Builders and Plumbers Beware
Show Cause Notices and Orders from the Building & Plumbing Commission — Penalties and Time Limits Apply
Victoria’s building landscape is shifting quickly. With the new Building and Plumbing Commission (‘the Commission’) now in full operation, we’re already seeing a noticeable rise in regulatory action.
For builders, this means greater scrutiny, earlier regulatory involvement, and a growing number of disciplinary matters being escalated.
Why More Builders Are Coming to the Commission’s Attention
We are seeing disciplinary processes triggered in a variety of ways. These include:
A homeowner lodging a complaint
A failure to comply with a building surveyor’s direction
A non-compliance discovered during an inspection
In practice, it now takes far less for a matter to escalate. Once an alleged breach is identified, the first formal step is usually the issuing of a show cause notice.
The Show Cause Notice (Direction to Fix and Building Orders): What It Means and Why It Matters
A show cause notice can be unsettling to receive, but it is also a critical opportunity to present your side of the story.
The notice outlines:
The alleged breaches
Any relevant cautions
Instructions for providing information
The timeframe for response
You typically have 14 days to respond. However, under s 182(4) of the Building Act, you may request an extension of time.
Once the response period closes, the Commission has 28 days to consider your submissions and decide whether disciplinary grounds still exist.
While you are not legally required to respond, principles of natural justice apply to all government decision-making.
If You Disagree with the Commission’s Decision
If a decision is made and you disagree with it, you are not without options. You may seek:
An internal review conducted by a different BPC officer, independent of the original decision, within 28 days; or
A review at VCAT, depending on the nature of the decision.
Both avenues are strictly time-sensitive, so seeking advice early is critical.
Need Guidance? We Assist Builders Across Victoria
If you have received a show cause notice, are dealing with the BPC, or simply want to understand your risks, we regularly assist builders across Victoria in navigating these processes and putting forward strong, persuasive responses.
For practical guidance tailored to your situation, contact Oldham Construction Lawyers at info@oclawyers.com.au.