By Parker McKenzie
Yarra Ranges Council has asked for the Victorian Building Authority (VBA) to appoint a manager of business to resolve orphaned surveying permits, an area of concern that the VBA believes is a council duty to resolve.
Yarra Ranges Council issued a statement regarding an ABC News article detailing how Victorian homeowners are being stranded with building permits that are unable to be completed.
This occurs when the original private building surveyor is no longer in business and other surveyors are unwilling to complete the job because of the risk of crippling insurance liabilities.
“We understand this is a complex and frustrating issue for members of our community who have found themselves in this position. Council has been and will continue to advocate to the VBA and State Government to assist residents in finalising these outstanding building permits,” the statement said.
“Council is also working with the Victorian Municipal Building Surveyors Group to advocate for action on behalf of the thousands of home owners across Victoria.”
Yarra Ranges Council said in these situations many homeowners have been left unable to occupy their homes and has called upon the Victorian Building Authority (VBA) to use their powers to appoint a manager of business to resolve the issues.
The issue of orphaned permits has been worsened by building surveyor skills shortages, disciplinary activity and the Covid-19 pandemic.
The council said that the VBA is the only authority with jurisdiction to resolve the issue, and they will be secured against liability for their actions.
“Under Victorian legislation, the VBA has the power to intervene in these matters and in doing so, would be indemnified against any risk under the Building Act. The Victorian Building Authority is the correct and appropriate authority to resolve these issues, and should exercise their powers to appoint a manager to the business, as they are the only authority with jurisdiction under the relevant part of the Building Act being section 83B(b) to do so.” Yarra Ranges Council said.
VBA State Building Surveyor Andrew Cialini said the authority is looking at potential solutions, however councils have a responsibility to resolve the issue.
“The VBA has been active in seeking improvements to the regulatory framework to better support consumers impacted by orphan permits. Councils have statutory obligations to support consumers to resolve their building works,” he said.
“Given the local impacts on consumers it is imperative that all councils uphold their role in Victoria’s building control framework by accepting building permit applications, including the transfer of functions, and enforcement of compliance with the Building Act, where deemed appropriate.”
The VBA is currently collaborating with a host of organisations including the Department of Environment, Land, Water and Planning, the Australian Institute of Building Surveyors, the Municipal Association of Victoria and the Victorian Municipal Building Surveyors Group on potential options to resolve orphaned permit issues.
