."

4. Can builder refuse to do inspection on behalf of owner

Provided that you hold a Domestic Building Contract with your builder, the builder cannot deny you access to your property to have an independent inspection conducted.

Please note that if you give the builder more than two working days’ notice of your requirement to enter the home, the builder MUST open the dwelling under the "Domestic Building Contracts Act 1995", part 2 section 19 (Victoria). You can lodge a complaint with the DBDRV if they refuse. In other words, if the builder has been notified, then he or she must open the dwelling.

 As per Domestic Building Contracts Act 1995 Act No. 91/1995

Part 2—Provisions that Apply to all Domestic Building Contracts

1. Access to building site (1) A builder must permit the building owner (or a person authorised by the building owner) to have reasonable access to the building site and to view any part of the building works.

Penalty: 20 penalty units.

5. What if builder does not follow plans and specifications of signed contract and drawings of building contract

The builder is in BREACH of Section 8 (Implied Warranties) of the Domestic Building Contracts Act 1995 and the Australian Consumer Law (ACL)

As per DBCA 1995 Sec 8- the builder warrants that the work will be carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract;

An invoice should be directed to the builder after rectification of defects, if non-compliance is confirmed.

6. Can I sell owner builder house without inspection in Victoria

When selling an owner-builder house in Victoria, specific requirements under the Building Act 1993 must be met, particularly regarding defects inspection reports and insurance. If the property was built or renovated within six years and six months of the sale, the owner-builder must provide a defects inspection report from a registered building practitioner and obtain domestic building insurance.

7. Who can inspect & prepare a 139B owner builder report

As per section of 137b of Building act 1993, It is offence for owner builder to sell without report or insurance. Only registered architect orendorsed building engineer or Building surveyor or building inspector can inspect and prepare 137B owner builder report 

1. Who can inspect the swimming pool and spa in Victoria ?

As per schedule 11 of Building Regulations 2018, only VBA Registered Building inspectors can undertake the inspections and issue the certificates of pool and spa barrier compliance.

2. Who maintains the pool register ?

Each council in Victoria will maintain a register for pools and spas located within their municipality.

3. What happens after I register my pool or spa

After registering your pool or spa by providing form 22, the relevant council must send you written notification confirming:

• that your pool or spa has been registered

• the date of construction of your pool or spa and the applicable barrier standard

• the date by which the first or next certificate of barrier compliance must be lodged

4. What does date of construction refer to ?

The relevant council will determine the date of construction of your pool or spa and the applicable barrier standard 

5. How does the council determine the date of construction of a swimming pool or spa ?

To determine the date of construction, the council may consider any relevant information, such as the date of any building permit issued in relation to the swimming pool or spa.

This may include information provided in the registration application, the council’s records (such as building permit data) or other relevant information obtained by the council, including real estate listings and aerial photography.

6. What if I don’t agree with the council determination of the date of construction ?

If you disagree with the relevant council's determination about the date of construction of your pool or spa, you can appeal the decision to the Building Appeals Board (BAB). An appeal must be lodged within 30 days of receiving the council's determination.

7. What are the applicable barrier standard ?

Check the applicable barrier standard in resources section or check the Swimming Pool Requirements Council and Practitioner Guide in VBA webiste

8. What happen if I don’t register my pool or spa ?

If you do not register your pool or spa within the required period you may face an on-the-spot fine or penalty. Contact your council for applicable fines.

If the council becomes aware of the pool or spa on your property, they will send you a written notice requiring you to register the pool or spa. You will also be required to pay the registration fee and information search fee (if applicable).

9. How long is registration for?

A pool or spa remains registered until it is removed from the register.

10. How long is pool compliance certificate are valid?

As per Part 9A, Div 4 Section 147R of Building Regulation 2018,

pool compliance certificates are valid for four years after the that the first certificate of pool and spa barrier compliance was lodged with the relevant council. This means that pool and spa owners must get their pool inspected and obtain a new compliance certificate every four years to ensure it meets the necessary safety standards. 

11. I have recently purchased a property with a pool or spa. How can I check that it has been registered?

Please contact the relevant council to check if your pool or spa has been registered.

POOL BARRIER COMPLIANCE CERTIFICATES (Form 23)

12. Where can I find pool barrier compliance check list

Check the resources section in our website or check the VBA link below

https://www.vba.vic.gov.au/consumers/swimming-pools/pool-safety-barriers

13. How long is a certificate of barrier compliance valid ?

A certificate of barrier compliance is only valid for 30 days after it is issued. It must be lodged with the relevant council within this period.

If the certificate is not lodged within the 30 days, a new inspection must be carried out and a new certificate issued and lodged with the relevant council.

14. Who lodges the certificate of barrier compliance

If the inspector determines that your safety barrier complies with the applicable barrier standard, they will issue a certificate of barrier compliance. As the owner of the land with the pool or spa, you must lodge this certificate with your council within 30 days of the date of issue of the certificate. Contact the relevant council for more information.

When the council receives the certificate, they will send you written confirmation of:

• the date the certificate was lodged

• the date by which the next certificate is required to be lodged (four years after the previous certificate).

You will need to pay a fee to the council when you lodge the certificate.

15. What happens if I don’t lodge a certificate of swimming pool barrier compliance ?

It is an offence to not lodge a certificate of barrier compliance.

If you don't lodge a certificate of pool and spa barrier compliance by the due date, you may face an on-the-spot fine or penalty.

16. How do I lodge the certificate of barrier compliance with my council ?

Contact the council directly or check their website for information on how to lodge a certificate of barrier compliance.

CERTIFICATE POOL & SPA NON-COMPLIANCE (Form 24)

17. What is certificate of barrier non-compliance?

A certificate of barrier non-compliance can be issued by a pool and spa inspector if they determine a barrier is not compliant.

18. When is a certificate of barrier non-compliance issued immediately ?

An inspector must immediately issue a certificate of swimming pool barrier non-compliance if:

• the barrier is not capable of being made compliant or the owner is unlikely to make the barrier compliant within 60 days

• the barrier poses a significant and immediate risk to life or safety

• the barrier is non-compliant in any of the following ways:

o a door or gate, when closed, is able to be opened by a person who is unable to reach the opening mechanism for that door or gate

o a door or gate forming part of the barrier is unable to be completely closed

o any part of the barrier is less than its required height based on its location and the applicable legislation, measured above ground level from the approach side.

19. Who lodges the certificate of barrier non-compliance ?

The inspector will lodge the certificate with the relevant council and provide you with a copy.

BARRIER IMPROVEMENT NOTICES (Form 25)

20. How long do I have to comply with a barrier improvement notice ?

A barrier improvement notice will include a deadline for when you need to fix the barrier and lodge a compliance certificate with council.

This means you will need to have the swimming pool barrier re-inspected before the deadline.

21. What happen if I don’t comply with the barrier improvement notice by the deadline ?

If you do not comply with the barrier improvement notice by the deadline, you may face an on-the-spot fine.

If you do not lodge the barrier compliance certificate by the deadline, you may be fined. The municipal building surveyor may then issue other notices or orders under the Building Act 1993.

22. What happens if I make alterations/changes to a pool barrier after I have registered my pool or spa ?

After registering your pool or spa, if building work is carried out on the barrier that requires a building permit, the relevant building surveyor must inspect the barrier and determine if it complies with the applicable barrier standard.

If the relevant building surveyor determines the barrier complies with the applicable barrier standard, they will issue you a certificate of barrier compliance. You must lodge the certificate with council within 14 days.