Key Takeaways:
- Early warning signs: Missed deadlines, breached specs, hidden defects.
- Termination triggers Include Major non-compliance, repeated disputes, and safety risks.
- Surveyor switch: When impartiality is lost or they fail to identify defects.
- Legal safeguards: Check your contract, document everything, and seek professional advice.
- Swift action matters: Delay worsens cost, quality, and timelines.
1. Understand the Dispute Landscape
Builder–surveyor disputes often result from:
- Spec deviations: Sub‑standard finishes or unsuitable materials.
- Measurement errors: Faulty site boundaries, incorrect levels, out of tolerance work.
- Communication breakdown: Misaligned expectations, last‑minute changes.
When these issues emerge, things can escalate quickly.
2. Spot the Subtle Red Flags
- Consistent non‑conformance without satisfactory remediation.
- Surveyor inertia: Unwillingness to follow up or resolve issues.
- Safety or compliance risks, such as structural faults or non‑code elements.
Small disagreements? Manageable. But ongoing problems? They could justify termination.
3. When Is It Time to Terminate?
You may terminate if the contract defines events such as:
- Serious breach: Proven deviations from contract scope or standards.
- Time is of the essence: Project delays that affect handover or tenant readiness.
- Surveyor fails duty: Overlooks critical issues, loses impartiality or competence.
Check contract clauses; they often spell out notice obligations and cure periods.
4. Engaging a Replacement Surveyor
If the surveyor loses trust or capacity:
- Source accredited replacements via the practitioner search on the VBA website.
- Vet credentials, experience in similar build types, and independence.
- Appoint formally under the clause provisions, get your solicitor to verify.
5. Document, Escalate, and Inform
- Capture defects with photos, dated notes.
- Serve notices that demand rectification by specific dates.
- Escalate through meetings or alternate dispute resolution (ADR) before resorting to termination.
- When replacing surveyor or builder, notify other parties formally to avoid legal disputes.
6. Case Study: Early Termination that Paid Off
Conti Group stepped in. Early detection and decisive action allowed the client to engage a competent surveyor. The result? Structural issues were avoided, the project was realigned, and long-term costs were saved.
7. Avoid Costly Pitfalls
- No notice period: Not giving the builder/surveyor a chance to fix.
- Weak evidence: No photos, reports, or notices.
- Bypass legal advice: You invite claims for wrongful termination.
Always follow the process; it’s not just fair, it’s legally essential.
8. VBA Consent Required: What You Need to Know
In Victoria, you cannot unilaterally swap or drop a private building surveyor. The Victorian Building Authority (VBA) strictly regulates this process. Before any change of surveyor is effective, the VBA’s consent must be secured via their online application form.
Acceptable grounds include:
- Surveyor incapacity: Illness, death, insolvency, suspension or cancellation of registration
- Property transfer: Sale or disposal before work commencing
- Retirement or conflict of interest
Bottom line: No matter how dissatisfied you feel, you must follow the VBA pathway before taking action.
9. Use the Online Platform: Swift & Compliant
The VBA has replaced manual PDF applications with an online-only portal
- Log in using your property and permit details
- Provide the reason for termination or transfer of functions (change of surveyor)
- Submit your new surveyor details (if applicable)
- Await VBA approval, which typically takes only a few business days
The streamlined process aims to reduce administration, improve turnaround times, and ensure full record keeping. No longer any need for paper forms or lengthy email chains.
10. When You Can Swap Without VBA Consent
While VBA consent is mandatory for termination, a transfer of responsibilities from one private building surveyor to another is allowed without VBA approval, provided all three parties agree:
- The existing surveyor
- The new incoming surveyor
- And you, the property owner
This path is often smoother. As long as records are updated and both surveyors agree, the new surveyor takes charge with minimal fuss.
11. Before You Apply: Checklist for Change or Termination
Before logging into the VBA portal, ensure:
- A clear, valid reason aligned with VBA rules
- Confirmation that the surveyor cannot just transfer duties
- Contact details for your new surveyor if replacing
- A contractual review, Conti Group can assist here
- A complete record of notices, reports, photos, and correspondence
This reduces the risk of errors or delays in the application.
12. Post-Approval Responsibilities
Once the VBA formally approves:
- The old surveyor must cease all services
- The new surveyor becomes responsible for inspections, certifications, and compliance
- You must notify all project stakeholders builder, contractors, certifiers
- Records must be updated with VBA and the council
Failing to execute these steps can lead to confusion, delays, or compliance issues.
13. What If the VBA Refuses Consent?
If approval is denied, VBA will provide reasons. You can then:
- Appeal the decision through the VBA internal process
- Engage your existing surveyor to identify gaps they must address
- Consider alternate grounds e.g., insolvency versus dissatisfaction
Conti Group can guide you through appeal pathways and point out practical next steps.
14. Cost Implications & Timeframes
- VBA processing usually takes under 10 business days
- Expect application fees (check the current VBA schedule)
- A surveyor handover may slow inspections or permits
- Legal fees may apply for contract review or dispute mitigation
While there is some cost and delay, the importance of professional oversight in construction mandates these steps.
15. Benefits of Taking Action
- Maintain building compliance with up-to-date oversight
- Avoid legal exposure due to unregistered work
- Preserve market value and a defect-free project handover
- Minimise risk from safety or structural issues discovered late
Your peace of mind is non‑negotiable. Through Conti Group, you’ll know you’ve done everything properly and with expertise.
Conclusion
Tensions between the builder and the surveyor can threaten your build’s future. Recognising when to terminate, backing your decisions with evidence, and engaging trusted replacements safeguards your project. If you are at a crossroads, it’s time to partner with Conti Group. Our team guides you to confident, clear‑headed decisions. Get in touch, and we will ensure your vision stays on solid footing.
