Terms & Conditions

Last Updated: 17.12.2025

BUILDING SURVEYOR CONTRACT OF ENGAGEMENT

BETWEEN

KWA BUILDING PERMITS AND INSPECTIONS PTY LTD
("the Building Surveyor")

AND

("the Client")

Contract Schedule

The Building Surveyor Company	KWA Building Permits and Inspections Pty Ltd
Address:	Suite 1, 356 Main Street Mornington VIC 3931
ABN	11 929 856 946
Telephone Number:	(03) 5977 1994
Email:	info@kwabuildingpermits.com.au
Building Surveyor Name:	Ryan Whiteside
Registration Number:	CBS-U 56820

Building Surveyor Insurance

Liability limited by a scheme approved under Professional Standards Legislation

Policy Type	Professional Indemnity
Insurer:	Quanta Professional
Policy No. / Identifier:	B0572MR20QI03 - 0917
Period of Insurance Coverage:	31 October 2025 – 31 October 2026

Scope of Work / Services as applicable

Determination of application for a Building Permit
Performance of mandatory inspections by the RBS or delegate (as specified in the Building Permit)
Determination of application for an Occupancy Permit or
Determination of application for a Certificate of Final Inspection ("CFI")

Inspection Schedule (including all mandatory inspections)

As required under Part 12 of the Building Regulations 2018

Contract Price and fees for additional services

As set out in our Project Proposal (which has a link to these Terms and Conditions)

CONDITIONS OF CONTRACT

1. Definitions

Terms in the Contract have the following defined meanings:

Act: means the Building Act 1993 (Vic) including any amendments to that Act from time to time.
Building Works: means the building work the subject of the Services.
Building Surveyor: means the Building Surveyor company, KWA Building Permits and Inspections Pty Ltd (ABN 11 929 856 946) ("KWA"). It can also mean, depending on context, the main or primary individual Building Surveyor that KWA intends to use to carry out the building surveying services required under this Contract. It can also include any other individual employee Building Surveyors (as listed in Schedule "A") that are to undertake any of the services that KWA is obliged to arrange under this Contract.
Client: the legal owner of the land and the party that is legally entitled to make an application for a Building Permit to the Building Surveyor for the Development and/or agent of the owner associated to the property listed within the project proposal.
Development: the project building works that the Client intends to carry out at the Site, and to which the Services relate.
RBS: or "Relevant Building Surveyor", means the registered employee Building Surveyor, being the individual appointed under the Act to provide services as the RBS for the Development, including making the determination of any application for a Building Permit and for an Occupancy Permit of Certificate of Final Inspection.
Regulations: means the Building Regulations in Victoria as amended from time to time and any documents incorporated or adopted by the Regulations, including the Building Code of Australia or the National Construction Code.
Services: means the building surveying work or services carried out pursuant to this Contract by a registered individual Building Surveyor engaged by KWA, as further defined in the Contract Schedule. Without limitation, the Services include the determination of any Building Permit application, the carrying out of any inspections and the issue of an Occupancy Permit or a Certificate of Final Inspection ("CFI") if the final inspection is approved. The Services will generally be as described in section 76 of the Act.
Site: means the land where the Development is being carried out, the address of which is set out in the Contract Schedule.
Variation: means additional, extra or changed work or services required to be performed by the Building Surveyor as a result of contingencies or circumstances that were not foreseen at the time project proposal was signed. This may be due to changed project requirements for the Development or the need for additional inspections, or by way of an example only, the need to assess applications to amend the Building Permit.

2. General

2.1 The Client is the person or company that has the benefit of any Planning Permit described in the Contract Schedule, or who is the legal owner of the land that comprises the Site and who makes an application for a Building Permit to the Building Surveyor. The contracted Builder for the Development is not entitled to be the Client under this Contract.

2.2 This agreement is a Contract of Engagement between the Client and the Building Surveyor for the performance of the Services described in the Contract Schedule.

2.3 These Terms & Conditions of Engagement ("Terms") apply to all building surveying and statutory services provided by KWA Building Permits and Inspections Pty Ltd ("KWA").

2.4 These Terms are incorporated by reference into, and form part of, the Project Proposal issued by KWA in connection with a proposed building permit application or related statutory services ("Project Proposal"). The Project Proposal includes a link to these Terms, which are hosted on a private webpage of KWA's website.

2.5 The Project Proposal may be issued to, accepted by, or relied upon by one or more parties, including (without limitation) the owner of the land, the applicant for the building permit, or an authorised agent acting on their behalf.

2.6 By proceeding with a building permit application, requesting services from KWA, authorising KWA to act as Relevant Building Surveyor, or otherwise relying on the Project Proposal, the owner of the land and the permit applicant (whether the same or different entities) each acknowledge that they have read, understood, and agree to be bound by these Terms.

2.7 These Terms are of general application and are not site-specific. Any project-specific scope, services, fees, inclusions, exclusions, or assumptions are set out in the applicable Project Proposal.

2.8 If there is any inconsistency between these Terms and the Project Proposal, the Project Proposal prevails to the extent of that inconsistency.

3. The Building Surveyor

3.1 The name and registration details of the primary Building Surveyor that KWA Building Permits and Inspections Pty Ltd ("KWA") intends to use to perform the Services ("the RBS") are as stated in the Contract Schedule.

3.2 If KWA intends to use more than one registered Building Surveyor to carry out the Services, then a list of the other such employee Building Surveyors and their registration details will be listed within associated regulatory documentation.

3.4 The scope of the Services and the Inclusions and Exclusions are described in Schedule "A" and in the Project Proposal.

4. The Client's Duties

The Client agrees and warrants that:

4.1 The Client will ensure that the Site is available for the Building Surveyor to carry out all mandatory inspections and any other inspections the Building Surveyor considers to be appropriate;

4.2 Where the Contract involves the functions of a Relevant Building Surveyor ("RBS"), the Client will not engage any other RBS after the appointment of the Building Surveyor under this Contract;

4.3 The Client will provide all information that the Client can reasonably obtain to enable the Building Surveyor to fulfill their statutory and contractual duties, as soon as practically possible and within a reasonable time. The Client also warrants the accuracy and completeness of all information it gives to the RBS.

4.4 The Client will provide any compliance certificates requested by the Building Surveyor and complete and sign any notice of appointment of the Building Surveyor (if the Contract involves RBS services) within the time required by the Building Surveyor. Any notice of appointment must be signed at least 2 working days prior to commencement of the building works;

4.5 The Client will attend any meetings if required by the Building Surveyor and will comply with any notices or orders that the Building Surveyor issues under the Act;

4.6 The Client warrants that the RBS when carrying out the Services acts with the Client's authority;

4.7 The Client will pay the Building Surveyor in accordance with the terms of this Contract. Should any payment not be made by the due date under this Contract or as stated on any invoice for any part of the Services, then the Building Surveyor shall be entitled to charge interest on any such late payment at the rate of 12 percent per annum until the payment is made;

4.8 The Client in making an application for a Building Permit must include any necessary report and consent of any prescribed reporting or service authority under the Building Act 1993 or any necessary permit or approval of a responsible authority (eg Council) under the Planning and Environment Act 1987;

4.9 If the RBS is requested by the Client or the Client's agent to carry out an inspection of the Building Works, the Client shall provide the RBS with not less than 1 business day's notice and shall cease any Building Works on the Site until such time as the RBS has caused the Building Works to be inspected.

5. Payment

5.1 The Client must pay the Contract Price for the Services at the time the Contract is signed and prior to the Building Surveyor carrying out any of the Services.

5.2 The fees and charges for the issue of any permits or certificates or the carrying out of inspections are set fees included in the Contract Price as specified in the Contract Schedule & project proposal.

5.3 Some extra fees and charges may arise from unforeseen contingencies and will be payable to the Building Surveyor as an adjustment to the Contract Price. Such "Variations" will be charged either at cost or based on an hourly rate, and the Building Surveyor must send an invoice for any Variations to the Client within 14 days after the completion of any work associated with the Variations.

5.4 Payment for Variations is due within 7 days of the Client receiving the invoice or as noted otherwise.

6. Variations and Contingencies

6.1 In the event that extra work or services are required due to unforeseen circumstances or contingencies ("Variations") or if any of the following occurs:

The building works do not commence within 60 days from the date of execution of this Contract;
A delay in the progress of the building works occurs for more than 60 days;
Any part of the building works is re-designed;
More Building Permits and/or other permits or certificates are required to be issued by the Building Surveyor than those listed in the Contract Schedule;
A requirement of the legislation, Building Code or any regulation requires any aspect of the building works to be varied; or
The Building Surveyor is required to undertake more inspections than those listed in the Contract Schedule or is required to issue any enforcement notices or orders;

then in any such case the Building Surveyor is entitled to:

Vary the Contract to the extent required so that the Building Surveyor is then able to carry out the contractual or statutory functions; and
Increase the Contract Price, such increase to be notified in writing to the Client within 7 days of the Building Surveyor becoming aware of the variation, and with the notice stating the reason for and the amount of the increase ("notice of variation"); and
Claim all costs associated with any delay as reasonably determined by the Building Surveyor.

7. Termination

7.1 If the Client does any of the following:

Fails to pay any money to the Building Surveyor within 7 days of that money falling due and payable; or
Commits an act of bankruptcy or insolvency, including but not limited to having a winding up order made against it, or having an administrator or liquidator appointed; or
Breaches this Contract in any respect and fails to remedy the breach within 7 days of receiving a written demand to do so ("notice of default"); or
Does not allow the Building Surveyor to issue any Occupancy Permit or Certificate of Final Inspection ("CFI") contemplated by the Contract within 12 months of the Building Surveyor's appointment; or
Permits building works to commence without the issuing of a Building Permit having occurred;

then in any such case, and subject to clause 7.2, the Building Surveyor may terminate this Contract by serving a written notice of termination on the Client that specifies the breach.

7.2 In the event of any of the breaches described in sub-clauses (i),(iii), and (iv) above, the Building Surveyor must first serve a notice of default on the Client demanding that the breach be remedied, and the Client must have failed to remedy the breach within 7 days of the service of the notice of default, before the Building Surveyor is entitled to serve a notice of termination.

7.3 If the Contract is terminated pursuant to clause 7.1 then the Building Surveyor:

Is entitled to carry out a final inspection at the Client's expense; and
Is entitled to payment of all outstanding monies from the Client within 14 days of such termination.

8. Indemnity

8.1 As from the date of any final inspection of the Development, the Client must indemnify the Building Surveyor and its agents or employees from any liabilities of any nature including but not limited to professional and public liability arising from:

Any matters of non-compliance with the Act or any legislation on the part of the Client or its contractors; or
Any need to terminate this Contract, if a termination is to occur.

8.2 Save and except for any liability imposed on the Building Surveyor under any legislation, the Client indemnifies the Building Surveyor and its agents or employees from all liability in respect of any loss, costs, damages, suits or actions of any nature, in connection with any defective building or design work the subject of the Development.

9. Dispute Resolution

9.1 If a dispute or difference arises between the parties in relation to this Contract or the Services, either party may serve a notice of dispute in writing on the other party describing the nature of the dispute or difference. The parties will then meet at least once in conference, within 10 days of service of the notice of dispute, to attempt to settle the dispute or to agree on methods to try to resolve the dispute.

9.2 Any dispute of whatever nature to do with this Contract may be referred to mediation using a mediator agreed by the parties, with such referral to be within 21 days of the dispute arising (or such longer period agreed between the parties). The costs of the mediation shall be burdened to the 'client'.

9.3 If the parties do not agree on a mediator within the 21 day period, or if the mediation is unsuccessful, either party may refer the dispute to a court or tribunal of competent jurisdiction.

10. Address for Notices and Service

10.1 Where any notice is to be forwarded to the Client the address for such notice shall be the address stated in the Contract Schedule, or the last address that is communicated in writing by the Client to the Building Surveyor.

10.2 Any notices can initially be sent by email provided that they are also posted to the address of the Client so stated or delivered by hand.

11. Severability

11.1 If any terms of this Contract are found to be in conflict with any provisions of the Act or any other applicable legislation, then the Act or the legislation shall take precedence. The offending term or terms will be read down so as to be compliant with the Act or legislation, but if this is not possible the offending term or terms will be regarded as null and void and the remaining terms of this Contract will continue in full force and effect.

12. Miscellaneous

12.1 If the Services have commenced and any modification is later required to the initial Building Permit, the Building Surveyor can elect to either call for a new Contract to be entered into for the determination of a modified Building Permit or to charge a Variation for the extra services. In either case the extra services must be paid for at or before the time the application is lodged with the Building Surveyor.

12.2 The one existing Contract may include the determination of more than one Building Permit, but if there are to be applications for multiple Building Permits then the Building Surveyor must be paid for each application at or before the time the application is lodged (as a variation if necessary).

12.3 If an employee Building Surveyor carrying out the Services on behalf of KWA ceases to operate or loses his/her registration (or it is suspended) prior to completion of the Services, then KWA can arrange for a suitable replacement Building Surveyor within 14 days of receiving written notice.

12.4 If the Building Surveyor incurs legal fees in relation to any matters arising from the Development, that were not anticipated at the time this Contract was entered into, the Building Surveyor in its discretion may seek reimbursement from the Client of such legal fees, in whole or in part. This includes (by way of example) fees incurred in relation to matters referred to the Building Appeals Board.

12.5 The Building Surveyor is not responsible for determining whether or not any necessary permit (including a Planning Permit) or other approval is required to be obtained from the responsible authority under the Planning and Environment Act 1987, prior to any Building Permit being issued by the RBS. It shall remain the responsibility of the Client or the Client's agents to obtain the necessary advice or information as to whether any such necessary permit or approval under that Act is required prior to the issue of the Building Permit.

12.6 The Client can only terminate the RBS under this Contract if the Client first obtains written consent to terminate the RBS from the Building and Plumbing Commission pursuant to section 81(1) of the Building Act 1993.

12.7 This Contract embodies the entire agreement between the parties and any previous representations, arrangements and agreements are superseded by this Contract. No amendment or variation may be made to this Contract other than in writing and executed by each of the parties.

12.10 The Client acknowledges and agrees to the following:

There are no outstanding Building Notices or Building Orders affecting the Site;
Any required enforcement action (such as the need by the Building Surveyor to issue Building Notices and/or Building Orders) in relation to any Building Permit issued to the Client will incur additional costs that will be charged to the Client by the Building Surveyor;
The levy payable to the Building and Plumbing Commission ("BPC") must be paid directly to the BPC by the Client prior to the Building Permit being issued;
The application for a Building Permit will be considered active for a period of 6 months. If additional requested information has not been supplied within this time the application will be deemed to have lapsed. A fee may apply for re-instatement of the application.