In 2022-23, approximately 50 per cent of statutory notifications received by the VBA for ‘failure of the builder to comply with a written DtF’ were unenforceable. That figure has seen a further increase for the first three quarters of 2023-24.
A written direction pursuant to section 37F of the Act is a direction to fix “building work”.
A common cause of DtF non-compliance is the inclusion of matters unrelated to the carrying out of actual building work and requesting the submission of documentation.
Recommended solution: Covering letter
The VBA understands circumstances exist where an administrative approach may be the most practical way to respond to an identified non-compliance.
A covering letter with a written DtF, which explains what forms of documentation or assessment may satisfy the RBS that the work is suitable, will ensure that only building work items are included in a written DtF.
This will enable the VBA to take appropriate enforcement action when a notification needs to be referred.
Please note that the VBA prioritises action on statutory notifications to support building surveyors to carry out their functions and to improve compliance by builders.
Notifications when builder fails to comply with written DtF
The VBA reminds relevant building surveyors that it is a breach of the Act if they do not notify the VBA when a builder fails to comply with a written DTF within seven days after the final date for compliance specified in the direction.
Notice to owner and Authority of non‑compliance with direction
(1) If a builder fails to comply with a written direction to fix building work within the required period for compliance, the relevant building surveyor or authorised person must give written notice of that failure to the Authority and the relevant owner.
(2) The relevant building surveyor or authorised person must comply with subsection (1) within 7 days after the end of the required period for compliance.
Note: Building workmeans work for or in connection with the construction, demolition or removal of a building.
