Legal Disclaimer
Important information regarding the use of our property intelligence platform and services. Please read carefully before using our platform.
Insitive is NOT:
- A Registered Building Practitioner: We are not registered with the Victorian Building Authority (VBA) and do not hold any building practitioner registration
- A Builder or Construction Company: We do not provide building, construction, or trade services of any kind
- A Licensed Architect or Building Designer: We do not provide architectural design, building design, or drafting services
- A Registered Building Surveyor: We do not provide building permit certification, building inspection, or building compliance services
- A Licensed Plumber, Electrician, or Trade Service: We do not provide any trade or specialist building services
Insitive IS an Information Platform Only:
We are a technology platform that aggregates and displays publicly available information about home designs, builders, planning regulations, and property data. We provide informational tools and calculators for preliminary research purposes only.
All building work MUST be performed by registered building practitioners. You must engage appropriately licensed and registered professionals for all building, construction, design, and compliance matters.
LEGAL REQUIREMENT - Building Act 1993 (Vic):
Section 168 of the Building Act 1993 (Vic) prohibits persons from carrying out building work unless they are registered building practitioners or work under the supervision of registered building practitioners. Insitive does not perform building work and has no liability for building work performed by others.
This disclaimer applies to all information, data, services, and content provided through our property intelligence platform, including but not limited to home design catalogs, builder directories, planning regulation information, building envelope calculators, and related informational services ("Platform Services").
All information is provided in good faith and for general informational and educational purposes only. Our Platform Services are informational tools only and do not constitute building services, construction services, professional design services, or professional advice of any kind.
By accessing or using our Platform Services, you acknowledge that you have read, understood, and agree to be bound by this disclaimer and understand that Insitive is not a building practitioner.
Version: 3.0 | Effective Date: 24 July 2026 | Jurisdiction: Victoria, Australia
IMPORTANT NOTICE
The information provided through our Platform Services does not constitute and should not be relied upon as professional advice of any kind.
Specifically, our Platform Services do NOT provide:
- Building Practitioner Services: We are NOT registered building practitioners and do not provide any building, construction, or trade services
- Architectural or Building Design Services: We do not provide architectural design, building design, drafting, or structural engineering services
- Building Surveying or Certification: We do not provide building permit certification, building inspections, or building compliance assessments
- Legal Advice: Property law, planning law, building law, or conveyancing advice
- Financial Advice: Investment advice, lending advice, or tax advice as defined under the Corporations Act 2001 (Cth)
- Professional Valuations: Certified property valuations for legal, taxation, or lending purposes
- Planning or Town Planning Advice: Development feasibility, planning permit applications, or regulatory compliance advice
- Real Estate Services: Licensed real estate agency services as defined under the Estate Agents Act 1980 (Vic)
You should always seek appropriate professional advice from qualified professionals before making any property, financial, legal, or business decisions.
CRITICAL NOTICE FOR VICTORIAN PROPERTIES
Building envelope calculations, RESCODE assessments, and planning provision interpretations provided through our Platform are for preliminary informational purposes ONLY. They do not constitute planning permits, building permits, or professional planning advice.
Building Practitioner Requirements and Insitive's Non-Practitioner Status
Notice: Insitive is NOT a Registered Building Practitioner
Insitive is NOT registered with the Victorian Building Authority (VBA) as a building practitioner of any category. We do not hold building practitioner registration, insurance, or warranties required for building work under Victorian law.
Under the Domestic Building Contracts Act 1995 (Vic) and Building Act 1993 (Vic):
- Building Work MUST be performed by Registered Practitioners: All building work must be performed by registered building practitioners with current Victorian Building Authority (VBA) registration in the appropriate registration category;
- Domestic Building Insurance Required: Builders must provide domestic building insurance for residential projects over $16,000 before commencing work;
- Insitive Has NO Building Practitioner Liability: We are NOT registered building practitioners and expressly accept NO liability, responsibility, or warranty for any building work, construction defects, delays, costs, or disputes arising from building work performed by any person or entity;
- Direct Contractual Relationship Required: You must enter into direct contracts with registered building practitioners. Insitive is not a party to any building contracts and has no contractual liability;
- Building Disputes: Building disputes must be resolved through Domestic Building Dispute Resolution Victoria (DBDRV) or VCAT between you and your contracted building practitioner;
- Verify ALL Builder Credentials: You MUST independently verify all builder credentials, registration status, insurance, and warranties at vba.vic.gov.au before engaging any builder. Our builder directory is informational only and does not constitute an endorsement or verification of any builder's credentials.
Planning Permit and VCAT Process
Planning permits are governed by the Planning and Environment Act 1987 (Vic):
- Most residential building and subdivision work in Victoria requires a planning permit from your local council;
- Our RESCODE calculations do NOT guarantee planning permit approval - councils have broad discretionary powers;
- Planning permit decisions may be appealed to the Victorian Civil and Administrative Tribunal (VCAT);
- VCAT hearings involve legal proceedings and may require representation by town planning professionals;
- Even if RESCODE standards are met, councils can refuse permits based on local character, amenity impacts, or policy considerations;
- Planning permit conditions may restrict building design, materials, landscaping, and construction hours.
Planning Overlays and Restrictions
Victorian planning schemes contain numerous overlays that may significantly restrict building:
- Heritage Overlay (HO): Strict controls on alterations, demolition, and new construction in heritage areas;
- Environmental Significance Overlay (ESO): Protections for environmentally sensitive areas including vegetation, waterways, and wildlife habitat;
- Bushfire Management Overlay (BMO): Mandatory Bushfire Attack Level (BAL) assessments and construction standards in bushfire-prone areas (BAL-LOW to BAL-FZ);
- Design and Development Overlay (DDO): Specific design requirements, height limits, and built form controls;
- Vegetation Protection Overlay (VPO): Permits required for tree removal; significant trees may prevent or limit building;
- Land Subject to Inundation Overlay (LSIO): Flood level requirements, minimum floor heights, and flood-resistant construction standards;
- Special Building Overlay (SBO): Additional requirements for flood, erosion, or land stability issues.
Title Restrictions, Covenants, and Easements
Property titles may contain restrictions that override planning scheme provisions:
- Building Covenants: Registered covenants may restrict building height, materials, design style, or require approval from covenant beneficiaries;
- Easements: Drainage, sewerage, electricity, or right-of-way easements may prohibit building in affected areas;
- Section 173 Agreements: Agreements with councils may impose conditions on development beyond standard planning requirements;
- Owners Corporation Restrictions: Subdivisions and developments may have additional rules enforced by owners corporations;
- Our Platform does NOT identify or analyze title restrictions - a licensed conveyancer or property lawyer MUST review the Certificate of Title.
Registered Land Surveyor Requirement
Accurate boundary and site surveys are essential for building compliance:
- All setback measurements, building envelope calculations, and boundary determinations shown on our Platform are INDICATIVE ONLY;
- Only a registered land surveyor can provide legally accurate boundary surveys and site surveys;
- Building permits and planning permits typically require surveyor-certified site plans;
- Building on incorrect boundaries (even by centimeters) can result in demolition orders, council enforcement, and legal disputes with neighbors;
- Slope, fall, and contour information must be verified by professional survey - our estimates may be inaccurate.
RESCODE Discretion and Local Council Variations
RESCODE (Clauses 54, 55, 56 of the Victorian Planning Provisions) provides standards and objectives:
- Standard vs. Discretionary: Meeting RESCODE standards does NOT guarantee approval - councils can refuse under discretionary provisions if objectives are not met;
- Council Interpretation: Different councils interpret RESCODE requirements differently - inner Melbourne councils are typically stricter than regional councils;
- Neighborhood Character: Councils can refuse permits that meet RESCODE but clash with established neighborhood character;
- Design Review Panels: Some councils (e.g., Bayside, Boroondara, Stonnington) require design review for residential projects exceeding certain thresholds;
- Local Planning Policies: Councils have additional local policies that supplement RESCODE requirements;
- Our calculations assume standard compliance pathways - consult a town planner for discretionary assessment strategies.
Aboriginal Cultural Heritage
The Aboriginal Heritage Act 2006 (Vic) protects Aboriginal cultural heritage:
- Properties in areas of cultural heritage sensitivity may require a Cultural Heritage Management Plan (CHMP) before planning or building permits are issued;
- Aboriginal cultural heritage discoveries during construction can halt all building work indefinitely;
- Registered Aboriginal Parties must be consulted for certain development projects;
- Our Platform does NOT identify Aboriginal cultural heritage sensitivity - check with Aboriginal Victoria and your local council.
Bushfire Attack Level (BAL) Requirements
Properties in designated bushfire-prone areas must comply with AS 3959 (Construction of buildings in bushfire-prone areas):
- BAL ratings range from BAL-LOW to BAL-FZ (Flame Zone), with progressively stricter construction requirements;
- Higher BAL ratings require fire-resistant building materials, ember guards, non-combustible zones, and may prohibit certain designs;
- BAL assessments must be conducted by qualified bushfire consultants;
- Our Platform does NOT provide BAL assessments - these are site-specific and require professional evaluation.
Flood Levels and Stormwater Management
Properties subject to flooding or with drainage issues face additional building restrictions:
- Minimum floor levels may be mandated above predicted flood levels (1% AEP or 100-year flood events);
- Melbourne Water and local councils impose stormwater detention and treatment requirements;
- Flood-prone properties may require flood-resistant construction, raised floor levels, and special insurance;
- Our Platform does NOT provide flood level information - consult Melbourne Water, your council, and certified surveyors.
MANDATORY PROFESSIONAL CONSULTATIONS - Insitive CANNOT PROVIDE THESE SERVICES
Insitive is an information platform only. Before proceeding with any building or planning project in Victoria, you MUST engage and obtain independent professional advice from appropriately licensed and registered professionals:
- Registered Building Practitioner / Builder - For all building and construction work (verify VBA registration)
- Registered Building Surveyor - For building permit applications and Building Code of Australia (BCA) compliance certification
- Licensed Architect or Building Designer - For professional building design and architectural services
- Registered Land Surveyor - For legally accurate boundary surveys, site surveys, and setback measurements
- Licensed Town Planner - For planning permit applications, RESCODE compliance strategies, and planning advice
- Your Local Council - For planning overlays, local policies, permit requirements, and official planning information
- Licensed Conveyancer or Property Lawyer - For title searches, covenant reviews, easement analysis, and property law advice
- Structural Engineer - For structural calculations, engineering design, and structural certification
Insitive does not provide, endorse, or facilitate any of these professional services. You must engage these professionals directly.
Data Sources
Our Platform Services integrate data from various sources including but not limited to:
- Victorian Government databases (VicPlan, Vicmap, Land Use Victoria)
- Australian Government datasets (Australian Bureau of Statistics)
- Domain.com.au API and property databases
- Local government planning schemes and building regulations
- Third-party data providers and public records
Data Accuracy Limitations
No Warranty of Accuracy: While we strive to provide accurate and up-to-date information, we make no representations or warranties regarding the accuracy, completeness, reliability, or currency of any data or information provided through our Platform Services.
Third-Party Data: Information derived from third-party sources may contain errors, omissions, or delays. We have no control over the accuracy or reliability of third-party data sources.
Historical and Estimated Data: Property valuations, market analyses, and projections are based on historical data and statistical models. Past performance does not guarantee future results.
Verification Responsibility: Users are responsible for independently verifying all information before making any decisions. Always consult official government records and licensed professionals for authoritative information.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our Platform Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind
- We disclaim all warranties, whether express, implied, or statutory
- We specifically disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement
- We make no warranty that our Platform Services will be uninterrupted, error-free, or secure
System Availability
We do not warrant that our Platform Services will be available at all times or that access will be uninterrupted. We reserve the right to suspend, modify, or discontinue any aspect of our Platform Services at any time without notice.
Data Processing Limitations
We do not warrant the accuracy of automated property analyses, valuation estimates, or algorithmic predictions. These are computational estimates based on available data and should not be relied upon for financial, legal, or investment decisions.
MAXIMUM LIABILITY LIMITATION
Neither we nor any of our related parties, officers, directors, employees, consultants, advisors, or agents, to the maximum extent permitted by law, accept any liability whatsoever and however caused to or suffered by any person relating in any way to:
- Reliance on any information, data, calculations, or statements provided through our Platform Services
- Any errors, omissions, inaccuracies, or incompleteness in our Platform Services
- Property purchases, building decisions, or financial commitments made based on information from our Platform Services
- Actions or omissions of builders, contractors, or other third parties listed on our Platform
- Building work, construction defects, delays, cost overruns, or building disputes
- Planning permit refusals, building permit denials, or regulatory compliance issues
To the fullest extent permitted by law, we expressly disclaim any and all liability for any loss or damage of whatever kind to any person acting on information or statements provided through our Platform Services, including to any third party.
Note: Nothing in this limitation excludes, restricts, or modifies any consumer rights or remedies that cannot be excluded under the Australian Consumer Law. See Section 7 below for details of your consumer rights.
No Independent Verification or Audit
Critical Notice: We do not carry out independent audits or independently verify any information contained in our Platform Services, nor do we give any warranty or undertaking (express or implied) as to the accuracy, reliability, currency, or completeness of such information. The procedures we use do not constitute an audit or review under any generally accepted auditing standards.
LIABILITY CAP
To the maximum extent permitted by law, our total liability to you for any claim arising from or relating to our Platform Services shall not exceed the total amount of fees you have paid to us in the twelve (12) months preceding the claim.
Exclusion of Consequential Damages
To the maximum extent permitted by law, we shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, business opportunities, or expected savings
- Loss of data, information, or business interruption
- Personal injury or property damage arising from your use of our Platform Services
- Damages arising from reliance on information provided through our Platform Services
Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, government actions, war, terrorism, pandemic, internet outages, or third-party service failures.
You agree to indemnify, defend, and hold harmless our company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:
- Your use or misuse of our Platform Services
- Your violation of this disclaimer or our terms of service
- Your violation of any applicable laws or regulations
- Any decisions you make based on information obtained through our Platform Services
- Third-party claims arising from your use of our Platform Services
- Any content you submit or transmit through our Platform Services
This indemnification shall survive termination of your use of our Platform Services and shall be subject to the limitations set forth in this disclaimer.
CONSUMER RIGHTS PRESERVED
Nothing in this disclaimer excludes, restricts, or modifies any consumer rights or remedies that cannot be excluded, restricted, or modified under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) or other applicable consumer protection laws.
Consumer Guarantees
Where our Platform Services constitute "services" under the Australian Consumer Law, certain consumer guarantees may apply that cannot be excluded, including:
- Services provided with due care and skill
- Services fit for the purpose made known to us
- Services provided within a reasonable time
Limitation of Consumer Guarantee Remedies
Where our Platform Services are not of a kind ordinarily acquired for personal, domestic, or household use, our liability for breach of non-excludable consumer guarantees is limited to, at our option:
- Re-supplying the services; or
- Paying the cost of having the services re-supplied
Applicable Law
This disclaimer is governed by and construed in accordance with the laws of the State of Victoria, Australia, and the Commonwealth of Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Jurisdiction and Venue
Any disputes arising from or relating to this disclaimer or our Platform Services shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia. You irrevocably submit to the jurisdiction of such courts and waive any objection to venue or inconvenient forum.
Dispute Resolution
Before commencing legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation for a period of thirty (30) days after written notice of the dispute.
For questions, concerns, or clarifications regarding this disclaimer, please contact our legal team:
Legal Department
Email: hello@insitive.com.au
Phone: 0490 368 432
Business Hours: 9:00 AM - 5:00 PM (AEST)
Postal Address
Legal Department
Applied AI Pty Ltd
ABN 90 668 168 830
S21, 45 Collins Street
Melbourne, VIC 3000
Australia