TERMS OF APPOINTMENT
Our appointment is subject to the completion and return of the attached agreement and is subject to the following:
- The Building works commencing within 12 months of the date of issue of the Building Permit
- A Certificate of Final Inspection or Occupancy Permit being issued within 2 years of the date of issue of the Building Permit or 3 years for Commercial Projects.
- Extensions of time, renewals of building permits etc will be charged out at an hourly rate of $350.00 per hour plus GST with a minimum fee of $1650.00 + GST.
- Compliance with the Building Regulations, Building Code of Australia and the Building Act. Note: Enforcement matters will be charged at an hourly rate of $350.00 per hour plus GST (minimum)
- This quotation is valid for 30 days (and is subject to review upon receipt of construction plans if not already provided)
- Upon acceptance and prior to releasing our Regulatory Checklist, a 50% deposit is required to be paid
- The project will not be assessed by a Building Surveyor until our initial invoice has been paid and suitable drawings/documentation has been provided for the assessment.
CONDITIONS OF ENGAGEMENT
1. DISBURSEMENTS
(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 the Act.
(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 be charged at cost.
2. PAYMENT
This fee 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 RBS. This fee is non-refundable.
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. ie authorized by the owner in writing to act as agent for the 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 this agreement.
5. PLANNING PERMITS
The Client shall be responsible for obtaining (and the cost of) any planning permit 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. It is the client’s responsibility to ensure that the approved planning permit drawings are the same as the drawings submitted for the Building Permit.
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). There are changes to the design of the building, and or
(d). The 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 based upon an hourly rate of $250/hr excluding GST.
8. CLIENT (OWNER/AGENT) 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 Victoria Building Authority (VBA). 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 VBA 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. Where Building Permit fees have been paid, the client acknowledges that there will be no refund of these fees. The applicant will not be entitled to any refund of fees. 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 VBA.
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. It is the responsibility of the client to ensure that the Building Permit remains valid. Full Building Permit fees will be payable for any Building Permit which lapses. Pursuant to Part 6 (Sections 76,77 & 78) of the Building Act 1993, we (the owner) hereby appoint JBG Building Surveying Pty Ltd as the Relevant Building Surveyor, to carry out the functions within Part 6 of the Building Act 1993.
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, good practice, guide to standards and tolerances, and the Building Code of Australia. 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 7. It is the builder’s responsibility to ensure that all mandatory inspections are called for. Mandatory inspections are required prior to placement of any concrete, at frame stage and upon final completion. Additional inspections over and above those referenced in the fee proposal will be charged at $250+gst (Domestic) & $350+gst (Commercial) inspection plus 1.80/km where greater than 20km from our office.
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 7.