Notice of decision

Subordinate Legislation Act 1994

NOTICE OF DECISION

Building Amendment (Rectification Orders) Regulations 2026

I, Nick Staikos MP, Minister for Housing and Building and Minister responsible for administering the Building Act 1993 (the Building Act), give notice under section 12 of the Subordinate Legislation Act 1994 of my decision to recommend that the Building Amendment (Rectification Orders) Regulations 2026 (the proposed Regulations) be made.

A consultation draft of the proposed Regulations and a regulatory impact statement were made available for public comment and submissions on the Engage Victoria website from 18 December 2025 to 1 February 2026. The Department of Transport and Planning received 25 written submissions and 56 survey responses during the consultation period.

The proposed Regulations support the Victorian Building Authority’s, trading as the Building and Plumbing Commission (BPC), use of the rectification order power under Part 5A of the Building Act 1993 (as amended by Part 5 of the Building Legislation Amendment (Buyer Protections) Act 2025).

The proposed Regulations require:

• rectification orders to contain any conditions specified by the BPC under section 75E(2) of the Building Act;
• that the BPC must include certain information relating to rectification orders that have been issued on the Register of Building Practitioners; and
• that subject to certain conditions, the BPC must publish the information kept on the Register of Building Practitioners relating to rectification orders issued to a person.

After consideration of the feedback received through the public consultation process, I have decided that the proposed Regulations should be made with the following changes:

• Amendments have been made to prescribe additional detail regarding the types of information that the BPC must include on the Register of Building Practitioners and publish relating to rectification orders that have been issued.
• The information required to be included on the Register of Building Practitioners and published will be limited to rectification orders that have been issued within the last 5 years; no limitation with regards to the age of the order was included in the consultation draft regulations.
• It will be mandatory for the BPC to publish the prescribed information relating to rectification orders that is kept on the Register of Building Practitioners, removing the discretion present in the consultation draft regulations.
• Specific details about each rectification order issued will be removed from publication once the rectification order is complied with, or if it is set aside by VCAT or the Supreme Court, or if it is subject to an injunction granted by a court.

These amendments provide more certainty to industry and consumers regarding what information the BPC will publish regarding rectification orders that have been issued, and for how long the information will remain published.

After the proposed Regulations are made, they will become available for download from www.legislation.vic.gov.au

A statement of reasons summarising the feedback raised in consultation through submissions and surveys, and the rationale for the final form of the proposed Regulations will be published on the Engage Victoria website.

Dated: 5 / 6 / 2026

HON. NICK STAIKOS MP

Minister for Housing and Building