Terms and Conditions
for appointment of relevant building surveyor
TERMS OF ENGAGEMENT FOR APPOINTMENT OF RELEVANT BUILDING SURVEYOR
1. SCOPE OF APPOINTMENT – MANDATORY SERVICES OF RELEVANT BUILDING SURVEYOR
– Assess the application under the Act and Building Code of Australia deemed to satisfy controls and issue the building permit.
– Collect and remit the applicable building permit levy to the Building Control Commission.
– Conduct mandatory inspections and issue statutory directions as necessary for proper completion of works.
– Issue the applicable occupancy permit or certificate of final inspection.
– Provide copies of all relevant permit documents to the council
2. FEES – INCLUDING LABOUR & MATERIALS;
a) Relevant Building Surveyors fees for services nominated in clause 1 above are cost of works or set by Fees Guidelines. $
b) GST (10 %) $
c) State Government building permit levy (0.00128 x cost of works) (GST exempt) $
d) Performance Provisions Report = Alterative solution as BCA requirements $ 600.00
e) Local council property information request (GST exempt) $ 165.00
f) Permit lodgement fee (GST exempt) $ 36.40
g) Title Search $ 50.00
h) Section 29A, Demolitions Report and Consent $ 165.00
i) Council consent and report for sitting variations (Rescode) $ 485.00
j) Council / Relevant Authority application to build works over easement $ 350.00
k) Issuing of Building Notices & Orders were required to secure compliance with the Building Permit. $ 450.00
l) Amending plans or variations to Building Permit. $ 150.00 per hr
3. NUMBER OF INSPECTIONS TO BE PROVIDED AND/OR INCLUDED
Further inspections where requested or required will be charged at $150.00 per inspection.
4. OTHER SERVICES TO BE PROVIDED OR OTHERWISE REQUIRED & APPLICABLE FEES
Regulation dispensations, Performance assessments, protection works requirements. $ 200 per hour (ex. GST)
Necessary correspondence, legal and authorities letters. $ 100 per page (ex. GST)
CONDITIONS OF ENGAGEMENT
(a). State Government building permit levy as nominated in Clause 2(c) must be paid before a building permit can be issued by the RBS pursuant to Section 201 of
(b). Statutory fees incurred by the RBS over and above the sum nominated in Clause 2(d) relating to property information and the like will he charged at cost.
The fee specified in Clause 2 is payable prior to consideration of the building permit application. Schedule 2 of the Act requires an application for a building permit to be
accompanied by the fee determined by the council in accordance with the Local Government Act or as determined by the relevant private building surveyor.
3. CLIENT AUTHORITY
The Client warrants that the Client is the owner of the land at the project address referred to or that the Client is the duly authorised agent of the said owner. If required
by the RBS the Client will produce written authority of the owner of the land to authorise the client to act on behalf of the owner.
4. NO DUAL APPOINTMENTS
It is an offence pursuant to Section 78 of the Act to appoint a person as an RBS if another building surveyor has already been appointed or otherwise authorised for the
project. The client therefore warrants that no other building surveyor has been appointed (or has otherwise commenced duties) in relation to the project referred to in
5. PLANNING PERMITS
The Client shall be responsible for obtaining (and the cost of) any planning permits and shall provide a copy of the planning permit and approved planning permit
drawings to the RBS. The RBS shall not be required to issue a building permit after being appointed until any required planning permit and approved planning permit
drawings are received by the RBS.
6. ENTIRE AGREEMENT AND NO REPRESENTATIONS
These terms and conditions constitute the entire agreement between the RBS and the Client and no reliance may be placed by the Client upon any oral discussions or
representations made prior to or at the time of signing this agreement. The Client will make no claim or demand in relation to any such representations either at
common law or alleged breach of the Trade Practices Act 1974 (Commonwealth) or the Fair Trading Act 1985 (Vic). The RBS is not an estimator or quantity surveyor
and is not engaged by the Client to provide costing or estimating services.
7. ADDITIONAL SERVICES
Where the Client requests additional services from the RBS, that are not included in the scope of mandatory services described in Clauses 1 & 4 of this agreement the
RBS, shall not be obliged to proceed with such additional work until a request is received from the Client and agreed to by the RBS.
In the event that additional inspections or other work is required by;
(a). The Client
(b). The scope of the mandatory services specified in Clause 1 of this agreement and/or
(c). Act or Regulations require the RBS to proceed with such further work complete the obligations and functions of the RBS, the RBS shall he entitled to deliver an
account to the Client for such additional work. The amount of such fees shall be calculated in accordance with Clauses 2, 3 & 4 of this agreement and payment
shall be duly made with in fourteen (14) days of invoice.
8. CLIENT TO NOTIFY RELEVANT BUILDING SURVEYOR OF OTHER BUILDING PRACTITIONERS
The Client must give written notice to the RBS of each building practitioner engaged by the Client for the building work referred to in this agreement, including details of
any building practitioner certificate issued to the building practitioner under Part 11 of the Act. Such notice must be given either upon the appointment of the RBS where
the Client has already engaged a building practitioner/s or within fourteen (14) days of the client engaging the building practitioner/s where the building practitioner/s
is/are engaged after the appointment of the Relevant Building Surveyor.
9. TERMINATION OF APPOINTMENT
The appointment of the RBS may be terminated by the Client only with the written consent of the Building Control Commission. On such termination the RBS shall be
entitled to be paid all fees and disbursements incurred to the date of termination. In the event that the building work nominated in this agreement is terminated before
commencement or completion, the Client must notify the Building Control Commission by written notice. When this written notice is issued the appointment of the RBS
shall be deemed to be terminated. The Client must thereupon pay all fees and disbursements incurred to the date of termination and the RBS shall be entitled to deliver
an account for the same. Furthermore the Client must not engage another RBS to complete the functions of the RBS specified in this agreement in respect of the
building work without the written consent of the Building Control Commission.
10. THE BUILDING PERMIT & THE RBS
The building permit issued will be an assessment of the drawings for compliance with the Building Act and Regulations and not the serviceability, quality or functionality
of the work approved by the permit. This appointment of an RBS is limited to ensuring the work carried out complies to the Act and Regulations that are applicable at
this time. The RBS is responsible for the carrying out of inspections that will be listed on the Building Permit. The client is responsible to ensure that the RBS is given
adequate notification for inspection and shall ensure that works do not continue beyond the notification stage until the inspection is approved.
11. PURPOSE OF INSPECTION
Inspections carried out will be the minimum required to ensure compliance with the Act and Regulations and not supervision of all the work. It is the responsibility of
the builder to construct the building fully in accordance with the approved permit documents. Variations must be approved by the RBS prior to construction and those
variations that require further document survey and assessment and/or approval will incur an additional fee – refer Clause 4.
12. BUILDING NOTICES & ORDERS
Building Notices and Orders are formal documents prescribed in the Regulations when breaches and non compliances are identified for the purpose of securing
compliance with the permit documents and other relevant provisions of the Regulations. Notices and Orders are required to be served as a matter of course for
significant areas of non compliance or where safety is or may be compromised. In the case of routine rectification works an inspection report or letter will normally be
sent to the owner and/or builder as applicable and in the event of non response within an appropriate time ( 7, 14 or 30 days ) a Building Notice will be served and
further fees will be payable as per Clause 2.