{"id":"sr:building-regulations-2018","name":"Building Regulations 2018","slug":"building-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183589,"registerId":"vic-sr:building-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 6","sectionType":"division","heading":"Issuing of certificates of pool and spa barrier non-compliance and related matters 141","content":"Division 6—Issuing of certificates of pool and spa barrier non-compliance and related matters 141\n\n147ZF Circumstances in which a certificate of pool and spa barrier non-compliance must be immediately issued 141\n\n147ZG Procedure if a barrier does not meet the applicable barrier standard 142\n\n147ZH Further inspection of a non-compliant barrier 143\n\n147ZI Issuing a certificate of pool and spa barrier non‑compliance under this Division 145\n\n147ZJ Fees for lodging a certificate of pool and spa barrier non-compliance with a relevant council 145\n\n147ZK Municipal building surveyor may serve a barrier improvement notice on owner 146\n\n","sortOrder":0},{"sectionNumber":"Div 7","sectionType":"division","heading":"General 147","content":"Division 7—General 147\n\n147ZL Relevant council's actions following transfer of land containing a registered swimming pool or registered spa 147\n\n147ZM Relevant council to provide information from register to the Authority 148\n\nPart 10—Designation of special areas for building work 149\n\n148 Mapping of designated special areas 149\n\n149 Alteration to and creation of designated special area 149\n\n150 Termite risk areas 149\n\n151 Construction in termite risk areas 150\n\n152 Significant snowfall areas 150\n\n153 Report and consent for building in areas liable to flooding 150\n\n154 Report and consent for construction on designated land or designated works 152\n\nPart 11—Bushfire safety 153\n\nDivision 1—Construction in designated bushfire prone areas 153\n\n156 Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit 153\n\n157 Relevant building surveyor must accept bushfire attack level of 12·5 154\n\nDivision 2—Requirements for buildings replacing buildings destroyed in the 2009 bushfires 155\n\n159 Application of this Division 155\n\n160 Static water supply for fire fighting purposes 155\n\n161 Access for emergency vehicles 157\n\n162 Report and consent required for non-complying static water supply and access 159\n\nDivision 3—Private bushfire shelters 159\n\n163 Application of this Division 159\n\n164 Private bushfire shelter construction requirements 159\n\n165 Private bushfire shelter performance requirements—performance solutions 160\n\n166 Private bushfire shelter maintenance and operation 161\n\nPart 11A—Emergency provisions 162\n\nDivision 1—Definition in this Part 162\n\n166AA Definition of *emergency* 162\n\nDivision 2—Emergency accommodation buildings 163\n\n166A Definitions in this Division 163\n\n166B Meaning of emergency accommodation building 164\n\n166C Intended occupier must notify the relevant council of intended occupation of emergency accommodation building 165\n\n166D Occupation of emergency accommodation building prohibited before notified commencement date 166\n\n166E Municipal building surveyor may inspect emergency accommodation building 166\n\n166F Requirements for emergency accommodation buildings 166\n\n166G Exemption from certain requirements for emergency accommodation buildings 167\n\n166H Occupation of emergency accommodation building prohibited unless building complies with the Act and these Regulations 170\n\nDivision 3—Exemption from the building permit levy for emergency recovery 170\n\n166I Definition in this Division 170\n\n166J Rebuilding of a dwelling destroyed in an emergency exempt from building permit levy 170\n\n166K Refund of building permit levy relating to rebuilding of a dwelling destroyed in an emergency 171\n\nPart 12—Inspections, notices and orders, and register of powers of entry 172\n\nDivision 1—Inspections and directions 172\n\n167 Prescribed mandatory notification stages for construction or alteration of building 172\n\n168 Prescribed mandatory notification stages for demolition or removal of building 172\n\n169 Prescribed mandatory notification stages for construction of swimming pool or spa 173\n\n170 Omission of irrelevant mandatory notification stage 173\n\n171 Building permit must specify mandatory notification stages 173\n\n172 Building surveyor must cause fire and smoke resisting building elements to be inspected 174\n\n173 Record of inspection of building work 175\n\n174 Prescribed persons carrying out inspections 175\n\n175 Relevant building surveyor to keep and make available directions to fix building work 176\n\n176 Person to whom authorised person must give documents under section 37J of the Act 176\n\nDivision 2—Notices and orders 177\n\n177 Emergency orders 177\n\n178 Form of emergency orders 177\n\n179 Building notices 178\n\n180 Form of building notice 178\n\n181 Building orders 178\n\n182 Form of building orders 179\n\n182A Additional information in order or notice served in accordance with section 236(4A) of the Act 179\n\nDivision 3—Powers of entry 180\n\n183 Register of exercise of powers of entry 180\n\nPart 13—Occupancy permits and certificates of final inspection 183\n\nDivision 1—General 183\n\n184 Application of Part 183\n\n185 Exemptions from occupancy permit 183\n\nDivision 2—Applications for occupancy permit 183\n\n186 Application for occupancy permit 183\n\n187 Reporting authorities for occupancy permit 184\n\n188 Time limits for application to be given to reporting authority 185\n\n189 Time limits relating to the report or consent of reporting authorities 185\n\n190 Time within which relevant building surveyor must decide application for occupancy permit 186\n\n191 Time within which municipal building surveyor must decide application to amend occupancy permit 186\n\nDivision 3—Occupancy permits 187\n\n192 Form of occupancy permit 187\n\n193 Relevant building surveyor to provide copy of permit 187\n\n194 Occupancy permit must specify essential safety measures and related requirements 187\n\n195 Condition on occupancy permit 188\n\n196 Compliance with AS 1851—2012 taken to be compliance with earlier standards 189\n\nDivision 4—Display and inspection requirements for occupancy permits 190\n\n197 Display of occupancy permit at approved location 190\n\n198 Approved location for display of permit 190\n\n199 Owner to make permit available for inspection 191\n\nDivision 5—Certificates of final inspection 191\n\n200 Form of certificate of final inspection 191\n\n201 Relevant building surveyor to notify chief officer of issue of certificates of final inspection 191\n\nDivision 6—Records 192\n\n202 Keeping of occupancy permit records 192\n\n203 Documents to be given to council 193\n\n204 Prescribed time to give council other documents 194\n\n205 Information to be supplied to council 195\n\nPart 14—Places of public entertainment 196\n\n206 Prescribed classes of buildings or places 196\n\n207 Prescribed temporary structures 197\n\n208 Exemption from permit for temporary structures 197\n\n209 Prescribed place of public entertainment 198\n\n210 Conditions on occupancy permits 198\n\n211 Safety officer qualifications 199\n\n212 Structural design of prescribed temporary structures 199\n\nPart 15—Maintenance of buildings and places of public entertainment 200\n\nDivision 1—Maintenance of essential safety measures 200\n\nSubdivision 1—General 200\n\n213 Application of this Division 200\n\n214 Definitions in this Division 200\n\nSubdivision 2—Maintenance determinations 201\n\n215 Maintenance determinations for essential safety measures in buildings and places of public entertainment 202\n\n216 Owner must comply with maintenance determination 203\n\n217 Compliance with AS 1851—2012 taken to be compliance with earlier standards 203\n\nSubdivision 3—Maintenance schedules 204\n\n218 Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment 204\n\n219 Owner of building or place of public entertainment may apply for maintenance schedule 205\n\n220 Building surveyor may prepare maintenance schedule 205\n\n221 Building surveyor must give owner copy of maintenance schedule 206\n\n222 Maintenance schedules 206\n\nSubdivision 4—Reporting and records 207\n\n223 Owner must prepare annual essential safety measures report 207\n\n224 Contents and form of annual essential safety measures report 208\n\n225 Records relating to essential safety measures must be made available 209\n\n226 Maintenance responsibility of owner of building or place of public entertainment 210\n\n227 Essential safety measures not to be removed from approved locations 211\n\nDivision 2—Maintenance of exits and paths of travel relating to buildings or places of public entertainment 211\n\n228 Maintenance of exits and paths of travel by occupiers of buildings or places of public entertainment 211\n\nPart 16—Existing buildings 212\n\nDivision 1—Change of use of existing buildings 212\n\n229 Change of use 212\n\n230 Private building surveyor may exercise functions of municipal building surveyor under regulation 229 213\n\nDivision 2—Subdivision of existing buildings 213\n\n231 Subdivision of existing building 213\n\n232 Private building surveyor may exercise functions of municipal building surveyor under regulation 231 214\n\nDivision 3—Alterations 214\n\n233 Alteration to existing building 214\n\n234 Alterations affecting exits and paths to exits 215\n\n235 Extension of non-complying external wall 216\n\n236 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities 216\n\nDivision 4—General 220\n\n237 Small live music venue classification 220\n\nPart 17—Building product accreditation 222\n\nDivision 1—Definitions 222\n\n238 Definitions 222\n\nDivision 2—Accreditation persons and bodies 222\n\n239 Prescribed persons and bodies to accredit building products 222\n\n240 Definition of Certificate of Accreditation in the BCA 222\n\nDivision 3—Accreditation by Committee 223\n\n241 Application of Division 223\n\n242 Application for accreditation 223\n\n242A Application for renewal of accreditation 224\n\n242AB Application for variation of accreditation 225\n\n242B Refusal to accredit, renew or vary an accreditation 226\n\n243 Information in application to remain confidential 227\n\n244 Accreditation application fees 228\n\n244A Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation 228\n\n245 Issue or re-issue of a certificate of accreditation 229\n\n246 Revocation of accreditation 230\n\n247 Holder may request revocation of accreditation 231\n\n248 Notice of revocation of accreditation 231\n\n249 Accreditation ceases to have effect on revocation 232\n\n250 Offence to falsely claim product accredited 232\n\nDivision 4—Register and records 232\n\n251 Register of accredited products 232\n\n252 Records 234\n\nDivision 5—Exemptions relating to accreditation of building products by prescribed persons and bodies 235\n\n253 Exemption relating to register of accredited products 235\n\n253A Exemption from transitional provisions for building products accredited on or after 1 January 2019 235\n\n253B Exemption from transitional provisions for building products accredited before 1 January 2019 235\n\nPart 18—Building practitioners 236\n\nDivision 1—Registration 236\n\n254 Information to accompany application for registration 236\n\n255 Certificate of registration 237\n\n256 Condition of registration 238\n\n256A Authority to be advised of nominee director changes 238\n\nDivision 1A—Register of Building Practitioners 239\n\n256B The Register of Building Practitioners 239\n\n256C Publication of information on Register of Building Practitioners 240\n\nDivision 2—Prescribed qualifications and classes of building practitioner and prescribed work 242\n\n257 Prescribed classes of building practitioner 242\n\n258 Prescribed qualifications 242\n\n259 Building surveyor work 243\n\n260 Building inspector work 243\n\n261 Domestic builder work 243\n\nDivision 3—Requirements for advertising and written statements 244\n\n262 Advertisements or written statements by registered building practitioners 244\n\n263 Advertisements or written statements by partnerships 244\n\nDivision 3A—Probity and discipline 244\n\n263A Authority must be notified of probity matters 244\n\n263B Grounds for disciplinary action 248\n\n263C Grounds for immediate suspension 248\n\nDivision 4—General 248\n\n264 Notice of suspension or cancellation of registration 248\n\n265 Professional standards 249\n\n266 Duplicate certificate fee 249\n\n267 Period for which private building surveyor may not act 249\n\nDivision 5—Exemptions for certain building practitioners 249\n\n268 Relevant building surveyor exempt from section 24A in relation to certain types of building work 249\n\n269 Relevant building surveyor exempt from section 24(6) and (7) of the Act in relation to certain building permit applications 250\n\n269A Relevant building surveyor exempt from certain requirements in section 24A(1) of the Act in relation to issuing certain building permits 250\n\n269B Certain persons exempt from section 169F(1) of the Act 251\n\nPart 19—Appeals and reviews 252\n\n271 Appeal periods 252\n\n272 Appeal, referral and application fees 256\n\n273 Fees for fast track appeals 259\n\n274 Refund of fees by Authority 259\n\n274A Exemptions to pay fees under this Part 259\n\n275 Review period 260\n\nPart 20—Infringement notices 261\n\n276 Authorised officers 261\n\n277 Prescribed offences 261\n\n278 Prescribed penalties 261\n\nPart 21—Exemptions 262\n\n279 Exemptions from building regulations 262\n\n280 Exemption for Class 10 buildings on farm land 262\n\n281 Exemptions relating to building surveyors for certain buildings 262\n\n281A Exemption from certain fees 264\n\n281B Exemption from building permit levy for building work relating to social housing 265\n\n281C Refund of certain building permit levy 267\n\n281D Authority is exempted from calculation and notification requirements 268\n\n281E Exemption from certain fees payable to the Authority under these Regulations 268\n\nPart 22—Transitional and savings provisions 269\n\n283 Registration of building practitioners not affected by revocation of Building Interim Regulations 2017 269\n\n284 Domestic builder (manager) 269\n\n285 Appointment of private building surveyor 270\n\nSchedule 1—Revocations 272\n\nSchedule 2—Duties and responsibilities of an owner-builder 273\n\nSchedule 3—Exemptions for building work and buildings 275\n\nSchedule 4—Forms 285\n\nSchedule 5—Prescribed matters reported on by prescribed reporting authorities 373\n\nSchedule 6—Planning schemes 377\n\nSchedule 7—Planning schemes applying to allotments containing homes destroyed in the 2009 bushfires 387\n\nSchedule 8—Essential safety measures 388\n\nSchedule 9—Prescribed classes of building practitioners and prescribed qualifications 393\n\nSchedule 10—Work authorised to be carried out by a registered building surveyor 438\n\nSchedule 11—Work authorised to be carried out by a registered building inspector 441\n\nSchedule 12—Domestic building work authorised to be carried out by registered domestic builders 443\n\nSchedule 13—Planning schemes that have an approved infrastructure contributions plan 451\n\n════════════\n\nEndnotes 452\n\n1 General information 452\n\n2 Table of Amendments 454\n\n3 Explanatory details 457\n\n**Version No.** **028**\n\n**Building Regulations 2018**\n\n**S.R. No. 38/2018**\n\nVersion incorporating amendments as at  \n\nPart 1—Preliminary\n\nDivision 1—Introduction\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to remake with amendments the regulations which control the design, construction and use of buildings and places of public entertainment; and\n\n(b) to prescribe standards for the construction and demolition of buildings; and\n\n(c) to prescribe standards of safety for places of public entertainment; and\n\n(d) to regulate matters relating to the use and maintenance of buildings and places of public entertainment; and\n\nReg. 1(e) substituted by S.R. No. 132/2023 reg. 4.\n\n(e) to prescribe requirements for the design, siting and access requirements for single dwellings and associated buildings and for small second dwellings; and\n\n(f) to prescribe standards and matters relating to the maintenance of fire safety and safety measures; and\n\nReg. 1(g) substituted by S.R. No. 116/2019 reg. 5.\n\n(g) to prescribe requirements for swimming pools and spas including—\n\n(i) swimming pool and spa safety; and\n\n(ii) registration of swimming pools and spas; and\n\n(iii) inspection of swimming pools and spas; and\n\n(iv) prescribing maximum fees relating to the registration of, lodgement of documents and information searches relating to, swimming pools and spas; and\n\n(h) to provide for matters relating to the accreditation of building products, construction methods, designs, components and systems connected with building work; and\n\n(i) to prescribe qualifications and provide for other matters relating to registration of building practitioners; and\n\n(j) to prescribe fees in relation to matters before the Building Appeals Board, the Authority and the Building Regulations Advisory Committee; and\n\n(k) to provide for other matters for the purposes of the **Building Act 1993**.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Authorising provisions","content":"\t2 Authorising provisions\n\nThese Regulations are made under sections 7, 9, 15A, 261 and 262 of, and Schedule 1 to, the **Building Act 1993**.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"\t3 Commencement\n\nThese Regulations come into operation on 2 June 2018.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Revocations","content":"\t4 Revocations\n\nThe Regulations listed in Schedule 1 are **revoked**.\n\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Definitions and interpretation","content":"Division 2—Definitions and interpretation\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"\t5 Definitions\n\n(1) In these Regulations—\n\nReg. 5(1) def. of *Adminis-trative Office Head* inserted by S.R. No. 21/2020 reg. 4.\n\n***Administrative Office Head***  has the same meaning as in section 4(1) of the **Public Administration Act 2004**;\n\n***allotment*** means land that can be disposed of separately under section 8A of the **Sale of Land Act 1962**  without being subdivided;\n\nReg. 5(1) def. of *applicable barrier standard* inserted by S.R. No. 116/2019 reg. 6.\n\n***applicable barrier standard***,  in relation to a swimming pool or spa barrier, means—\n\n(a) the requirements of the Act and these Regulations with which the barrier must comply (the ***barrier requirements***) in force at the date of construction of the swimming pool or spa; or\n\n(b) if after the date of construction of the swimming pool or spa, building work is carried out on the whole or part of the barrier resulting in the whole or part of the barrier having to comply with any subsequent barrier requirements—\n\n(i) the subsequent barrier requirements in force at the date of the issue of any building permit for the building work; or\n\n(ii) the subsequent barrier requirements in force at the date of the commencement of the building work if no building permit was issued for the building work;\n\n***approved*** means approved by the relevant building surveyor;\n\n***approved building envelope*** means documented design parameters that deal with a siting matter regulated under Part 5 that—\n\n(a) are specified in a planning permit for the subdivision of land granted under the **Planning and Environment Act 1987** on or after 1 July 1994; and\n\n(b) are—\n\n(i) specified in an agreement made under section 173 of the **Planning and Environment Act 1987** that is recorded on the Register under the **Transfer of Land Act 1958** in relation to the relevant allotment; or\n\n(ii) shown as restrictions on the plan of subdivision of land certified under the **Subdivision Act 1988** that is recorded on the Register under the **Transfer of Land Act 1958** in relation to the relevant allotment;\n\n***architectural feature*** means eaves, brackets, cornices, light fixtures, coping, fascia, windowsills and similar parts of a building that are for decorative purposes and which can be removed from a building or structure without adversely affecting that building's structural integrity;\n\n***AS 1851—2012*** means AS 1851—2012 Routine service of fire protection systems and equipment published on 3 December 2012, as in force or as issued from time to time;\n\nReg. 5(1) def. of  \n*AS 3959* substituted by S.R. No. 40/2019 reg. 5(a).\n\n***AS 3959*** means AS 3959:2018 Construction of buildings in bushfire-prone areas published on 14 November 2018, as incorporated for the time being by the BCA;\n\nReg. 5(1) def. of *BCA Volume One* amended by S.R. No. 40/2019 reg. 5(b).\n\n***BCA Volume One*** means Volume One of the National Construction Code Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;\n\nReg. 5(1) def. of *BCA Volume Two* amended by S.R. No. 40/2019 reg. 5(c).\n\n***BCA Volume Two*** means Volume Two of the National Construction Code Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;\n\n***bushfire*** ***attack level*** has the same meaning as in AS 3959;\n\nReg. 5(1) def. of *Bushfire Recovery Victoria* inserted by S.R. No. 21/2020 reg. 4, revoked by S.R. No. 80/2023 reg. 4.\n\n***certificate of final inspection*** means a certificate issued under section 38 of the Act;\n\nReg. 5(1) def. of *civil engineer* inserted by S.R. No. 73/2021 reg. 5(1).\n\n***civil engineer*** means an endorsed building engineer registered in the area of civil engineering;\n\n***clear to the sky*** in relation to an area means an unroofed area or an area roofed with a material that transmits at least 90% of light;\n\n***combined allotment*** means two or more adjoining allotments or an allotment and adjoining land;\n\n***commencement date*** in relation to building work has the same meaning as in regulation 55(1);\n\n***completion date*** in relation to building work has the same meaning as in regulation 55(2);\n\nReg. 5(1) def. of *date of construction* inserted by S.R. No. 116/2019 reg. 6.\n\n***date of construction*** of a swimming pool or spa means the date the swimming pool or spa was constructed as determined by the relevant council under regulation 147T or 147U (as the case requires);\n\n***declared road*** means a freeway or an arterial road, both within the meaning of the **Road Management Act 2004**;\n\n***designated land*** means any land declared to be designated land under Part 10 of the **Water Act 1989**;\n\n***designated special area*** means—\n\n(a) an area liable to flooding; or\n\n(b) an area designated under regulation 150 as an area in which buildings are likely to be subject to attack by termites; or\n\n(c) an area designated under regulation 152 as likely to be subject to significant snowfalls; or\n\n(d) designated land; or\n\n(e) designated works;\n\n***designated works*** means any works declared to be designated works under Part 10 of the **Water Act 1989**;\n\nReg. 5(1) def. of *Director of Housing* inserted by S.R. No. 101/2020 reg. 5.\n\n***Director of Housing*** has the same meaning as it has in the **Housing Act 1983**;\n\n***drainage authority*** in relation to a district means the Authority to which Division 3 of Part 10 of the **Water Act 1989** applies in relation to that district;\n\nReg. 5(1) def. of *electrical engineer* inserted by S.R. No. 73/2021 reg. 5(1).\n\n***electrical engineer*** means an endorsed building engineer registered in the area of electrical engineering;\n\n***electricity supply authority*** has the same meaning as ***electricity corporation*** has in section 85 of the **Electricity Industry Act 2000**;\n\nReg. 5(1) def. of *emergency accom-modation building* inserted by S.R. No. 83/2020 reg. 4.\n\n***emergency accommodation building*** has the same meaning as in regulation 166B;\n\n***essential safety measure*** has the same meaning as it has in regulation 214;\n\n***farm land*** has the same meaning as it has in section 2(1) of the **Valuation of Land Act 1960**;\n\n***fence*** includes—\n\n(a) a screen; or\n\n(b) a structure similar to a fence;\n\nReg. 5(1) def. of *fire performance requirement* substituted by S.R. No. 102/2023 reg. 3.\n\n***fire performance requirement*** means—\n\n(a) performance requirement B1P1, D1P2, D1P3, D1P4 or D1P6 of the BCA Volume One (to the extent that it relates to fire safety); or\n\n(b) performance requirement C1P1, C1P2, C1P3, C1P4, C1P5, C1P6, C1P7, C1P8, C1P9, D1P5, E1P1, E1P2, E1P3, E1P4, E1P5, E1P6, E2P1 or E2P2 of the BCA Volume One; or\n\n(c) performance requirement H1P1, H3P1 or H3P2 of the BCA Volume Two (to the extent that it relates to fire safety for a Class 1b building or a Class 10 building not associated with a Class 1a building);\n\nReg. 5(1) def. of *fire safety engineer* substituted by S.R. No. 73/2021 reg. 5(2).\n\n***fire safety engineer*** means an endorsed building engineer registered in the area of fire safety engineering;\n\n***floodplain management authority*** in relation to a district means an Authority or Minister to which Division 4 of Part 10 of the **Water Act 1989** applies in relation to that district;\n\n***Form*** means a form in Schedule 4;\n\n***gas supply authority*** means—\n\n(a) in relation to an area served by a reticulated gas supply, a gas company within the meaning of the **Gas Safety Act 1997**; and\n\n(b) in relation to pipelines to which the **Pipelines** **Act 2005** applies, the Minister responsible for the administration of that Act;\n\n***height*** in relation to—\n\n(a) a building (other than a wall or fence) at any point, means the vertical distance between natural ground level and the top of the roof covering; and\n\n(b) a wall at any point, means the vertical distance between the natural ground level at the base of the wall and the point at which the outer wall intersects the plane of the top of the roof covering or the top of the parapet, whichever is higher; and\n\n(c) a fence at any point, means the vertical distance between the natural ground level at the base of the fence and the top of the fence;\n\n***Keeper of Public Records*** means the Keeper of Public Records within the meaning of the **Public Records Act 1973**;\n\n***maintenance determination*** has the same meaning as it has in regulation 214;\n\n***maintenance schedule*** has the same meaning  \nas it has in regulation 214;\n\nReg. 5(1) def. of *management condition* inserted by S.R. No. 73/2021 reg. 5(1).\n\n***management condition*** means a condition imposed by the Authority, under section 171H of the Act, on the registration of a building practitioner in the category of builder, class of domestic builder (unlimited) that limits the practitioner's authorised scope of work to managing and arranging the carrying out of domestic building work;\n\nReg. 5(1) def. of *mechanical engineer* inserted by S.R. No. 73/2021 reg. 5(1).\n\n***mechanical engineer*** means an endorsed building engineer registered in the area of mechanical engineering;\n\n***medium street*** means a street that is more than 6 m in width but not exceeding 10 m in width;\n\n***narrow street*** means a street that is 6 m or less in width;\n\n***north-facing habitable room window*** means a window of a habitable room that has an axis perpendicular to its surface oriented true north 20° west to true north 30° east;\n\nReg. 5(1) def. of *participating registered agency* inserted by S.R. No. 101/2020 reg. 5.\n\n***participating registered agency*** has the same meaning as it has in the **Housing Act 1983**;\n\n***pergola*** means an open structure that is unroofed but may have a covering of open weave permeable material;\n\n***planning permit*** means a planning permit granted under the **Planning and Environment Act 1987**;\n\n***planning scheme*** means a planning scheme approved under the **Planning and Environment Act 1987** as in force from time to time;\n\n***private open space*** means—\n\n(a) an unroofed area of land; or\n\n(b) a deck, terrace, patio, balcony, pergola, verandah, gazebo, swimming pool or spa;\n\nReg. 5(1) def. of *recreational private open space* amended by S.R. No. 132/2023 reg. 5(2).\n\n***recreational private open space*** means any part of a private open space on an allotment—\n\n(a) which is—\n\n(i) at the side or rear of an existing dwelling including a small second dwelling on the allotment; or\n\n(ii) within the front setback of an existing dwelling including a small second dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5 m high and that has no more than 25% of its area open; and\n\n(b) which is primarily intended for outdoor recreation activities;\n\nReg. 5(1) def. of *register* inserted by S.R. No. 116/2019 reg. 6.\n\n***register***, in relation to a swimming pool or spa, means the swimming pool and spa register of a council;\n\nReg. 5(1) def. of *registered spa* inserted by S.R. No. 116/2019 reg. 6.\n\n***registered spa*** means a spa that is registered under Division 4 of Part 9A on a swimming pool and spa register;\n\nReg. 5(1) def. of *registered swimming pool* inserted by S.R. No. 116/2019 reg. 6.\n\n***registered swimming pool*** means a swimming pool that is registered under Division 4 of Part 9A on a swimming pool and spa register;\n\nReg. 5(1) def. of *relevant building permit* inserted by S.R. No. 73/2021 reg. 5(1).\n\n***relevant building permit*** means a building permit that is referred to in regulation 269A(1);\n\nReg. 5(1) def. of *relevant building practitioner* inserted by S.R. No. 73/2021 reg. 5(1).\n\n***relevant building practitioner*** means a building practitioner registered under Part 11 of the Act in the category of builder, in the class of—\n\n(a) domestic builder (manager); or\n\n(b) domestic builder (unlimited) subject to a management condition;\n\nReg. 5(1) def. of *relocatable spa* inserted by S.R. No. 116/2019 reg. 6.\n\n***relocatable spa*** means a spa that is capable of being relocated;\n\nReg. 5(1) def. of *relocatable swimming pool* inserted by S.R. No. 116/2019 reg. 6.\n\n***relocatable swimming pool*** means a swimming pool that is capable of being relocated;\n\n***septic tank system*** has the same meaning as  \nit has in section 53J(1) of the **Environment Protection Act 1970**;\n\n***service authority*** means any of the following—\n\n(a) a council;\n\n(b) a drainage authority;\n\n(c) an electricity supply authority;\n\n(d) a gas supply authority;\n\n(e) a sewerage authority;\n\n(f) a water supply authority;\n\n***setback***, from a boundary or building, means a horizontal distance from that boundary or building;\n\n***sewerage authority*** in relation to a sewerage district under the **Water Act 1989** means the Authority for that sewerage district under that Act;\n\n***site coverage*** in relation to an allotment means that part of the allotment, which is covered by buildings, expressed as a percentage of the area of the allotment;\n\nReg. 5(1) def. of *small second dwelling* inserted by S.R. No. 132/2023 reg. 5(1).\n\n***small second dwelling*** means a Class 1a building that is self-contained and has a gross floor area that is equal to or less than 60 m2 on the same allotment as an existing building that is a single Class 1 building that is not a small second dwelling;\n\nReg. 5(1) def. of *social housing* inserted by S.R. No. 101/2020 reg. 5.\n\n***social housing*** has the same meaning as it has in the **Housing Act 1983**;\n\nReg. 5(1) def. of *spa* inserted by S.R. No. 116/2019 reg. 6.\n\n***spa*** unless otherwise stated includes a relocatable spa;\n\n***street*** includes road, highway, carriageway, lane, footway, square, court, alley and right of way;\n\n***street alignment*** means the line between a street and an allotment;\n\nReg. 5(1) def. of *swimming pool* inserted by S.R. No. 116/2019 reg. 6.\n\n***swimming pool*** unless otherwise stated includes a relocatable swimming pool;\n\n***the Act*** means the **Building Act 1993**;\n\n***water supply authority*** in relation to a water district under the **Water Act 1989** means the Authority for that water district under that Act;\n\n***wide street*** is a street that is more than 10 m in width.\n\n(2) For the purposes of subregulation (1), land is in an ***area liable to flooding*** if—\n\n(a) by or under the **Water Act 1989** it is determined as being liable to flooding (however expressed); or\n\n(b) it is identified in a planning scheme under the **Planning and Environment Act 1987** as being in an area liable to flooding (however expressed); or\n\n(c) it is described on a certified or sealed plan of subdivision or plan of strata subdivision or plan of cluster subdivision (as the case requires) as being liable to flooding (however expressed); or\n\n(d) it is designated by the relevant council as likely to be flooded by waters from—\n\n(i) a ***waterway***, as defined in section 3(1) of the **Water Act 1989**; or\n\n(ii) any land upon which water concentrates or upon or over which surface water usually or occasionally flows (whether in a defined channel or otherwise) including land affected by flow from a drainage system.\n\n(3) For the purposes of subregulation (1), the ***width*** of a street must take into account the accumulative width of all parts of a street including, for example, footways and roads.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Interpretation","content":"\t6 Interpretation\n\nIf a provision of any document applied, adopted or incorporated by, or referred to in, these Regulations is inconsistent with any provision in these Regulations, the provision in these Regulations prevails.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Numerical values","content":"\t7 Numerical values\n\nThe numerical values prescribed in these Regulations must be applied subject to tolerances according to any appropriate code, standard, rule, specification or provision adopted by reference in these Regulations, or normal trade practice, or good practice, as the case requires.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Use of buildings","content":"\t8 Use of buildings\n\nIn these Regulations any reference to the purpose for which a building is used includes the purpose for which it is proposed to be used.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Approved forms","content":"\t9 Approved forms\n\n(1) The Authority may from time to time approve forms for the purposes of these Regulations.\n\n(2) The Authority must publish any approved form in the Government Gazette.\n\n","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Building Code of Australia","content":"Part 2—Building Code of Australia\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Building Code of Australia","content":"\t10 Building Code of Australia\n\nThe BCA is adopted by and forms part of these Regulations as modified by these Regulations.\n\nReg. 10A inserted by S.R. No. 102/2023 reg. 4, amended by S.R. No. 122/2023 reg. 4, revoked by S.R. No. 38/2018 reg. 10A(3).\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Use of BCA terms","content":"\t11 Use of BCA terms\n\nSubject to the Act and to regulations 5 and 6, words and expressions used in these Regulations have the same meanings as they have in the BCA.\n\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Classification of buildings","content":"\t12 Classification of buildings\n\nFor the purposes of these Regulations, buildings must be classified as set out in the BCA.\n\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Relevant building surveyor must determine the classification of a building","content":"\t13 Relevant building surveyor must determine the classification of a building\n\n(1) The relevant building surveyor must determine the classification of a building when performing a function under the Act or these Regulations.\n\n(2) If there is any doubt as to the classification of a building under the BCA, the relevant building surveyor must classify the building as belonging to the class it most closely resembles.\n\nPart 3—Owner-builders\n\nDivision 1—Applications for certificates of consent for owner‑builders\n\n\t14 Applications for certificates of consent\n\n(1) An application for a certificate of consent to carry out domestic building work on land must be in the form approved by the Authority and contain the information set out in subregulation (2).\n\n(2) For the purposes of section 25C(2)(a) of the Act, the following information is the prescribed information to be contained in the application—\n\n(a) the address of the land on which the domestic building work is to be carried out;\n\n(b) the name, address, telephone number and ABN, ACN or ARBN (if applicable) of each owner of the land;\n\n(c) if the applicant is not an owner of the land, the name, address, telephone number and ABN, ACN or ARBN (if applicable) of the applicant;\n\n(d) a description of the proposed domestic building work;\n\n(e) details of the cost of the proposed domestic building work;\n\n(f) whether or not a building permit referred to in section 25E(1)(e), (f) or (g) of the Act has been issued in the previous 5 years;\n\n(g) the type of work in which the applicant is engaged or intends to engage, and whether it is for profit or gain;\n\n(h) if the applicant intends to seek an exemption under section 25E(4) of the Act, details of the grounds on which the exemption is sought.\n\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Information to accompany application for certificate of consent","content":"\t15 Information to accompany application for certificate of consent\n\nFor the purposes of section 25C(2)(c)(i) of the Act, an application for a certificate of consent must be accompanied by the following information—\n\n(a) any evidence or proof of identity of the applicant that is required by the Authority;\n\n(b) if the land is under the operation of the **Transfer of Land Act 1958**, a copy of the certificate of title for the land dated within 7 days before the date of the application;\n\n(c) if the land is not under the operation of the **Transfer of Land Act 1958**, any evidence of ownership of the land required by the Authority;\n\n(d) if the applicant co-owns the land, a written statement from each other owner, stating that the owner authorises the making of the application dated within 28 days before the date of the application.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Additional information to accompany application for certificate of consent if land is owned by body corporate","content":"\t16 Additional information to accompany application for certificate of consent if land is owned by body corporate\n\nFor the purposes of section 25C(2)(c)(i) of the Act, an application for a certificate of consent must be accompanied by the following information in addition to the information required under regulation 15, if the land to which the application relates is owned by a body corporate—\n\n(a) if the owner is a company incorporated under the Corporations Act, a copy of a record of a current company extract dated within 7 days before the date of the application, from the records maintained by the Australian Securities and Investments Commission continued under the ASIC Act  that shows the company name, ABN, ACN, the names of the directors and the address of the company's registered office;\n\n(b) if the body corporate is not a company incorporated under the Corporations Act, any evidence of incorporation required by the Authority;\n\n(c) a written authorisation of the body corporate to the making of the application and the carrying out of the domestic building work on the land by the applicant dated within 28 days before the date of the application;\n\n(d) a description of the nature of the business of the body corporate.\n\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Additional information to accompany application for certificate of consent if land is subject to trust","content":"\t17 Additional information to accompany application for certificate of consent if land is subject to trust\n\nFor the purposes of section 25C(2)(c)(i) of the Act, an application for a certificate of consent must be accompanied by the following information, in addition to the information required under regulation 15, if the land to which the application relates is the subject of a trust—\n\n(a) a certified copy of the trust deed, together with any subsequent amendments, showing the name of the trust, the name of each trustee and the name of each beneficiary and which is certified within 28 days before the date of the application;\n\n(b) a written authorisation by each trustee of the trust to the making of the application and to the carrying out of the domestic building work by the applicant on the land dated within 28 days before the date of the application;\n\n(c) a description of the nature of the business of the trust (if any).\n\nIt is an offence under section 246 of the Act to make false or misleading statements or provide false or misleading information.\n\nReg. 18 amended by S.R. No. 59/2024 reg. 5.\n\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Fee for an application for certificate of consent","content":"\t18 Fee for an application for certificate of consent\n\nFor the purposes of section 25C(2)(c)(ii) of the Act, the fee for an application for the issue of a certificate of consent is 14⸱42 fee units.\n\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Required knowledge for owner-builders","content":"\t19 Required knowledge for owner-builders\n\nFor the purposes of section 25E(1)(ab) of the Act, the knowledge of the duties and responsibilities of an owner-builder set out in Schedule 2 is prescribed.\n\nReg. 19A inserted by S.R. No. 132/2023 reg. 6.\n\n","sortOrder":20},{"sectionNumber":"19A","sectionType":"section","heading":"Exemption relating to small second dwellings","content":"\t19A Exemption relating to small second dwellings\n\nSection 25E(1)(d), (e), (f) and (g) of the Act does not apply in respect of the decision of the Authority to issue a certificate of consent under section 25C of the Act if the application for a building permit to carry out domestic building work is in relation to the construction of a small second dwelling.\n\nDivision 2—Certificates of consent\n\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Information in certificate of consent","content":"\t20 Information in certificate of consent\n\nFor the purposes of section 25G(1)(a) of the Act, a certificate of consent must contain the following information⎯\n\n(b) a description of the proposed domestic building work to which the certificate relates;\n\n(c) the address of the land on which the domestic building work to which the certificate relates is to be carried out;\n\n(d) details of the cost of the proposed domestic building work;\n\n(e) an identification number of the certificate;\n\n(f) the name, address, telephone number and ABN, ACN or ARBN (if applicable) of each owner of the land;\n\n(g) if the applicant is not an owner of the land, the name, address, telephone number and ABN, ACN or ARBN (if applicable) of the applicant;\n\n(h) if an owner of the land is a body corporate, the names of all the directors of the body corporate;\n\n(i) if the land is subject to a trust, the name of that trust and the names of all the trustees of that trust.\n\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Register of certificates of consent","content":"\t21 Register of certificates of consent\n\nFor the purposes of section 25H(2) of the Act, the register of certificates of consent kept by the Registrar of the Authority must contain the following information in relation to each certificate of consent issued⎯\n\n(b) the identification number of the certificate;\n\n(c) the address of the land to which the certificate relates;\n\n(d) the name, address, telephone number and ABN, ACN or ARBN (if applicable) of each owner of the land;\n\n(e) the description of the proposed domestic building work to be carried out on the land;\n\n(f) if the applicant for the certificate is not an owner of the land, the name, address, telephone number and ABN, ACN or ARBN (if applicable) of the applicant;\n\n(g) if an owner of the land is a body corporate, the names of all the directors of the body corporate;\n\n(h) if the land is subject to a trust, the name of the trust and the names of all the trustees of the trust.\n\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Publication of information kept on the register of certificates of consent","content":"\t22 Publication of information kept on the register of certificates of consent\n\n(1) For the purposes of section 25H(3) of the Act, the Authority may publish on the Authority's website the following information that is kept on the register of certificates of consent in relation to each certificate of consent issued—\n\n(b) the identification number of the certificate;\n\n(c) a description of the proposed domestic building work to which the certificate relates;\n\n(d) the address of the land on which the domestic building work to which the certificate relates is to be carried out.\n\n(2) The Authority may publish the information under subregulation (1) relating to a certificate of consent issued in the previous 10 years.\n\nPart 4—Building permits\n\nDivision 1—Exemptions\n\n\t23 Exemptions from building permits\n\nA building permit is not required under the Act for the buildings and building work specified in column 2 of the Table in Schedule 3.\n\nDivision 2—Applications for building permits\n\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Applications for building permits","content":"\t24 Applications for building permits\n\n(1) An application for a building permit must be in the form of Form 1.\n\n(2) For the purposes of clause 1(a) of Schedule 2 to the Act, the prescribed information to be contained in the application is the information set out in Form 1.\n\n(3) For the purposes of clause 1(b) of Schedule 2 to the Act, the documents to accompany the application are—\n\n(a) the documents set out in Form 1 to accompany the application; and\n\n(b) subject to regulation 27, the documents required under regulations 25, 26 and 28.\n\n(4) An application for a building permit must contain sufficient information to show that the proposed building work will comply with the Act and these Regulations.\n\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Application for permit to construct or alter building","content":"\t25 Application for permit to construct or alter building\n\n(1) An application for a building permit to construct or alter a building must be accompanied by the following—\n\n(a) a copy of any planning permit relating to the proposed building work to which the permit application applies;\n\n(b) drawings showing the plan at each floor level, elevations, sections, dimensions and the sizes and locations of structural members to a scale of not less than 1:100, together with any details that are necessary to show compliance to a scale of not less than 1:20, or to other approved scales;\n\n(c) specifications describing materials and methods to be used in the construction or alteration;\n\n(d) allotment plans to a scale of not less than 1:500 or other approved scales, showing the matters set out in subregulation (2);\n\n(e) a statement of the use or proposed use of all buildings shown on allotment plans;\n\n(f) a copy of any computations or reports necessary to demonstrate that the building and building work will, if constructed in accordance with the computations and reports, comply with the Act and these Regulations;\n\n(g) if the application is for a building permit to alter an existing building, copies of drawings and allotment plans that clearly differentiate between the existing building and the proposed building work for which the  \npermit is sought.\n\n(2) The following matters are to be shown on an allotment plan—\n\n(a) the boundaries and dimensions of the allotment and any easements that are relevant to the proposed building work;\n\n(b) the distance to the nearest intersecting street;\n\n(c) the position and dimensions of the proposed building and its relationship to—\n\n(i) the boundaries of the allotment; and\n\n(ii) any existing building on the allotment; and\n\n(iii) any part of a building or land on an adjoining allotment if necessary to show compliance with the Act and these Regulations;\n\n(d) the levels of the allotment, floors of the building, street drainage channel and stormwater drain;\n\n(e) the layout of drains to the point of discharge on the allotment together with details necessary to show compliance with the Act and these Regulations;\n\n(f) the location, dimensions and area of impermeable surfaces covering the allotment if necessary for the purposes of regulation 77;\n\n(g) the location and dimensions of car parking spaces for the purposes of regulation 78;\n\nReg. 25(2)(h) amended by S.R. No. 132/2023 reg. 7.\n\n(h) the location, dimensions and area of private open space for the purposes of regulation 86 or regulation 86A.\n\n(3) An application for a building permit to construct or alter a building must also be accompanied by any additional copies of the documents set out in subregulation (1) that the relevant building surveyor reasonably requires.\n\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Application for permit to demolish or remove building","content":"\t26 Application for permit to demolish or remove building\n\n(1) An application for a building permit to demolish or remove a building must be accompanied by the following—\n\n(a) a copy of any planning permit relating to the proposed building work to which the permit application applies;\n\n(b) an outline and a description of the building or part of the building to be demolished or removed;\n\n(c) an allotment plan showing the location of—\n\n(i) the building in relation to the boundaries of the allotment and adjoining buildings; and\n\n(ii) other buildings on the allotment; and\n\n(iii) streets, footpaths or crossings adjoining the allotment;\n\n(d) if only a part of the building is to be demolished or removed, computations or other information to show that the remainder of the building will comply with the Act and these Regulations either as it remains after the proposed demolition or removal takes place or after other works are undertaken;\n\n(e) information showing the position and description of hoardings, allotment boundaries, barricades, temporary crossings, protective awnings and outriggers;\n\n(f) a written description of the demolition or removal procedure;\n\n(g) evidence that the demolisher has the necessary knowledge, experience, equipment and storage facilities to properly conduct the demolition operations.\n\n(2) An application for a building permit to demolish or remove a building must also be accompanied by any additional copies of the documents set out in subregulation (1) that the relevant building surveyor reasonably requires.\n\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Exemption from application requirements for certain building work","content":"\t27 Exemption from application requirements for certain building work\n\nThe relevant building surveyor may exempt an application for a building permit in respect of building work from any requirement under regulation 25 or 26 which the relevant building surveyor considers is not required to demonstrate that the building work will comply with the Act and these Regulations.\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Application for permit where swimming pool or spa proposed","content":"\t28 Application for permit where swimming pool or spa proposed\n\nAn application for a building permit to construct a swimming pool or spa and any associated safety barrier must include, in addition to other information required under this Part, detailed drawings and specifications of the proposed barrier that—\n\n(a) clearly show the location of the swimming pool or spa and the barrier on the allotment; and\n\n(b) demonstrate the barrier's compliance with these Regulations.\n\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Additional information to accompany application for permit","content":"\t29 Additional information to accompany application for permit\n\nThe relevant building surveyor may require all or any of the following information to be submitted in relation to an application for a building permit and the allotment to which it relates—\n\n(a) details of measures for the protection of the public under regulation 116;\n\nReg. 29(b) substituted by S.R. No. 40/2019 reg. 6(1), amended by S.R. No. 102/2023 reg. 5.\n\n(b) documentary evidence to support the use of a material, product, form of construction or design in a form referred to in Part A5 of the BCA Volume One or Part A5 of the BCA Volume Two;\n\n(c) a survey plan of existing site conditions prepared by a licensed surveyor within the meaning of the **Surveying Act 2004**;\n\n(d) if the allotment is under the operation of the **Transfer of Land Act 1958**, a copy of the certificate of title to the allotment;\n\n(e) evidence of ownership of the allotment or evidence that a contract has been entered into pursuant to section 9AA of the **Sale of Land Act 1962** in relation to the allotment;\n\nReg. 29(f) substituted by S.R. No. 75/2018 reg. 5(1).\n\n(f) evidence that the building work is to be carried out under the permit by a builder who is specified under section 24B of the Act for that work;\n\nReg. 29(fa) inserted by S.R. No. 75/2018 reg. 5(1).\n\n(fa) an extract of the major domestic building contract (if applicable) showing the names of the parties to the contract under which the proposed building work under the permit is to be carried out;\n\nReg. 29(fb) inserted by S.R. No. 75/2018 reg. 5(1).\n\n(fb) a copy of the certificate of insurance (if applicable) from an insurer providing the required insurance in relation to the proposed building work to be carried out under the permit;\n\n(g) details as to whether the allotment is—\n\n(i) in an area that is liable to flooding within the meaning of regulation 5(2); or\n\n(ii) in an area that is designated under regulation 150 as an area in which buildings are likely to be subject to attack by termites; or\n\n(iii) in an area designated under regulation 152 as likely to be subject to significant snowfalls; or\n\nReg. 29(g)(iv) amended by S.R. No. 75/2018 reg. 5(2).\n\n(iv) in an area that is a designated bushfire prone area as determined under section 192A of the Act; or\n\n(v) designated land;\n\n(h) details as to whether an approved building envelope applies to the allotment or to an adjoining allotment;\n\nReg. 29(i) amended by S.R. No. 40/2019 reg. 6(2).\n\n(i) a list of any essential safety measures to be provided for the building or place of public entertainment to which the building permit relates.\n\n","sortOrder":30},{"sectionNumber":"Div 3","sectionType":"division","heading":"Report or consent of reporting authorities","content":"Division 3—Report or consent of reporting authorities\n\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Prescribed reporting authorities","content":"\t30 Prescribed reporting authorities\n\nFor the purposes of clause 7(2) of Schedule 2 to the Act, the following are prescribed reporting authorities—\n\n(a) the chief officer;\n\n(b) a relevant council;\n\n(c) a relevant service authority;\n\n(d) a relevant electricity supply authority.\n\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Prescribed matters","content":"\t31 Prescribed matters\n\nFor the purposes of clause 7(2) of Schedule 2 to the Act—\n\n(a) a matter set out in column 2 of the Table in Part 1 of Schedule 5 is a prescribed matter in relation to the chief officer; and\n\n(b) a matter set out in column 2 of the Table in Part 2 of Schedule 5 is a prescribed matter in relation to the relevant council; and\n\n(c) a matter set out in column 2 of the Table in Part 3 of Schedule 5 is a prescribed matter in relation to the relevant service authority; and\n\n(d) a matter set out in column 2 of the Table in Part 4 of Schedule 5 is a prescribed matter in relation to the relevant electricity supply authority.\n\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Time limits for application to be given to reporting authority","content":"\t32 Time limits for application to be given to reporting authority\n\nFor the purposes of clause 4(2) of Schedule 2 to the Act, the prescribed time within which the relevant building surveyor must give a copy of an application for a building permit to each reporting authority required to report on or consent to the application is—\n\n(a) in the case of an application relating to a Class 1 or 10 building, 3 business days after the relevant building surveyor receives the application; or\n\n(b) in any other case, 5 business days after the relevant building surveyor receives the application.\n\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Further time for an applicant to supply a report or consent","content":"\t33 Further time for an applicant to supply a report or consent\n\nFor the purposes of clause 5(4) of Schedule 2 to the Act, the further time prescribed for an applicant to supply a report or consent to the relevant building surveyor is—\n\n(a) in the case of an application relating to a Class 1 or 10 building, 3 months; or\n\n(b) in any other case, 6 months.\n\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Time limits relating to the report or consent of reporting authorities","content":"\t34 Time limits relating to the report or consent of reporting authorities\n\n(1) For the purposes of clause 6(1), (2) and (3) of Schedule 2 to the Act, the prescribed time is—\n\n(a) in the case of an application relating to a Class 1 or 10 building—\n\n(i) for a matter under Division 2 of Part 5 or regulation 89, within 15 business days after a reporting authority is given an application for a building permit by the relevant building surveyor; and\n\n(ii) in all other cases, within 10 business days after a reporting authority is given an application for a building permit by the relevant building surveyor; or\n\n(b) in the case of an application relating to any other class of building—\n\n(i) for a matter referred to the chief officer, within 15 business days after the chief officer is given an application for a building permit by the relevant building surveyor; and\n\n(ii) in all other cases, within 10 business days after a reporting authority is given an application for a building permit by the relevant building surveyor.\n\n(2) For the purposes of clause 6A(2), (3) and (4) of Schedule 2 to the Act, the prescribed time is 15 business days after the reporting authority receives a copy of the application for the building permit.\n\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Time within which relevant building surveyor must decide application for building permit","content":"\t35 Time within which relevant building surveyor must decide application for building permit\n\n(1) For the purposes of section 19 of the Act, the relevant building surveyor must decide an application for a building permit—\n\n(a) in the case of a Class 1 or 10 building, within 10 business days after the relevant day; or\n\n(b) in any other case, within 15 business days after the relevant day.\n\n(2) In this regulation the ***relevant day*** means the earlier of—\n\n(a) the day on which all reports and consents required to be supplied by reporting authorities in relation to the application are received by the relevant building surveyor; or\n\n(b) the day by which the reports and consents referred to in paragraph (a) must be supplied to the relevant building surveyor.\n\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Maximum fees for report and consent","content":"\t36 Maximum fees for report and consent\n\n(1) The maximum fee payable for the consideration by a responsible authority under the **Planning and Environment Act 1987** as a reporting authority of an application for a building permit for demolition of a building referred to the reporting authority under section 29A of the Act for report and consent is 5·75 fee units.\n\nReg. 36(2) substituted by S.R. No. 59/2024 reg. 6(1).\n\n(2) The maximum fee payable for the consideration by the relevant council of an application for a building permit referred to it under regulation 132(1) or 134(2) or Part 6 or 10 is 19⸱61 fee units.\n\nReg. 36(2A) inserted by S.R. No. 59/2024 reg. 6(1).\n\n(2A) The maximum fee payable for the consideration by the relevant council of an application for a building permit referred to it under Part 5 is 27⸱45 fee units.\n\n(3) The maximum fee payable for the consideration by the relevant council of an application for a building permit referred to it under regulation 116(4) for report and consent is 19·9 fee units.\n\nReg. 36(4) amended by S.R. No. 59/2024 reg. 6(2).\n\n(4) The maximum fee payable for the consideration by the relevant council of an application for a building permit referred to it under regulation 133(2) for report and consent is 14⸱17 fee units.\n\n","sortOrder":38},{"sectionNumber":"Div 4","sectionType":"division","heading":"Building permits","content":"Division 4—Building permits\n\nReg. 36A inserted by S.R. No. 75/2018 reg. 6.\n\n","sortOrder":39},{"sectionNumber":"36A","sectionType":"section","heading":"Manner in which relevant building surveyor may be satisfied of builder's insurance details","content":"\t36A Manner in which relevant building surveyor may be satisfied of builder's insurance details\n\nFor the purposes of section 24A(2) of the Act, the relevant building surveyor may be satisfied of the matters in section 24A(1)(c)(i) of the Act by examining—\n\n(a) an extract of the major domestic building contract showing the names of the parties to the contract in relation to the proposed building work; and\n\n(b) a copy of the certificate of insurance from an insurer providing the required insurance in relation to the proposed building work.\n\nReg. 36B inserted by S.R. No. 75/2018 reg. 6.\n\n","sortOrder":40},{"sectionNumber":"36B","sectionType":"section","heading":"Specification of builders in relation to specific building work","content":"\t36B Specification of builders in relation to specific building work\n\nFor the purposes of paragraph (a) of the definition of ***prescribed amount*** in subsection 24B(8) of the Act, the amount is $10 000.\n\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Issue of building permit","content":"\t37 Issue of building permit\n\n(1) A building permit must be in the form of Form 2.\n\n(2) A building permit must be signed by the relevant building surveyor.\n\n(3) The relevant building surveyor must include on the building permit—\n\n(a) the commencement date and completion date of the building work; and\n\n(b) the mandatory notification stages for inspecting that building work.\n\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Building surveyor to document determination of performance solution","content":"\t38 Building surveyor to document determination of performance solution\n\nThe relevant building surveyor must record the following in writing if the relevant building surveyor determines that a performance solution meets a performance requirement of the BCA in relation to proposed building work—\n\n(a) the performance requirement with which the performance solution complies;\n\n(b) details of any one or more of the following that the relevant building surveyor uses or relies on in making the determination—\n\n(i) the assessment method or methods;\n\n(ii) the details of any expert judgement;\n\n(iii) the details of any tests or calculations;\n\n(iv) the details of any standards or other information.\n\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Building surveyor to provide copy of permit","content":"\t39 Building surveyor to provide copy of permit\n\n(1) The relevant building surveyor must within  \n7 days after issuing a building permit give to the applicant for the building permit—\n\n(a) a copy of the permit; and\n\n(b) 2 copies of the plans, specifications and other documents (except for computations or reports) lodged with the application (whether or not with amendments) with evidence of approval stamped and endorsed on them.\n\n(2) The relevant building surveyor must give a copy of a building permit within 7 days after the issue of the permit to—\n\n(a) the builder named in the permit; and\n\n(b) the owner of the allotment to which the permit relates if the owner did not apply for the permit.\n\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Applicant to make documents, permit available","content":"\t40 Applicant to make documents, permit available\n\nAn applicant for a building permit must provide a copy of the permit and one copy of any documents given to the applicant under regulation 39(1)(b) to the builder named in the building permit.\n\n","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Provision and display of permit information","content":"\t41 Provision and display of permit information\n\n(1) The builder named in the building permit must ensure that a copy of the building permit and one copy of each document given to the builder under regulation 40 are available for inspection at the allotment while the building work to which the building permit applies is being carried out on that allotment.\n\n(2) The builder named in the building permit must ensure that—\n\n(a) the following information is displayed on the allotment to which the permit relates in a conspicuous position accessible to the public before the commencement of the building work to which the permit applies (including demolition or removal of a building on the allotment)—\n\n(i) the registration numbers and contact details of the builder and the relevant building surveyor;\n\n(ii) the building permit number and the date of issue of the permit; and\n\n(b) the information referred to in paragraph (a) continues to be displayed and remains visible and legible for the duration of the building work.\n\nReg. 42 substituted by S.R. No. 75/2018 reg. 7.\n\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Owner to notify of change of details or owner","content":"\t42 Owner to notify of change of details or owner\n\nAn owner of a building or land to which a building permit relates must notify the relevant building surveyor within 14 days after—\n\n(a) any change—\n\n(i) in the name of the owner; or\n\n(ii) in the postal address of the owner; or\n\n(iii) in the address for serving or giving documents to the owner; or\n\n(b) the owner has transferred the ownership in the building or land.\n\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Builder to notify change of name or address","content":"\t43 Builder to notify change of name or address\n\nA building practitioner registered under Part 11 of the Act who is, or is to be, specified as the builder in a building permit must notify the owner of a building or land to which the building permit relates and the relevant building surveyor within 14 days after any change in the name or address of the building practitioner specified in the permit.\n\n","sortOrder":48},{"sectionNumber":"Div 5","sectionType":"division","heading":"Duties of building surveyor","content":"Division 5—Duties of building surveyor\n\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Documents to be given to council","content":"\t44 Documents to be given to council\n\n(1) The following documents are prescribed for the purposes of section 30(1A) of the Act—\n\nReg. 44(1)(aa) inserted by S.R. No. 40/2019 reg. 7.\n\n(aa) a notice given to the relevant building surveyor under section 25AA(1) of the Act;\n\nReg. 44(1)(a) amended by S.R. No. 75/2018 reg. 8(1).\n\nReg. 44(1)(b) amended by S.R. No. 75/2018 reg. 8(2).\n\n(b) a notice given to the relevant building surveyor under section 25AB(2) of the Act;\n\nReg. 44(1)(c) revoked by S.R. No. 75/2018 reg. 8(3).\n\n(d) a determination made by the relevant building surveyor under regulation 111(2);\n\n(e) a notice served on the relevant building surveyor under section 84(1) of the Act;\n\n(f) a notice given to the relevant building surveyor under section 85(1)(b) of the Act;\n\n(g) a determination of the relevant building surveyor under section 87(1) of the Act;\n\n(h) any determination of the Building Appeals Board;\n\n(i) a report and consent of a reporting authority prescribed under regulation 30;\n\n(j) a record under regulation 38 of a determination of the relevant building surveyor that a performance solution meets a performance requirement of the BCA;\n\n(k) a determination of the municipal building surveyor or a private building surveyor exercising the functions of a municipal building surveyor under regulation 64(1);\n\n(l) a document setting out any requirement of the relevant building surveyor under regulation 116 to take precautions to protect the safety of the public;\n\n(m) any certificate issued under section 238 of the Act on which the relevant building surveyor has relied together with any record of a building practitioner made under regulation 124(1) that relates to the certificate;\n\n(n) any exemption from, or consent to partial compliance with, certain requirements of these Regulations relating to a building or building work that has been given by the municipal building surveyor or a private building surveyor exercising the functions of a municipal building surveyor under regulation 229(2) or 231(2) or by the relevant building surveyor under regulation 233(3) or 234(2);\n\n(o) any document required by the relevant building surveyor under clause 2 of Schedule 2 to the Act;\n\n(p) a copy of any permit required for the construction, installation or alteration of a septic tank system issued under section 53M(5) of the **Environment Protection Act 1970** if the building work to which the permit applies involves such construction, installation or alteration.\n\nReg. 44(2) amended by S.R. No. 75/2018 reg. 8(4).\n\n(2) The prescribed time for the purposes of section 30(1A) of the Act in relation to a document prescribed in subregulation (1) is 7 days after the issue of the building permit.\n\nReg. 44(3) inserted by S.R. No. 75/2018 reg. 8(5).\n\n(3) The following documents are prescribed for the purposes of section 30(1A) of the Act in relation to a building permit for which an occupancy permit is not required—\n\nReg. 44(3)(aa) inserted by S.R. No. 40/2019 reg. 7.\n\n(aa) a notice given to the relevant building surveyor under section 25AA(1) of the Act;\n\n(b) a notice given to the relevant building surveyor under section 25AB(2) of the Act.\n\nReg. 44(4) inserted by S.R. No. 75/2018 reg. 8(5).\n\n(4) The prescribed time for the purposes of section 30(1A) of the Act in relation to a document prescribed in subregulation (3) is 7 days after the relevant building surveyor issues a certificate of final inspection in relation to the building work.\n\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Lodgement fees","content":"\t45 Lodgement fees\n\n(1) For the purposes of clause 1(d) of Schedule 2 to the Act, the prescribed lodgement fee for the lodging of documents by the relevant building surveyor under section 30 of the Act is 8·23 fee units.\n\n(2) Despite subregulation (1), no lodgement fee is payable for lodging documents in relation to an application for a building permit that relates to a class of building referred to in regulation 281.\n\nReg. 46 revoked by S.R. No. 40/2019 reg. 8.\n\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Information the relevant building surveyor must give to the Authority","content":"\t47 Information the relevant building surveyor must give to the Authority\n\n(1) A relevant building surveyor must within 7 days after the end of each month give to the Authority in a form approved by the Authority—\n\n(a) details of all permits and certificates of final inspection issued by the relevant building surveyor during that month; and\n\n(b) the following details relating to the building work to which each building permit issued by the relevant building surveyor during that month applies, including—\n\nReg. 47(1)(b)(i) amended by S.R. Nos 75/2018 reg. 9(1), 180/2018 reg. 4.\n\n(i) whether any of the building work will be carried out in a designated bushfire prone area determined under section 192A of the Act and the applicable bushfire attack level determined for the site;\n\n(ii) whether the building work relates to a change of use of a building;\n\nReg. 47(1)(b)(iii) amended by S.R. No. 75/2018 reg. 9(2).\n\n(iii) whether the building work involves the construction of a private bushfire shelter; and\n\nReg. 47(1)(c) inserted by S.R. No. 75/2018 reg. 9(3).\n\n(c) details of any notice given to the relevant council under section 80A(3)(a) or (4)(a) of the Act during that month, if the relevant building surveyor is a registered body corporate.\n\n(2) In addition to the details under subregulation (1), on and from 1 July 2019, the relevant building surveyor must within 7 days after the end of each month give to the Authority in a form approved by the Authority the following details relating to the building work to which each building permit issued by the relevant building surveyor during that month applies—\n\n(a) whether an occupancy permit is required in relation to the building work;\n\n(b) the mandatory notification stages for the building work set out under Part 12;\n\n(c) whether the building work is to be carried out on land that is subject to a determination under regulation 64(1);\n\n(d) whether any exemption from, or consent to partial compliance with, certain requirements of these Regulations relating to the building work has been given by the relevant building surveyor under regulation 229(2), 231(2), 233(3) or 234(2);\n\n(e) whether the building work involves the construction of a swimming pool or spa or an associated safety barrier;\n\n(f) whether the relevant building surveyor determined under regulation 111(2) that protection work is required in relation to the building work.\n\n(3) The relevant building surveyor must, within 7 days after the end of each month, give to the Authority in a form approved by the Authority the following details in relation to any building permit issued by the relevant building surveyor—\n\n(a) any lapse of a building permit during that month;\n\n(b) details to the knowledge of the relevant building surveyor of any building work to which the permit applies that is commenced, completed or abandoned during that month.\n\n(4) In addition to the details under subregulation (3), on and from 1 July 2019, the relevant building surveyor must within 7 days after the end of each month give to the Authority in a form approved by the Authority the following details relating to any building permit issued by the relevant building surveyor—\n\n(a) any extension granted during that month by the relevant building surveyor under regulation 59 to the commencement date or completion date of the building work to which the permit applies and the new dates;\n\n(b) any inspection of building work to which the permit applies at a mandatory notification stage under section 34 of the Act;\n\n(c) any determination by the relevant building surveyor that protection work is required in relation to building work to which the permit applies under regulation 111(3).\n\nReg. 47A inserted by S.R. No. 75/2018 reg. 10.\n\n","sortOrder":52},{"sectionNumber":"47A","sectionType":"section","heading":"Relevant building surveyor must notify Authority and relevant council of certain information","content":"\t47A Relevant building surveyor must notify Authority and relevant council of certain information\n\n(1) For the purposes of section 25AD(1) of the Act, the following events are prescribed—\n\n(a) the builder named in a building permit ceases to be engaged to carry out the building work to which the permit relates;\n\n(b) the relevant building surveyor changes the builder named on a building permit.\n\n(2) For the purposes of section 25AD(1) of the Act, the following information is prescribed—\n\n(a) if the builder named in a building permit ceases to be engaged to carry out building work to which the permit relates—\n\n(i) the building permit number; and\n\n(ii) the address of the building or land to which the building permit relates; and\n\n(iii) the builder named in the building permit; and\n\n(iv) the day that the builder named in the building permit ceased to be engaged to carry out the building work;\n\n(b) if the relevant building surveyor changes the builder named on a building permit—\n\n(i) the building permit number; and\n\n(ii) the address of the building or land to which the building permit relates; and\n\n(iii) the name of the builder named in the building permit and the builder's registration number (if applicable); and\n\n(iv) the day on which the relevant building surveyor changed the name of the builder named in the building permit.\n\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"Guarantees and bonds","content":"\t48 Guarantees and bonds\n\n(1) The prescribed circumstances for the purposes of section 22 of the Act are the demolition, removal or re-erection of a building.\n\n(2) For the purposes of section 22(a) and (b) of the Act, the amount of the bond or the amount in respect of which an undertaking and guarantee is given (as the case requires)—\n\n(a) in the case of the demolition or removal of a building, must not exceed the lesser of—\n\n(i) the estimated cost of building work to which the building permit applies; or\n\n(ii) the sum of $100 for every 1 m2 of floor area of the building; and\n\n(b) in the case of the re-erection of a building, must not exceed the lesser of—\n\n(i) the estimated cost of the building work to which the building permit applies; or\n\n(ii) $10 000.\n\nDivision 6—Duties of council\n\n","sortOrder":54},{"sectionNumber":"49","sectionType":"section","heading":"Period that documents must be kept","content":"\t49 Period that documents must be kept\n\nIf a council is required to keep documents under the Act or these Regulations or any corresponding previous regulations in relation to building permits and applications for building permits, including documents relating to protection work, the documents must be kept in any manner specified by the Keeper of Public Records until the building is demolished or removed from the allotment.\n\n","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"Relevant council to make documents available on request","content":"\t50 Relevant council to make documents available on request\n\nOn the request of an owner or mortgagee of the building or land, or a person authorised in writing by an owner or mortgagee of a building or land, the relevant council must provide the person making the request with a copy of any documents submitted with an application for a building permit in relation to the building or land.\n\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Requests for information from relevant council","content":"\t51 Requests for information from relevant council\n\n(1) Any person may request the relevant council to provide in relation to any building or land—\n\n(a) details of any permit or certificate of final inspection issued in the preceding 10 years; and\n\n(b) details of any current determination made under regulation 64(1) or exemption granted under regulation 231(2); and\n\n(c) details of any current notice or order issued by the relevant building surveyor under the Act.\n\n(2) Any person may request the relevant council to provide in relation to any building or land details as to whether the building or land is—\n\n(a) in an area that is liable to flooding within the meaning of regulation 5(2); or\n\n(b) in an area that is designated under regulation 150 as an area in which buildings are likely to be subject to attack by termites; or\n\n(c) in an area for which a bushfire attack level has been specified in a planning scheme; or\n\nReg. 51(2)(d) amended by S.R. No. 40/2019 reg. 9.\n\n(d) in an area designated under regulation 152 as likely to be subject to significant snowfalls; or\n\n(e) designated land; or\n\n(f) designated works.\n\n(3) An owner or mortgagee of a building or land, or a prescribed building practitioner reporting on a building under section 137B of the Act, may request the relevant council to provide the approved dates of the inspections carried out of the mandatory notification stages of building work carried out on the building or land.\n\n","sortOrder":57},{"sectionNumber":"52","sectionType":"section","heading":"Fees for requests for information","content":"\t52 Fees for requests for information\n\nThe fee for the provision of information under regulation 51(1), (2) or (3) is 3·19 fee units.\n\nDivision 7—Time limits for building work and permits\n\n","sortOrder":58},{"sectionNumber":"53","sectionType":"section","heading":"Commencement of work","content":"\t53 Commencement of work\n\nIf a building permit is issued, the building work must commence—\n\n(a) in the case of the re-erection of a Class 1 or 10 building, within 6 months of the date of issue of the building permit; or\n\n(b) in any other case, within 12 months of the date of issue of the building permit.\n\n","sortOrder":59},{"sectionNumber":"54","sectionType":"section","heading":"Completion of building work","content":"\t54 Completion of building work\n\n1. If a building permit is issued, the building work must be completed—\n\n(a) in the case of a building permit to re-erect a building, within 12 months after the date of issue of the building permit; or\n\n(b) in the case of a Class 1 or 10 building, within 24 months after the date of issue of the building permit; or\n\n(c) in the case of a swimming pool or spa or any associated barrier or safety equipment—\n\n(i) if the building work is being carried out on an allotment concurrently with other building work that is being carried out on the same allotment, within the period of completion for the other building work referred to in paragraph (a), (b) or (d) (as the case requires); or\n\n(ii) in any other case, within 6 months after the building work commences; or\n\n(d) in any other case, within 36 months of the date of issue of the building permit.\n\n(2) If building work is to be completed in more than one stage and more than one building permit is issued in relation to that building work, a reference in subregulation (1) to the date of issue of a building permit is taken to be a reference to the date of issue of the first of those building permits.\n\n","sortOrder":60},{"sectionNumber":"55","sectionType":"section","heading":"Lapsing of building permit","content":"\t55 Lapsing of building permit\n\n(1) A building permit lapses if the building work to which the permit applies has not commenced by the last day of the period within which the work must commence under regulation 53 (the ***commencement date***).\n\n(2) A building permit lapses if the building work to which the permit applies is not completed by the last day of the period within which the work must be completed under regulation 54 (the ***completion date***).\n\n(3) A building permit that has lapsed is no longer in force for the purposes of the Act and these Regulations.\n\n","sortOrder":61},{"sectionNumber":"56","sectionType":"section","heading":"Notice of imminent lapse of building permit—commencement of work","content":"\t56 Notice of imminent lapse of building permit—commencement of work\n\nIf, immediately before 30 days before the commencement date of building work including any extension to that date granted under regulation 59, the relevant building surveyor has not carried out an inspection of the first mandatory notification stage of the work under section 34 of the Act, the relevant building surveyor must, without delay, give a notice in the form of Form 3 to the applicant for the building permit that applies to the building work of the date on which the building permit will lapse under regulation 55.\n\n","sortOrder":62},{"sectionNumber":"57","sectionType":"section","heading":"Notice of imminent lapse of building permit—completion of work","content":"\t57 Notice of imminent lapse of building permit—completion of work\n\nIf, immediately before 30 days before the completion date of building work including any extension to that date granted under regulation 59, the relevant building surveyor has not carried out an inspection of the final mandatory notification stage of the work under section 34 of the Act, the relevant building surveyor must, without delay, give a notice in the form of Form 4 to the applicant for the building permit that applies to the building work of the date on which the building permit will lapse under regulation 55.\n\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Copy of notice of imminent lapse of building permit to be provided","content":"\t58 Copy of notice of imminent lapse of building permit to be provided\n\nWithin 7 days after a notice is issued under regulation 56 or 57, the relevant building surveyor must cause a copy of the notice to be given to—\n\n(a) the owner, if the applicant for the relevant building permit is not the owner; and\n\n(b) the builder who is specified as the builder in the building permit subject to the notice of imminent lapse.\n\n","sortOrder":64},{"sectionNumber":"59","sectionType":"section","heading":"Extension of building permit","content":"\t59 Extension of building permit\n\n(1) An application for an extension of the commencement date or the completion date of building work may be made in writing to the relevant building surveyor by the applicant for the building permit applying to the building work.\n\n(2) An application under subregulation (1) must be made before the commencement date or the completion date (as the case requires).\n\n(3) The relevant building surveyor may extend the commencement date or completion date of the building work prior to the lapse of a building permit if the relevant building surveyor considers that the extent of the building work warrants an extension.\n\n(4) If any extension is granted under subregulation (3), the relevant building surveyor must notify the applicant without delay—\n\n(a) that the extension has been granted; and\n\n(b) the new commencement date or completion date of the building work (as the case requires).\n\n","sortOrder":65},{"sectionNumber":"Div 8","sectionType":"division","heading":"Combined allotments","content":"Division 8—Combined allotments\n\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Application to treat a combined allotment as one allotment","content":"\t60 Application to treat a combined allotment as one allotment\n\n(1) An application may be made to the municipal building surveyor of the relevant council to treat a combined allotment as one allotment for the purposes of the Act and these Regulations by the owner, or owners, of the land in the combined allotment.\n\n(2) An application under subregulation (1) must contain the information set out in regulation 61(1) and be accompanied by the documents set out in regulation 61(2).\n\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Information to be contained in or documents to accompany application","content":"\t61 Information to be contained in or documents to accompany application\n\n(1) An application under regulation 60(1) must contain—\n\n(a) a description of any proposed building work on the combined allotment to which the application applies; and\n\n(b) a description of any building on the combined allotment to which the application applies; and\n\n(c) a description of how any proposed building work described under paragraph (a)—\n\n(i) will impact on the structural adequacy of any building on the combined allotment to which the application applies; and\n\n(ii) makes reasonable provision for the amenity of any building on the combined allotment to which the application applies; and\n\n(iii) makes reasonable provision for the safety and health of people using any building on the combined allotment to which the application applies; and\n\n(iv) makes reasonable provision for avoiding the spread of fire to or from any adjoining building on the combined allotment.\n\n(2) An application under regulation 60(1) must be accompanied by—\n\n(a) if any land in the combined allotment is under the operation of the **Transfer of Land Act 1958**, a copy of the certificate of title to the land; and\n\n(b) if any land in the combined allotment is not under the operation of the **Transfer of Land Act 1958**, any evidence of ownership of the land required by the municipal building surveyor; and\n\n(c) copies of drawings and allotment plans that clearly differentiate between any existing building on the combined allotment and any proposed building work on the combined allotment to which the application applies.\n\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Building surveyor may request more information","content":"\t62 Building surveyor may request more information\n\nThe municipal building surveyor may require an applicant under regulation 60(1) to provide additional information or documents within a specified period if the municipal building surveyor considers it is necessary for the purposes of making a determination under regulation 64.\n\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"Application may be refused if information not provided","content":"\t63 Application may be refused if information not provided\n\n(1) If information or a document required under regulation 62 is not provided within the period specified by the municipal building surveyor, the municipal building surveyor may refuse the application.\n\n(2) Before refusing an application under subregulation (1), the municipal building surveyor must give the applicant 30 days notice in writing of the municipal building surveyor's intention to refuse the application.\n\n","sortOrder":70},{"sectionNumber":"64","sectionType":"section","heading":"Determination to treat a combined allotment as one allotment","content":"\t64 Determination to treat a combined allotment as one allotment\n\n(1) On receiving an application under regulation 60(1), the municipal building surveyor may determine or refuse to determine that a combined allotment can be treated as one allotment for the purposes of the Act and these Regulations.\n\n(2) In deciding whether to make a determination under subregulation (1), the municipal building surveyor must be satisfied—\n\nReg. 64(2)(a) amended by S.R. No. 180/2018 reg. 5.\n\n(a) of the structural adequacy of any building on the combined allotment; and\n\n(b) that reasonable provision is made for—\n\n(i) the amenity of any building on the combined allotment; and\n\n(ii) the safety and health of people using any building on the combined allotment; and\n\n(iii) avoiding the spread of fire to or from any adjoining building on the combined allotment.\n\n(3) A determination under subregulation (1) must be in the form of Form 5.\n\n(4) The municipal building surveyor, within 7 days after making a determination under subregulation (1), must give a copy of the determination to the applicant.\n\n(5) The municipal building surveyor, within 7 days after refusing to make a determination under subregulation (1), must notify the applicant of that decision.\n\n","sortOrder":71},{"sectionNumber":"65","sectionType":"section","heading":"Effect of determination","content":"\t65 Effect of determination\n\nLand to which a determination under regulation 64(1) applies is taken to be one allotment for the purposes of the Act and these Regulations.\n\n","sortOrder":72},{"sectionNumber":"66","sectionType":"section","heading":"Revocation of determination","content":"\t66 Revocation of determination\n\n(1) The municipal building surveyor may revoke a determination under regulation 64(1) if there is a change of circumstances that would significantly affect any of the matters referred to in regulation 64(2).\n\n(2) The municipal building surveyor, within 7 days after revoking a determination under subregulation (1), must give each owner of land in the combined allotment written notice of the revocation.\n\n","sortOrder":73},{"sectionNumber":"67","sectionType":"section","heading":"Private building surveyor may exercise functions of municipal building surveyor under this Division","content":"\t67 Private building surveyor may exercise functions of municipal building surveyor under this Division\n\nA private building surveyor may exercise the functions of the municipal building surveyor in accordance with this Division in relation to building work for which the private building surveyor has been appointed under Part 6 of the Act to issue a building permit.\n\nPt 5 (Heading) substituted by S.R. No. 132/2023 reg. 8.\n\nPart 5—Siting, design and access requirements\n\nDivision 1—Introduction\n\n\t68 Application\n\n(1) A regulation in this Part does not apply to the construction of a building if—\n\n(a) a planning permit is required for the construction of that building; and\n\n(b) the relevant planning scheme regulates the same matter as that regulation in relation to the siting of that building.\n\n(2) Section 188A of the Act applies to applications for building permits to which this Part applies.\n\nSection 11 of the Act addresses the circumstances of where there is an inconsistency between a planning scheme and a building regulation in relation to a siting matter.\n\nReg. 69 amended by S.R. No. 132/2023 reg. 9 (ILA s. 39B(2)).\n\n","sortOrder":74},{"sectionNumber":"69","sectionType":"section","heading":"What is an existing building?","content":"\t69 What is an existing building?\n\n(1) In this Part, a reference to an ***existing building*** (including an ***existing dwelling***) on an adjoining allotment is a reference to a building—\n\n(a) that was in existence in its current completed form before 1 July 1994; or\n\n(b) for which there is an occupancy permit, a copy of which has been given to the relevant council; or\n\n(c) for which there is a certificate of final inspection, a copy of which has been given to the relevant council (but only if that part of the building can be occupied without the need for any further certificate of final inspection); or\n\n(d) that has been completed (but only if the building can be occupied without the need for an occupancy permit or a certificate of final inspection).\n\nReg. 69(2) inserted by S.R. No. 132/2023 reg. 9.\n\n(2) In this regulation, a reference to an ***existing dwelling*** on an adjoining allotment includes a reference to a small second dwelling on the same adjoining allotment.\n\n","sortOrder":75},{"sectionNumber":"70","sectionType":"section","heading":"What is a single dwelling?","content":"\t70 What is a single dwelling?\n\nFor the purposes of the definition of ***single dwelling*** in section 188A(4) of the Act, the specified classes of building are—\n\n(a) a Class 1 building; and\n\n(b) any Class 10 building associated with a Class 1 building.\n\n","sortOrder":76},{"sectionNumber":"71","sectionType":"section","heading":"Approved building envelope design overrides siting requirement","content":"\t71 Approved building envelope design overrides siting requirement\n\n(1) A design in relation to a building on an allotment that does not comply with a regulation in this Part is taken to comply with that regulation if—\n\n(a) an approved building envelope applies to the allotment; and\n\n(b) the approved building envelope deals with the same siting matter as the regulation; and\n\n(c) the design of the building is consistent with the approved building envelope in relation to that siting matter.\n\n(2) If an adjoining allotment is not subject to the same agreement or is not shown on the same certified plan of subdivision, subregulation (1) does not apply to regulations 79, 80, 81, 82, 83, 84, 90, 91, 94, 95 and 96 to the extent that they relate to that adjoining allotment.\n\n***agreement***  has the same meaning as in paragraph (b)(i) of the definition of ***approved building envelope*** in regulation 5(1);\n\n***plan of subdivision*** has the same meaning as in paragraph (b)(ii) of the definition of ***approved building envelope*** in regulation 5(1).\n\nDivision 2—Single Class 1 buildings and associated Class 10a buildings\n\nReg. 72 substituted by S.R. No. 132/2023 reg. 10.\n\n","sortOrder":77},{"sectionNumber":"72","sectionType":"section","heading":"Application of this Division","content":"\t72 Application of this Division\n\nThe requirements in this Division apply to—\n\n(a) the construction of a single Class 1 building, including a small second dwelling unless the small second dwelling is specifically excluded from any of those requirements; and\n\n(b) any associated Class 10a buildings.\n\n","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Maximum street setback","content":"\t73 Maximum street setback\n\n(1) A Class 1 building when first constructed must not be set back from the front street alignment more than one-third of the depth of the allotment unless the allotment is equal to or greater than 0·40469 ha.\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n(3) For the purposes of subregulation (1), if a building is on a battleaxe allotment—\n\n(a) a reference to the allotment is taken not to include a driveway that forms part of the battleaxe allotment; and\n\n(b) a reference to the front street alignment is taken to be a reference to the common boundary between the battleaxe allotment and the front allotment (excluding the common boundary between any driveway that forms part of the battleaxe allotment and the front allotment).\n\n***battleaxe allotment*** means—\n\n(a) an allotment situated behind another allotment that has a street frontage; and\n\n(b) the allotment has access to the street through a driveway, whether or not the driveway forms part of the allotment;\n\n***driveway*** includes any land related and contiguous to the driveway;\n\n***front allotment*** means an allotment that has a street frontage and that is situated in front of a battleaxe allotment.\n\nReg. 73(5) inserted by S.R. No. 132/2023 reg. 11.\n\n(5) This regulation does not apply in respect of the construction of a building that is a small second dwelling.\n\n","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Minimum street setbacks","content":"\t74 Minimum street setbacks\n\n(b) a schedule to that zone specifies a setback from a street alignment—\n\na building on that allotment must be set back from a street alignment not less than the relevant setback specified for the street alignment in the schedule.\n\n(2) If subregulation (1) does not apply, a building must be set back from a street alignment not less than the distance specified in respect of that alignment in Table 74.\n\nTable 74—Street setbacks\n\n| *Adjoining development context* | *Minimum setback from front street alignment* | *Minimum setback from side street alignment* |\n| Existing dwellings on adjoining allotments facing the same street | The average distance of the setbacks of the front walls of the existing buildings on the adjoining allotments facing the front street, or 9 m, whichever is the lesser | Not applicable |\n| Existing dwelling on one adjoining allotment facing the same street and no building on the other adjoining allotment facing the same street | The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the same street, or 9 m, whichever is the lesser | Not applicable |\n| No existing dwellings on adjoining allotments facing the same street | 6 m for a building facing a declared road<br>4 m for a building facing any other street | Not applicable |\n| Corner allotment<br>If there is a building on the adjoining allotment facing the same street | The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the front street, or 9 m, whichever is the lesser | The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the side street or 2 m, whichever is the lesser |\n| Corner allotment<br>If there is no building on the adjoining allotment facing the same street | 6 m for a building facing a declared road<br>4 m for a building facing any other street | 2 m |\n\n(3) The following may encroach into the setback distance required by subregulation (1) or (2) by not more than 2·5 m—\n\n(a) porches, verandahs and pergolas that have a maximum height of less than 3·6 m above natural ground level;\n\n(b) eaves, fascia and gutters;\n\n(c) sunblinds and shade sails;\n\n(d) permanent and fixed screens referred to in regulation 84(5)(d) or 84(6);\n\n(e) decks, steps or landings less than 800 mm in height.\n\n(4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n(5) In this regulation ***street*** does not include lane, footway, alley or right of way.\n\n(6) For the purposes of this regulation, an allotment does not adjoin another allotment if its boundary only touches the boundary of the other allotment at one point (for example, at a corner).\n\nReg. 74A inserted by S.R. No. 132/2023 reg. 12.\n\n","sortOrder":80},{"sectionNumber":"74A","sectionType":"section","heading":"Building setback for small second dwellings","content":"\t74A Building setback for small second dwellings\n\n(1) A small second dwelling must be set back behind the front wall of the existing dwelling on the allotment that is facing the front street.\n\n(2) The following must not encroach into the setback distance required by subregulation (1)—\n\n(a) porches, verandahs and pergolas;\n\n(b) eaves, fascia and gutters;\n\n(c) sunblinds and shade sails;\n\n(d) permanent and fixed screens referred to in regulation 84(5)(d) or 84(6);\n\n(e) decks, steps or landings more than 800 mm in height.\n\n(3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design for a small second dwelling that does not comply with this regulation.\n\n(4) For the purposes of this regulation, an allotment does not adjoin another allotment if its boundary only touches the boundary of the other allotment at one point (for example, at a corner).\n\n","sortOrder":81},{"sectionNumber":"75","sectionType":"section","heading":"Building height","content":"\t75 Building height\n\n(b) that zone, or a schedule to that zone, specifies a maximum height for buildings—\n\nthe height of a building on that allotment must not exceed the relevant height specified in that zone or schedule (as the case may be).\n\n(2) If subregulation (1) does not apply, the height of a building must not exceed—\n\n(a) 10 m if the slope of the natural ground level at any cross section of the site of the building that is wider than 8 m is 2·5° or more; and\n\n(b) 9 m in any other case.\n\n(3) If a wall is constructed in accordance with regulation 80, and despite regulation 79, any part of a building on the allotment that is within 1 m of a side or rear boundary and that is adjacent to the wall must be constructed so as not to exceed the height formed by a line that connects—\n\n(a) any point at the top of the wall; and\n\n(b) any point at a height of 3·6 m at a setback of 1 m from the boundary.\n\n(4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":82},{"sectionNumber":"76","sectionType":"section","heading":"Site coverage","content":"\t76 Site coverage\n\n(b) a schedule to that zone specifies a maximum site coverage for buildings—\n\nbuildings must not occupy more of the allotment than the site coverage specified in that schedule.\n\n(2) If subregulation (1) does not apply, buildings must not occupy more than 60% of an allotment.\n\n(3) The following items may be disregarded when calculating site coverage under subregulation (1) or (2)—\n\n(a) not more than 600 mm of the width of eaves, fascia and gutters;\n\n(b) unroofed swimming pools or spas, unroofed terraces, unroofed patios, unroofed decks and pergolas.\n\n(4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\nReg. 76(5) inserted by S.R. No. 132/2023 reg. 13.\n\n(5) This regulation applies whether or not there—\n\nReg. 76A inserted by S.R. No. 100/2018 reg. 4.\n\n","sortOrder":83},{"sectionNumber":"76A","sectionType":"section","heading":"Minimum garden area","content":"\t76A Minimum garden area\n\n(b) the zone in the planning scheme specifies a minimum garden area requirement; and\n\nReg. 76A(1)(c) substituted by S.R. No. 180/2018 reg. 6.\n\n(c) the minimum garden area requirement in the zone applies to the allotment.\n\n(2) The allotment must have a minimum garden area of—\n\n(a) in the case of an allotment that has an area equal to or greater than 400 m2 and less than or equal to 500 m2—not less than 25% of the area of the allotment; and\n\n(b) in the case of an allotment that has an area greater than 500 m2 and less than or equal to 650 m2—not less than 30% of the area of the allotment; and\n\n(c) in the case of an allotment that has an area greater than 650 m2—not less than 35% of the area of the allotment.\n\n***garden area*** means any area on an allotment with a minimum dimension of 1 m other than an area covered by a building, a driveway or an area set aside for car parking.\n\n(4) For the purposes of subregulation (3), an area covered by a building does not include any of the following—\n\n(a) a Class 10a building not exceeding 10 m2 in area;\n\n(b) a Class 10b or Class 10c building or structure;\n\n(c) eaves, fascia and gutters not exceeding a total width of 600 mm;\n\n(d) a pergola;\n\n(e) unroofed terraces, unroofed patios, unroofed ramps, unroofed decks, unroofed steps or landings less than 800 mm in height;\n\n(f) any part of a building that does not project above ground level;\n\n(g) a disabled access ramp;\n\n(h) flues, pipes and rainwater heads;\n\n(i) domestic fuel tanks and water tanks;\n\n(j) heating and cooling equipment and other services;\n\n(k) any other domestic appliance or apparatus that is normally associated with, and services, a Class 1 or Class 10 building.\n\n(5) This regulation does not apply to an allotment if the allotment has less garden area than the minimum garden area required under the planning scheme applying to the allotment on 27 March 2017.\n\nReg. 76A(6) inserted by S.R. No. 132/2023 reg. 14.\n\n(6) This regulation applies whether or not there—\n\n","sortOrder":84},{"sectionNumber":"77","sectionType":"section","heading":"Permeability","content":"\t77 Permeability\n\n(b) a schedule to that zone specifies that an allotment must have a minimum area of permeable surfaces—\n\nthe amount of the allotment that must have a permeable surface must not be less than the minimum area of permeability specified in that schedule.\n\n(2) If subregulation (1) does not apply, and if a building is to be constructed on an allotment, at least 20% of the area of the allotment must have a permeable surface.\n\n(3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\nReg. 77(4) inserted by S.R. No. 132/2023 reg. 15.\n\n(4) This regulation applies whether or not there—\n\n","sortOrder":85},{"sectionNumber":"78","sectionType":"section","heading":"Car parking","content":"\t78 Car parking\n\n(1) If a new Class 1 building is to be constructed on an allotment, provision must be made for 2 car parking spaces on the allotment that are accessible from the street.\n\n(2) Of the 2 required car parking spaces—\n\n(a) the first space must be at least 6 m long and 3·5 m wide; and\n\n(b) the second space must be at least 4·9 m long and 2·6 m wide.\n\n(3) A building may project into a car parking space if it is at least 2·1 m above that space.\n\n(4) Despite subregulation (2), if the 2 required car parking spaces adjoin each other in a garage or carport or in a space constrained by walls, the total space may be 5·5 m in width.\n\n(5) An alteration to a building on an allotment must not reduce the number of car parking spaces on the allotment unless there are more than 2 car parking spaces on the allotment, in which case the number of car parking spaces may be reduced to 2.\n\n(6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\nReg. 78(7) inserted by S.R. No. 132/2023 reg. 16.\n\n(7) This regulation does not apply in respect of the construction of a building that is a small second dwelling.\n\n","sortOrder":86},{"sectionNumber":"79","sectionType":"section","heading":"Side and rear setbacks","content":"\t79 Side and rear setbacks\n\n(b) a schedule to that zone in the planning scheme specifies minimum setbacks from side and rear boundaries—\n\na building on the allotment must be set back from a side or rear boundary not less than the relevant setback specified in that schedule.\n\n(2) If subregulation (1) does not apply, a building must be set back from a side or rear boundary not less than the distance specified in respect of that boundary in Table 79.\n\nTable 79—Side and rear setbacks\n\n| *Building height at any point* | *Minimum setback from side or rear boundary at that point* |\n| 3⋅6 m or less | 1 m |\n| More than 3·6 m but not more than 6·9 m | 1 m plus an additional distance calculated at the rate of 300 mm for every metre of height over 3·6 m |\n| More than 6·9 m | 2 m plus an additional distance calculated at the rate of 1 m for every metre of height over 6·9 m |\n\n(3) The following may encroach into the setback distance required by subregulation (1) or (2)—\n\n(a) landings with an area of not more than 2 m2 and less than 1 m in height;\n\n(b) unroofed stairways and ramps;\n\n(c) pergolas;\n\n(d) shade sails;\n\n(e) eaves, fascia and gutters, if the encroachment is not more than 600 mm;\n\n(f) carports that comply with regulation 80.\n\n(4) The following may encroach into the setback distance required by subregulation (1) or (2) by not more than 500 mm—\n\n-   1. porches and verandas;\n  2. masonry chimneys;\n  3. sunblinds;\n  4. permanent and fixed screens referred to in regulation 84(5)(d) or (6);\n  5. flues, pipes and rainwater heads;\n  6. domestic fuel tanks and water tanks;\n  7. heating and cooling equipment and other services.\n\n(5) This regulation does not apply to a wall that complies with regulation 80.\n\n(6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":87},{"sectionNumber":"80","sectionType":"section","heading":"Walls and carports on boundaries","content":"\t80 Walls and carports on boundaries\n\n(1) This regulation applies to the construction of—\n\n(a) a wall of a building constructed on or within 200 mm of a side or rear boundary of an allotment; or\n\n(b) a carport constructed on or within 1 m of a side or rear boundary of an allotment and which is open on the side facing the boundary or boundaries.\n\n(2) If—\n\n(b) a schedule to that zone specifies the maximum length of the wall, or of the carport, or of the wall and carport, or the maximum of any of those lengths combined with the length of any existing wall or carport—\n\nthat length must not exceed any such maximum length specified in that schedule.\n\n(3) If subregulation (2) does not apply, the length of the wall, or of the carport, or of the wall and carport, or any of those lengths combined with the length of any existing wall or carport, must not exceed the greater of the following—\n\n(a) the length of any existing wall or carport constructed on an adjoining allotment, which is within 200 mm of the boundary of that allotment, if the proposed construction abuts the existing wall or carport;\n\n(b) 10 m plus 25% of the remaining length of the boundary of the adjoining allotment, in any other case.\n\n(4) The wall or carport must not exceed—\n\n(a) an average height of 3⋅2 m where the average is calculated after excluding any length that is less than 2 m in height; and\n\n(b) a maximum height of 3⋅6 m.\n\n(5) Despite subregulation (4), if the wall or carport abuts an existing wall or carport it may be constructed to the same height as that wall or carport.\n\n(6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":88},{"sectionNumber":"81","sectionType":"section","heading":"Daylight to existing habitable room windows","content":"\t81 Daylight to existing habitable room windows\n\n(1) A building must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of 3 m2 and a minimum dimension of 1 m clear to the sky.\n\n(2) The area of the light court required under subregulation (1) may include land on the adjoining allotment.\n\n(3) A wall or carport with an average height of more than 3 m opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the wall or carport if the wall or carport is within a 55° angle in the horizontal plane about a vertical axis through the centre of the window.\n\n(4) For the purposes of subregulation (3), the angle may be swung to not less than 35° from the plane of the wall containing the window.\n\n(5) If the window referred to in subregulation (3) is above ground floor level, then for the purposes of that subregulation, the wall or carport height is to be measured from the floor level of the room containing the window.\n\n(6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\nThe following diagram illustrates the operation of aspects of regulation 81(3).\n\n**Regulation 81: Daylight to existing habitable room windows**\n\n**![4-81_2]()**\n\n","sortOrder":89},{"sectionNumber":"82","sectionType":"section","heading":"Solar access to existing north-facing habitable room windows","content":"\t82 Solar access to existing north-facing habitable room windows\n\n(a) a building is to be constructed on an allotment; and\n\n(b) a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is—\n\n(i) within 3 m of a boundary of the allotment on which the building is  \nto be constructed; and\n\n(ii) oriented towards the boundary; and\n\n(iii) will be situated below the eaves or the top of a parapet of the building being constructed.\n\n(2) The proposed building must be set back from the boundary not less than the distance specified in Table 82 for a distance of 3 m from each side of the window or that part of the window that is within 3 m of the boundary.\n\n**Table 82—Setbacks from north-facing habitable room windows**\n\n| *Building height at any point* | *Minimum setback from side or rear boundary at that point* |\n| 3⋅6 m or less | 1 m |\n| More than 3·6 m but not more than 6·9 m | 1 m plus an additional distance calculated at the rate of 600 mm for every metre of height over 3·6 m |\n| More than 6·9 m | 3 m plus an additional distance calculated at the rate of 1 m for every metre of height over 6·9 m |\n\n(3) The following may encroach into the setback distance required by subregulation (2) by not more than 500 mm and to a height not exceeding 2·5 m—\n\n(a) flues and pipes;\n\n(b) domestic fuel tanks and water tanks;\n\n(c) heating and cooling equipment and other services.\n\n(4) A rainwater head may encroach into the setback distance required by subregulation (2) by not more than 500 mm.\n\n(5) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\nThe following diagram illustrates the operation of aspects of regulation 82.\n\n**Regulation 82: Solar access to existing north-facing habitable room windows**\n\n**![4-81_3]()**\n\n","sortOrder":90},{"sectionNumber":"83","sectionType":"section","heading":"Overshadowing of recreational private open space","content":"\t83 Overshadowing of recreational private open space\n\n(1) A building must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September.\n\n(2) If a building is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under subregulation (1), the amount of sunlight to that area must not be further reduced by the construction of the building.\n\n(3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n(4) In this regulation the ***required minimum area*** of a recreational private open space is the lesser of—\n\n(a) 75% of the recreational private open space; and\n\n(b) 40 m2 with a minimum dimension of 3 m.\n\n","sortOrder":91},{"sectionNumber":"84","sectionType":"section","heading":"Overlooking","content":"\t84 Overlooking\n\n(1) A habitable room window or raised open space of a building on an allotment must not provide a direct line of sight into a habitable room window or on to a secluded private open space of an existing dwelling on an adjoining allotment.\n\n(2) In the case of a direct line of sight from a habitable room window, the line of sight is any line measured from a height of 1·7 m above the floor level of the habitable room and contained within the space enclosed by—\n\n(a) a vertical plane measured at an angle of 45° from each side of the window; and\n\n(b) a horizontal plane 1·7 m above the floor level of the habitable room; and\n\n(c) the ground level below; and\n\n(d) a horizontal distance of 9 m from the window.\n\n(3) In the case of a direct line of sight from a raised open space, the line of sight is any line measured from a height of 1·7 m above the floor level and along the perimeter of the raised open space to any point within a horizontal distance of 9 m from the raised open space and extending 45° beyond any point where the perimeter of the raised open space meets a wall of a building.\n\n(4) In the case of a secluded private open space, the horizontal distance of 9 m referred to in subregulation (2)(d) or (3) is to be measured from the ground level.\n\n(5) A habitable room window complies with this regulation if—\n\n(a) in the case where a habitable room window provides a direct line of sight into a habitable room window of an existing dwelling on an adjoining allotment, it is offset a minimum of 1·5 m from the edge of one window to the edge of the other; or\n\n(b) it has a sill height at least 1·7 m above floor level; or\n\n(c) it has obscure glazing in any part of the window below 1·7 m above floor level; or\n\n(d) the direct line of sight is obscured by a permanent and fixed screen that has no more than 25% of its area open.\n\n(6) A raised open space complies with this regulation if the direct line of sight into the habitable room window or on to the secluded private open space on the adjoining allotment is obscured by a permanent and fixed screen which has no more than 25% of its area open.\n\n(7) A window referred to in subregulation (5)(c) may be able to be opened provided that when open the obscure glazing does not permit a direct line of sight on to the secluded private open space or into the habitable room window referred to in subregulation (1).\n\n(8) This regulation does not apply to a new habitable room window or raised open space that faces a property boundary if—\n\n(a) there is a visual barrier at least 1·8 m high at the boundary; and\n\n(b) the floor level of the room or the raised open space is less than 800 mm above the ground level at the boundary.\n\n(9) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n(10) In this regulation—\n\n***raised open space*** means a landing with an area of more than 2 m2, a balcony, a terrace, a deck or a patio;\n\n***secluded private open space*** means any part of private open space on an allotment—\n\n(a) which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5 m high and that has no more than 25% of its area open; and\n\n(b) which is primarily intended for outdoor recreation activities.\n\n","sortOrder":92},{"sectionNumber":"85","sectionType":"section","heading":"Daylight to habitable room windows","content":"\t85 Daylight to habitable room windows\n\n(1) A habitable room window of a building on an allotment must face—\n\n(a) an outdoor space or light court with a minimum area of 3 m2 and a minimum dimension of 1 m clear to the sky, not including land on an adjoining allotment; or\n\n(b) a verandah, porch, deck or balcony on the allotment if it is open for at least one‑third of its perimeter; or\n\n(c) a carport on the allotment if—\n\n(i) it has 2 or more sides open; and\n\n(ii) it is open for at least one‑third of its perimeter.\n\n(2) For the purposes of subregulation (1), a side of a carport or verandah may be taken to be open if the roof covering of the carport or verandah adjacent to that side is not less than 500 mm from another building on the allotment or the adjoining allotment boundary.\n\n(3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":93},{"sectionNumber":"86","sectionType":"section","heading":"Private open space","content":"\t86 Private open space\n\n(b) a schedule to that zone in the planning scheme specifies a minimum area and dimension for private open space—\n\na Class 1 building on that allotment must have private open space of at least the area and dimension specified in that schedule.\n\nReg. 86(2) substituted by S.R. No. 132/2023 reg. 17(1).\n\n(2) If subregulation (1) does not apply, a Class 1 building on an allotment must have private open space—\n\n(a) of not less than 80 m2 or 20% of the area of the allotment, whichever is the lesser, which includes an area at the side or rear of the building—\n\n(i) that is not less than 25 m2 with a minimum dimension of 3 m; and\n\n(ii) that has convenient access from a habitable room (other than a bedroom); or\n\n(b) if there is a small second dwelling on the allotment, the existing dwelling must have private open space not less than an area of 25 m2 and a minimum dimension of 3 m at the side or rear of the existing dwelling with convenient access from a habitable room (other than a bedroom).\n\n(3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\nReg. 86(4) inserted by S.R. No. 132/2023 reg. 17(2).\n\n(4) This regulation does not apply in respect of the construction of a building that is a small second dwelling.\n\nReg. 86A inserted by S.R. No. 132/2023 reg. 18.\n\n","sortOrder":94},{"sectionNumber":"86A","sectionType":"section","heading":"Private open space for small second dwellings","content":"\t86A Private open space for small second dwellings\n\n(1) A small second dwelling must have a private open space not less than an area of 8 m2 with a minimum dimension of 1·6 m and convenient access from a habitable room (other than a bedroom).\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design for a small second dwelling that does not comply with this regulation.\n\nReg. 86B inserted by S.R. No. 132/2023 reg. 18.\n\n","sortOrder":95},{"sectionNumber":"86B","sectionType":"section","heading":"Accessibility for small second dwellings","content":"\t86B Accessibility for small second dwellings\n\n(1) A small second dwelling on an allotment must be provided with a clear and unobstructed path from the front  street of the allotment that—\n\n(a) has a minimum width of at least 1 m or, if the path is longer than 30 m, has a minimum width of at least 1·8 m; and\n\n(b) has a minimum clear height of at least 2 m, with no encroachments; and\n\n(c) has a gradient no steeper than 1 in 14; and\n\n(d) has a cross fall no steeper than 1 in 40; and\n\n(e) is sealed or has an all-weather access.\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design for a small second dwelling that does not comply with this regulation.\n\nDivision 3—Siting of Class 10a buildings\n\n","sortOrder":96},{"sectionNumber":"87","sectionType":"section","heading":"Siting of Class 10a buildings","content":"\t87 Siting of Class 10a buildings\n\n(1) A Class 10a building that is appurtenant to a building of another class must be on the same allotment as the building of the other class unless the Class 10a building is approved under the **Subdivision Act 1988** or any corresponding previous enactments.\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit for the construction of a building that does not comply with this regulation.\n\nDivision 4—Class 10b structures\n\n","sortOrder":97},{"sectionNumber":"88","sectionType":"section","heading":"Application of Division","content":"\t88 Application of Division\n\nThis Division applies to the construction of Class 10b structures on an allotment.\n\n","sortOrder":98},{"sectionNumber":"89","sectionType":"section","heading":"Front fence height","content":"\t89 Front fence height\n\n(b) a schedule to that zone specifies a maximum height for a fence, or part of a fence, that is within 3 m of the street alignment at the front of an allotment—\n\nthe height of a fence, or part of a fence, that is within 3 m of the street alignment at the front of that allotment must not exceed the relevant maximum height specified in that schedule.\n\n(2) If subregulation (1) does not apply, the height of a fence, or part of a fence, that is within 3 m of the street alignment at the front of an allotment must not exceed the relevant maximum height specified in Table 89.\n\nTable 89—Front fence heights\n\n| *Street type* | *Maximum fence height* |\n| A declared road | 2 m |\n| Any other street | 1⋅5 m |\n\n(3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":99},{"sectionNumber":"90","sectionType":"section","heading":"Fence setbacks from side and rear boundaries","content":"\t90 Fence setbacks from side and rear boundaries\n\n(1) A fence exceeding 2 m in height must be set back from a side or rear boundary of an allotment (including a boundary that is a side or rear street alignment) not less than the distance specified in respect of that boundary in Table 90.\n\nTable 90—Side and rear setbacks\n\n| *Fence height at any point* | *Minimum setback from side or rear boundary at that point* |\n| More than 2⋅0 m but not more than 3⋅6 m | 1 m |\n| More than 3·6 m but not more than 6·9 m | 1 m plus an additional distance calculated at the rate of 300 mm for every metre of height over 3·6 m |\n| More than 6·9 m | 2 m plus an additional distance calculated at the rate of 1 m for every metre of height over 6·9 m |\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":100},{"sectionNumber":"91","sectionType":"section","heading":"Fences on or within 150 mm of side or rear boundaries","content":"\t91 Fences on or within 150 mm of side or rear boundaries\n\n(1) Despite regulation 90, one or more fences that are more than 2 m in height may be constructed on, or within 150 mm of, a side or rear boundary of an allotment (other than a boundary that is a side or rear street alignment) if the total length of the fence or fences or that total length combined with the length of any wall, or carport, or wall and carport constructed in accordance with either regulation 80(2) or (3) (as the case requires) on or adjacent to that boundary, does not exceed the greater of the following lengths—\n\n(a) 10 m plus 25% of the remaining length of the boundary of an adjoining allotment;\n\n(b) the length of any wall or carport constructed on an adjoining allotment that is on or within 150 mm of the boundary of that allotment and that abuts those fences.\n\n(2) A fence constructed on or within 150 mm of a side or rear boundary of an allotment in accordance with this regulation  must not exceed—\n\n(a) an average height of 3 m; and\n\n(b) a maximum height of 3·6 m along the boundary.\n\n(3) Despite subregulation (2), if a fence abuts an existing wall it may be constructed to the same height as that wall.\n\n(4) This regulation does not apply to a fence if the fence is provided to comply with regulation 84, or with a planning scheme that regulates the same matter as regulation 84, and—\n\n(a) the fence is not more than 2·5 m in height; and\n\n(b) the part of the fence between 2·0 m and 2·5 m in height has between 20% and 25% of its area open.\n\n(5) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":101},{"sectionNumber":"92","sectionType":"section","heading":"Fences on intersecting street alignments","content":"\t92 Fences on intersecting street alignments\n\n(1) Despite regulation 90(1), a fence exceeding a height of 1 m above the footpath must be set back from the point of intersection of street alignments by at least 9 m.\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n(3) In this regulation ***street*** does not include lane, footway, alley or right of way.\n\n","sortOrder":102},{"sectionNumber":"93","sectionType":"section","heading":"Fences must not include barbed wire","content":"\t93 Fences must not include barbed wire\n\n(1) A fence adjacent to a street alignment or public open space must not contain barbed wire or other sharp protrusions unless—\n\n(a) despite regulation 90(1), the fence is set back at least 150 mm from the street alignment or boundary of the public open space; or\n\n(b) the barbed wire or other sharp protrusion is at a height of at least 2 m above the level of the street or public open space; or\n\n(c) the fence is on an allotment that has an area of 2000 m2 or more and is used principally for raising livestock.\n\n(2) In this regulation, ***public open space*** has the same meaning as in section 3(1) of the **Subdivision Act 1988**.\n\n","sortOrder":103},{"sectionNumber":"94","sectionType":"section","heading":"Fences and daylight to habitable room windows in existing dwelling","content":"\t94 Fences and daylight to habitable room windows in existing dwelling\n\n(1) A fence more than 2 m in height must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of 3 m2 and a minimum dimension of 1 m clear to the sky.\n\n(2) The area of the light court required under subregulation (1) may include land on the adjoining allotment.\n\n(3) A fence with an average height of more than 3 m opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the fence if the fence is within a 55° angle in the horizontal plane about a vertical axis through the centre of the window.\n\n(4) For the purposes of subregulation (3), the angle may be swung to not less than 35° from the plane of the wall containing the window.\n\n(5) If the window referred to in subregulation (3) is above ground floor level, then for the purposes of that subregulation, the fence height is to be measured from the floor level of the room containing the window.\n\n(6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":104},{"sectionNumber":"95","sectionType":"section","heading":"Fences and solar access to existing north-facing habitable room windows","content":"\t95 Fences and solar access to existing north-facing habitable room windows\n\n(a) a fence more than 2 m in height is to be constructed on an allotment; and\n\n(b) a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is—\n\n(i) within 3 m of a boundary of the allotment on which the fence is to be constructed; and\n\n(ii) oriented towards the boundary; and\n\n(iii) situated below the height of the fence being constructed.\n\n(2) The proposed fence must be set back from the boundary not less than the distance specified in Table 95 for a distance of 3 m from the edge of each side of the window or that part of the window that is within 3 m of the boundary.\n\nTable 95—Setbacks from north-facing habitable room windows\n\n| *Fence height at any point* | *Minimum setback from side or rear boundary at that point* |\n| 3.6 m or less | 1 m |\n| More than 3·6 m but not more than 6·9 m | 1 m plus an additional distance calculated at the rate of 600 mm for every metre of height over 3·6 m |\n| More than 6·9 m | 3 m plus an additional distance calculated at the rate of 1 m for every metre of height over 6·9 m |\n\n(3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":105},{"sectionNumber":"96","sectionType":"section","heading":"Fences and overshadowing of recreational private open space","content":"\t96 Fences and overshadowing of recreational private open space\n\n(1) A fence more than 2 m in height must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September.\n\n(2) If a fence is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under subregulation (1), the amount of sunlight to that area must not be further reduced by the construction of the fence.\n\n(3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n(4) In this regulation the ***required minimum area*** of a recreational private open space is the lesser of—\n\n(a) 75% of the recreational private open space; and\n\n(b) 40 m2 with a minimum dimension of 3 m.\n\n","sortOrder":106},{"sectionNumber":"97","sectionType":"section","heading":"Masts, poles etc.","content":"\t97 Masts, poles etc.\n\n(1) A mast, pole, aerial, antenna, chimney, flue or service pipe—\n\n(a) when attached to a building, must not exceed a height of 3 m above the highest point of the roof of the building; or\n\n(b) when not attached to a building, must not exceed 8 m above the ground level.\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.\n\n","sortOrder":107},{"sectionNumber":"Part 6","sectionType":"part","heading":"Projections beyond street alignment","content":"Part 6—Projections beyond street alignment\n\n","sortOrder":108},{"sectionNumber":"98","sectionType":"section","heading":"Projections beyond street alignment","content":"\t98 Projections beyond street alignment\n\nExcept where otherwise provided in this Part, a building must not project beyond the street alignment.\n\n","sortOrder":109},{"sectionNumber":"99","sectionType":"section","heading":"Architectural features—narrow street","content":"\t99 Architectural features—narrow street\n\n(1) An architectural feature of a building on a narrow street must not project beyond the street alignment.\n\n(2) Despite subregulation (1), an architectural feature may project beyond a narrow street no more than 240 mm horizontally beyond the street alignment and at a height of at least 2.7 m above the level of the street if—\n\n(a) any footpath or kerb forming part of the street is not more than 240 mm in height above the street level; and\n\n(b) the architectural feature is constructed from non-combustible material.\n\n","sortOrder":110},{"sectionNumber":"100","sectionType":"section","heading":"Architectural features—medium street","content":"\t100 Architectural features—medium street\n\nAn architectural feature of a building on a medium street must not project beyond the street alignment unless the architectural feature—\n\n(a) projects no more than 600 mm horizontally beyond the street alignment; and\n\n(b) is at least—\n\n(i) 5 m in height above any part of the street that may be used by a motor vehicle; or\n\n(ii) 2.7 m in height above the level of the street in any other case; and\n\n(c) is constructed from non-combustible material.\n\n","sortOrder":111},{"sectionNumber":"101","sectionType":"section","heading":"Architectural features—wide street","content":"\t101 Architectural features—wide street\n\nAn architectural feature of a building on a wide street must not project beyond the street alignment unless the architectural feature—\n\n(a) projects no more than 1.2 m horizontally beyond the street alignment; and\n\n(b) is at least—\n\n(i) 5 m in height above any part of the street that may be used by a motor vehicle; or\n\n(ii) 2.7 m in height above the level of the street in any other case; and\n\n(c) is constructed from non-combustible material.\n\n","sortOrder":112},{"sectionNumber":"102","sectionType":"section","heading":"Windows and balconies","content":"\t102 Windows and balconies\n\n(1) A window or balcony must not project beyond the street alignment—\n\n(a) of a narrow street; or\n\n(b) of a medium street.\n\n(2) A window or balcony must not project beyond the street alignment of a wide street—\n\n(a) more than 1 m horizontally; and\n\n(b) at a height less than—\n\n(i) 5 m above any part of the street that may be used by a motor vehicle; or\n\n(ii) 3 m above the level of the street in any other case; and\n\n(c) within 1·2 m of the side boundary of an adjoining allotment.\n\n","sortOrder":113},{"sectionNumber":"103","sectionType":"section","heading":"Verandahs","content":"\t103 Verandahs\n\nA verandah must not project beyond the street alignment unless the verandah—\n\n(a) is set back at least 750 mm from the kerb; and\n\n(b) is at a height of at least 3 m above the level of the street.\n\n","sortOrder":114},{"sectionNumber":"104","sectionType":"section","heading":"Sunblinds and awnings","content":"\t104 Sunblinds and awnings\n\nA sunblind or awning must not project beyond the street alignment—\n\n(a) more than 2·4 m horizontally; and\n\n(b) at any height less than—\n\n(i) 5 m above any part of the street that may be used by a motor vehicle; or\n\n(ii) 2·4 m above the level of the street in any other case.\n\n","sortOrder":115},{"sectionNumber":"105","sectionType":"section","heading":"Service pipes, rainwater heads and service installations","content":"\t105 Service pipes, rainwater heads and service installations\n\nA service pipe, rainwater head or service installation must not project beyond the street alignment—\n\n(a) more than 200 mm horizontally in the case of a service pipe; and\n\n(b) more than 300 mm horizontally in the case of a rainwater head or service installation; and\n\n(c) at any height less than 2·7 m above the level of the street.\n\n","sortOrder":116},{"sectionNumber":"106","sectionType":"section","heading":"Window shutters","content":"\t106 Window shutters\n\nWindow shutters may project horizontally not more than 50 mm beyond the street alignment when in the fully open position.\n\n","sortOrder":117},{"sectionNumber":"107","sectionType":"section","heading":"Signs","content":"\t107 Signs\n\nA sign or similar Class 10b structure must not project beyond the street alignment unless the sign or structure—\n\n(a) is set back at least 750 mm from the kerb; and\n\n(b) is at a height of at least 2·7 m above the level of the street.\n\n","sortOrder":118},{"sectionNumber":"108","sectionType":"section","heading":"Service cabinet doors","content":"\t108 Service cabinet doors\n\n(1) A service cabinet door must not project beyond the street alignment more than 600 mm when in the fully open position.\n\n(2) In this regulation, ***service cabinet*** means a cabinet or cupboard containing a meter, electrical equipment, water connections, fire equipment or other similar equipment.\n\n","sortOrder":119},{"sectionNumber":"109","sectionType":"section","heading":"Report and consent required","content":"\t109 Report and consent required\n\n(1) The report and consent of the relevant council must be obtained to an application for a building permit to construct any of the following parts of a building if the part projects beyond the street alignment  at a different height or distance to that specified in this Part—\n\n(a) an architectural feature;\n\n(b) a window;\n\n(c) a balcony;\n\n(d) a verandah;\n\n(e) a sunblind;\n\n(f) an awning;\n\n(g) a service pipe;\n\n(h) a rainwater head;\n\n(i) a service installation;\n\n(j) a window shutter;\n\n(k) a sign or similar Class 10b structure;\n\n(l) a service cabinet door.\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit to construct a building if any part of the building not specified in subregulation (1) would project beyond the street alignment.\n\n(3) The relevant council may give its consent under subregulation (1) or (2) if it considers that the projection of the part of the building beyond the street alignment will not be detrimental to the safety of the public.\n\n(4) Despite subregulations (1) and (2), the report and consent of the relevant council under subregulation (1) or (2) need not be obtained to an application for a building permit if⎯\n\n(b) the relevant planning scheme regulates the projection of part of a building  beyond the street alignment of the same class of part of building referred to in subregulation (3).\n\n","sortOrder":120},{"sectionNumber":"110","sectionType":"section","heading":"Footings adjoining boundaries are permissible","content":"\t110 Footings adjoining boundaries are permissible\n\n(1) A footing may support a party wall.\n\n(2) A footing may extend beyond the boundaries of a street alignment—\n\n(a) to a distance of not more than 300 mm if the highest projecting part of the footing is at a depth of at least 450 mm but less than 3 m below the level of the street; or\n\n(b) to a distance of not more than 1 m if the highest projecting part of the footing is at a depth of at least 3 m below the level of the street.\n\nPart 7—Protection of adjoining property and the public\n\nDivision 1—Protection of adjoining property by means of protection work\n\n\t111 Required protection work\n\n(1) Protection work must be provided by the owner, in relation to an adjoining property, before and during the carrying out of any building work, if the relevant building surveyor determines that protection work is required.\n\n(2) The relevant building surveyor must determine whether protection work is required as a result of proposed building work when deciding an application for a building permit in relation to that work.\n\n(3) The relevant building surveyor may at any time determine that protection work is required in relation to building work.\n\n(4) A determination under subregulation (2) or (3) must be in the form of Form 6.\n\n(5) Within 7 days after making a determination under this regulation, the relevant building surveyor must give a copy of the determination to—\n\n(a) the applicant for the relevant building permit; and\n\n(b) if the owner referred to in subregulation (1) is not the applicant, the owner.\n\n","sortOrder":121},{"sectionNumber":"112","sectionType":"section","heading":"Matters relevant building surveyor must consider when determining if protection work required","content":"\t112 Matters relevant building surveyor must consider when determining if protection work required\n\nFor the purposes of making a determination under regulation 111, the relevant building surveyor must have regard to—\n\n(a) any allotment plan provided to the relevant building surveyor under regulation 25 or regulation 26; and\n\n(b) specifications that describe the materials and methods to be used in the proposed building work; and\n\n(c) any demolition required as part of the proposed building work; and\n\n(d) any excavation required as part of the proposed building work; and\n\n(e) any proposed building work in relation to party walls and retaining walls; and\n\n(f) the nature and likely extent of any damage or other adverse effect on the stability or otherwise of an adjoining property that may be caused by the proposed building work; and\n\nReg. 112(g) amended by S.R. No. 73/2021 reg. 6(1).\n\n(g) any certificate under section 238 of the Act from a civil engineer, who designed the building work; and\n\nReg. 112(h) amended by S.R. No. 73/2021 reg. 6(2).\n\n(h) any certificate under section 238 of the Act from an independent engineer who is a civil engineer, certifying that the structural design of the building work complies with the Act and these Regulations; and\n\n(i) any other matter the relevant building surveyor considers relevant.\n\n","sortOrder":122},{"sectionNumber":"113","sectionType":"section","heading":"Protection work notice","content":"\t113 Protection work notice\n\nReg. 113(1) amended by S.R. No. 75/2018 reg. 11.\n\n(1) The notice required to be served by the owner on the adjoining owner and the relevant building surveyor by section 84 of the Act must be in the form of Form 7 and must be accompanied by the following—\n\n(a) any determination of the relevant building surveyor made under regulation 111;\n\n(b) 3 copies of the notice required to be given by the adjoining owner to the owner under section 85 of the Act;\n\n(c) a statement in a form approved by the Authority, that explains the operation of the protection work process under the Act and these Regulations and the procedure for the resolution of disputes relating to protection work;\n\n(d) plans and specifications for any building work, building or structure that may affect the adjoining property and that contain sufficient detail to show how the proposed building work will affect the adjoining property;\n\n(e) plans and specifications for the proposed protection work that contain sufficient detail to show how the protection work will protect the adjoining property from the effects identified in paragraph (d);\n\n(f) one copy of an allotment plan complying with regulation 25(1)(d).\n\n(2) For the purposes of section 84(2) of the Act—\n\n(a) the prescribed details of the proposed building work are—\n\n(i) the relevant details set out in Form 7; and\n\n(ii) the details in the documents required under subregulation (1)(d); and\n\n(b) the prescribed details of the proposed protection work are—\n\n(i) the relevant details set out in Form 7; and\n\n(ii) the details in the documents required under subregulation (1)(e); and\n\n(c) the prescribed information is any information set out in Form 7 that is not a prescribed detail under paragraph (a) or (b).\n\n","sortOrder":123},{"sectionNumber":"114","sectionType":"section","heading":"Protection work response notice","content":"\t114 Protection work response notice\n\nReg. 114(1) amended by S.R. No. 75/2018 reg. 11.\n\n  (1) The notice required to be given by the adjoining owner to the owner under section 85 of the Act agreeing or disagreeing to the proposed protection work or requiring more information must be in the form of Form 8.\n\n(2) The prescribed information to be contained  \nin a notice under section 85 of the Act is the information set out in Form 8.\n\n","sortOrder":124},{"sectionNumber":"115","sectionType":"section","heading":"Notice of relevant building surveyor determination","content":"\t115 Notice of relevant building surveyor determination\n\nA written notice of determination by the relevant building surveyor under section 87 of the Act must—\n\nReg. 115(a) amended by S.R. No. 75/2018 reg. 11.\n\n(a) be in the form of Form 9; and\n\n(b) include a statement informing the recipient of the notice of any right of appeal to the Building Appeals Board under section 141 of the Act; and\n\n(c) include the prescribed appeal period under regulation 271 that applies in relation to that right of appeal; and\n\n(d) be accompanied by the owner's proposal for protection work under section 84 of the Act; and\n\n(e) be accompanied by the adjoining owner's notice under section 85(1)(b) of the Act (if any).\n\nDivision 2—Protection of the public\n\n","sortOrder":125},{"sectionNumber":"116","sectionType":"section","heading":"Protection of the public","content":"\t116 Protection of the public\n\n(1) Precautions must be taken before and during building work to protect the safety of the public if required by the relevant building surveyor.\n\n(2) The precautions must be approved by the relevant building surveyor before building work is commenced.\n\n(3) Before and during the carrying out of building work all excavations must be fenced or otherwise guarded against being a danger to life or property.\n\n(4) The report and consent of the relevant council must be obtained to an application for a building permit relating to the erection of precautions over the street alignment unless a local law requires the taking of precautions and the precautions comply with the local law.\n\nDivision 3—Demolition\n\n","sortOrder":126},{"sectionNumber":"117","sectionType":"section","heading":"Demolition","content":"\t117 Demolition\n\n(1) Precautions must be taken before and during demolition in accordance with AS 2601 The demolition of structures as in force or as issued or as published from time to time and the following—\n\n(a) the demolition must not be commenced until the precautionary measures have been inspected and approved by the relevant building surveyor;\n\n(b) no part of any external wall on or within  \n3 m of a street alignment may be pulled down except during the hours that the relevant building surveyor directs;\n\n(c) protective outriggers must be installed where necessary to guard against danger to life or property or when required by the relevant building surveyor;\n\n(d) the site must be cleared of all debris.\n\n(2) The relevant building surveyor may exempt minor demolition work from the requirements of subregulation (1) if the relevant building surveyor is of the opinion that the nature of the demolition work does not warrant those measures.\n\nDivision 4—Excavations and retaining walls\n\n","sortOrder":127},{"sectionNumber":"118","sectionType":"section","heading":"Excavations","content":"\t118 Excavations\n\n(1) All excavations and backfilling must be executed in a safe and workmanlike manner.\n\n(2) Unless exempted by the relevant building surveyor, all water must be removed or diverted from excavations before the laying of footings.\n\n","sortOrder":128},{"sectionNumber":"119","sectionType":"section","heading":"Retaining walls","content":"\t119 Retaining walls\n\n(1) The municipal building surveyor may require the owner of an allotment to provide retaining walls or other means of maintaining the stability of the soil if the municipal building surveyor considers that the stability of the ground on the allotment or any adjoining property has been or may be adversely affected by any excavation or filling of soil on the allotment.\n\n(2) An owner of an allotment must comply with a requirement in relation to the allotment under subregulation (1).\n\n(3) Subregulation (1) does not apply if the owner of the allotment is required to provide protection work in relation to an adjoining property under regulation 111.\n\nPart 8—Building work\n\nDivision 1—Methods of assessment of compliance\n\n\t120 Testing of materials\n\n(1) The relevant building surveyor may require that the owner or builder carrying out building work for which a building permit has been issued arrange for the testing of any material used in the building work.\n\n(2) The relevant building surveyor may, as a result of tests carried out under subregulation (1), prohibit the use of any material that—\n\n(a) does not meet the requirements of these Regulations; or\n\n(b) is found to be unsuitable or unfit for the purposes for which it is intended.\n\n(3) Tests required under subregulation (1) must be carried out by an Accredited Testing Laboratory or a Registered Testing Authority or an approved person or organisation.\n\n","sortOrder":129},{"sectionNumber":"121","sectionType":"section","heading":"Fire performance requirements—performance solutions","content":"\t121 Fire performance requirements—performance solutions\n\nDespite anything to the contrary in the BCA, the relevant building surveyor must not determine that a performance solution complies with a fire performance requirement of the BCA unless the relevant building surveyor—\n\n(a) holds a Graduate Certificate in Performance‑Based Building & Fire Codes from Victoria University; or\n\n(b) holds a qualification that the Victorian Building Authority considers is equivalent to that Certificate; or\n\n(c) relies on a report of the chief officer under regulation 129, that states that the chief officer is satisfied that a satisfactory degree of fire safety is achieved by that performance solution; or\n\n(d) relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, that states that the performance solution complies with that performance requirement; or\n\n(e) relies on a certificate under section 238 of the Act by a registered building surveyor, who did not design the building work, and who holds a qualification referred to in paragraph (a) or (b), that states that the performance solution complies with that performance requirement; or\n\n(f) relies on a determination of the Building Appeals Board under section 160A of the Act that the performance solution complies with that performance requirement; or\n\n(g) relies on a certificate of accreditation issued by the Building Regulations Advisory Committee that states that the performance solution complies with that performance requirement; or\n\n(h) relies on a Certificate of Conformity issued by a person or body duly authorised by the Australian Building Codes Board, that states that the performance solution complies with that performance requirement.\n\nReg. 122 amended by S.R. No. 73/2021 reg. 7(1).\n\n","sortOrder":130},{"sectionNumber":"122","sectionType":"section","heading":"Certificates of compliance—proposed building work","content":"\t122 Certificates of compliance—proposed building work\n\nThe prescribed classes of proposed building work and the prescribed categories and classes of registered building practitioners or endorsed building engineers in relation to proposed building work for the purposes of section 238(1)(a) of the Act are as follows—\n\nReg. 122(a) amended by S.R. No. 73/2021 reg. 7(2).\n\n(a) for a certificate relating to the design or part of the design of building work relating to a structural, sewerage, water or drainage matter—civil engineer;\n\nReg. 122(b) amended by S.R. No. 73/2021 reg. 7(3).\n\n(b) for a certificate relating to the design or part of the design of building work relating to a mechanical matter including hydraulic services within a building—mechanical engineer;\n\nReg. 122(c) amended by S.R. No. 73/2021 reg. 7(4).\n\n(c) for a certificate relating to the design or part of the design of building work relating to an electrical matter—electrical engineer;\n\nReg. 122(d) amended by S.R. No. 73/2021 reg. 7(5).\n\n(d) for a certificate relating to the design or part of the design of building work relating to a fire safety matter—fire safety engineer;\n\n(e) for a certificate relating to the design or part of the design of any of the above classes of building work—category of building surveyor.\n\nReg. 123 amended by S.R. No. 73/2021 reg. 8(1).\n\n","sortOrder":131},{"sectionNumber":"123","sectionType":"section","heading":"Certificates of compliance—building work","content":"\t123 Certificates of compliance—building work\n\nThe prescribed classes of building work and the prescribed categories and classes of registered building practitioners or endorsed building engineers in relation to building work for the purposes of section 238(1)(b) of the Act are as follows—\n\nReg. 123(a) amended by S.R. No. 73/2021 reg. 8(2).\n\n(a) for a certificate relating to the inspection of domestic building work relating to a structural, sewerage, water or drainage matter—civil engineer;\n\nReg. 123(b) amended by S.R. No. 73/2021 reg. 8(3).\n\n(b) for a certificate relating to the inspection of domestic building work relating to a mechanical matter including hydraulic services within a building—mechanical engineer;\n\nReg. 123(c) amended by S.R. No. 73/2021 reg. 8(4).\n\n(c) for a certificate relating to the inspection of domestic building work relating to an electrical matter—electrical engineer;\n\nReg. 123(d) amended by S.R. No. 73/2021 reg. 8(5).\n\n(d) for a certificate relating to the inspection of domestic building work relating to a fire safety matter—fire safety engineer;\n\n(e) for a certificate relating to the inspection of domestic building work—category of building surveyor or building inspector;\n\nReg. 123(f) amended by S.R. No. 73/2021 reg. 8(6).\n\n(f) for a certificate relating to the erection of a prescribed temporary structure—category of building surveyor or building inspector or civil engineer or category of person who erects or supervises the erection of prescribed temporary structures.\n\nReg. 124 (Heading) amended by S.R. No. 73/2021 reg. 9(1).\n\n\t124 Registered building practitioner or endorsed building engineer must document performance solutions in certificate of compliance\n\nReg. 124(1) amended by S.R. No. 73/2021 reg. 9(2).\n\n(1) A registered building practitioner or endorsed building engineer who issues a certificate under section 238 of the Act that certifies that a performance solution complies with a performance requirement of the BCA in relation to proposed building work must record in writing the following—\n\n(a) the performance requirement with which the performance solution complies;\n\nReg. 124(1)(b) amended by S.R. Nos 180/2018 reg. 7, 73/2021 reg. 9(2).\n\n(b) details of any of the following that the registered building practitioner or endorsed building engineer uses or relies on in determining that the performance solution complies with the performance requirement—\n\n(i) the assessment method or methods;\n\n(ii) the details of any expert judgement;\n\n(iii) the details of any tests or calculations;\n\n(iv) the details of any standards or other information.\n\nReg. 124(2) amended by S.R. No. 73/2021 reg. 9(2).\n\n(2) A registered building practitioner or endorsed building engineer must within 7 days after a request from the relevant building surveyor give to the relevant building surveyor a copy of the record prepared under subregulation (1).\n\n","sortOrder":132},{"sectionNumber":"125","sectionType":"section","heading":"Evidence of suitability—certificate from professional engineer or other qualified person","content":"\t125 Evidence of suitability—certificate from professional engineer or other qualified person\n\nReg. 125(1) amended by S.R. Nos 40/2019 reg. 10(1), 73/2021 reg. 10, 102/2023 reg. 6.\n\n(1) The BCA Volume One applies as if in clause A5G3(1)(e) for \"a professional engineer or other appropriately qualified person\" there were substituted \"a registered building practitioner in the category or class, or an endorsed building engineer in the area of engineering, prescribed in the Building Regulations 2018 for the purposes of section 238 of the **Building Act 1993** in relation to the relevant class of building work\".\n\nReg. 125(2) amended by S.R. Nos 40/2019 reg. 10(2), 73/2021 reg. 10, 102/2023 reg. 6.\n\n(2) The BCA Volume Two applies as if in clause A5G3(1)(e) for \"a professional engineer or other appropriately qualified person\" there were substituted \"a registered building practitioner in the category or class, or an endorsed building engineer in the area of engineering, prescribed in the Building Regulations 2018 for the purposes of section 238 of the **Building Act 1993** in relation to the relevant class of building work\".\n\n","sortOrder":133},{"sectionNumber":"126","sectionType":"section","heading":"Forms of certificates of compliance","content":"\t126 Forms of certificates of compliance\n\nA certificate under section 238 of the Act must be in a form approved by the Authority and published from time to time in the Government Gazette.\n\nDivision 2—Special provisions\n\n","sortOrder":134},{"sectionNumber":"127","sectionType":"section","heading":"Record of pile-driving","content":"\t127 Record of pile-driving\n\nAny person installing piles must—\n\n(a) keep a record of all pile-driving operations undertaken during the construction including any determination of allowable loadings; and\n\n(b) make the records available for inspection by the relevant building surveyor during the progress of the pile-driving operations; and\n\n(c) within 28 days of the completion of the pile‑driving operations forward the complete records of the pile-driving operations to the relevant building surveyor.\n\n","sortOrder":135},{"sectionNumber":"128","sectionType":"section","heading":"Branding of timber","content":"\t128 Branding of timber\n\nReg. 128(1) amended by S.R. No. 102/2023 reg. 7.\n\n(1) Despite performance requirement B1P1 of the BCA Volume One and performance requirement H1P1 of the BCA Volume Two, every piece of timber to be used for structural purposes must be—\n\n(a) stress‑graded in accordance with whichever of the following standards is applicable to the type of timber—\n\n(i) AS 2082 Timber—Hardwood—Visually stress-graded for structural purposes, as in force or as issued or published from time to time (***AS 2082***);\n\n(ii) AS 2858 Timber—Softwood—Visually stress‑graded for structural purposes, as in force or as issued or published from time to time (***AS 2858***);\n\n(iii) AS/NZS 1748 Timber—Solid—Stress‑graded for structural purposes, as in force or as issued or published from time to time; and\n\n(b) marked at least once with—\n\n(i) the source of the stress grading; and\n\n(ii) the word \"seasoned\" or the letter \"S\" if seasoned in accordance with AS 2082 or AS 2858; and\n\n(iii) the stress grade or stress grade colour in accordance with AS 1613 Timber—Colours for marking F‑grades, as in force or as issued or published from time to time.\n\n(2) Nothing in this regulation applies to timber—\n\n(a) to be used as a stump, sole plate or as fencing material; or\n\n(b) having a dimension of 25 mm or less; or\n\n(c) comprising part of a manufactured component which complies with AS 1720.1 Timber structures—Part 1: Design methods, as in force or as issued or published from time to time; or\n\n(d) which has been previously used, but which in the opinion of the relevant building surveyor is suitable to be used for structural purposes.\n\n","sortOrder":136},{"sectionNumber":"129","sectionType":"section","heading":"Requirements for permits involving fire safety matters","content":"\t129 Requirements for permits involving fire safety matters\n\n(1) The report and consent of the chief officer must be obtained to an application for a building permit which involves any of the following fire safety matters if those matters do not meet the deemed-to-satisfy provisions of the BCA—\n\n(a) fire hydrants;\n\n(b) fire control centres or fire control rooms;\n\n(c) fire precautions during construction;\n\n(d) fire mains;\n\n(e) control valves;\n\n(f) booster assemblies;\n\n(g) open space and perimeter vehicular access to the extent it relates to emergency vehicles;\n\n(h) fire indicator panels;\n\n(i) fire services controls in passenger lift cars.\n\n(2) In a report under subregulation (1), the chief officer may consent to a variation of the requirements of the BCA if the chief officer is satisfied that a satisfactory degree of fire safety is achieved.\n\n(3) When a building permit is issued which involves the installation of fire sprinklers and the installation does not meet the deemed-to-satisfy provisions of the BCA, the relevant building surveyor must forward details of the installation to the chief officer.\n\n","sortOrder":137},{"sectionNumber":"130","sectionType":"section","heading":"Report and consent for building over easements","content":"\t130 Report and consent for building over easements\n\n(1) The report and consent of the relevant service authority must be obtained to an application for a building permit to construct a building over an easement vested in that service authority.\n\n(2) This regulation does not apply to implied easements under the **Subdivision Act 1988**.\n\n**Notes**\n\n1 Section 148 of the **Water Act 1989** prohibits a person from building a structure, or placing any filling on land without the consent of the Melbourne Water Corporation or other water supply authority—\n\n• over which an easement exists either in favour of a water supply authority, or for water supply, sewerage or drainage purposes; or\n\n• within 5 m laterally of any works of the Melbourne Water Corporation; or\n\n• within 1 m laterally of any works of any other water supply authority.\n\n2 Section 148 of the **Water Act 1989** also prohibits the removal of any soil, rock or other matter that supports, protects or covers any [works](http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wa198983/s3.html#works) of the Melbourne Water Corporation or [water supply authority.](http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wa198983/s201.html#authority)\n\n","sortOrder":138},{"sectionNumber":"131","sectionType":"section","heading":"Report concerning need for electricity substations","content":"\t131 Report concerning need for electricity substations\n\n(1) If an application is made for a building permit for the construction of a building, the relevant building surveyor may require a report from the relevant electricity supply authority as to whether an electricity substation is necessary on the allotment and, if so, the size and location of the substation.\n\n(2) This regulation does not apply to the construction of a Class 1 or 10 building.\n\n","sortOrder":139},{"sectionNumber":"132","sectionType":"section","heading":"Report and consent for septic tank systems","content":"\t132 Report and consent for septic tank systems\n\n(1) The report and consent of the relevant council must be obtained to an application for a building permit that requires—\n\n(a) the installation or alteration of a septic tank system; or\n\n(b) the construction of a building over an existing septic tank system.\n\n(2) The report and consent of the relevant council need not be obtained to an application for a building permit referred to in subregulation (1) if a permit for the construction, installation or alteration of the septic tank system that is relevant to the application has been issued under section 53M(5) of the **Environment Protection Act 1970**.\n\n","sortOrder":140},{"sectionNumber":"133","sectionType":"section","heading":"Stormwater drainage","content":"\t133 Stormwater drainage\n\n(1) The design of every stormwater drainage system to the point of discharge from an allotment must be approved by the relevant building surveyor.\n\n(2) The report of the relevant council indicating the location of the point of discharge from an allotment either within the allotment or at the allotment boundary must be obtained in relation to an application for a building permit for the carrying out of building work that includes a stormwater drainage system.\n\n(3) The design of every stormwater drainage system must—\n\n(a) be approved by the relevant building surveyor; and\n\n(b) the point of discharge must be consistent with the point of discharge identified in the report obtained under subregulation (2).\n\n","sortOrder":141},{"sectionNumber":"134","sectionType":"section","heading":"Buildings above or below certain public facilities","content":"\t134 Buildings above or below certain public facilities\n\n(1) This regulation does not apply to a part of a building to which Part 6 applies.\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit for the construction of a building above or below a street, railway, bus terminal or similar public facility whether or not such a building is connected to other buildings.\n\nPt 9 (Heading) substituted by S.R. No. 116/2019 reg. 7.\n\n","sortOrder":142},{"sectionNumber":"Part 9","sectionType":"part","heading":"Fire safety requirements","content":"Part 9—Fire safety requirements\n\nPt 9 Divs 1, 2 (Headings and regs 135–143) revoked by S.R. No. 116/2019 reg. 8.\n\nPt 9 Div. 3 (Heading) revoked by S.R. No. 116/2019 reg. 9.\n\nReg. 144 amended by S.R. No. 116/2019 reg. 10.\n\n","sortOrder":143},{"sectionNumber":"144","sectionType":"section","heading":"Definition of owner","content":"\t144 Definition of owner\n\nIn this Part, ***owner*** in relation to a dwelling, a sole‑occupancy unit or a building means—\n\n(a) in the case of a dwelling, sole‑occupancy unit or a building being purchased under a terms contract (within the meaning of the **Sale of Land Act 1962**) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that dwelling, sole‑occupancy unit or building; and\n\n(b) in the case of any other dwelling, sole‑occupancy unit or building, the owner of that dwelling, sole‑occupancy unit or building.\n\n","sortOrder":144},{"sectionNumber":"145","sectionType":"section","heading":"Automatic smoke detection and alarm systems","content":"\t145 Automatic smoke detection and alarm systems\n\n(1) This regulation applies to a Class 1 or 3 building or a Class 4 part of a building or a sole‑occupancy unit contained in a Class 2 building or a Class 9a building that is a residential care building that was constructed, or for which a building permit was granted, before 1 August 1997.\n\n(2) A Class 1 building must have installed throughout the building—\n\nReg. 145(2)(a) amended by S.R. Nos 40/2019 reg. 11(1), 102/2023 reg. 8(1).\n\n(a) a smoke alarm system that complies with the deemed-to-satisfy provisions contained in clause H3D6 of the BCA Volume Two; or\n\n(b) an approved smoke alarm system powered from a mains electricity supply, if there is such a supply to the building.\n\nReg. 145(3) amended by S.R. Nos 40/2019 reg. 11(2), 102/2023 reg. 8(2).\n\n(3) A building, other than a Class 1 building, must have installed throughout the building one of the following as required by Specification 20 of the BCA Volume One—\n\nReg. 145(3)(a) substituted by S.R. No. 102/2023 reg. 8(3).\n\n(a) a smoke detection system that complies with clause S20C3 of Specification 20 of the BCA Volume One;\n\nReg. 145(3)(b) amended by S.R. No. 40/2019 reg. 11(3), substituted by S.R. No. 102/2023 reg. 8(4).\n\n(b) a smoke detection system that complies with clause S20C4 of Specification 20 of the BCA Volume One;\n\nReg. 145(3)(c) inserted by S.R. No. 40/2019 reg. 11(4), substituted by S.R. No. 102/2023 reg. 8(5).\n\n(c) a combination of a smoke alarm system and a smoke detection system that complies with clause S20C5 of Specification 20  of the BCA Volume One.\n\n(4) This regulation must be complied with by—\n\n(a) in the case of a sole‑occupancy unit contained in a Class 2 building, the owner of the sole‑occupancy unit; or\n\n(b) in any other case, the owner of the building.\n\n(5) Subregulation (3) does not apply to a building in which there is installed throughout the building an approved smoke detection and alarm system that consists of either one or both of the following—\n\n(a) an approved smoke alarm system powered from a mains electricity supply;\n\n(b) an approved smoke detection system.\n\n(6) This regulation does not apply to a Class 1a or Class 4 part of a building or a sole‑occupancy unit contained in a Class 2 building that complies with regulation 707 of the Building Interim Regulations 2017 as in force immediately before its revocation.\n\n(7) This regulation does not apply to a Class 1b  \nor 3 building or a Class 9a building that is a residential care building that complies with regulation 709 of the Building Interim Regulations 2017 as in force immediately before its revocation.\n\n","sortOrder":145},{"sectionNumber":"146","sectionType":"section","heading":"Residential care buildings—automatic fire suppression systems","content":"\t146 Residential care buildings—automatic fire suppression systems\n\n(1) This regulation applies to a Class 9a building that is a residential care building that was constructed, or for which a building permit was granted, before 1 August 1997.\n\nReg. 146(2) amended by S.R. No. 102/2023 reg. 9.\n\n(2) A fire sprinkler system in accordance with the deemed-to-satisfy provisions contained in clause E1D4 of the BCA Volume One must be installed throughout a residential care building.\n\n(3) This regulation must be complied with by the owner of the building.\n\n(4) This regulation does not apply to a building that has an approved automatic fire suppression system installed throughout the building.\n\n","sortOrder":146},{"sectionNumber":"147","sectionType":"section","heading":"Shared accommodation buildings—automatic fire suppression systems","content":"\t147 Shared accommodation buildings—automatic fire suppression systems\n\n(1) This regulation applies to a Class 3 building that is a shared accommodation building constructed, or for which a building permit was granted, before 1 July 2003.\n\nReg. 147(2) amended by S.R. No. 102/2023 reg. 10(1).\n\n(2) A fire sprinkler system in accordance with deemed-to-satisfy provisions contained in clause E1D4 of the BCA Volume One must be installed throughout a shared accommodation building.\n\n(3) This regulation must be complied with by the owner of the building.\n\n(4) This regulation does not apply to a shared accommodation building that has a rise in storeys of not more than 2 and—\n\n(a) the distance of travel from the entrance doorway of each sole-occupancy unit is not more than 6 m—\n\n(i) to the nearest exit; or\n\n(ii) to a point from which travel in different directions to at least  2 exits is available; and\n\nReg. 147(4)(b) amended by S.R. No. 102/2023 reg. 10(2).\n\n(b) that has a fire hose reel system in accordance with the deemed‑to‑satisfy provisions contained in clause E1D3 of the BCA Volume One or, in the case of a fire compartment having a floor area not greater than 500 m2, portable fire extinguishers to cover Class A fire risks in accordance with AS 2444—2001 Portable fire extinguishers and fire blankets—Selection and location as in force or as issued or published from time to time; and\n\nReg. 147(4)(c) amended by S.R. No. 102/2023 reg. 10(3).\n\n(c) that has emergency lighting in accordance with the deemed‑to‑satisfy provisions contained in clause G4D4 or clause E4D2 of the BCA Volume One (as appropriate); and\n\n(d) that has exit signs in accordance with the deemed-to-satisfy provisions contained in Part E4 of the BCA Volume One; and\n\nReg. 147(4)(e) amended by S.R. No. 75/2018 reg. 12(1).\n\n(e) that has a management plan.\n\n(5) This regulation does not apply to a shared accommodation building that has a rise in storeys of more than 2 and—\n\n(a) the distance of travel from the entrance doorway of each sole-occupancy unit—\n\n(i) to the nearest exit; or\n\n(ii) to a point from which travel in different directions to at least  2 exits is available—\n\nis not more than 6 m; and\n\n(b) that has building elements with a fire-resistance level of not less than 60/60/60 separating each sole-occupancy unit from—\n\n(i) a public corridor, public lobby or the like; or\n\n(ii) a room not within the sole-occupancy unit; or\n\n(iii) the landing of an internal non-fire-isolated stairway; or\n\n(iv) another sole-occupancy unit; and\n\n(c) any doorways from each sole-occupancy unit that provide access to a public corridor, public stairway, internal non-fire-isolated stairway or the like are protected with a self‑closing fire door having a fire-resistance level of not less than -/30/30; and\n\nReg. 147(5)(d) amended by S.R. No. 102/2023 reg. 10(4).\n\n(d) that has a fire hose reel system in accordance with the deemed‑to‑satisfy provisions contained in clause E1D3 of the BCA Volume One; and\n\nReg. 147(5)(e) amended by S.R. No. 102/2023 reg. 10(5).\n\n(e) that has emergency lighting in accordance with the deemed-to-satisfy provisions contained in clause G4D4 or clause E4D2 in the BCA Volume One (as appropriate); and\n\n(f) that has exit signs in accordance with the deemed-to-satisfy provisions contained in Part E4 of the BCA Volume One; and\n\nReg. 147(5)(g) amended by S.R. No. 75/2018 reg. 12(1).\n\n(g) that has a management plan.\n\n(6) This regulation does not apply to a shared accommodation building—\n\n(a) in which—\n\n(i) each storey that has sleeping facilities has its own direct egress to a street or to open space; and\n\n(ii) the distance of travel from the entrance doorway of each sole-occupancy unit to the nearest exit, or to a point from which travel in different directions to at least 2 exits is available, is not more than 6 m; or\n\n(b) that was constructed, or for which a building permit was granted, before 1 August 1997; or\n\n(c) that has an approved automatic fire suppression system installed throughout the building.\n\nReg. 147(7) inserted by S.R. No. 75/2018 reg. 12(2).\n\n(7) In this regulation—\n\n***management plan*** means a plan that includes the following information—\n\n(a) contact details for emergency services including fire, ambulance and police;\n\n(b) 24-hour contact details of the manager of the shared accommodation building;\n\n(c) a list of the type of fire protection equipment available for the shared accommodation building;\n\n(d) a map showing the location of fire protection equipment available for the shared accommodation building;\n\n(e) a warning that fire protection equipment must be kept clear of obstructions at all times;\n\n(f) a program of annual training to ensure that any staff of the shared accommodation building know how to operate the fire protection equipment available for the shared accommodation building;\n\n(g) an emergency plan that complies with subregulation (8);\n\n(h) a program of evacuation drills to ensure the efficacy of the emergency plan.\n\nReg. 147(8) inserted by S.R. No. 75/2018 reg. 12(2).\n\n(8) For the purposes of subregulation (7)(g), an ***emergency plan*** must—\n\n(a) comply with AS 3745—2010 Planning for emergencies in facilities published on 25 November 2010, as in force or as issued from time to time; or\n\n(b) include the following information—\n\n(i) a map of the shared accommodation building that identifies the location of all exits from the shared accommodation building;\n\n(ii) a map that identifies the assembly point at which occupants of the shared accommodation building must meet in the event of an evacuation;\n\n(iii) details of the actions any staff must take to notify building occupants of an evacuation, in the event of an evacuation;\n\n(iv) details of the stages of the evacuation warning system and the actions that must be taken at each stage, if an evacuation warning system is installed in the building.\n\nReg. 147AA inserted by S.R. No. 102/2023 reg. 11.\n\n\t147AA Modification to the BCA Volume One in relation to fire sprinkler system requirements\n\nThe BCA Volume One applies as if in the VIC Table in Schedule 2 to Schedule 10—\n\n(a) in the row referring to AS2118.1, after \"amendment 1\" there were inserted \"and 2\";\n\n(b) in the row referring to FPAA101D, for \"2018\" there were substituted \"2021\";\n\n(c) in the row referring to FPAA101H, after \"Supply\" there were inserted \"(incorporating amendment 1)\".\n\nPt 9A (Headings and regs 147A–147ZM) inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":147},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Safety requirements for, registration of, and certification of barriers for, swimming pools and spas","content":"Part 9A—Safety requirements for, registration of, and certification of barriers for, swimming pools and spas\n\n","sortOrder":148},{"sectionNumber":"Div 1","sectionType":"division","heading":"Application of Part","content":"Division 1—Application of Part\n\nReg. 147A inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":149},{"sectionNumber":"147A","sectionType":"section","heading":"Application of this Part","content":"\t147A Application of this Part\n\nThis Part applies to land on which a swimming pool or spa is located if the swimming pool or spa—\n\n(a) is appurtenant to a Class 1, 2, 3 or 10 building or a Class 4 part of a building; and\n\n(b) is capable of containing water to a depth of greater than 300 mm.\n\nSwimming pools or spas that are not capable of containing water to a depth of greater than 300 mm are exempt from these Regulations—see item 8 of the Table in Schedule 3.\n\nDivision 2—Requirements for barriers for swimming pools and spas\n\nReg. 147B inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":150},{"sectionNumber":"147B","sectionType":"section","heading":"Application of Division","content":"\t147B Application of Division\n\nThis Division applies to a swimming pool or spa that was constructed, or for which a building permit was granted, before 8 April 1991.\n\nA building permit includes a building approval or a building permit under the **Building Control Act 1981**—see clause 8 of Schedule 4 to the Act.\n\nReg. 147C inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":151},{"sectionNumber":"147C","sectionType":"section","heading":"Requirement for barriers","content":"\t147C Requirement for barriers\n\nThe owner of the land on which a swimming pool or spa is located must ensure that one or more of the following barriers are in place to restrict access to the part of the land on which the swimming pool or spa is located—\n\n(a) a wall of a building, but only if—\n\n(i) any door or gate in the wall complies with regulation 147D; and\n\n(ii) any openable part of any window in the wall complies with regulation 147E;\n\n(b) a fence and gate complying with AS 1926.1—1993 Swimming pool safety Part 1: Fencing for swimming pools, published 26 July 1993 as in force or as issued from time to time;\n\n(c) a paling or imperforate fence if—\n\n(i) it is at least 1·5 m in height measured above the ground level on the approach side; and\n\n(ii) any door or gate in the fence complies with regulation 147D.\n\nReg. 147D inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":152},{"sectionNumber":"147D","sectionType":"section","heading":"Requirements for doors or gates","content":"\t147D Requirements for doors or gates\n\nFor the purposes of regulation 147C(a)(i) and (c)(ii)—\n\n(a) the door or gate must have a self‑locking or self-latching device that prevents the door or gate, if the door or gate is in its closed position, from being opened by a person unable to reach the opening mechanism for the door or gate; and\n\n(b) the opening mechanism on the door or gate must be located not less than 1·5 m above the ground level or the internal floor level (as the case requires), measured from the approach side; and\n\n(c) the door or gate must be fitted with a device that returns the door or gate to its closed position⎯\n\n(i) from any position in the range of positions from fully open to resting on the lock or latch; and\n\n(ii) from a stationary start from any position within that range without the application of manual force.\n\nReg. 147E inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":153},{"sectionNumber":"147E","sectionType":"section","heading":"Requirements for windows in walls used as barriers","content":"\t147E Requirements for windows in walls used as barriers\n\nFor the purposes of regulation 147C(a)(ii), the openable part of the window in the wall—\n\n(a) must be not less than 2·4 m above the ground or paving immediately external to the window; or\n\n(b) must be not less than 1·5 m above the floor of the room containing the window; or\n\n(c) must have a catch, bolt, lock or other stop located not less than 1⋅5 m above the floor of the room containing the window so that the openable part of the window cannot be opened more than 125 mm; or\n\n(d) must have a securely fitted fly screen.\n\nDivision 3—Maintenance and operation of barriers for swimming pools and spas\n\nReg. 147F inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":154},{"sectionNumber":"147F","sectionType":"section","heading":"Swimming pool and spa barrier maintenance","content":"\t147F Swimming pool and spa barrier maintenance\n\nThe owner of the land on which a swimming pool or spa is located must take all reasonable steps to ensure that a barrier restricting access to the swimming pool or spa is properly maintained.\n\nReg. 147G inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":155},{"sectionNumber":"147G","sectionType":"section","heading":"Swimming pool and spa barrier operation","content":"\t147G Swimming pool and spa barrier operation\n\nAn occupier of the land on which a swimming pool or spa is located must take all reasonable steps to ensure that a barrier restricting access to the swimming pool or spa is operating effectively.\n\nReg. 147H inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":156},{"sectionNumber":"147H","sectionType":"section","heading":"Swimming pool and spa barrier gate must remain closed","content":"\t147H Swimming pool and spa barrier gate must remain closed\n\n(1) An occupier of the land on which a swimming pool or spa is located must take all reasonable steps to ensure that any gate or door forming part of a barrier restricting access to the swimming pool or spa remains closed except when a person is entering or leaving the part of the land on which the swimming pool or spa is located.\n\n(2) A person who opens a gate or door forming part of a barrier restricting access to the swimming pool or spa must ensure that the gate or door is closed immediately after entering or leaving the part of the land on which the swimming pool or spa is located.\n\nDivision 4—Registration of swimming pools and spas\n\nReg. 147I inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":157},{"sectionNumber":"147I","sectionType":"section","heading":"Certain swimming pools and spas exempted from section 216D of the Act","content":"\t147I Certain swimming pools and spas exempted from section 216D of the Act\n\nSection 216D of the Act does not apply to any swimming pool or spa that is not capable of containing water to a depth of greater than 300 mm.\n\nReg. 147J inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":158},{"sectionNumber":"147J","sectionType":"section","heading":"Prescribed information for swimming pool and spa registers","content":"\t147J Prescribed information for swimming pool and spa registers\n\n(1) For the purposes of section 216D(3)(a) of the Act, the prescribed information for a registered swimming pool or registered spa is—\n\n(a) the address of the land on which the swimming pool or spa is located; and\n\n(b) the name of the owner of the land; and\n\n(c) whether the swimming pool or spa is a relocatable swimming pool or a relocatable spa; and\n\n(d) the date of construction of the swimming pool or spa as determined by the relevant council under regulation 147T; and\n\n(e) the applicable barrier standard for the swimming pool or spa barrier; and\n\n(f) the following information in relation to the most recent certificate of pool and spa barrier compliance lodged with the relevant council for the swimming pool or spa barrier—\n\n(i) the date the certificate was issued;\n\n(ii) the registration number of the swimming pool and spa inspector who issued the certificate;\n\n(iii) a statement by the inspector who issued the certificate as to whether the inspector carried out building work on the barrier before the issuing of the certificate; and\n\n(g) the following information in relation to a certificate of pool and spa barrier non‑compliance lodged with the relevant council for the swimming pool or spa barrier—\n\n(i) the date the certificate was issued;\n\n(ii) the registration number of the swimming pool and spa inspector who issued the certificate; and\n\n(h) if the relevant council has granted an exemption under regulation 147W, the date any document was accepted by the relevant council under that regulation; and\n\n(i) the date by which the next certificate of pool and spa barrier compliance for the swimming pool or spa is required to be lodged with the relevant council; and\n\n(j) the dates and the permit numbers of any building permits issued after the date of construction of the swimming pool or spa for building work for the alteration, modification, replacement or renewal of the whole or part of the swimming pool or spa barrier.\n\n(2) For the purposes of section 216D(3)(b) of the Act, the prescribed information is the address of the land on which the swimming pool or spa is located.\n\nReg. 147K inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":159},{"sectionNumber":"147K","sectionType":"section","heading":"A register must be maintained in the following form and manner","content":"\t147K A register must be maintained in the following form and manner\n\nFor the purposes of section 216D(4) of the Act, a register must be maintained in electronic form or in document form.\n\nReg. 147L (Heading) amended by S.R. No. 42/2020 reg. 4(1).\n\nReg. 147L inserted by S.R. No. 116/2019 reg. 11.\n\n\t147L Application for registration of swimming pools and spas constructed, or where construction commenced, before 1 November 2020\n\n(1) This regulation applies to a swimming pool or spa (other than a relocatable swimming pool or relocatable spa)—\n\nReg. 147L(1)(a) amended by S.R. No. 42/2020 reg. 4(2).\n\n(a) constructed before 1 November 2020; or\n\nReg. 147L(1)(b) amended by S.R. No. 42/2020 reg. 4(2).\n\n(b) in respect of which construction was commenced but not completed before 1 November 2020.\n\n(2) The owner of the land on which the swimming pool or spa is located must apply to the relevant council for registration of the swimming pool or spa before or on the later of—\n\nReg. 147L(2)(a) amended by S.R. No. 42/2020 reg. 4(2).\n\n(a) 1 November 2020; or\n\n(b) 30 days after the date the occupancy permit or certificate of final inspection for the swimming pool or spa is issued.\n\n(3) An application for registration of a swimming pool or spa must be made under this regulation despite information relating to the swimming pool or spa having been entered on the register by the relevant council under section 216D(3)(b) of the Act.\n\nReg. 147M (Heading) amended by S.R. No. 42/2020 reg. 5(1).\n\nReg. 147M inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":160},{"sectionNumber":"147M","sectionType":"section","heading":"Application for registration of swimming pools and spas constructed on or after 1 November 2020","content":"\t147M Application for registration of swimming pools and spas constructed on or after 1 November 2020\n\n(1) This regulation applies to a swimming pool or spa (other than a relocatable swimming pool or relocatable spa) for which a building permit for construction of the swimming pool or spa was issued—\n\nReg. 147M(1)(a) amended by S.R. No. 42/2020 reg. 5(2).\n\n(a) on or after 1 November 2020; or\n\nReg. 147M(1)(b) amended by S.R. No. 42/2020 reg. 5(2).\n\n(b) before 1 November 2020 but construction of the swimming pool or spa did not commence until on or after that date.\n\n(2) The owner of the land on which the swimming pool or spa is located must—\n\n(a) apply to the relevant council for registration of the swimming pool or spa within 30 days after the date on which the owner receives the occupancy permit or certificate of final inspection for the swimming pool or spa; and\n\n(b) lodge the certificate of pool and spa barrier compliance issued by the relevant building surveyor under regulation 147Y with the relevant council at the time of applying for registration of the swimming pool or spa.\n\nReg. 147N inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":161},{"sectionNumber":"147N","sectionType":"section","heading":"Application for registration of relocatable swimming pools and relocatable spas","content":"\t147N Application for registration of relocatable swimming pools and relocatable spas\n\n(1) This regulation applies to a relocatable swimming pool or relocatable spa that has been erected for 3 or more consecutive days.\n\n(2) The owner of the land on which the relocatable swimming pool or relocatable spa is located must apply to the relevant council for registration of the relocatable swimming pool or relocatable spa before or on—\n\nReg. 147N(2)(a) substituted by S.R. No. 42/2020 reg. 6.\n\n(a) 4 November 2020, if the relocatable swimming pool or relocatable spa was erected 3 or more days before 1 November 2020 and remains erected on 1 November 2020; or\n\n(b) the 4th day after the relocatable swimming pool or relocatable spa was erected, in any other case.\n\nReg. 147O inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":162},{"sectionNumber":"147O","sectionType":"section","heading":"Relevant council may require owner to apply for registration of swimming pool or spa","content":"\t147O Relevant council may require owner to apply for registration of swimming pool or spa\n\n(1) If a relevant council has entered information relating to a swimming pool or spa in the register under section 216D(3)(b) of the Act, but the owner has not applied for registration of the swimming pool or spa under regulation 147L, 147M or 147N, the relevant council may give a notice in writing to the owner of the land requiring the owner to apply for registration of the swimming pool or spa within a period specified in the notice of not less than 14 days after the owner receives the notice.\n\n(2) An owner must comply with a notice given to the owner under subregulation (1).\n\nReg. 147P inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":163},{"sectionNumber":"147P","sectionType":"section","heading":"Form and fee for registration application","content":"\t147P Form and fee for registration application\n\n(1) An application for registration under this Division must be made in the form of Form 22 and be accompanied by—\n\n(a) any documents required in that Form if available; and\n\n(b) the registration fee determined by the relevant council in accordance with the **Local Government Act 1989**; and\n\n(c) in the case of an application for registration under regulation 147L, the information search fee determined by the relevant council in accordance with the **Local Government Act 1989**.\n\n(2) The maximum registration fee payable to the relevant council for an application for registration under this Part is 2·15 fee units.\n\n(3) The maximum information search fee payable to the relevant council is 3·19 fee units.\n\nReg. 147Q inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":164},{"sectionNumber":"147Q","sectionType":"section","heading":"Council must register swimming pool or spa on receipt of application","content":"\t147Q Council must register swimming pool or spa on receipt of application\n\nOn receiving an application that complies with regulation 147P under regulation 147L, 147M or 147N, the relevant council must enter information relating to a swimming pool or spa in the register of that council.\n\nReg. 147R inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":165},{"sectionNumber":"147R","sectionType":"section","heading":"Relevant council must give a notice to the applicant of registration of swimming pool or spa and certain other matters","content":"\t147R Relevant council must give a notice to the applicant of registration of swimming pool or spa and certain other matters\n\n(1) After registering a swimming pool or spa on the register, the relevant council must give a notice in writing to the applicant for registration of the swimming pool or spa of the following matters—\n\n(a) that the swimming pool or spa has been registered;\n\n(b) the date of construction of the swimming pool or spa determined under regulation 147T;\n\n(c) the applicable barrier standard for the swimming pool or spa barrier;\n\n(d) that the owner of the land may appeal to the Building Appeals Board under section 144(2) of the Act against a determination by the relevant council of the date of construction of the swimming pool or spa within 30 days after the owner receives the determination;\n\n(e) for a swimming pool or spa registered under regulation 147L, the date by which the first certificate of pool and spa barrier compliance is required to be lodged with the relevant council;\n\n(f) for a swimming pool or spa registered under regulation 147M, the date by which the next certificate of pool and spa barrier compliance is required to be lodged with the relevant council;\n\n(g) for a relocatable swimming pool or relocatable spa registered under regulation 147N, the date by which the first certificate of pool and spa barrier compliance is required to be lodged with the relevant council.\n\n(2) For the purposes of subregulation (1)(e), the date specified in the notice must be—\n\nReg. 147R(2)(a) amended by S.R. Nos 42/2020 reg. 7(1), 128/2021 reg. 4(1).\n\n(a) 1 June 2022, for a swimming pool or spa with a date of construction on or before 30 June 1994; or\n\nReg. 147R(2)(b) amended by S.R. Nos 42/2020 reg. 7(2), 128/2021 reg. 4(2).\n\n(b) 1 June 2023, for a swimming pool or spa with a date of construction on or after 1 July 1994 and before 1 May 2010; or\n\nReg. 147R(2)(c) amended by S.R. Nos 42/2020 reg. 7(3), 128/2021 reg. 4(3).\n\n(c) 1 June 2024, for a swimming pool or spa with a date of construction on or after 1 May 2010.\n\n(3) For the purposes of subregulation (1)(f), the date specified in the notice must be 4 years after the date that the first certificate of pool and spa barrier compliance was lodged with the relevant council.\n\n(4) For the purposes of subregulation (1)(g), the relevant council must specify a date that is no later than 30 days after the date that the relocatable swimming pool or relocatable spa was registered with that council.\n\nReg. 147R(5) amended by S.R. Nos 42/2020 reg. 7(4), 128/2021 reg. 4(4).\n\n(5) Despite subregulation (1), if a relevant council is satisfied that a registered swimming pool or registered spa (other than a relocatable swimming pool or relocatable spa) was constructed before 1 November 2020 without a building permit in force, the relevant council may specify in the notice under subregulation (1) a date that is no earlier than 1 June 2022.\n\nReg. 147S inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":166},{"sectionNumber":"147S","sectionType":"section","heading":"Removal of swimming pool or spa from a register","content":"\t147S Removal of swimming pool or spa from a register\n\n(1) If an owner of land on which a registered swimming pool or registered spa is or was located demonstrates to the satisfaction of the relevant council that a registered swimming pool or registered spa no longer exists or is no longer capable of containing water to a depth of greater than 300 mm, the relevant council must remove from the register the information about the swimming pool or spa set out in regulation 147J as soon as practicable.\n\n(2) After removing the information about the swimming pool or spa from the register, the relevant council must give a notice in writing to the owner stating that—\n\n(a) the information about the swimming pool or spa has been removed from the register; and\n\n(b) the owner is no longer required under these Regulations to lodge a further certificate of pool and spa barrier compliance with the relevant council for the swimming pool or spa.\n\nDivision 5—Inspection and certification of compliance of barriers\n\n","sortOrder":167},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Date of construction of a swimming pool or spa","content":"Subdivision 1—Date of construction of a swimming pool or spa\n\nReg. 147T inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":168},{"sectionNumber":"147T","sectionType":"section","heading":"Determination by the relevant council of the date of construction of a swimming pool or spa","content":"\t147T Determination by the relevant council of the date of construction of a swimming pool or spa\n\n(1) On an application for registration of a swimming pool or spa (other than a relocatable swimming pool or relocatable spa) under Division 4, the relevant council must determine the date of construction of the swimming pool or spa.\n\n(2) In determining the date of construction under subregulation (1) the relevant council may have regard to—\n\n(a) any information regarding the period of construction or the date of any building permit issued in relation to the construction of the swimming pool or spa provided in the application; or\n\n(b) any information contained in the records of the relevant council; or\n\n(c) any other relevant information obtained by the relevant council.\n\nIn subregulation (2)(a), a building permit includes a building approval or a building permit under the **Building Control Act 1981**—see clause 8 of Schedule 4 to the Act.\n\nReg. 147U inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":169},{"sectionNumber":"147U","sectionType":"section","heading":"Determination by the relevant council of the date of construction of a relocatable swimming pool or relocatable spa","content":"\t147U Determination by the relevant council of the date of construction of a relocatable swimming pool or relocatable spa\n\n(1) On an application for registration of a relocatable swimming pool or relocatable spa under Division 4, the relevant council must determine the date of construction of the relocatable swimming pool or relocatable spa.\n\n(2) For the purposes of subregulation (1), the date of construction of a relocatable swimming pool or relocatable spa is the date that the relocatable swimming pool or relocatable spa was last erected on the land specified in the application for registration as being the land on which the swimming pool or spa is located.\n\n","sortOrder":170},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Certificates of pool and spa barrier compliance","content":"Subdivision 2—Certificates of pool and spa barrier compliance\n\nReg. 147V inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":171},{"sectionNumber":"147V","sectionType":"section","heading":"Obligation to lodge certificate of pool and spa barrier compliance","content":"\t147V Obligation to lodge certificate of pool and spa barrier compliance\n\n(1) The owner of land on which a swimming pool or spa is located must lodge a certificate of pool and spa barrier compliance that complies with subregulation (2) with the relevant council before or on the date specified in the notice most recently given to or served on the owner (as the case requires) (the ***applicable date***) by the relevant council under—\n\n(a) regulation 147R(1)(e); or\n\n(b) regulation 147R(1)(f); or\n\n(c) regulation 147R(1)(g); or\n\n(d) subregulation (4)(b); or\n\n(e) regulation 147W(2)(b); or\n\n(f) regulation 147Z(3); or\n\n(g) regulation 147ZE(b); or\n\n(h) regulation 147ZK(1)(b); or\n\n(i) regulation 147ZL(2)(c).\n\n(2) A certificate of pool and spa barrier compliance lodged by an owner with a relevant council in accordance with subregulation (1) must be dated not more than 30 days before the date it is lodged.\n\n(3) Subregulation (1) does not apply to an owner who has been exempted under regulation 147W(1) from lodging a certificate of pool and spa compliance in accordance with a notice under regulation 147R(1)(e).\n\n(4) Following lodgement of a certificate of pool and spa barrier compliance with the relevant council by an owner in accordance with subregulation (1), the relevant council must give a notice in writing to the owner of—\n\n(a) the date the certificate of pool and spa barrier compliance was lodged with the relevant council; and\n\n(b) the date by which the next certificate of pool and spa barrier compliance is required to be lodged with the relevant council which must be 4 years after the previous certificate was lodged with the relevant council.\n\nReg. 147W inserted by S.R. No. 116/2019 reg. 11.\n\n\t147W Exemption from requirement to provide first certificate of pool and spa barrier compliance for certain swimming pools and spas\n\n(1) A relevant council may exempt an owner from the requirement under regulation 147V(1)(a) to lodge a certificate of pool and spa barrier compliance with the relevant council for a barrier for a swimming pool or spa required to be registered under regulation 147L if—\n\n(a) the owner lodges an occupancy permit or certificate of final inspection with the relevant council which—\n\nReg. 147W(1)(a)(i) amended by S.R. No. 42/2020 reg. 8.\n\n(i) relates to a building permit issued in relation to the barrier before 1 November 2020; and\n\nReg. 147W(1)(a)(ii) amended by S.R. No. 42/2020 reg. 8.\n\n(ii) was issued after an inspection of the barrier carried out on or after 1 November 2019; or\n\n(b) the owner lodges a document with the relevant council that—\n\nReg. 147W(1)(b)(i) amended by S.R. No. 42/2020 reg. 8.\n\n(i) is signed by a registered building surveyor or registered building inspector who inspected the barrier on or after 1 November 2017; and\n\n(ii) is dated no more than 4 years before the date of the lodgement of the document; and\n\n(iii) states that at the time of the inspection by the registered building surveyor or registered building inspector the barrier complied with the applicable barrier standard.\n\n(2) If an owner is exempted under subregulation (1), the relevant council must give a notice in writing to the owner stating—\n\n(a) that the owner is exempted from the requirement to lodge the next certificate of pool and spa barrier compliance by the applicable date under regulation 147V(1)(a) for the barrier; and\n\n(b) the date by which the next certificate of pool and spa barrier compliance is required to be lodged with the relevant council, which must be 4 years after the date of the inspection of the barrier relating to the occupancy permit, certificate of final inspection or the document.\n\nReg. 147X inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":172},{"sectionNumber":"147X","sectionType":"section","heading":"Fees for lodging a certificate of pool and spa barrier compliance with a relevant council","content":"\t147X Fees for lodging a certificate of pool and spa barrier compliance with a relevant council\n\n(1) A fee, determined by the relevant council in accordance with the **Local Government Act 1989**,  is payable to the relevant council by the owner for the lodgement of a certificate of pool and spa barrier compliance with the relevant council by the owner under regulation 147V(1).\n\n(2) The maximum fee that a relevant council may determine under subregulation (1) is 1·38 fee units.\n\n(3) An owner must pay the fee under subregulation (1) at the time of lodging the certificate of pool and spa barrier compliance with the relevant council.\n\nReg. 147Y inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":173},{"sectionNumber":"147Y","sectionType":"section","heading":"Issuing of certificates of pool and spa barrier compliance","content":"\t147Y Issuing of certificates of pool and spa barrier compliance\n\nReg. 147Y(1) amended by S.R. No. 42/2020 reg. 9.\n\n(1) If, following an inspection on or after 1 November 2020 of a swimming pool or spa and related barrier under regulation 169(d), the relevant building surveyor is satisfied that the barrier complies with the applicable barrier standard, the relevant building surveyor must issue a certificate of pool and spa barrier compliance and give the certificate to the owner of the land on which the swimming pool or spa is located.\n\n(2) A swimming pool and spa inspector engaged by the owner of land on which a swimming pool or spa is located must issue a certificate of pool and spa barrier compliance to the owner if—\n\n(a) the inspector has inspected the barrier relating to the swimming pool or spa; and\n\n(b) the inspector is satisfied that the barrier complies with the applicable barrier standard.\n\n(3) The municipal building surveyor carrying out functions under Part 8 or acting as an authorised person under section 228 of the Act may issue a certificate of pool and spa barrier compliance at any time in relation to a swimming pool or spa barrier.\n\n(4) A certificate of pool and spa barrier compliance must be in the form of Form 23.\n\n(5) If a person issues a certificate of pool and spa barrier compliance under this regulation, the person must, as soon as practicable after issuing the certificate, give the certificate to the owner of the land on which the swimming pool or spa is located.\n\nReg. 147Z inserted by S.R. No. 116/2019 reg. 11.\n\n","sortOrder":174},{"sectionNumber":"147Z","sectionType":"section","heading":"Relevant council may extend time for lodgement of a certificate of pool and spa barrier compliance","content":"\t147Z Relevant council may extend time for lodgement of a certificate of pool and spa barrier compliance\n\n(1) The relevant council may at any time on its own motion, or at the request of the owner of land on which a swimming pool or spa is located, extend the period for lodgement of a certificate of pool and spa barrier compliance for the swimming pool or spa, if the relevant council is satisfied that—\n\n(a) the owner has provided a reasonable excuse as to why it was not possible to lodge the certificate of pool and spa barrier compliance by the applicable date under regulation 147V(1); or\n\n(b) arrangements have been put in place by the owner for an inspection by a swimming pool and spa inspector to inspect the barrier; or\n\n(c) arrangements have been put in place by the owner for building work to be carried out to rectify—\n\n(i) non-compliances of the barrier with the applicable barrier standard listed in a certificate of pool and spa barrier non‑compliance; or\n\n(ii) non-compliances of the barrier with the applicable barrier standard specified in a written notice provided by a swimming pool and spa inspector under regulation 147ZG(1); or\n\n(d) building work being carried out on the land means an inspection of the barrier would not be appropriate; or\n\n(e) a building notice, a building order or an emergency order under Part 8 of the Act has been issued in relation to the swimming pool or spa barrier.\n\n(2) The relevant council may extend the period for provision of a certificate of pool and spa barrier compliance by not more than 6 months at a time.\n\n(3) If the relevant council decides to grant an extension under subregulation (1), the relevant council must give a notice in writing to the owner of the land specifying a new due date for the lodgement of a certificate of pool and spa barrier compliance as soon as practicable after that decision is made.\n\n","sortOrder":175},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Alterations to a registered swimming pool or spa or related barrier","content":"Subdivision 3—Alterations to a registered swimming pool or spa or related barrier\n\nReg. 147ZA inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZA Application of this Subdivision\n\nThis Subdivision applies to any building work that is carried out on a swimming pool barrier or spa barrier for which a building permit is required in relation to a registered swimming pool or registered spa.\n\nReg. 147ZB inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZB Issue of certificate of pool and spa barrier compliance by relevant building surveyor following completion of work\n\n(1) On the completion of the building work, the relevant building surveyor must—\n\n(a) inspect the barrier; and\n\n(b) determine if the barrier complies with the applicable barrier standard.\n\n(2) If, following an inspection under subregulation (1), the relevant building surveyor determines that the barrier complies with the applicable barrier standard, the relevant building surveyor must issue a certificate of pool and spa barrier compliance in the form of Form 23 and give the certificate to the owner of the land on which the swimming pool or spa is located.\n\nReg. 147ZC inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZC Owner must lodge certificate of pool and spa barrier compliance with relevant council following certain work\n\nAn owner given a certificate of pool and spa barrier compliance under regulation 147ZB(2) must lodge the certificate with the relevant council within 14 days after receiving the certificate.\n\nReg. 147ZD inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZD Relevant council must update applicable barrier standard in register\n\nIf a certificate of pool and spa barrier compliance is lodged by an owner under regulation 147ZC and the relevant building surveyor has certified that the barrier complies with the applicable barrier standard in the certificate which differs from the applicable barrier standard specified in the register, the relevant council must update the applicable barrier standard on the register to include the applicable barrier standard referred to in the certificate.\n\nReg. 147ZE inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZE Relevant council must confirm receipt of certificate of pool and spa barrier compliance\n\nFollowing lodgement of a certificate of pool and spa barrier compliance under regulation 147ZC, the relevant council must give a notice in writing to the owner as soon as practicable of—\n\n(a) the lodgement of the certificate of pool and spa barrier compliance; and\n\n(b) the date by which the next certificate of pool and spa barrier compliance is required to be lodged with the relevant council; and\n\n(c) if the applicable barrier standard has been updated in accordance with regulation 147ZD—\n\n(i) that the applicable barrier standard for the pool or spa has been updated; and\n\n(ii) details of the applicable barrier standard that now applies to the swimming pool or spa barrier.\n\nDivision 6—Issuing of certificates of pool and spa barrier non-compliance and related matters\n\nReg. 147ZF inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZF Circumstances in which a certificate of pool and spa barrier non-compliance must be immediately issued\n\nIf following the inspection of a swimming pool or spa barrier, a swimming pool and spa inspector is of the opinion that any of the following circumstances exist, the inspector must immediately issue a certificate of pool and spa barrier non-compliance to the owner of the land on which the pool or spa is located—\n\n(a) within 60 days of the inspection—\n\n(i) the barrier is not capable of being made compliant with the applicable barrier standard; or\n\n(ii) the owner is unlikely to bring the barrier into compliance with the applicable barrier standard;\n\n(b) the non-compliance of the barrier with the applicable barrier standard poses a significant and immediate risk to life or safety;\n\n(c) the barrier does not comply with the applicable barrier standard in any of the following ways—\n\n(i) a door or gate forming part of the barrier, when in the closed position, is able to be opened by a person who is unable to reach the opening mechanism for that door or gate;\n\n(ii) a door or gate forming part of the barrier is unable to be completely closed;\n\n(iii) any part of the barrier is less than 1 metre in height measured above ground level from the approach side.\n\nReg. 147ZG inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZG Procedure if a barrier does not meet the applicable barrier standard\n\n(1) If a swimming pool and spa inspector, inspects a barrier of a swimming pool or spa and determines that the barrier does not meet the applicable barrier standard, and regulation 147ZF does not apply, the inspector must give the owner of the land on which the swimming pool or spa is located a notice in writing in accordance with subregulation (3).\n\n(2) The swimming pool and spa inspector must give the notice under subregulation (1) to the owner as soon as practicable after the inspection of the barrier.\n\n(3) A notice under subregulation (1) must—\n\n(a) state that the barrier must be brought into compliance with the applicable barrier standard; and\n\n(b) specify the matters in respect of which the barrier does not comply with the applicable barrier standard; and\n\n(c) specify the date, being not more than 60 days after the owner receives the notice, by which the matters specified in paragraph (b) must be brought into compliance with the applicable barrier standard; and\n\n(d) specify the date and time that the swimming pool and spa inspector proposes to reinspect the barrier to check if it complies with the applicable barrier standard.\n\n(4) Following the reinspection of the barrier—\n\n(a) if the swimming pool and spa inspector is satisfied that the barrier complies with the applicable barrier standard, the inspector must issue a certificate of pool and spa barrier compliance and give the certificate to the owner; or\n\n(b) if the swimming pool and spa inspector is not satisfied that the barrier complies with the applicable barrier standard, the inspector must—\n\n(i) issue a certificate of pool and spa barrier non-compliance; or\n\n(ii) give the owner a notice under regulation 147ZH(1).\n\n(5) The swimming pool and spa inspector must issue a certificate of pool and spa barrier non-compliance if the inspector is prevented by the owner from undertaking a reinspection of the barrier and the date specified under subregulation (3)(c) in the notice under subregulation (1) has passed.\n\nReg. 147ZH inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZH Further inspection of a non-compliant barrier\n\n(1) On reinspection of a barrier under regulation 147ZG, the swimming pool and spa inspector, if satisfied that progress has been made in bringing the barrier into compliance with the applicable barrier standard, may give a notice in writing to the owner of the land on which the swimming pool or spa is located in accordance with subregulation (2).\n\n(2) Notice under subregulation (1) must—\n\n(a) state that the barrier must be brought into compliance with the applicable barrier standard; and\n\n(b) specify the matters in respect of which the barrier does not comply with the applicable barrier standard; and\n\n(c) specify the date, being not more than 7 days after the owner receives the notice, by which the matters specified in paragraph (b) must be brought into compliance with the applicable barrier standard; and\n\n(d) specify the date and time that the swimming pool and spa inspector proposes to reinspect the barrier to check if it complies with the applicable barrier standard.\n\n(3) The swimming pool and spa inspector must give the notice under subregulation (1) to the owner as soon as practicable after the reinspection of the barrier under regulation 147ZG.\n\n(4) Following the further reinspection of the barrier—\n\n(a) if the swimming pool and spa inspector is satisfied that the barrier complies with the applicable barrier standard, the inspector must issue a certificate of pool and spa barrier compliance and give the certificate to the owner; or\n\n(b) if the swimming pool and spa inspector is not satisfied that the barrier complies with the applicable barrier standard, the inspector must issue a certificate of pool and spa barrier non-compliance.\n\n(5) The swimming pool and spa inspector must issue a certificate of pool and spa barrier non-compliance if the inspector is prevented by the owner from undertaking a further reinspection of the barrier and the date specified under subregulation (2)(c) in the notice under subregulation (1) has passed.\n\nReg. 147ZI inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZI Issuing a certificate of pool and spa barrier non‑compliance under this Division\n\n(1) A certificate of pool and spa barrier non‑compliance issued under this Division must be in the form of Form 24.\n\n(2) If a swimming pool and spa inspector issues a certificate of pool and spa barrier non‑compliance under this Division, the inspector—\n\n(a) must lodge that certificate as soon as practicable with the relevant council; and\n\n(b) must give a copy of the certificate to the owner.\n\nReg. 147ZJ inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZJ Fees for lodging a certificate of pool and spa barrier non-compliance with a relevant council\n\n(1) A fee, determined by the relevant council in accordance with the **Local Government Act 1989**, is payable to the relevant council by the owner of land on which a swimming pool or spa is located for the lodgement of a certificate of pool and spa barrier non-compliance, which relates to the swimming pool or spa barrier, with the relevant council under regulation 147ZI(2)(a).\n\n(2) The maximum fee that a relevant council may determine under subregulation (1) is 26 fee units.\n\n(3) If a certificate of pool and spa barrier non‑compliance is lodged with the relevant council under regulation 147ZI(2)(a), the relevant council must give a notice in writing to the owner of the land on which the swimming pool or spa relating to the barrier is located that states—\n\n(a) the fee determined by the relevant council under subregulation (1); and\n\n(b) that the fee must be paid by the owner within a period of not less than 28 days after the date the notice is received by the owner.\n\n(4) An owner must pay the fee determined under subregulation (1) within the period specified in the notice given under subregulation (3).\n\nReg. 147ZK inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZK Municipal building surveyor may serve a barrier improvement notice on owner\n\n(1) If a certificate of pool and spa barrier non‑compliance for a swimming pool or spa barrier is lodged with a relevant council, the municipal building surveyor may serve a barrier improvement notice in accordance with subregulation (2) on the owner of the land on which the swimming pool or spa is located requiring the owner—\n\n(a) to bring the non-compliant matters listed in the certificate of non-compliance into compliance with the applicable barrier standard; and\n\n(b) to lodge with the relevant council a certificate of pool and spa barrier compliance by a date specified in the notice that is not less than 14 days after the owner receives the notice.\n\n(2) A barrier improvement notice served on an owner under subregulation (1) must be in the form of Form 25.\n\n(3) A municipal building surveyor must not serve a barrier improvement notice on an owner for a swimming pool or spa barrier under this regulation—\n\n(a) if the municipal building surveyor has issued a notice or order under Part 8 of the Act in relation to the barrier; or\n\n(b) if a person has applied for an injunction under Part 13 of the Act in relation to the barrier; or\n\n(c) if a prosecution has commenced against a person in relation to the barrier under Part 13 of the Act.\n\nDivision 7—General\n\nReg. 147ZL inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZL Relevant council's actions following transfer of land containing a registered swimming pool or registered spa\n\n(1) On receipt of a notice of acquisition under the **Local Government Act 1989** that relates to land on which a registered swimming pool or registered spa is located, the relevant council must update the register with details of the name of the new owner of the land as soon as practicable.\n\n(2) The relevant council must give a notice in writing to the new owner of the land of the following matters—\n\n(a) confirmation that their name has been recorded on the register;\n\n(b) the applicable barrier standard that applies to the swimming pool or spa barrier located on the land;\n\n(c) the date by which the next certificate of pool and spa barrier compliance is required to be provided to the relevant council by the new owner.\n\nReg. 147ZM inserted by S.R. No. 116/2019 reg. 11.\n\n\t147ZM Relevant council to provide information from register to the Authority\n\nFor the purposes of section 216D(5) of the Act, on request from the Authority a relevant council must submit the requested information to the Authority in the form approved by the Authority.\n\n","sortOrder":176},{"sectionNumber":"Part 10","sectionType":"part","heading":"Designation of special areas for building work","content":"Part 10—Designation of special areas for building work\n\n","sortOrder":177},{"sectionNumber":"148","sectionType":"section","heading":"Mapping of designated special areas","content":"\t148 Mapping of designated special areas\n\nA council must prepare maps for all designated special areas within its municipal district.\n\n","sortOrder":178},{"sectionNumber":"149","sectionType":"section","heading":"Alteration to and creation of designated special area","content":"\t149 Alteration to and creation of designated special area\n\n(1) If in a municipal district a designated special area is altered or a new designated special area is created a relevant council must, as soon as practicable—\n\n(a) amend the map for the designated special area that has been altered; or\n\n(b) prepare a map of the new designated special area that has been created.\n\n(2) A council must advise the Authority within 7 days if a designated special area within its municipal district is altered or if a new designated special area is created.\n\n(3) The relevant council must lodge with the Authority within 7 days copies of designated special area maps amended or prepared under regulation 148 or subregulation (1).\n\n(4) A council must make an up‑to‑date copy of each designated special area map applicable to its municipal district that has been prepared under regulation 148 or subregulation (1) available to the public for inspection without charge at the offices of the council during normal business hours.\n\n","sortOrder":179},{"sectionNumber":"150","sectionType":"section","heading":"Termite risk areas","content":"\t150 Termite risk areas\n\nA council may designate areas within its municipal district in which buildings are likely to be subject to attack by termites.\n\nReg. 151 amended by S.R. No. 102/2023 reg. 12.\n\n","sortOrder":180},{"sectionNumber":"151","sectionType":"section","heading":"Construction in termite risk areas","content":"\t151 Construction in termite risk areas\n\nDespite anything to the contrary in performance requirement B1P1 of the BCA Volume One and performance requirement H1P1 of the BCA Volume Two—\n\n(a) a primary building element is only required to be protected against attack by termites if it is part of a building being constructed in an area designated under regulation 150; and\n\n(b) a detached Class 10 building is not required to be protected against termite attack.\n\n","sortOrder":181},{"sectionNumber":"152","sectionType":"section","heading":"Significant snowfall areas","content":"\t152 Significant snowfall areas\n\n(1) For the purposes of the BCA, a council may designate areas in its municipal district that in its opinion are likely to be subject to significant snowfalls.\n\nReg. 152(2) amended by S.R. Nos 40/2019 reg. 12(1), 102/2023 reg. 13(1).\n\n(2) The BCA Volume One applies as if in Schedule 1 to that Volume, in the definition of **Alpine area**, after the word \"snowfalls\" there were inserted at the end of paragraph (a) \"as designated by a council under regulation 152(1) of the Building Regulations 2018\".\n\nReg. 152(3) amended by S.R. Nos 40/2019 reg. 12(2), 102/2023 reg. 13(2).\n\n(3) The BCA Volume Two applies as if in Schedule 1 to that Volume, in the definition of **Alpine area**, after the word \"snowfalls\" there were inserted at the end of paragraph (a) \"as designated by a council under regulation 152(1) of the Building Regulations 2018\".\n\n","sortOrder":182},{"sectionNumber":"153","sectionType":"section","heading":"Report and consent for building in areas liable to flooding","content":"\t153 Report and consent for building in areas liable to flooding\n\n(1) This regulation does not apply to—\n\n(a) a Class 10 building; or\n\n(b) an unenclosed floor area of a building; or\n\n(c) an alteration to an existing building if the area of the existing building is not increased by more than 20 m2.\n\n(2) The report and consent of the relevant council must be obtained to an application for a building permit if the site is on an allotment that is in an area liable to flooding.\n\n(3) The report and consent of the relevant council under subregulation (2) need not be obtained to an application for a building permit if⎯\n\n(b) the relevant planning scheme regulates the level of the lowest floor of the building in relation to any flood level declared under the **Water Act 1989** or otherwise determined by the floodplain management authority or the relevant council.\n\n(4) The relevant council must not give its consent under subregulation (2) if it is of the opinion that there is likely to be a danger to the life, health or safety of the occupants of the building due to flooding of the site.\n\n(5) In its report under subregulation (2) the relevant council may specify a level for the surface of the lowest floor of a building on the site.\n\n(6) Before specifying a floor level under subregulation (5) the relevant council must—\n\n(a) consult with the floodplain management authority for that site; and\n\n(b) specify a level at least 300 mm above any flood levels declared under the **Water Act 1989** or otherwise determined by the floodplain management authority, unless the floodplain management authority consents to a lower floor level.\n\n(7) The relevant council must without delay advise the floodplain management authority and the  sewerage authority for that site of the floor level (if any) specified under subregulation (5).\n\n","sortOrder":183},{"sectionNumber":"154","sectionType":"section","heading":"Report and consent for construction on designated land or designated works","content":"\t154 Report and consent for construction on designated land or designated works\n\n(1) The report and consent of the relevant council must be obtained for an application for a building permit for the construction of a building on designated land or  designated works.\n\n(2) The report and consent of the relevant council under subregulation (1) may include recommendations controlling the location and construction of retaining walls and fences in relation to designated land or designated works.\n\n(3) Before giving its consent under subregulation (1), the relevant council must consult with the waterway management authority for the designated land or designated works.\n\n(4) The report and consent of the council need not be obtained to an application for a building permit referred to in subregulation (1) if the consent of the relevant waterway management authority has been obtained as a requirement of a planning permit for the construction of the building.\n\n(5) In this regulation—\n\n***waterway management authority*** in relation to designated land or designated works  means the Authority to which Division 2 of Part 10 of the **Water Act 1989** applies that has the waterway management district (within the meaning of that Act) which contains the designated land or designated works.\n\n","sortOrder":184},{"sectionNumber":"Part 11","sectionType":"part","heading":"Bushfire safety","content":"Part 11—Bushfire safety\n\nDivision 1—Construction in designated bushfire prone areas\n\nReg. 155 revoked by S.R. No. 75/2018 reg. 14.\n\n","sortOrder":185},{"sectionNumber":"156","sectionType":"section","heading":"Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit","content":"\t156 Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit\n\n(1) Despite anything to the contrary in the BCA, if a building is to be constructed in a designated bushfire prone area and the bushfire attack level for the site is specified in a planning scheme applying to that site, the relevant building surveyor must accept that bushfire attack level for the purpose of determining the construction requirements that are applicable to the building.\n\n(2) Despite anything to the contrary in the BCA, if a building is to be constructed in a designated bushfire prone area and⎯\n\n(b) a site assessment for the purpose of determining the bushfire attack level for the site has been considered as part of the application for the planning permit⎯\n\nthe relevant building surveyor must accept that site assessment for the purpose of determining the bushfire attack level of the site and the construction requirements that are applicable to the building.\n\n","sortOrder":186},{"sectionNumber":"157","sectionType":"section","heading":"Relevant building surveyor must accept bushfire attack level of 12·5","content":"\t157 Relevant building surveyor must accept bushfire attack level of 12·5\n\n(1) Despite anything to the contrary in the BCA, the relevant building surveyor must accept that the bushfire attack level is 12·5 when determining the construction requirements that apply to a building if—\n\n(a) the building is to be constructed in a designated bushfire prone area; and\n\n(b) the bushfire attack level for the site—\n\n(i) is determined as LOW by the relevant building surveyor; or\n\n(ii) must be accepted by the relevant building surveyor as LOW under regulation 156.\n\n(2) In this regulation ***building*** means—\n\n(a) a Class 1, 2 or 3 building; or\n\n(b) a Class 10a building that is associated with a Class 1, 2 or 3 building; or\n\n(c) a deck that is associated with a Class 1, 2 or 3 building; or\n\n(d) a specific use bushfire protected building.\n\nRegulation 158 inserts a definition of **Specific use bushfire protected building**  into the BCA Volume One.\n\nReg. 158 amended by S.R. No. 40/2019 reg. 13, revoked by S.R. No. 102/2023 reg. 14.\n\nDivision 2—Requirements for buildings replacing buildings destroyed in the 2009 bushfires\n\n","sortOrder":187},{"sectionNumber":"159","sectionType":"section","heading":"Application of this Division","content":"\t159 Application of this Division\n\nThis Division applies to a Class 1a building on an allotment if—\n\n(a) construction of the building is proposed on the same allotment as a Class 1a building that was destroyed in bushfires between 1 January 2009 and 31 March 2009 (inclusive); and\n\n(b) the allotment is subject to a Bushfire Management Overlay under a planning scheme specified in Schedule 7, which applies to that allotment; and\n\n(c) a planning permit is not required for the construction of the building.\n\n","sortOrder":188},{"sectionNumber":"160","sectionType":"section","heading":"Static water supply for fire fighting purposes","content":"\t160 Static water supply for fire fighting purposes\n\n(1) This regulation does not apply in relation to an allotment if—\n\n(a) the bushfire attack level of the allotment is determined as LOW or 12·5 in accordance with AS 3959; and\n\n(b) there is a fire hydrant connected to a reticulated water supply within 120 m of the rear of the building.\n\n(2) A static water supply for fire fighting purposes (the ***static water supply***) must be provided on the allotment in accordance with this regulation.\n\n(3) The static water supply must be—\n\n(a) used solely for fire fighting purposes; and\n\n(b) able to hold 10 000 litres in onsite static storage located on the allotment; and\n\n(c) located within 60 m of the building; and\n\n(d) situated so as to enable emergency vehicles access to within 4 m of the water supply outlet.\n\n(4) If the static water supply is not able to be readily seen from the building or access driveway, a sign in or to the like effect of the sign illustrated in the diagram at the foot of this subregulation must be located on the allotment so that it is—\n\n(a) easily seen by persons operating emergency vehicles; and\n\n(b) pointing in the direction of the water supply.\n\n**Regulation 160(4): Sign indicating static water supply location**\n\n![09-069]()\n\n(5) All below-ground water pipelines relating to the static water supply must be installed to the depths of—\n\n(a) 300 mm if subject to vehicle traffic; or\n\n(b) 75 mm if under a house or concrete slab; or\n\n(c) 225 mm in all other locations.\n\n(6) All fixed above-ground water pipelines and fittings relating to the static water supply, including the water supply, must be constructed of non-corrosive and non‑combustible materials, or be protected from the effects of radiant heat and flame.\n\n(7) If the static water supply is above ground, the following additional requirements apply—\n\n(a) there must be at least one pipe fitting no less than 64 mm, 3 thread/25 mm × 50 mm nominal bore British Standard Pipe (BSP) round male coupling;\n\n(b) all pipework and valving between the water supply and the water supply outlet must be no less than 50 mm nominal bore;\n\n(c) if the water supply is less than 20 m from the building, each outlet must face away from the building to allow access during emergencies.\n\n","sortOrder":189},{"sectionNumber":"161","sectionType":"section","heading":"Access for emergency vehicles","content":"\t161 Access for emergency vehicles\n\n(1) The driveway to the building must be designed to allow an emergency vehicle access in accordance with this regulation.\n\n(2) The driveway to the building must be designed so that—\n\n(a) any curves in the driveway have a minimum inner radius of 10 m; and\n\n(b) the average grade for the driveway is no more than 1 in 7 (14⋅4%) (8⋅1o) with a maximum of no more than 1 in 5 (20%) (11⋅3o) for no more than 50 m; and\n\n(c) any dips in the driveway have no more than a 1 in 8 (12⋅5%) (7⋅1o) entry and exit angle.\n\n(3) If the driveway from the road to the building or static water supply, including gates, bridges and culverts, is greater than 30 m in length, the driveway must—\n\n(a) be designed, constructed and maintained for a load limit of at least 15 tonnes and be of all‑weather construction; and\n\n(b) provide a minimum trafficable width of 3⋅5 m, and be clear of encroachments to a height of 4 m from the ground.\n\n(4) If the driveway from the road to the building or static water supply is longer than 100 m, a turning area for emergency vehicles close to the building must be provided for by either—\n\n(a) a turning circle with a minimum radius of 8 m; or\n\n(b) the driveway encircling the building; or\n\n(c) a T head or Y head with a minimum forced surface of each leg being 8 m in length measured from the centre point of the head and 4 m trafficable width.\n\nThe following diagrams illustrate aspects of subregulation (4)(c).\n\n**Regulation 161—Y head**\t**Regulation 161—T head**\n\n8m\n\n8m\n\n4m\n\n8m\n\n8m\n\n4m\n\n4m\n\n(5) If the driveway from the road to the building or static water supply is longer than 200 m, passing bays must be provided every 200 m and must—\n\n(a) be 20 m long; and\n\n(b) have a trafficable width of 6 m.\n\n(6) In this regulation ***static water supply*** has the same meaning as in regulation 160.\n\n","sortOrder":190},{"sectionNumber":"162","sectionType":"section","heading":"Report and consent required for non-complying static water supply and access","content":"\t162 Report and consent required for non-complying static water supply and access\n\n(1) The report and consent of the chief officer must be obtained to an application for a building permit to construct a building to which this Division applies if the requirements of regulation 160 or 161 are not proposed to be complied with.\n\n(2) In reporting on and considering whether to consent to a variation of the requirements of regulation 160 or 161 under subregulation (1), the chief officer must take into account whether a satisfactory degree of bushfire safety will be achieved if the variation is consented to.\n\nDivision 3—Private bushfire shelters\n\n","sortOrder":191},{"sectionNumber":"163","sectionType":"section","heading":"Application of this Division","content":"\t163 Application of this Division\n\nThis Division applies to a Class 10c building associated with a Class 1 building.\n\nA Class 10c building is a **Private bushfire shelter** as defined in the BCA Volume One and the BCA Volume Two.\n\n","sortOrder":192},{"sectionNumber":"164","sectionType":"section","heading":"Private bushfire shelter construction requirements","content":"\t164 Private bushfire shelter construction requirements\n\nReg. 164(1) amended by S.R. Nos 40/2019 reg. 14(1), 102/2023 reg. 15(1).\n\n(1) The BCA Volume One applies as if in Schedule 1 to that Volume, in the definition of **Private bushfire shelter**, for \"Class 1a dwelling\" there were substituted  \"Class 1 building\".\n\n(2) The BCA Volume Two applies as if—\n\nReg. 164(2)(a) amended by S.R. Nos 40/2019 reg. 14(2), 102/2023 reg. 15(2).\n\n(a) in Schedule 1 to that Volume, in the definition of **Private bushfire shelter**, for \"Class 1a dwelling\" there were substituted  \"Class 1 building\"; and\n\nReg. 164(2)(b) amended by S.R. Nos 40/2019 reg. 14(3), 102/2023 reg. 15(3).\n\n(b) in clause H7O1(f), for \"Class 1a dwelling\" there were substituted  \"Class 1 building\"; and\n\nReg. 164(2)(c) amended by S.R. Nos 40/2019 reg. 14(4), 102/2023 reg. 15(4).\n\n(c) in performance requirement H7P6(e), for \"associated dwelling\" there were substituted \"associated Class 1 building\"; and\n\nReg. 164(2)(d) amended by S.R. Nos 40/2019 reg. 14(5), 102/2023 reg. 15(5).\n\n(d) in the **Application** at the foot of performance requirement H7P6, after \"Class 10c building\" there were inserted \"associated with a Class 1 building\".\n\nReg. 165 amended by S.R. Nos 40/2019 reg. 15, 102/2023 reg. 16.\n\n","sortOrder":193},{"sectionNumber":"165","sectionType":"section","heading":"Private bushfire shelter performance requirements—performance solutions","content":"\t165  Private bushfire shelter performance requirements—performance solutions\n\nDespite anything to the contrary in the BCA, a relevant building surveyor must not determine that a performance solution complies with performance requirement H7P6 of the BCA Volume Two unless the relevant building surveyor—\n\n(a) relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, that states that the performance solution complies with that performance requirement; or\n\n(b) relies on a determination of the Building Appeals Board under section 160A of the Act that the performance solution complies with that performance requirement; or\n\n(c) relies on a certificate of accreditation issued by the Building Regulations Advisory Committee that states that the performance solution complies with that performance requirement; or\n\n(d) relies on a Certificate of Conformity issued by a person or body duly authorised by the Australian Building Codes Board that states that the performance solution complies with that performance requirement.\n\n","sortOrder":194},{"sectionNumber":"166","sectionType":"section","heading":"Private bushfire shelter maintenance and operation","content":"\t166 Private bushfire shelter maintenance and operation\n\n(1) The occupier of an allotment containing a Class 10c building associated with a Class 1 building must ensure that the Class 10c building is maintained in a state that enables the Class 10c building to fulfil its purpose.\n\n(2) The occupier of an allotment containing a Class 10c building associated with a Class 1 building must ensure that any paths of travel from the Class 1 building to the Class 10c building are maintained in an efficient condition and kept readily accessible, functional and clear of obstruction so that access to the Class 10c building is maintained.\n\nPt 11A (Heading) substituted by S.R. No. 128/2021 reg. 5.\n\nPt 11A (Heading and regs 166A–166H) inserted by S.R. No. 83/2020 reg. 5.\n\n","sortOrder":195},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Emergency provisions","content":"Part 11A—Emergency provisions\n\nPt 11A Div. 1 (Heading and reg. 166AA) inserted by S.R. No. 128/2021 reg. 6.\n\nDivision 1—Definition in this Part\n\nReg. 166AA inserted by S.R. No. 128/2021 reg. 6.\n\n\t166AA Definition of *emergency*\n\nIn this Part—\n\n***emergency***  means a Class 1 emergency or a Class 2 emergency within the meaning of section 3 of the **Emergency Management Act 2013**.\n\nPt 11A Div. 2 (Heading) inserted by S.R. No. 128/2021 reg. 7.\n\nDivision 2—Emergency accommodation buildings\n\nReg. 166A (Heading) amended by S.R. No. 128/2021 reg. 8(1).\n\nReg. 166A inserted by S.R. No. 83/2020 reg. 5, amended by S.R. No. 128/2021 reg. 8(2)(a).\n\n","sortOrder":196},{"sectionNumber":"166A","sectionType":"section","heading":"Definitions in this Division","content":"\t166A Definitions in this Division\n\nReg. 166A def. of *emergency* substituted by S.R. No. 128/2021 reg. 8(2)(b).\n\n***emergency*** means an emergency that occurred before, on or after the commencement of this Part;\n\nReg. 166A def. of *maximum occupation period* amended by S.R. No. 80/2023 reg. 5(a).\n\n***maximum occupation period*** in relation to the occupation of an emergency accommodation building that is not constructed by or on behalf of the State means the period of 3 years commencing after the notified commencement date;\n\nReg. 166A def. of *notified commence-ment date* amended by S.R. No. 80/2023 reg. 5(b).\n\n***notified commencement date*** means the date notified to the relevant council by the intended occupier of an emergency accommodation building under regulation 166C(1) or, if a later date is notified by the intended occupier under regulation 166C(2), that later date;\n\nReg. 166A def. of *occupier* inserted by S.R. No. 80/2023 reg. 5(d).\n\n***occupier***, in relation to an emergency accommodation building, means the owner of the land on which the building is constructed or proposed to be constructed.\n\nReg. 166A def. of *owner* revoked by S.R. No. 80/2023 reg. 5(c).\n\nReg. 166B inserted by S.R. No. 83/2020 reg. 5.\n\n","sortOrder":197},{"sectionNumber":"166B","sectionType":"section","heading":"Meaning of emergency accommodation building","content":"\t166B Meaning of emergency accommodation building\n\nFor the purposes of this Part an ***emergency accommodation building*** means a building that—\n\n(a) is constructed or proposed to be constructed on land on which—\n\n(i) an existing Class 1a building has been destroyed or rendered unfit for occupation as a result of an emergency; and\n\n(ii) at the time the Class 1a building was destroyed or rendered unfit for occupation it was the principal place of residence of the owner of the land; and\n\nThe definition of ***construct*** in section 3 of the Act includes altering an existing building or placing or relocating a building on land so a building constructed elsewhere and placed or relocated on land would be constructed on the land.\n\n(b) is intended for use as the principal place of residence of the owner of the land before or during—\n\n(i) the repair of the existing Class 1a building; or\n\n(ii) the construction of a new Class 1a building on the land; and\n\n(c) has a floor area of—\n\n(i) 60m2 or less; or\n\n(ii) a size greater than 60m2, if that greater size has been approved in writing by the relevant council for the purposes of this regulation.\n\nReg. 166C (Heading) amended by S.R. No. 80/2023 reg. 6(a).\n\nReg. 166C inserted by S.R. No. 83/2020 reg. 5.\n\n","sortOrder":198},{"sectionNumber":"166C","sectionType":"section","heading":"Intended occupier must notify the relevant council of intended occupation of emergency accommodation building","content":"\t166C Intended occupier must notify the relevant council of intended occupation of emergency accommodation building\n\nReg. 166C(1) amended by S.R. No. 80/2023 reg. 6(b).\n\n(1) No later than the day on which the construction of the emergency accommodation building begins or 14 days before the intended occupier of the building intends to occupy the building for residential purposes, whichever is the earlier, the intended occupier must notify the relevant council in writing of—\n\nReg. 166C  \n(1)(a) amended by S.R. No. 80/2023 reg. 6(c)(d).\n\n(a) the intended occupier's intention to commence occupying the building as their principal place of residence; and\n\n(b) the proposed commencement date of that occupation.\n\nReg. 166C(2) amended by S.R. No. 80/2023 reg. 6(b)(d).\n\n(2) If the intended occupier of an emergency accommodation building has not commenced occupying the building as their principal place of residence on the date notified under subregulation (1)(b), the intended occupier may notify the relevant council in writing of a later proposed commencement date of occupation.\n\nReg. 166D inserted by S.R. No. 83/2020 reg. 5.\n\n","sortOrder":199},{"sectionNumber":"166D","sectionType":"section","heading":"Occupation of emergency accommodation building prohibited before notified commencement date","content":"\t166D Occupation of emergency accommodation building prohibited before notified commencement date\n\nA person must not occupy an emergency accommodation building for residential purposes before the notified commencement date in relation to the building.\n\nReg. 166E inserted by S.R. No. 83/2020 reg. 5.\n\n","sortOrder":200},{"sectionNumber":"166E","sectionType":"section","heading":"Municipal building surveyor may inspect emergency accommodation building","content":"\t166E Municipal building surveyor may inspect emergency accommodation building\n\nThe municipal building surveyor may inspect an emergency accommodation building for the purposes of determining whether this Part is being complied with.\n\nReg. 166F inserted by S.R. No. 83/2020 reg. 5.\n\n","sortOrder":201},{"sectionNumber":"166F","sectionType":"section","heading":"Requirements for emergency accommodation buildings","content":"\t166F Requirements for emergency accommodation buildings\n\n(1) Despite anything to the contrary in the BCA Volume Two or these Regulations an emergency accommodation building—\n\n(a) is required to comply with the following requirements—\n\nReg. 166F (1)(a)(i) substituted by S.R. No. 102/2023 reg. 17.\n\n(i) performance requirements H1P1, H1P2, H2P2, H2P3, H3P1, H3P2, H4P1, H4P3 and H7P3 of the BCA Volume Two;\n\n(ii) if the emergency accommodation building forms part of, or is attached to, any other building or buildings, other than an associated Class 10 building, the emergency accommodation building must have elements which will avoid the spread of fire from another building to the emergency accommodation building;\n\n(iii) the building must be connected to a reticulated potable water supply or to an alternative potable water supply;\n\n(iv) the building must be connected to a reticulated electricity supply or to an alternative energy source;\n\n(v) the building must be connected to a reticulated sewerage system or to a septic tank system approved by the relevant council under section 53MB of the **Environment Protection Act 1970**; and\n\nReg. 166F  \n(1)(b) substituted by S.R. No. 80/2023 reg. 7.\n\n(b) must be the principal place of residence of the occupier.\n\n(2) If an emergency accommodation building is not a Class 1a building, the performance requirements set out in subsection (1)(a)(i) apply to the building as if it were a Class 1a building.\n\nDespite regulation 166G, an emergency accommodation building must still comply with any other requirements under the Act or regulations made under the Act including the plumbing laws that apply to the building.\n\nReg. 166G inserted by S.R. No. 83/2020 reg. 5.\n\n","sortOrder":202},{"sectionNumber":"166G","sectionType":"section","heading":"Exemption from certain requirements for emergency accommodation buildings","content":"\t166G Exemption from certain requirements for emergency accommodation buildings\n\nReg. 166G(1) amended by S.R. No. 80/2023 reg. 8(1)(a).\n\n(1) The construction of an emergency accommodation building is exempt from the requirement to obtain a building permit for such construction and the building work connected with that construction and the building is exempt from all Parts of these Regulations (except this Part) if—\n\n(1)(a) amended by S.R. No. 80/2023 reg. 8(1)(b).\n\n(a) the occupier of the building has complied with regulation 166C; and\n\n(b) the building complies with the requirements under regulation 166F.\n\nReg. 166G(1A) inserted by S.R. No. 80/2023 reg. 8(2).\n\n(1A) Despite subregulation (1), an exemption under subregulation (1) ceases to operate—\n\n(a) in the case of an emergency accommodation building that was constructed by or on behalf of the State, in accordance with subregulation (2); and\n\n(b) in the case of an emergency accommodation building that was not constructed by or on behalf of the State—\n\n(i) in accordance with subregulation (2); or\n\n(ii) if subregulation (2) does not apply, at the end of the maximum occupation period.\n\nReg. 166G(2) amended by S.R. No. 80/2023 reg. 8(3)(a)–(c).\n\n(2) An exemption under subregulation (1) in relation to an emergency accommodation building ceases to operate if—\n\n(2)(a) amended by S.R. No. 80/2023 reg. 8(3)(d).\n\n(a) the municipal building surveyor has notified the occupier of the building in accordance with subregulation (3) that the building does not comply with a requirement under regulation 166F(1)(a) and the building has not been brought into compliance with the requirement within the period of time specified in the notice or any extended period of time, in which case the exemption ceases to operate at the end of that period; or\n\n(2)(b) amended by S.R. No. 80/2023 reg. 8(3)(d)(e).\n\n(b) the occupier no longer occupies the building as their principal place of residence, in which case the exemption ceases to operate on the day after such occupation ceases.\n\nReg. 166G(3) amended by S.R. No. 80/2023 reg. 8(4).\n\n(3) If the municipal building surveyor, after inspecting an emergency accommodation building, determines that the building does not comply with a requirement under regulation 166F(1)(a), the municipal building surveyor must give the occupier of the building a written notice containing the following details—\n\n(a) the requirement with which the building does not comply;\n\n(b) the period of time within which the building must be brought into compliance with the requirement;\n\n(c) that if the building is not brought into compliance with regulation 166F(1)(a) within the period of time referred to in paragraph (b) or any extended period of time granted under subregulation (5), the exemption under subregulation (1) ceases to operate in relation to the building at the end of that period.\n\nReg. 166G(4) amended by S.R. No. 80/2023 reg. 8(5).\n\n(4) The occupier of an emergency accommodation building may, before the end of the period of time referred to in subregulation (3)(b) or any extended period of time granted under subregulation (5), request that the municipal building surveyor extends that period of time.\n\nReg. 166G(5) amended by S.R. No. 80/2023 reg. 8(6).\n\n(5) If the municipal building surveyor agrees to grant a request under subregulation (4), the municipal building surveyor must notify the occupier in writing of the extended period of time.\n\nReg. 166H inserted by S.R. No. 83/2020 reg. 5.\n\n","sortOrder":203},{"sectionNumber":"166H","sectionType":"section","heading":"Occupation of emergency accommodation building prohibited unless building complies with the Act and these Regulations","content":"\t166H Occupation of emergency accommodation building prohibited unless building complies with the Act and these Regulations\n\nDespite regulation 233(2), a person must not occupy an emergency accommodation building for residential purposes if an exemption under regulation 166G has ceased to operate in relation to that building unless the building complies with the requirements of the Act and these Regulations that apply to that class of building.\n\nIf the emergency accommodation building is no longer to be used for residential purposes, regulation 229 will apply. If building work is to be carried out in connection with the building a building permit may be required.\n\nPt 11A Div. 3 (Heading and regs 166I–166K) inserted by S.R. No. 128/2021 reg. 9.\n\nDivision 3—Exemption from the building permit levy for emergency recovery\n\nReg. 166I inserted by S.R. No. 128/2021 reg. 9.\n\n","sortOrder":204},{"sectionNumber":"166I","sectionType":"section","heading":"Definition in this Division","content":"\t166I Definition in this Division\n\n***emergency***  means an emergency that occurred on or after 1 November 2019.\n\nReg. 166J inserted by S.R. No. 128/2021 reg. 9.\n\n","sortOrder":205},{"sectionNumber":"166J","sectionType":"section","heading":"Rebuilding of a dwelling destroyed in an emergency exempt from building permit levy","content":"\t166J Rebuilding of a dwelling destroyed in an emergency exempt from building permit levy\n\nAn applicant for a building permit is exempt from the requirement to pay the building permit levy imposed under section 205G(1) and (2) of the Act for building work under  the permit if—\n\n(a)  the building work includes the reconstruction or repair of the applicant's dwelling; and\n\n(b) the dwelling was destroyed or damaged in an emergency; and\n\n(c) the building work is to be carried out—\n\n(i) on the same allotment as the dwelling that was destroyed or damaged; or\n\n(ii) on a different allotment, but within the same municipal district as the dwelling that was destroyed or damaged.\n\nReg. 166K inserted by S.R. No. 128/2021 reg. 9.\n\n","sortOrder":206},{"sectionNumber":"166K","sectionType":"section","heading":"Refund of building permit levy relating to rebuilding of a dwelling destroyed in an emergency","content":"\t166K Refund of building permit levy relating to rebuilding of a dwelling destroyed in an emergency\n\n(1) This regulation applies in respect of an application for a building permit for building work accepted by a relevant building surveyor on or after 1 November 2019 and before the commencement of this Division, if—\n\n(a) the building work includes the reconstruction or repair of the applicant's dwelling; and\n\n(b) the dwelling was destroyed or damaged in an emergency; and\n\n(c) the building work is carried out—\n\n(i)  on the same allotment as the dwelling that was destroyed or damaged; or\n\n(ii)  on a different allotment, but within the same municipal district as the dwelling that was destroyed or damaged.\n\n(2) Any amount of building permit levy imposed under section 205G(1) and (2) of the Act in relation to the building work that is paid by the applicant to the Authority on or after 1 November 2019 and before the commencement of this Division must be refunded by the Authority to the applicant on receiving an application from the applicant for the refund in a form approved by the Authority.\n\nPart 12—Inspections, notices and orders, and register of powers of entry\n\nDivision 1—Inspections and directions\n\n\t167 Prescribed mandatory notification stages for construction or alteration of building\n\nFor the purposes of the definition of ***mandatory notification stage*** in section 3(1) of the Act, in relation to the construction of a new building or alteration to an existing building, the following stages of building work are prescribed—\n\n(a) before placing a footing;\n\n(b) before pouring an in situ reinforced concrete member that is specified in the relevant building permit by the relevant building surveyor;\n\n(c) the completion of framework;\n\n(d) during the carrying out of building work specified in the relevant building permit by the relevant building surveyor for the purposes of any inspection required by regulation 172;\n\n(e) final, on the completion of all building work.\n\n","sortOrder":207},{"sectionNumber":"168","sectionType":"section","heading":"Prescribed mandatory notification stages for demolition or removal of building","content":"\t168 Prescribed mandatory notification stages for demolition or removal of building\n\nFor the purposes of the definition of ***mandatory notification stage*** in section 3(1) of the Act, in relation to the demolition or removal of a building, the following stages of building work are prescribed—\n\n(a) the completion of any precautions required to be taken under regulation 116 or 117;\n\n(b) final, on the completion of all demolition or removal work.\n\n","sortOrder":208},{"sectionNumber":"169","sectionType":"section","heading":"Prescribed mandatory notification stages for construction of swimming pool or spa","content":"\t169 Prescribed mandatory notification stages for construction of swimming pool or spa\n\nFor the purposes of the definition of ***mandatory notification stage*** in section 3(1) of the Act, in relation to the construction of a swimming pool or spa, the following stages of building work are prescribed—\n\n(a) the completion of any excavation related to the installation of the swimming pool or spa;\n\n(b) before pouring any footing or in situ reinforced concrete member that is specified in the relevant building permit by the relevant building surveyor;\n\n(c) the completion of any precautions required to be taken under regulation 116;\n\n(d) final, on the completion of the swimming pool or spa and related safety barrier.\n\n","sortOrder":209},{"sectionNumber":"170","sectionType":"section","heading":"Omission of irrelevant mandatory notification stage","content":"\t170 Omission of irrelevant mandatory notification stage\n\nThe relevant building surveyor may omit a mandatory notification stage set out in regulation 167 for building work if that stage is not relevant to the building work.\n\n","sortOrder":210},{"sectionNumber":"171","sectionType":"section","heading":"Building permit must specify mandatory notification stages","content":"\t171 Building permit must specify mandatory notification stages\n\nThe relevant building surveyor must specify the mandatory notification stages for building work determined under regulations 167, 168, 169 and 170 in the building permit issued for that building work.\n\n","sortOrder":211},{"sectionNumber":"172","sectionType":"section","heading":"Building surveyor must cause fire and smoke resisting building elements to be inspected","content":"\t172 Building surveyor must cause fire and smoke resisting building elements to be inspected\n\n(1) The relevant building surveyor must cause to be inspected the building work relating to the following in each storey of a Class 2, 3, or 4 building—\n\n(a) any building element that is lightweight construction and that is required to resist the spread of fire in at least one sole‑occupancy unit;\n\n(b) one of each stair shaft, lift shaft or service shaft that is lightweight construction and that is required to resist the spread of fire;\n\n(c) the components of any building element referred to in paragraph (a) or (b);\n\n(d) the junctions of any building element referred to in paragraph (a) or (b) with other building elements.\n\n(2) The relevant building surveyor must cause to be inspected at least one of each type of fire protection method for each type of service penetration to any building element that is required to resist the spread of fire or smoke on each storey of a Class 2, 3, 4, 9a or 9c building.\n\n(3) An inspection for the purposes of this regulation must be carried out when the building element is accessible and able to be clearly viewed.\n\n(4) This regulation does not apply in relation to building work carried out under a permit issued before 2 June 2018.\n\n(5) In this regulation ***lightweight construction*** means construction which incorporates or comprises sheet or board material, plaster, render, sprayed application, or other material similarly susceptible to damage by impact, pressure or abrasion.\n\n","sortOrder":212},{"sectionNumber":"173","sectionType":"section","heading":"Record of inspection of building work","content":"\t173 Record of inspection of building work\n\nFor the purposes of section 35A(1) of the Act, a record of an inspection under section 34 or 35 of the Act must contain the following information—\n\n(a) the date and time of the inspection;\n\n(b) the purpose of the inspection;\n\n(c) the building permit number of the permit relating to the building work;\n\n(d) the address of the building or land on which the building work is being carried out;\n\n(e) the name and registration number of the registered building practitioner who carried out the inspection;\n\n(f) the stage of the building work inspected (if applicable);\n\n(g) the outcome of the inspection.\n\n","sortOrder":213},{"sectionNumber":"174","sectionType":"section","heading":"Prescribed persons carrying out inspections","content":"\t174 Prescribed persons carrying out inspections\n\nFor the purposes of section 35B(b) of the Act, the prescribed classes of inspection and the prescribed classes of person are as follows—\n\nReg. 174(a) amended by S.R. No. 73/2021 reg. 11(1).\n\n(a) in the case of an inspection of building work relating to a structural, sewerage, water or drainage matter—a civil engineer;\n\nReg. 174(b) amended by S.R. No. 73/2021 reg. 11(2).\n\n(b) in the case of an inspection of building work relating to a mechanical matter including hydraulic services within a building—a mechanical engineer;\n\nReg. 174(c) amended by S.R. No. 73/2021 reg. 11(3).\n\n(c) in the case of an inspection of building work relating to an electrical matter—a electrical engineer;\n\nReg. 174(d) amended by S.R. Nos 40/2019 reg. 16(1), 73/2021 reg. 11(4).\n\n(d) in the case of an inspection of building work relating to a fire safety matter—a fire safety engineer.\n\nReg. 174(e)(f) revoked by S.R. No. 40/2019 reg. 16(2).\n\n","sortOrder":214},{"sectionNumber":"175","sectionType":"section","heading":"Relevant building surveyor to keep and make available directions to fix building work","content":"\t175 Relevant building surveyor to keep and make available directions to fix building work\n\nThe relevant building surveyor must—\n\n(a) keep a copy of each written direction to fix building work that the relevant building surveyor gives under Division 2 of Part 4 of the Act until the earliest of the following—\n\n(i) an occupancy permit or certificate of final inspection relating to the building work is issued;\n\n(ii) the direction is revoked;\n\n(iii) the direction is quashed or set aside by the Building Appeals Board; and\n\n(b) make copies of directions kept under paragraph (a) available for inspection by any person during office hours.\n\n","sortOrder":215},{"sectionNumber":"176","sectionType":"section","heading":"Person to whom authorised person must give documents under section 37J of the Act","content":"\t176 Person to whom authorised person must give documents under section 37J of the Act\n\nFor the purposes of section 37J of the Act, the relevant building surveyor is a prescribed person to whom an authorised person must give the documents set out in that section.\n\nDivision 2—Notices and orders\n\n","sortOrder":216},{"sectionNumber":"177","sectionType":"section","heading":"Emergency orders","content":"\t177 Emergency orders\n\nFor the purposes of section 105(1) of the Act, an emergency order made under section 102 of the Act must include—\n\n(a) the location of the building, land or place of public entertainment to which the order applies; and\n\n(b) the name of the owner, occupier or builder to whom or which the order is directed; and\n\n(c) the reason or reasons why the order was made; and\n\n(d) the period within which the order must be complied with; and\n\n(e) the date of any inspection of the building, land or place of public entertainment carried out by the municipal building surveyor or relied on by the municipal building surveyor when deciding whether to make the order (if applicable); and\n\n(f) the name and qualifications of any person other than the municipal building surveyor who carries out an inspection referred to in paragraph (e); and\n\n(g) the date of making of the order; and\n\n(h) the name and address of the municipal building surveyor.\n\n","sortOrder":217},{"sectionNumber":"178","sectionType":"section","heading":"Form of emergency orders","content":"\t178 Form of emergency orders\n\nAn emergency order made under section 102 of the Act may be in the form of Form 10.\n\n","sortOrder":218},{"sectionNumber":"179","sectionType":"section","heading":"Building notices","content":"\t179 Building notices\n\nFor the purposes of section 108(2) of the Act, a building notice served under section 106 of the Act must include—\n\n(a) the location of the building or place of public entertainment to which the notice applies; and\n\n(b) the name and address of the owner to whom or which the notice is directed; and\n\n(c) the reason or reasons why the notice was served; and\n\n(d) the date of any inspection of the building, land or place of public entertainment carried out or relied on by the relevant building surveyor when deciding whether to serve the notice (if applicable); and\n\n(e) the name and qualifications of any person other than the relevant building surveyor who carries out an inspection referred to in paragraph (d); and\n\n(f) the date of making of the notice; and\n\n(g) the name and address of the relevant building surveyor.\n\n","sortOrder":219},{"sectionNumber":"180","sectionType":"section","heading":"Form of building notice","content":"\t180 Form of building notice\n\nA building notice served under section 106 of the Act may be in the form of Form 11.\n\n","sortOrder":220},{"sectionNumber":"181","sectionType":"section","heading":"Building orders","content":"\t181 Building orders\n\nFor the purposes of section 114(1)(c) of the Act, a building order made under section 111, 112 or 113 of the Act must include—\n\n(a) the location of the building, land or place of public entertainment to which the order applies; and\n\n(b) the name and address of the person to whom the order is directed; and\n\n(c) the reason or reasons why the order was made; and\n\n(d) the date of any inspection of the building, land or place of public entertainment carried out or relied on by the relevant building surveyor when deciding whether to make the order (if applicable); and\n\n(e) the name and qualifications of any person other than the relevant building surveyor who carries out an inspection referred to in paragraph (d); and\n\n(f) the date of making of the order; and\n\n(g) the name and address of the relevant building surveyor.\n\n","sortOrder":221},{"sectionNumber":"182","sectionType":"section","heading":"Form of building orders","content":"\t182 Form of building orders\n\n(1) A building order made under section 111 may be in the form of Form 12.\n\n(2) A building order made under section 112 of the Act may be in the form of Form 13.\n\n(3) A building order made under section 113 of the Act may be in the form of Form 14.\n\nReg. 182A inserted by S.R. No. 180/2018 reg. 8.\n\n","sortOrder":222},{"sectionNumber":"182A","sectionType":"section","heading":"Additional information in order or notice served in accordance with section 236(4A) of the Act","content":"\t182A Additional information in order or notice served in accordance with section 236(4A) of the Act\n\nFor the purposes of section 236(4B) of the Act, the additional information to be included in the order or notice is—\n\n(a) that the order or notice has been served in accordance with section 236(4A) of the Act; and\n\n(b) a prominent warning that it is an offence under section 236(7) of the Act for a person to remove or deface the order or notice without the prior consent of the relevant building surveyor, the relevant council or the Authority; and\n\n(c) the penalty for committing an offence under section 236(7) of the Act.\n\nDivision 3—Powers of entry\n\n","sortOrder":223},{"sectionNumber":"183","sectionType":"section","heading":"Register of exercise of powers of entry","content":"\t183 Register of exercise of powers of entry\n\n(1) For the purposes of section 230(1), (2) or (3) of the Act, the register of the exercise of powers of entry must include the following information in relation to each power of entry exercised under Subdivision 5 of Division 2 of Part 13 of the Act—\n\n(a) the power of entry exercised;\n\n(b) the date and time of the entry;\n\n(c) the purpose of the entry;\n\n(d) the address of the building or land entered;\n\n(e) the names of the persons and registration numbers of any registered building practitioners involved in the exercise of the power of entry;\n\n(f) a record of any acknowledgement of consent given under section 228G of the Act;\n\n(g) whether consent was withdrawn by the occupier of the building or land at any time;\n\n(h) a description of things done while in or on the building or land;\n\n(i) whether the entry involved the use of a warrant;\n\n(j) a record of any receipt required to be given under section 229A of the Act for a thing seized;\n\n(k) whether a police officer provided assistance under section 229H of the Act;\n\n(l) the time of departure.\n\n(2) For the purposes of section 230(4) of the Act, the register of the exercise of powers of entry must include the following information—\n\n(a) in the case of an entry made under section 228D of the Act, the following—\n\n(i) the date and time of the entry;\n\n(ii) the purpose of the entry;\n\n(iii) the address of the building or land entered;\n\n(iv) the names of the persons and registration numbers of any registered building practitioners involved in the exercise of the power of entry;\n\n(b) in the case of an entry made under section 228J of the Act, the following—\n\n(i) the date and time of the entry;\n\n(ii) the purpose of the entry;\n\n(iii) the address of the building or land entered;\n\n(iv) the names of the persons and registration numbers of any registered building practitioners involved in the exercise of the power of entry;\n\n(v) a description of things done while in or on the building or land;\n\n(vi) a record of any receipt required to be given under section 229A of the Act for a thing seized;\n\n(vii) whether a police officer provided assistance under section 229H of the Act;\n\n(viii) the time of departure.\n\nPart 13—Occupancy permits and certificates of final inspection\n\nDivision 1—General\n\n\t184 Application of Part\n\nSubject to these Regulations, this Part applies to all buildings and places of public entertainment.\n\n","sortOrder":224},{"sectionNumber":"185","sectionType":"section","heading":"Exemptions from occupancy permit","content":"\t185 Exemptions from occupancy permit\n\n(1) For the purposes of section 21(2)(c) of the Act, an occupancy permit is not required—\n\n(a) in respect of building work relating to—\n\n(i) a Class 10 building; or\n\n(ii) an alteration to a Class 1a building; or\n\n(iii) an alteration within a sole‑occupancy unit in a Class 2 or 3 building; or\n\n(b) in respect of building work specified in column 2 of the Table in Schedule 3.\n\n(2) A building specified in column 2 of the Table in Schedule 3 is exempted from the requirement for an occupancy permit in relation to building work carried out on that building.\n\nDivision 2—Applications for occupancy permit\n\n","sortOrder":225},{"sectionNumber":"186","sectionType":"section","heading":"Application for occupancy permit","content":"\t186 Application for occupancy permit\n\n(1) An application for an occupancy permit must be in the form of Form 15.\n\n(2) For the purposes of clause 1(a) and (b) of Schedule 2 to the Act—\n\n(a) the information to be contained in the application is the information that must be set out in Form 15; and\n\n(b) the application must be accompanied by the following documents—\n\n(i) any compliance certificate within the meaning of Part 12A of the Act given for plumbing work carried out in conjunction with the building work in the building to which the application applies;\n\n(ii) any certificate of compliance within the meaning of section 3 of the **Electricity Safety Act 1998** for electrical work carried out in conjunction with the building work in the building or place of public entertainment to which the application applies.\n\n","sortOrder":226},{"sectionNumber":"187","sectionType":"section","heading":"Reporting authorities for occupancy permit","content":"\t187 Reporting authorities for occupancy permit\n\n(1) The report and consent of the chief officer must be obtained in relation to an application for an occupancy permit—\n\n(a) if the chief officer was a reporting authority in relation to the application for the building permit which required the issue of the occupancy permit; or\n\n(b) relating to a building or building work involving the transmission signal of alarms required, under these Regulations or any previous corresponding regulations,  to be connected to a fire station or other alarm monitoring service.\n\n(2) Subject to subregulation (3), the report and consent of the relevant council must be obtained in relation to an application for an occupancy permit relating to—\n\n(a) the installation or alteration of a septic tank system; or\n\n(b) the construction of a building over an existing septic tank system.\n\n(3) The report and consent of the relevant council need not be obtained in relation to an application for an occupancy permit referred to in subregulation (2) if a certificate approving the use of the septic tank system the subject of the application has been issued under section 53MB of the **Environment Protection Act 1970**.\n\n","sortOrder":227},{"sectionNumber":"188","sectionType":"section","heading":"Time limits for application to be given to reporting authority","content":"\t188 Time limits for application to be given to reporting authority\n\nFor the purposes of clause 4(2) of Schedule 2 to the Act, the prescribed time within which the relevant building surveyor must give a copy of an application for an occupancy permit to each reporting authority required to report on or consent to the application is—\n\n(a) in the case of an application relating to a Class 1 building, 3 business days after the relevant building surveyor receives the application; and\n\n(b) in any other case, 5 business days after the relevant building surveyor receives the application.\n\n","sortOrder":228},{"sectionNumber":"189","sectionType":"section","heading":"Time limits relating to the report or consent of reporting authorities","content":"\t189 Time limits relating to the report or consent of reporting authorities\n\nFor the purposes of clause 6(1), (2) and (3) of Schedule 2 to the Act, the prescribed time is—\n\n(a) in the case of an application relating to a Class 1 building, within 5 business days after a reporting authority is given a copy of an application for an occupancy permit by the relevant building surveyor; and\n\n(b) in any other case, within 10 business days after a reporting authority is given a copy of an application for an occupancy permit by the relevant building surveyor.\n\n","sortOrder":229},{"sectionNumber":"190","sectionType":"section","heading":"Time within which relevant building surveyor must decide application for occupancy permit","content":"\t190 Time within which relevant building surveyor must decide application for occupancy permit\n\n(1) For the purposes of sections 43 and 56 of the Act, the relevant building surveyor must decide an application for an occupancy permit—\n\n(a) in the case of a Class 1 building, within 2 business days after the relevant day; and\n\n(b) in any other case, within 5 business days after the relevant day.\n\n(2) In this regulation the ***relevant day*** means the earlier of the following days—\n\n(a) the day on which all reports and consents required to be supplied by reporting authorities in relation to the application are received by the relevant building surveyor;\n\n(b) the day by which the reports and consents referred to in paragraph (a) must be supplied to the relevant building surveyor.\n\n","sortOrder":230},{"sectionNumber":"191","sectionType":"section","heading":"Time within which municipal building surveyor must decide application to amend occupancy permit","content":"\t191 Time within which municipal building surveyor must decide application to amend occupancy permit\n\nThe municipal building surveyor must decide an application to amend an occupancy permit under section 70(1)(a) of the Act—\n\n(a) in the case of a Class 1 building, within 7 business days after the day the application is received by the municipal building surveyor; or\n\n(b) in any other case, within 14 business days after the day the application is received by the municipal building surveyor.\n\nDivision 3—Occupancy permits\n\n","sortOrder":231},{"sectionNumber":"192","sectionType":"section","heading":"Form of occupancy permit","content":"\t192 Form of occupancy permit\n\nAn occupancy permit issued under Part 5 of the Act must be in the form of Form 16.\n\n","sortOrder":232},{"sectionNumber":"193","sectionType":"section","heading":"Relevant building surveyor to provide copy of permit","content":"\t193 Relevant building surveyor to provide copy of permit\n\nThe relevant building surveyor must give a copy of an occupancy permit to the applicant for the occupancy permit within 7 days after issuing the permit.\n\n","sortOrder":233},{"sectionNumber":"194","sectionType":"section","heading":"Occupancy permit must specify essential safety measures and related requirements","content":"\t194 Occupancy permit must specify essential safety measures and related requirements\n\n(1) The relevant building surveyor or the Authority (as the case requires) must ensure that an occupancy permit (including that permit as amended from time to time) issued in relation  \nto a building or place of public entertainment specifies—\n\nReg. 194(1)(a) amended by S.R. No. 40/2019 reg. 17.\n\n(a) all essential safety measures required to be provided for the building or place as part of the building work carried out under the building permit requiring the occupancy permit; and\n\n(b) the level of performance, determined by the relevant building surveyor or the Authority (as the case requires), that each essential safety measure must achieve to fulfil its purpose; and\n\n(c) the frequency and type of inspection, testing and maintenance required for each essential safety measure determined by the relevant building surveyor or the Authority (as the case requires).\n\n(2) In determining matters in subregulation (1)(b) and (c), the relevant building surveyor or the Authority must specify the provision of the building regulations with which the installation and operation of the essential safety measure must comply and which sets out the frequency and type of inspection, testing and maintenance required for the essential safety measure.\n\n***building*** means—\n\n(a) a Class 1b, 2, 3, 5, 6, 7, 8 or 9 building; and\n\n(b) a Class 4 part of a building;\n\n***provision of the building regulations*** has the same meaning as in section 160 of the Act.\n\n(4) This regulation does not apply in relation to a smoke alarm installed in a sole-occupancy unit in a Class 1b or 2 building or a Class 4 part of a building.\n\n","sortOrder":234},{"sectionNumber":"195","sectionType":"section","heading":"Condition on occupancy permit","content":"\t195 Condition on occupancy permit\n\n(1) It is a condition of an occupancy permit that each essential safety measure specified in an occupancy permit under regulation 194 must—\n\n(a) be inspected and tested as specified in the occupancy permit; and\n\n(b) be maintained as specified in the occupancy permit so that each essential safety measure achieves the level of performance specified in the occupancy permit.\n\n(2) If a maintenance determination is made under regulation 215 in relation to a building or place of public entertainment and an occupancy permit applies to the building or place of public entertainment, it is a condition of the occupancy permit that each essential safety measure specified in the maintenance determination must—\n\n(a) be inspected and tested as specified in the maintenance determination; and\n\n(b) be maintained as specified in the maintenance determination so that the essential safety measure achieves the level of performance specified in the maintenance determination.\n\n","sortOrder":235},{"sectionNumber":"196","sectionType":"section","heading":"Compliance with AS 1851—2012 taken to be compliance with earlier standards","content":"\t196 Compliance with AS 1851—2012 taken to be compliance with earlier standards\n\n(1) This regulation applies in relation to an occupancy permit which specifies the frequency and type of inspection, testing and maintenance required for an essential safety measure in a building or place of public entertainment.\n\n(2) Despite sections 40 and 51 of the Act, if an occupancy permit  specifies that the essential safety measure must be maintained in accordance with AS 1851—2005 Maintenance of fire protection systems and equipment published on 5 September 2005, as in force and as issued from time to time, or an equivalent standard published before 5 September 2005, compliance with AS 1851—2012 is taken to be compliance with the frequency and type of inspection, testing and maintenance requirements specified in the occupancy permit (if applicable).\n\n(3) If the owner of the building or place of public entertainment, in accordance with subregulation (2), complies with AS 1851—2012 in relation to the essential safety measure, instead of the frequency and type of inspection, testing and maintenance required for the essential safety measure specified in the  occupancy permit, the owner must continue to comply with AS 1851—2012 in relation to the essential safety measure.\n\nDivision 4—Display and inspection requirements for occupancy permits\n\n","sortOrder":236},{"sectionNumber":"197","sectionType":"section","heading":"Display of occupancy permit at approved location","content":"\t197 Display of occupancy permit at approved location\n\n(1) This regulation applies to—\n\n(a) Class 1b, 2, 3, 5, 6, 7 and 8 buildings constructed on or after 1 July 1994; and\n\n(b) Class 9 buildings; and\n\n(c) places of public entertainment.\n\n(2) An owner of a building or place of public entertainment must ensure that a copy of any current occupancy permit in relation to that building or place is displayed and kept displayed at an approved location within the building or place.\n\n","sortOrder":237},{"sectionNumber":"198","sectionType":"section","heading":"Approved location for display of permit","content":"\t198 Approved location for display of permit\n\n(1) Subject to subregulation (3), the relevant building surveyor must ensure that a location approved within a building for the purposes of  regulation  197 is in a prominent position and is accessible to the occupants of the building.\n\n(2) The relevant building surveyor must ensure that a location approved within a place of public entertainment for the purposes of  regulation 197 is in a prominent position and is accessible to the public.\n\n(3) In a building of a class of building referred to in regulation 281, the location approved for the purposes of regulation 197 may be in an area to which access is available only with the authorisation of the owner of the building.\n\n","sortOrder":238},{"sectionNumber":"199","sectionType":"section","heading":"Owner to make permit available for inspection","content":"\t199 Owner to make permit available for inspection\n\n(1) This regulation applies to—\n\n(a) Class 1b, 2, 3, 5, 6, 7 and 8 buildings constructed on or after 1 July 1994; and\n\n(b) Class 9 buildings; and\n\n(c) places of public entertainment.\n\n(2) An owner of a building or place of public entertainment must ensure that a copy of any current occupancy permit is available at that building or place for inspection by the municipal building surveyor or chief officer at any time on request.\n\nDivision 5—Certificates of final inspection\n\n","sortOrder":239},{"sectionNumber":"200","sectionType":"section","heading":"Form of certificate of final inspection","content":"\t200 Form of certificate of final inspection\n\nA certificate of final inspection must be in the form of Form 17.\n\n","sortOrder":240},{"sectionNumber":"201","sectionType":"section","heading":"Relevant building surveyor to notify chief officer of issue of certificates of final inspection","content":"\t201 Relevant building surveyor to notify chief officer of issue of certificates of final inspection\n\n(1) If a certificate of final inspection is issued in relation to a building or building work involving the transmission signal of an alarm required, under these Regulations or any previous corresponding regulations, to be connected to a fire station or other alarm monitoring service, the relevant building surveyor must notify the chief officer within 10 days after issuing the certificate that—\n\n(a) the certificate has been issued; and\n\n(b) the required connection has been made.\n\n(2) If a certificate of final inspection is issued and the chief officer was a reporting authority in relation to the application for the relevant building permit, the relevant building surveyor must notify the chief officer of the issue of the certificate within 10 days after issuing the certificate.\n\nDivision 6—Records\n\n","sortOrder":241},{"sectionNumber":"202","sectionType":"section","heading":"Keeping of occupancy permit records","content":"\t202 Keeping of occupancy permit records\n\n(1) For the purposes of section 75 of the Act, a council must keep the documents relating to occupancy permits in any manner specified by the Keeper of Public Records until—\n\n(a) the building in relation to which the permit is given is demolished or removed from the allotment; or\n\n(b) the occupancy permit is cancelled.\n\n(2) For the purposes of section 75 of the Act, a council must keep documents relating to a temporary approval for 3 years after the earlier of the following—\n\n(a) the end of the period for which the temporary approval applies;\n\n(b) the temporary approval is cancelled.\n\n","sortOrder":242},{"sectionNumber":"203","sectionType":"section","heading":"Documents to be given to council","content":"\t203 Documents to be given to council\n\nThe following documents are prescribed for the purposes of section 73(1A) of the Act—\n\nReg. 203(a) amended by S.R. No. 75/2018 reg. 13(1).\n\nReg. 203(b) amended by S.R. No. 75/2018 reg. 13(2).\n\n(b) a notice given to the relevant building surveyor under section 25AB(2) of the Act;\n\nReg. 203(c) revoked by S.R. No. 75/2018 reg. 13(3).\n\n(d) a record of inspection of building work made under section 35A(1) of the Act;\n\n(e) a determination made by the relevant building surveyor under regulation 111(3);\n\n(f) a notice served on the relevant building surveyor under section 84(1) of the Act;\n\n(g) a notice given to the relevant building surveyor under section 85(1) of the Act;\n\n(h) a determination of the relevant building surveyor under section 87(1) of the Act;\n\n(i) a determination or order of the Building Appeals Board;\n\n(j) a determination of the relevant building surveyor that a performance solution complies with a performance requirement of the BCA together with any computations or reports relied on by the relevant building surveyor in making the determination;\n\n(k) a determination of the municipal building surveyor or a private building surveyor exercising the functions of a municipal building surveyor under regulation 64(1);\n\n(l) a document setting out any requirement of the relevant building surveyor under regulation 116 to take precautions to protect the safety of the public;\n\n(m) any test carried out in accordance with regulation 120(1);\n\n(n) a complete record of pile-driving operations under regulation 127;\n\n(o) a report and consent of a reporting authority referred to in regulation 187;\n\n(p) any exemption from, or consent to partial compliance with, certain requirements of these Regulations relating to a building or building work that has been given by the municipal building surveyor or a private building surveyor exercising the functions of a municipal building surveyor under regulation 229(2) or 231(2) or by the relevant building surveyor under regulation 233(3) or 234(2);\n\n(q) any document required by the relevant building surveyor under clause 2(1) of Schedule 2 to the Act.\n\n","sortOrder":243},{"sectionNumber":"204","sectionType":"section","heading":"Prescribed time to give council other documents","content":"\t204 Prescribed time to give council other documents\n\nFor the purposes of section 73(1A) of the Act, the prescribed time is 7 days after the issue or amendment of the occupancy permit or temporary approval (as the case requires).\n\n","sortOrder":244},{"sectionNumber":"205","sectionType":"section","heading":"Information to be supplied to council","content":"\t205 Information to be supplied to council\n\nIn addition to the requirements of section 73 of the Act, the relevant building surveyor must within 7 days—\n\n(a) after issuing a certificate of final inspection, give to the relevant council a copy of the certificate; and\n\n(b) after issuing an occupancy permit or a certificate of final inspection, give to the relevant council the approved dates of the inspections carried out of the mandatory notification stages of building work carried out on the building or land.\n\n","sortOrder":245},{"sectionNumber":"Part 14","sectionType":"part","heading":"Places of public entertainment","content":"Part 14—Places of public entertainment\n\n","sortOrder":246},{"sectionNumber":"206","sectionType":"section","heading":"Prescribed classes of buildings or places","content":"\t206 Prescribed classes of buildings or places\n\n(1) For the purposes of the definition of ***place of public entertainment*** in section 3(1) of the Act—\n\n(a) the following are prescribed classes of buildings—\n\n(i) Class 9b buildings with an area greater than 500 m2;\n\n(ii) prescribed temporary structures; and\n\n(b) places with an area greater than 500 m2 are a prescribed class of places unless—\n\n(i) the place is used for the purposes of conducting an event or activity which is organised and controlled by a community-based organisation; and\n\n(ii) the number of persons in the place at any one time during the event or activity does not exceed 5000.\n\nExample to reg. 206(1)(b) amended by S.R. No. 180/2018 reg. 9.\n\n**Example**\n\nA place used for a public market conducted by a Rotary club would not fall within the class of places prescribed under paragraph (b) if the number of persons in the place at any one time did not exceed 5000.\n\n(2) For the purposes of this regulation ***community-based organisation*** means a body, whether or not it is a corporate body, that—\n\n(a) is not established primarily for the purposes of profit or gain; and\n\n(b) does not distribute any part of any profit or gain made in the conduct of its activities to any member of the organisation; and\n\n(c) operates in a community wholly for—\n\n(i) a philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity; or\n\n(ii) any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association.\n\n","sortOrder":247},{"sectionNumber":"207","sectionType":"section","heading":"Prescribed temporary structures","content":"\t207 Prescribed temporary structures\n\nFor the purposes of the definition of ***prescribed temporary structure*** in section 3(1) of the Act, the following are prescribed classes of temporary structures, if those structures do not form part of a building other than a temporary structure or temporary building—\n\n(a) tents, marquees or booths with a floor area greater than 100 m2;\n\n(b) seating stands for more than 20 persons;\n\n(c) stages or platforms (including sky borders and stage wings) exceeding 150 m2 in floor area;\n\n(d) prefabricated buildings with an area exceeding 100 m2 and that are not placed directly on the ground surface.\n\n","sortOrder":248},{"sectionNumber":"208","sectionType":"section","heading":"Exemption from permit for temporary structures","content":"\t208 Exemption from permit for temporary structures\n\n(1) For the purposes of section 16(6) of the Act, building work is exempted to the extent it relates to a temporary structure prescribed by regulation 207.\n\n(2) A temporary structure prescribed by regulation 207 is exempt from these Regulations, other than regulations 210 and 212.\n\nIf a prescribed temporary structure is used for the purpose of providing public entertainment it must have an occupancy permit under Division 2 of Part 5 of the Act and meet the requirements of the Authority under that permit.\n\nReg. 209 amended by S.R. No. 40/2019 reg. 18.\n\n","sortOrder":249},{"sectionNumber":"209","sectionType":"section","heading":"Prescribed place of public entertainment","content":"\t209 Prescribed place of public entertainment\n\nFor the purposes of section 53(2) of the Act, the sportsgrounds and spectator stands known as Kardinia Park, Geelong, is a prescribed place of public entertainment.\n\n","sortOrder":250},{"sectionNumber":"210","sectionType":"section","heading":"Conditions on occupancy permits","content":"\t210 Conditions on occupancy permits\n\nWithout limiting the conditions to which an occupancy permit may be subject, an occupancy permit for a place of public entertainment may be issued subject to conditions relating to—\n\n(a) the engagement of safety officers to  \nbe in attendance at the place of public entertainment to provide for the safety of the public; and\n\n(b) the safety training qualifications that must be held by any person engaged as a safety officer; and\n\n(c) the responsibilities of a safety officer, including—\n\n(i) the operation of fire safety elements, equipment and systems; and\n\n(ii) the establishment and operation of evacuation procedures; and\n\n(iii) the safety of barriers and exits; and\n\n(iv) the control of the use of naked flame in theatrical productions; and\n\n(d) the exclusion of the public from unsafe areas; and\n\n(e) the keeping, testing and storage of flammable material or explosive items and equipment in a safe manner, to the extent that this is not required by any other Act or regulations; and\n\n(f) the ignition of fireworks and the discharge of pistols or other shooting devices in a safe and responsible manner, to the extent that this is not required by any other Act or regulations; and\n\n(g) the location and designation of passageways and exits; and\n\n(h) the availability of public toilet facilities and the condition of those facilities.\n\n","sortOrder":251},{"sectionNumber":"211","sectionType":"section","heading":"Safety officer qualifications","content":"\t211 Safety officer qualifications\n\n(1) For the purposes of regulation 210(b), the Authority or the chief officer may publish a list of safety training qualifications that may be held by a person engaged as a safety officer on the website of the Authority or the chief officer.\n\n(2) The relevant building surveyor must have regard to the qualifications published under subregulation (1) when determining the safety training qualifications that must be held by a person engaged as a safety officer for the purposes of complying with a condition imposed under regulation 210.\n\n","sortOrder":252},{"sectionNumber":"212","sectionType":"section","heading":"Structural design of prescribed temporary structures","content":"\t212 Structural design of prescribed temporary structures\n\nPrescribed temporary structures must be designed in accordance with engineering principles to provide for their structural safety and the safety of the public and other persons using them.\n\nPart 15—Maintenance of buildings and places of public entertainment\n\nDivision 1—Maintenance of essential safety measures\n\nSubdivision 1—General\n\n\t213 Application of this Division\n\n(1) Subject to subregulation (2), this Division applies to—\n\n(a) a Class 1b, 2, 3, 5, 6, 7, 8 or 9 building; and\n\n(b) a Class 4 part of a building; and\n\n(c) a place of public entertainment.\n\n(2) This Division does not apply to a smoke alarm installed in a sole-occupancy unit in a Class 1b or 2 building or a Class 4 part of a building.\n\n","sortOrder":253},{"sectionNumber":"214","sectionType":"section","heading":"Definitions in this Division","content":"\t214 Definitions in this Division\n\n***essential safety measure*** means—\n\n(a) a safety measure specified in column 2 of the table in each Part of Schedule 8 that is required by or under the Act or these Regulations to be provided in relation to a building or place of public entertainment; or\n\n(b) any other item that is required by or under the Act or these Regulations to be provided in relation to a building or place of public entertainment for the safety of persons in the event of fire and that is designated by the relevant building surveyor as an essential safety measure; or\n\n(c) any other item that is an essential safety measure within the meaning of regulation 1202 of the Building Interim Regulations 2017 as in force immediately before its revocation; or\n\n(d) any other measure (including an item of equipment, form of construction or safety strategy) required for the safety of persons using a building or place of public entertainment required to be provided in relation to that building or place by or under the Act, or any previous corresponding Act, before 1 July 1994;\n\n***maintenance determination*** means—\n\n(a) a determination made by a relevant building surveyor under regulation 215; or\n\n(b) a maintenance determination within the meaning of regulation 1202 of the Building Interim Regulations 2017 as in force immediately before its revocation;\n\n***maintenance schedule*** means—\n\n(a) a maintenance schedule prepared by the municipal building surveyor or a private building surveyor that complies with regulation 222; or\n\n(b) a maintenance schedule within the meaning of regulation 1202 of the Building Interim Regulations 2017 as in force immediately before its revocation.\n\nSubdivision 2—Maintenance determinations\n\n","sortOrder":254},{"sectionNumber":"215","sectionType":"section","heading":"Maintenance determinations for essential safety measures in buildings and places of public entertainment","content":"\t215 Maintenance determinations for essential safety measures in buildings and places of public entertainment\n\n(1) This regulation applies if an essential safety measure is required to be provided or altered in a building or place of public entertainment by—\n\n(a) a building permit that does not require an occupancy permit; or\n\n(b) an emergency order or a building order under Part 8 of the Act.\n\n(2) The relevant building surveyor must determine and specify in the determination the following—\n\n(a) the essential safety measure that is the subject of the determination;\n\n(b) the level of performance that the essential safety measure must achieve to fulfil its purpose;\n\n(c) the frequency and type of inspection, testing and maintenance required for the essential safety measure.\n\n(3) A determination under subregulation (2) must—\n\n(a) be in writing in the form approved by the Authority; and\n\n(b) be given to the owner of the building or place of public entertainment—\n\n(i) with the certificate of final inspection, if the essential safety measure is required under a building permit; or\n\n(ii) without delay after it is made, if the essential safety measure is required under an emergency order or a building order under Part 8 of the Act; and\n\n(c) be given to the relevant council with a report under section 120(2)(a) of the Act, if the essential safety measure is required under an emergency order or a building order under Part 8 of the Act.\n\n","sortOrder":255},{"sectionNumber":"216","sectionType":"section","heading":"Owner must comply with maintenance determination","content":"\t216 Owner must comply with maintenance determination\n\n(1) This regulation applies if a maintenance determination is issued in relation to a building or place of public entertainment to which an occupancy permit does not apply.\n\n(2) The owner of the building or place of public entertainment must ensure that each essential safety measure that is the subject of a maintenance determination in relation to that building or place—\n\n(a) performs at the level to fulfil its purpose specified in the maintenance determination; and\n\n(b) is inspected, tested and maintained in accordance with the requirements specified in the maintenance determination.\n\n","sortOrder":256},{"sectionNumber":"217","sectionType":"section","heading":"Compliance with AS 1851—2012 taken to be compliance with earlier standards","content":"\t217 Compliance with AS 1851—2012 taken to be compliance with earlier standards\n\n(1) This regulation applies in relation to a maintenance determination that specifies the frequency and type of inspection, testing and maintenance required for an essential safety measure in a building or place of public entertainment.\n\n(2) Despite regulation 216, if a maintenance determination specifies that the essential safety measure must be maintained in accordance with AS 1851—2005 Maintenance of fire protection systems and equipment published on 5 September 2005, as in force and as issued from time to time, or an equivalent standard published before 5 September 2005, compliance with AS 1851—2012 is taken to be compliance with the frequency and type of inspection, testing and maintenance requirements specified in the maintenance determination (if applicable).\n\n(3) If the owner of the building or place of public entertainment, in accordance with subregulation (2), complies with AS 1851—2012 in relation to the essential safety measure, instead of the frequency and type of inspection, testing and maintenance required for the essential safety measure specified in the maintenance determination, the owner must continue to comply with AS 1851—2012 in relation to the essential safety measure.\n\nSubdivision 3—Maintenance schedules\n\n\t218 Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment\n\nReg. 218(1) amended by S.R. No. 180/2018 reg. 10(1).\n\n(1) This regulation applies if an essential safety measure is specified in relation to a building or place of public entertainment in—\n\nReg. 218(1)(a) substituted by S.R. No. 180/2018 reg. 10(2).\n\n(a) an occupancy permit under regulation 194; or\n\n(b) a maintenance determination under regulation 215.\n\n(2) The relevant building surveyor must prepare or update a maintenance schedule so that it complies with regulation 222 in relation to the building or place of public entertainment.\n\n(3) The owner of a building or place of public entertainment must provide to the relevant building surveyor who must prepare or update a maintenance schedule under subregulation (2) relating to that building or place all the documents referred to in regulation 225 that relate to essential safety measures in the building or place within 7 days after a request of the relevant building surveyor to provide those documents.\n\n","sortOrder":257},{"sectionNumber":"219","sectionType":"section","heading":"Owner of building or place of public entertainment may apply for maintenance schedule","content":"\t219 Owner of building or place of public entertainment may apply for maintenance schedule\n\n(1) The owner of a building or place of public entertainment may apply to the municipal building surveyor or a private building surveyor to request the municipal building surveyor or private building surveyor to prepare a maintenance schedule that complies with regulation 222 in relation to the building or place.\n\nReg. 219(2) amended by S.R. No. 40/2019 reg. 19.\n\n(2) If the municipal building surveyor or a private building surveyor agrees to prepare a maintenance schedule that complies with regulation 222 in relation to a building or place of public entertainment, the owner of the building or place must provide to the municipal building surveyor or private building surveyor all documents referred to in regulation 225 relating to essential safety measures for the building or place.\n\n","sortOrder":258},{"sectionNumber":"220","sectionType":"section","heading":"Building surveyor may prepare maintenance schedule","content":"\t220 Building surveyor may prepare maintenance schedule\n\nThe municipal building surveyor or a private building surveyor may prepare a maintenance schedule in relation to a building or place of public entertainment that complies with regulation 222 if the owner of the building or place has applied in accordance with regulation 219 to the municipal building surveyor or private building surveyor for such a maintenance schedule to be prepared.\n\n","sortOrder":259},{"sectionNumber":"221","sectionType":"section","heading":"Building surveyor must give owner copy of maintenance schedule","content":"\t221 Building surveyor must give owner copy of maintenance schedule\n\nThe municipal building surveyor or private building surveyor who prepares or updates a maintenance schedule in relation to a building or place of public entertainment under regulation 218 or 220 must give a copy of the maintenance schedule to the owner of the building or place without delay.\n\n","sortOrder":260},{"sectionNumber":"222","sectionType":"section","heading":"Maintenance schedules","content":"\t222 Maintenance schedules\n\nReg. 222(1) substituted by S.R. No. 180/2018 reg. 11.\n\n(1) For the purposes of regulation 218, a maintenance schedule must list all essential safety measures specified in an occupancy permit or a maintenance determination relating to a building or a place of public entertainment and the maintenance requirements for those essential safety measures.\n\nReg. 222(2) substituted by S.R. No. 40/2019 reg. 20.\n\n(2) For the purposes of regulation 220, a maintenance schedule must list—\n\n(a) all essential safety measures required to be provided for a building or place of public entertainment constructed before 1 July 1994 by or under the Act or these Regulations or any previous corresponding Act or regulations; and\n\n(b) all essential safety measures specified in an occupancy permit or maintenance determination that relates to a building or place of public entertainment and the maintenance requirements specified in the occupancy permit or maintenance determination.\n\n(3) The essential safety measures and related maintenance requirements must be listed in chronological order according to the date on which each essential safety measure was required to be provided by or under the Act or these Regulations or any previous corresponding Act or regulations.\n\n(4) A maintenance schedule under this regulation must be prepared in a form approved by the Authority.\n\n(5) In this regulation ***maintenance requirements*** in relation to an essential safety measure consist of—\n\n(a) the level of performance that the essential safety measure must achieve to fulfil its purpose; and\n\n(b) the frequency and type of inspection, testing and maintenance required for the essential safety measure.\n\n","sortOrder":261},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Reporting and records","content":"Subdivision 4—Reporting and records\n\n","sortOrder":262},{"sectionNumber":"223","sectionType":"section","heading":"Owner must prepare annual essential safety measures report","content":"\t223 Owner must prepare annual essential safety measures report\n\nReg. 223(1) amended by S.R. No. 40/2019 reg. 21(1).\n\n(1) The owner of a building or place of public entertainment in respect of which an essential safety measure is required to be provided for the building or place by an occupancy permit or a maintenance determination must ensure that an annual essential safety measures report is prepared in accordance with regulation 224 within 28 days before  each anniversary of the relevant anniversary date.\n\nReg. 223(2) amended by S.R. No. 40/2019 reg. 21(1).\n\n(2) The owner of a building or place of public entertainment that was constructed before 1 July 1994, in respect of which an essential safety measure was required to be provided for the building or place by the Act or these Regulations or any previous corresponding Act or regulations, must ensure that an annual essential safety measures report is prepared in accordance with regulation 224 within 28 days before  13 June 2018 and each anniversary of that date.\n\n(3) Subregulation (2) does not apply in relation to any essential safety measure in respect of which an annual report is required to be prepared under subregulation (1).\n\nReg. 223(4) def. of *anniversary date* amended by S.R. No. 40/2019 reg. 21(2).\n\n***anniversary date*** means the earlier of the following dates—\n\n(a) the date of issue of the first occupancy permit or amendment to an occupancy permit that required that an essential safety measure be provided for the building or place of public entertainment;\n\n(b) the date of making of the first maintenance determination which required that an essential safety measure be provided for the building or place of public entertainment.\n\n","sortOrder":263},{"sectionNumber":"224","sectionType":"section","heading":"Contents and form of annual essential safety measures report","content":"\t224 Contents and form of annual essential safety measures report\n\nFor the purposes of regulation 223, the annual essential safety measures report for a building or place of public entertainment must—\n\n(a) be in a form approved by the Authority; and\n\n(b) be signed by the owner of the building or place; and\n\n(c) state the address of the building or place; and\n\nReg. 224(d) amended by S.R. No. 40/2019 reg. 22(1).\n\n(d) include the details of any inspection report made under section 227E of the Act in relation to an essential safety measure for the building or place; and\n\nReg. 224(e) amended by S.R. No. 40/2019 reg. 22(2).\n\n(e) if applicable, state that the owner of the building or place, in accordance with regulation 196 or 217, is complying with AS 1851—2012 in relation to an essential safety measure required to be provided for the building or place, instead of the frequency and type of inspection, testing and maintenance required for the essential safety measure specified in the relevant occupancy permit or the maintenance determination (as the case requires); and\n\nReg. 224(f) amended by S.R. No. 40/2019 reg. 22(1).\n\n(f) state that the owner has taken all reasonable steps to ensure that each essential safety measure for the building or place—\n\n(i) is operating and has been maintained in a state that enables the essential safety measure to fulfil its purpose; and\n\n(ii) has been inspected, tested and maintained in accordance with the Act and these Regulations.\n\n","sortOrder":264},{"sectionNumber":"225","sectionType":"section","heading":"Records relating to essential safety measures must be made available","content":"\t225 Records relating to essential safety measures must be made available\n\nAn owner of a building or place of public entertainment must ensure that the following documents relating to the building or place are available for inspection at that building or place within 24 hours after a request by the municipal building surveyor or chief officer to inspect the documents—\n\n(a) all annual essential safety measures reports prepared under these Regulations, or any previous corresponding regulations, within 10 years before the request; and\n\nReg. 225(b) amended by S.R. No. 40/2019 reg. 23.\n\n(b) all maintenance schedules in relation to the essential safety measures for the building or place; and\n\nReg. 225(c) amended by S.R. No. 40/2019 reg. 23.\n\n(c) all maintenance determinations requiring an essential safety measure to be provided for the building or place; and\n\nReg. 225(d) amended by S.R. No. 40/2019 reg. 23.\n\n(d) the records of all inspections, testing and maintenance (including repairs) of any essential safety measure for the building or place.\n\n","sortOrder":265},{"sectionNumber":"226","sectionType":"section","heading":"Maintenance responsibility of owner of building or place of public entertainment","content":"\t226 Maintenance responsibility of owner of building or place of public entertainment\n\n(1) The owner of a building or place of public entertainment must ensure that any essential safety measure required to be provided in relation to the building or place by or under the Act or any previous corresponding Act is maintained in a state which enables the essential safety measure to fulfil its purpose.\n\n(2) An owner of a building or place of public entertainment does not commit an offence under subregulation (1) if—\n\n(a) the essential safety measure is subject to a maintenance determination; or\n\n(b) the building or place is subject to an occupancy permit which imposes a condition on the occupier to maintain the essential safety measure and the owner occupies the building or place.\n\n","sortOrder":266},{"sectionNumber":"227","sectionType":"section","heading":"Essential safety measures not to be removed from approved locations","content":"\t227 Essential safety measures not to be removed from approved locations\n\nThe owner of a building or place of public entertainment must ensure that any essential safety measure required to be provided in relation to the building or place by or under this Act or any previous corresponding Act is not removed from its approved location except for the purpose of inspection or testing of, or the carrying out of maintenance on, that essential safety measure.\n\nDivision 2—Maintenance of exits and paths of travel relating to buildings or places of public entertainment\n\n","sortOrder":267},{"sectionNumber":"228","sectionType":"section","heading":"Maintenance of exits and paths of travel by occupiers of buildings or places of public entertainment","content":"\t228 Maintenance of exits and paths of travel by occupiers of buildings or places of public entertainment\n\nThe occupier of a Class 1b, 2, 3, 5, 6, 7, 8 or 9 building or place of public entertainment must ensure that—\n\n(a) all exits in the building or place; and\n\n(b) any paths of travel to exits in the building or place; and\n\n(c) any paths of travel on the allotment from exits in the building or place to a road—\n\nrequired to be provided in relation to that building or place are kept readily accessible, functional and clear of obstructions so that egress from the building or place is maintained.\n\nPart 16—Existing buildings\n\nDivision 1—Change of use of existing buildings\n\n\t229 Change of use\n\n(1) A person must not change the use of a building or place of public entertainment unless the building or place of public entertainment complies with the requirements of these Regulations applicable to the new use.\n\n(2) Despite subregulation (1), the municipal building surveyor may exempt a building or place of public entertainment from compliance with any of these Regulations applicable to the new use.\n\n(3) In deciding whether to grant an exemption under subregulation (2) the municipal building surveyor must take into account—\n\n(a) the structural adequacy of the building or place of public entertainment; and\n\n(i) the amenity of the building or place and the safety and health of people using the building or place; and\n\n(4) An exemption granted under subregulation (2) must be in the form of Form 18.\n\n(5) This regulation applies in addition to any other requirements in the Act or these Regulations that apply because of the change of use of a building or place of public entertainment.\n\n","sortOrder":268},{"sectionNumber":"230","sectionType":"section","heading":"Private building surveyor may exercise functions of municipal building surveyor under regulation 229","content":"\t230 Private building surveyor may exercise functions of municipal building surveyor under regulation 229\n\nA private building surveyor may exercise the functions of the municipal building surveyor under regulation 229 in the case of a building or place of public entertainment for which the private building surveyor has been appointed to issue an occupancy permit.\n\nDivision 2—Subdivision of existing buildings\n\n","sortOrder":269},{"sectionNumber":"231","sectionType":"section","heading":"Subdivision of existing building","content":"\t231 Subdivision of existing building\n\n(1) Subject to regulation 233, if an existing building, whenever constructed, is subdivided, each building resulting from the subdivision must be brought into conformity with these Regulations.\n\n(2) Despite subregulation (1), the municipal building surveyor may exempt a building from all or any of the requirements of subregulation (1).\n\n(3) In deciding whether to grant an exemption under subregulation (2) the municipal building surveyor must take into account—\n\n(a) the structural adequacy of any building to which the exemption applies; and\n\n(i) the amenity of any building and the safety and health of people using any building to which the exemption applies; and\n\n(4) An exemption granted under subregulation (2) must be in the form of Form 18.\n\n","sortOrder":270},{"sectionNumber":"232","sectionType":"section","heading":"Private building surveyor may exercise functions of municipal building surveyor under regulation 231","content":"\t232 Private building surveyor may exercise functions of municipal building surveyor under regulation 231\n\nA private building surveyor may exercise the functions of the municipal building surveyor under regulation 231 in the case of building work for which the private building surveyor has been appointed to issue a building permit.\n\nDivision 3—Alterations\n\n","sortOrder":271},{"sectionNumber":"233","sectionType":"section","heading":"Alteration to existing building","content":"\t233 Alteration to existing building\n\n(1) Building work to alter an existing building must comply with these Regulations.\n\n(2) Subject to regulations 234 and 236, if the proposed alterations to an existing building, together with any other alterations completed or permitted within the previous 3 years, relate to more than half the original volume of the building, the entire building must be brought into conformity with these Regulations.\n\n(3) Despite subregulations (1) and (2) and subject to subregulation (6), the relevant building surveyor may consent to partial compliance of building work or an existing building with subregulation (1) or (2).\n\n(4) In determining whether to consent to partial compliance with subregulation (1) or (2) in respect of any alteration to a building, the relevant building surveyor must take into account—\n\n(a) the structural adequacy of the building; and\n\n(i) the amenity of the building and the safety and health of people using the building; and\n\n(5) Any consent to partial compliance under subregulation (3) must be in the form of Form 18.\n\n(6) If any part of the alteration is an extension to an existing building, the relevant building surveyor may only consent to partial compliance in respect of the extension if the floor area of the extension is not greater than the lesser of—\n\n(a) 25% of the floor area of the existing building; and\n\n(b) 1 000 m2.\n\n","sortOrder":272},{"sectionNumber":"234","sectionType":"section","heading":"Alterations affecting exits and paths to exits","content":"\t234 Alterations affecting exits and paths to exits\n\n(1) If a proposed alteration to an existing building other than a Class 1 or 10 building would adversely affect any exit or path of travel to an exit, the building must comply with Section D of the BCA Volume One.\n\n(2) The relevant building surveyor may consent to partial compliance of a building with subregulation (1).\n\n(3) In determining whether to consent to partial compliance with subregulation (1), the relevant building surveyor must take into account the requirements necessary to make reasonable provision for—\n\n(a) the amenity of the building; and\n\n(b) the safety and health of people using the building.\n\n(4) Any consent to partial compliance under subregulation (2) must be in the form of Form 18.\n\nReg. 235 amended by S.R. No. 102/2023 reg. 18.\n\n","sortOrder":273},{"sectionNumber":"235","sectionType":"section","heading":"Extension of non-complying external wall","content":"\t235 Extension of non-complying external wall\n\nDespite anything to the contrary in these Regulations, a single storey external wall (including any openings) of a Class 1 building may be extended, once, a maximum of 6 m measured horizontally in similar construction without the extension of the wall complying with performance requirement H3P1 of the BCA Volume Two.\n\n","sortOrder":274},{"sectionNumber":"236","sectionType":"section","heading":"Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities","content":"\t236 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities\n\n(1) Subject to subregulation (4), if an existing building is to contain a new part that must comply with an access provision, any affected part of the building must be brought into conformity with that access provision.\n\nThis provision aligns the operation of these Regulations (which incorporates the BCA Volume One) with the Disability (Access to Premises — Buildings) Standards 2010 of the Commonwealth. The Disability (Access to Premises−Buildings) Standards 2010 apply the requirements of the Access Code contained in those Standards (being building requirements relating to access to buildings and associated facilities and services for persons with a disability), not only to new parts of buildings but also to the affected parts of buildings that contain new parts. Affected parts of buildings may be in buildings that pre-date the commencement on 1 May 2011 of the access provisions in the BCA Volume One or they may be in buildings constructed after 1 May 2011.\n\n(2) An access provision that was not in force immediately before 1 May 2011 does not apply to building work carried out under a building permit in respect of which an application was made before 1 May 2011, whether the permit was issued before or after 1 May 2011.\n\n(3) Despite anything to the contrary in the BCA Volume One, an access provision does not apply to—\n\n(a) a new part of an existing Class 1b building if the Class 1b building—\n\n(i) has less than 4 bedrooms that are used for rental accommodation; and\n\n(ii) was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or\n\n(b) a new part of an existing Class 2 building if the Class 2 building was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or\n\n(c) the internal parts of a sole-occupancy unit in a Class 2 building; or\n\n(d) a Class 4 building; or\n\n(e) a Class 10 building or a new part of a Class 10 building that is associated with—\n\n(i) a Class 1a building; or\n\n(ii) a Class 4 part of a building.\n\n(4) Despite anything to the contrary in the BCA Volume One and subject to regulation 234—\n\n(a) an access provision does not apply to an affected part of an existing building if—\n\n(i) parts of the existing building are leased to different persons; and\n\n(ii) one of the persons is responsible for building work to be carried out in respect of the new part of the building; and\n\n(iii) the new part of the building is leased to that person; and\n\nReg. 236(4)(b) amended by S.R. No. 102/2023 reg. 19(1).\n\n(b) the deemed-to-satisfy provisions contained in clause E3D8 in the BCA Volume One requiring a passenger lift, which travels more than 12 metres, to have a lift floor dimension of not less than 1400 mm x 1600 mm does not apply if the passenger lift—\n\n(i) is an existing passenger lift; and\n\n(ii) is located in a new part or an affected part of an existing building; and\n\n(iii) has a lift floor dimension of not less than 1100 mm x 1400 mm; and\n\nReg. 236(4)(c) amended by S.R. Nos 40/2019 reg. 24, 102/2023 reg. 19(2).\n\n(c) the deemed-to-satisfy provisions in contained in clauses F4D5(c) and F4D5(e) in the BCA Volume One do not apply to an existing accessible sanitary compartment or an existing sanitary compartment suitable for a person with a disability to the extent that the requirements require a sanitary compartment to comply with AS 1428.1—2009 Design for access and mobility Part 1: General requirements for access—New building work published on 27 November 2009, as incorporated for the time being by the BCA Volume One, if the existing sanitary compartment—\n\n(i) is located in a new part or an affected part of an existing building; and\n\n(ii) complies with AS 1428.1—2001 Design for access and mobility Part 1: General requirements for access—New building work published on 5 June 2001.\n\n(5) In this regulation—\n\nReg. 236(5) def. of *access provision* amended by S.R. No. 102/2023 reg. 19(3).\n\n***access provision*** means—\n\n(a) a performance requirement—\n\n(i) that is contained in Section D, Part E3 or Part F4 of the BCA Volume One; and\n\n(ii) in respect of which there is an equivalent performance requirement contained in the Access Code within the meaning of the Disability (Access to Premises−Buildings) Standards 2010 of the Commonwealth; and\n\nThe Disability (Access to Premises−  \nBuildings) Standards 2010 of the Commonwealth is available from the Australian Government Federal Register of Legislation website at www.legislation.gov.au.\n\n(iii) to the extent that the performance requirement relates to the provision of access to buildings, and facilities and services within buildings, for persons with disabilities; and\n\n(b) a provision of a document applied, adopted or incorporated by reference in a performance requirement referred to in paragraph (a);\n\n***affected part*** in relation to an existing building that is to contain a new part means—\n\n(a) the principal pedestrian entrance of the building; and\n\n(b) any part of the building that is necessary to provide a continuous accessible path of travel from the principal pedestrian entrance to the proposed new part;\n\n***new part*** in relation to an existing building means a part of that building that is to be altered, including an extension to the building, in respect of which an application for a building permit is made on or after 1 May 2011.\n\nUnder section 160B of the Act, a person may apply on the ground of unjustifiable hardship to the Building Appeals Board for a determination that an access provision does not apply, or applies with specified modifications or variations, to a building or land.\n\nDivision 4—General\n\n","sortOrder":275},{"sectionNumber":"237","sectionType":"section","heading":"Small live music venue classification","content":"\t237 Small live music venue classification\n\nReg. 237(1) amended by S.R. Nos 40/2019 reg. 25(1), 102/2023 reg. 20(1).\n\n(1) The BCA Volume One applies as if, in Schedule 1 to that Volume, for paragraph (c)(iii) of the definition of **Assembly building**, there were substituted—\n\n\"(iii) a sports stadium, sporting or other club—\n\nbut not including a *small live music venue*; or\".\n\nReg. 237(2) amended by S.R. Nos 40/2019 reg. 25(1), 102/2023 reg. 20(1).\n\n(2) The BCA Volume One applies as if, in Schedule 1 to that Volume, after the definition of **Sitework**, there were inserted—\n\n\"**Small live music venue** means the whole or the only part of a Class 6 building that has a rise in storeys of no more than 2—\n\n(a) in which live music entertainment is provided to the public; and\n\n(b) that has a floor area not greater than 500 m2.\".\n\nReg. 237(3) amended by S.R. Nos 40/2019 reg. 25(2), 102/2023 reg. 20(2).\n\n(3) The BCA Volume One applies as if, at the foot of the Explanatory information in clause A6G7, there were inserted—\n\n\"A Class 6 building or part of a Class 6 building in which people assemble for entertainment purposes remains a Class 6 building or part of a Class 6 building if it is a *small live music venue*—see the definition of **Assembly building** in the BCA Volume One.\"\n\n","sortOrder":276},{"sectionNumber":"Part 17","sectionType":"part","heading":"Building product accreditation","content":"Part 17—Building product accreditation\n\nDivision 1—Definitions\n\nReg. 238 substituted by S.R. No. 128/2021 reg. 10, amended by S.R. No. 61/2022 reg. 5.\n\n","sortOrder":277},{"sectionNumber":"238","sectionType":"section","heading":"Definitions","content":"\t238 Definitions\n\nIn this Part and in Forms 19, 19A and 19B—\n\n***building product*** includes a building product, construction method, design, component or system connected with building work;\n\n***Committee*** means the Building Regulations Advisory Committee.\n\nDivision 2—Accreditation persons and bodies\n\nReg. 239 substituted by S.R. No. 61/2022 reg. 6.\n\n","sortOrder":278},{"sectionNumber":"239","sectionType":"section","heading":"Prescribed persons and bodies to accredit building products","content":"\t239 Prescribed persons and bodies to accredit building products\n\nFor the purposes of section 14(1) of the Act, the following persons and bodies are prescribed as a prescribed person or body—\n\n(a) the Australian Building Codes Board;\n\n(b) a person or body authorised by the Australian Building Codes Board.\n\n","sortOrder":279},{"sectionNumber":"240","sectionType":"section","heading":"Definition of Certificate of Accreditation in the BCA","content":"\t240 Definition of Certificate of Accreditation in the BCA\n\nReg. 240(1) amended by S.R. Nos 40/2019 reg. 26(1), 102/2023 reg. 21(1).\n\n(1) The BCA Volume One applies as if, in Schedule 1 to that Volume, in the definition of **Certificate of Accreditation**, for \"a State or Territory accreditation authority\" there were substituted \"the Building Regulations Advisory Committee\".\n\nReg. 240(2) amended by S.R. Nos 40/2019 reg. 26(2), 102/2023 reg. 21(2).\n\n(2) The BCA Volume Two applies as if, in Schedule 1 to that Volume, in the definition of **Certificate of Accreditation**, for \"a State or Territory accreditation authority\" there were substituted \"the Building Regulations Advisory Committee\".\n\nDivision 3—Accreditation by Committee\n\nReg. 241 substituted by S.R. No. 128/2021 reg. 11.\n\n","sortOrder":280},{"sectionNumber":"241","sectionType":"section","heading":"Application of Division","content":"\t241 Application of Division\n\nThis Division does not apply—\n\n(a) to a building product that complies with the relevant deemed-to-satisfy provisions of the BCA; or\n\n(b) in relation to an application for accreditation, renewal or variation made to a person or body prescribed under regulation 239.\n\n","sortOrder":281},{"sectionNumber":"242","sectionType":"section","heading":"Application for accreditation","content":"\t242 Application for accreditation\n\nReg. 242(1) revoked by S.R. No. 61/2022 reg. 7(1).\n\nReg. 242(2) substituted by S.R. No. 61/2022 reg. 7(2).\n\n(2) For the purposes of section 14(1A) of the Act, an application for accreditation of a building product must be in the form of Form 19.\n\n(3) An application must be accompanied by—\n\n(a) the fee prescribed in regulation 244(1); and\n\n(b) if required by the Committee, any one or more of the following—\n\n(i) an appraisal of the building product from an organisation or person that is recognised by the Committee as competent to make the appraisal, including details of the appraiser's qualifications and experience;\n\n(ii) an appraisal of the building product from an organisation or person nominated by the Committee addressing any matter relating to the properties and performance of a building product requested by the Committee;\n\n(iii) a report from an Accredited Testing Laboratory or a Registered Testing Authority showing that the building product has been submitted to the tests listed in the report and setting out the results of those tests and any other relevant information that demonstrates the suitability of the building product for its proposed purpose;\n\n(iv) any installation manual produced for the building product;\n\n(v) any other information or document required by the Committee.\n\nReg. 242A inserted by S.R. No. 128/2021 reg. 12.\n\n","sortOrder":282},{"sectionNumber":"242A","sectionType":"section","heading":"Application for renewal of accreditation","content":"\t242A Application for renewal of accreditation\n\nReg. 242A(1) revoked by S.R. No. 61/2022 reg. 8(1).\n\nReg. 242A(2) substituted by S.R. No. 61/2022 reg. 8(2).\n\n(2) For the purposes of section 14(3) of the Act, an application for renewal of the accreditation of a building product must be in the form of Form 19A.\n\n(3) The application for renewal of the accreditation may be made 12 months before, but must be made no later than 6 months before, the expiry date of the accreditation.\n\n(4) The application for renewal of the accreditation must be accompanied by—\n\n(a) the fee prescribed in regulation 244(1); and\n\n(b) if required by the Committee, any information or document referred to in regulation 242(3)(b).\n\nReg. 242AB inserted by S.R. No. 61/2022 reg. 9.\n\n\t242AB Application for variation of accreditation\n\nFor the purposes of section 14(5) of the Act, an application for variation of an accreditation of a building product must be in the form of Form 19A and may be made in respect of one or more of the following matters—\n\n(a) a transfer of the accreditation from the holder of the accreditation to another person;\n\n(b) a change of the name of the holder of the accreditation;\n\n(c) a change of the postal address, telephone number or email of the holder of the accreditation;\n\n(d) a change of the building product name;\n\n(e) a change of the name of one or more components that form part of the accredited building product;\n\n(f) a change to an installation manual for the building product, or to any performance requirement or standard applying to the accredited building product;\n\n(g) a change to the building product to reflect any amendment to a requirement in these Regulations in relation to which the building product is accredited;\n\n(h) a change to any condition imposed by the Committee;\n\n(i) the correction of an error in the certificate of accreditation for the building product;\n\n(j) a change in any other matter relating to the accreditation of the building product, which the Committee considers will not result in a significant departure from the performance of the building product or the purposes for which the building product was originally accredited.\n\nReg. 242B (Heading) substituted by S.R. No. 61/2022 reg. 10(1).\n\nReg. 242B inserted by S.R. No. 128/2021 reg. 12.\n\n","sortOrder":283},{"sectionNumber":"242B","sectionType":"section","heading":"Refusal to accredit, renew or vary an accreditation","content":"\t242B Refusal to accredit, renew or vary an accreditation\n\n(1) The Committee may refuse to accredit a building product or renew an accreditation if—\n\n(a) the application fails to include any information or document referred to in regulation 242(3)(b) within 3 months of a request for that information or document by the Committee; or\n\n(b) the building product is not suitable to be accredited by the Committee or, in the case of an application for renewal of an accreditation, the building product is no longer suitable to be accredited; or\n\n(c) in the case of an application for renewal of an accreditation, the applicant has failed to apply for the renewal within the application period specified in regulation 242A(3); or\n\n(d) the applicant has been convicted or found guilty without conviction of an offence against regulation 250 in the 10-year period preceding the date of the application.\n\nReg. 242B(1A) inserted by S.R. No. 61/2022 reg. 10(2).\n\n(1A) The Committee may refuse to vary an accreditation of a building product if—\n\n(a) the application is to vary the accreditation in respect of a matter that is not a matter specified in regulation 242AB; or\n\n(b) the variation of the accreditation sought will result in a significant departure from the performance of the building product or the purposes for which the building product was originally accredited; or\n\n(c) the application for variation is made in respect of the matter specified in regulation 242AB(a), and the person to whom the accreditation is to be transferred has been convicted or found guilty without conviction of an offence against regulation 250 within the 10‑year period preceding the date of the application.\n\nReg. 242B(2) amended by S.R. No. 61/2022 reg. 10(3).\n\n(2) If the Committee refuses to accredit a building product or renew or vary an accreditation, the Committee must give the applicant written notice of its decision.\n\n","sortOrder":284},{"sectionNumber":"243","sectionType":"section","heading":"Information in application to remain confidential","content":"\t243 Information in application to remain confidential\n\nReg. 243(1) amended by S.R. Nos 128/2021 reg. 13, 61/2022 reg. 11.\n\n(1) A person must not disclose, except to the extent necessary to carry out functions or exercise powers under this Part, any information obtained by that person from an application for accreditation, or an application for renewal or variation of an accreditation, unless the disclosure is authorised in writing by the person who made the application.\n\n(2) A person does not commit an offence under subregulation (1) by disclosing information—\n\n(a) that is contained in the register under regulation 251 at the time of disclosure; or\n\n(b) that has been published in the Government Gazette under regulation 245 or 248 before the disclosure.\n\nReg. 244 amended by S.R. Nos 128/2021 reg. 14, 61/2022 reg. 12, substituted by S.R. No. 59/2024 reg. 7.\n\n","sortOrder":285},{"sectionNumber":"244","sectionType":"section","heading":"Accreditation application fees","content":"\t244 Accreditation application fees\n\n(1) The fee for an application for an accreditation of a building product under this Division is 1627⸱27 fee units.\n\n(2) The fee for an application for a renewal of an accreditation of a building product under this Division is 813⸱64 fee units.\n\n(3) The fee for an application to vary an accreditation of a building product under this Division is 20⸱75 fee units.\n\n(4) All fees paid under this Division must be paid into the Building account of the Victorian Building Authority Fund.\n\nReg. 244A inserted by S.R. No. 128/2021 reg. 15.\n\n","sortOrder":286},{"sectionNumber":"244A","sectionType":"section","heading":"Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation","content":"\t244A Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation\n\nReg. 244A(1) amended by S.R. No. 61/2022 reg. 13(1).\n\n(1) If the Committee decides to accredit a building product or renew an accreditation, the Committee must give the applicant and the Authority a written notice of its decision, which must comply with subregulation (3).\n\nReg. 244A(2) amended by S.R. No. 61/2022 reg. 13(1)(2).\n\n(2) If the Committee decides to impose a condition on or vary an accreditation in accordance with section 14(4) or (5) of the Act, the Committee must give the applicant and the Authority a written notice of its decision, which must comply with subregulation (3).\n\n(3) A notice given under this regulation must include the following—\n\n(a) the name of the building product;\n\n(b) a description of the building product;\n\n(c) a description of the purpose and use of the building product;\n\n(d) any condition to which the accreditation is subject;\n\n(e) the details of any variation to the accreditation and the date it comes into effect;\n\n(f) the date of the Committee's decision to accredit the building product or renew the accreditation;\n\nReg. 244A  \n(3)(fa) inserted by S.R. No. 61/2022 reg. 13(3).\n\n(fa) in the case of a renewal of the accreditation, the date the renewed accreditation comes into effect;\n\nReg. 244A  \n(3)(fb) inserted by S.R. No. 61/2022 reg. 13(3).\n\n(fb) the number assigned to the certificate of accreditation to which the notice relates;\n\n(g) any other information that the Committee considers appropriate.\n\n(4) The Authority must cause to be published in the Government Gazette a notice required to be given under this regulation as soon as practicable after the accreditation, renewal of, imposition of a condition on or variation of an accreditation (as the case requires).\n\nReg. 245 amended by S.R. No. 128/2021 reg. 16, substituted by S.R. No. 61/2022 reg. 14.\n\n","sortOrder":287},{"sectionNumber":"245","sectionType":"section","heading":"Issue or re-issue of a certificate of accreditation","content":"\t245 Issue or re-issue of a certificate of accreditation\n\n(1) For the purposes of section 14(1B) of the Act, the prescribed form of a certificate of accreditation is in the form of Form 19B.\n\n(2) The Committee must assign a unique number to a certificate of accreditation that is issued for a building product when it is first accredited.\n\n(3) Subject to subregulation (4), the Committee must re-issue a certificate of accreditation to the holder of an accreditation if the Committee renews the accreditation under section 14(3) of the Act or imposes a condition on, or varies, an accreditation under section 14(4) or (5) of the Act.\n\n(4) If the accreditation is varied in respect of the matter specified in regulation 242AB(a), the Committee must re-issue the certificate of accreditation to the person to whom the accreditation is transferred.\n\n(5) A certificate of accreditation that is re-issued under subregulation (3) or (4) must have assigned to it the same unique number that was assigned to the original certificate of accreditation for the building product under subregulation (2).\n\n(6) The Committee may publish a copy of any certificate of accreditation and any document referred to in the certificate on the Committee's website or, if the Committee does not have a website, on the Internet.\n\n","sortOrder":288},{"sectionNumber":"246","sectionType":"section","heading":"Revocation of accreditation","content":"\t246 Revocation of accreditation\n\n(1) The Committee may at any time revoke an accreditation under this Division if it finds that—\n\n(a) the accreditation has been obtained by fraud, misrepresentation or concealment of facts; or\n\n(b) the performance of the building product the subject of the accreditation—\n\n(i) is unsatisfactory; or\n\n(ii) differs or fails to achieve the level of performance for which the building product was accredited; or\n\n(c) the regulation in relation to which the building product was accredited has been amended or revoked.\n\nReg. 246(2) amended by S.R. No. 128/2021 reg. 17, substituted by S.R. No. 61/2022 reg. 15.\n\n(2) If the Committee determines to revoke an accreditation—\n\n(a) the Committee must notify the Authority in writing of the decision of the Committee; and\n\n(b) the Authority must notify the holder of the accreditation in writing of the decision of the Committee.\n\n","sortOrder":289},{"sectionNumber":"247","sectionType":"section","heading":"Holder may request revocation of accreditation","content":"\t247 Holder may request revocation of accreditation\n\nReg. 247(1) amended by S.R. No. 61/2022 reg. 16(1).\n\n(1) The holder of an accreditation may, in writing, at any time request the Committee to revoke the accreditation.\n\nReg. 247(2) amended by S.R. No. 61/2022 reg. 16(2).\n\n(2) The Committee must revoke an accreditation under this Division on receipt of a request made under subregulation (1) and notify the Authority in writing of the revocation.\n\n","sortOrder":290},{"sectionNumber":"248","sectionType":"section","heading":"Notice of revocation of accreditation","content":"\t248 Notice of revocation of accreditation\n\n(1) The Authority must cause to be published in the Government Gazette notice of any revocation of an accreditation under this Division as soon as practicable after that revocation.\n\n(2) A notice that an accreditation has been revoked must include the following—\n\n(a) the name of the building product;\n\n(b) a description of the building product;\n\n(c) the number of the certificate of accreditation;\n\n(d) a statement to the effect that the accreditation of the building product has been revoked by the Committee;\n\n(e) the date of the revocation;\n\n(f) any other information the Committee considers appropriate.\n\nReg. 249 substituted by S.R. No. 61/2022 reg. 17.\n\n","sortOrder":291},{"sectionNumber":"249","sectionType":"section","heading":"Accreditation ceases to have effect on revocation","content":"\t249 Accreditation ceases to have effect on revocation\n\nAn accreditation ceases to have effect on its revocation under this Division.\n\nReg. 250 amended by S.R. No. 61/2022 reg. 18.\n\n","sortOrder":292},{"sectionNumber":"250","sectionType":"section","heading":"Offence to falsely claim product accredited","content":"\t250 Offence to falsely claim product accredited\n\nA person or body must not knowingly claim that a building product is accredited under the Act if the building product is not accredited in accordance with this Division.\n\nDivision 4—Register and records\n\n","sortOrder":293},{"sectionNumber":"251","sectionType":"section","heading":"Register of accredited products","content":"\t251 Register of accredited products\n\nReg. 251(1) revoked by S.R. No. 128/2021 reg. 18(1).\n\nReg. 251(2) substituted by S.R. No. 40/2019 reg. 27, amended by S.R. No. 128/2021 reg. 18(2).\n\n(2) For the purposes of section 14B of the Act, the register kept by the Authority must contain the following information about accredited building products—\n\n(a) in relation to each accredited building product—\n\n(i) the name of the building product;\n\n(ii) a description of the building product;\n\n(iii) a description of the purpose and use of the building product;\n\n(iv) any regulation in relation to which the building product is accredited;\n\n(v) any condition to which the accreditation is subject;\n\n(vi) the name and address of the holder of the accreditation;\n\n(vii) the number of the certificate of accreditation;\n\n(viii) the date of issue of the certificate of accreditation;\n\n(2)(a)(ix) inserted by S.R. No. 128/2021 reg. 18(3).\n\n(ix) the date of expiry of the accreditation of the building product;\n\n(2)(a)(x) inserted by S.R. No. 128/2021 reg. 18(3).\n\n(x) any date on which the accreditation was renewed;\n\n(2)(a)(xi) inserted by S.R. No. 128/2021 reg. 18(3).\n\n(xi) any date on which the accreditation was varied;\n\n(b) in relation to each formerly accredited building product—\n\n(i) the name of the building product;\n\n(ii) the number of the certificate of accreditation;\n\n(iii) the date of issue of the certificate of accreditation;\n\n(2)(b)(iv) substituted by S.R. No. 128/2021 reg. 18(4).\n\n(iv) if the accreditation is revoked, the date of revocation of the accreditation;\n\n(2)(b)(v) inserted by S.R. No. 128/2021 reg. 18(4).\n\n(v) if the accreditation expires, the date of expiry of the accreditation;\n\n(c) any other information that the Committee considers appropriate.\n\nReg. 251(2A) inserted by S.R. No. 40/2019 reg. 27.\n\n(2A) The information referred to in subregulation (2)(b) is not required to be contained in the register until 1 January 2020.\n\n(3) The Authority must update the register as soon as is practicable after the Committee revokes an accreditation under Division 3.\n\n(4) The Authority must make the register available without charge for inspection by any person during normal office hours.\n\n(5) The Authority may publish the information on the register on the Authority's website.\n\n","sortOrder":294},{"sectionNumber":"252","sectionType":"section","heading":"Records","content":"\t252 Records\n\nThe Authority must keep—\n\nReg. 252(a) substituted by S.R. No. 128/2021 reg. 19(1).\n\n(a) all documents considered by the Committee in relation to an accreditation under Division 3, including any renewal or variation of the accreditation, until the accreditation expires or is revoked, whichever occurs earlier; and\n\nReg. 252(b) amended by S.R. No. 128/2021 reg. 19(2).\n\n(b) copies of all certificates of accreditation issued by the Committee.\n\nPt 17 Div. 5 (Heading and regs 253–253B) inserted by S.R. No. 128/2021 reg. 20.\n\nDivision 5—Exemptions relating to accreditation of building products by prescribed persons and bodies\n\nNew reg. 253 inserted by S.R. No. 128/2021 reg. 20.\n\n","sortOrder":295},{"sectionNumber":"253","sectionType":"section","heading":"Exemption relating to register of accredited products","content":"\t253 Exemption relating to register of accredited products\n\nThe Authority is exempt from the requirement under section 14B of the Act to keep a register of building products accredited by a person or body prescribed under regulation 239.\n\nReg. 253A inserted by S.R. No. 128/2021 reg. 20.\n\n","sortOrder":296},{"sectionNumber":"253A","sectionType":"section","heading":"Exemption from transitional provisions for building products accredited on or after 1 January 2019","content":"\t253A Exemption from transitional provisions for building products accredited on or after 1 January 2019\n\nA person or body prescribed under regulation 239 is exempt from the requirements in clause 3 of Part 2 of Schedule 11 to the Act, which relate to the person or body.\n\nReg. 253B inserted by S.R. No. 128/2021 reg. 20.\n\n","sortOrder":297},{"sectionNumber":"253B","sectionType":"section","heading":"Exemption from transitional provisions for building products accredited before 1 January 2019","content":"\t253B Exemption from transitional provisions for building products accredited before 1 January 2019\n\nA person or body prescribed under regulation 239 is exempt from the requirements in clause 4 of Part 2 of Schedule 11 to the Act, which relate to the person or body.\n\n","sortOrder":298},{"sectionNumber":"Part 18","sectionType":"part","heading":"Building practitioners","content":"Part 18—Building practitioners\n\nDivision 1—Registration\n\nReg. 253 revoked by S.R. No. 75/2018 reg. 14.\n\nReg. 254 substituted by S.R. No. 75/2018 reg. 15.\n\n","sortOrder":299},{"sectionNumber":"254","sectionType":"section","heading":"Information to accompany application for registration","content":"\t254 Information to accompany application for registration\n\nFor the purposes of section 170A(e) of the Act, an application for registration under section 170 of the Act must be accompanied by the following information—\n\n(a) any evidence or proof of identity of the applicant that is required by the Authority;\n\n(b) a certified copy of each licence or registration to carry out building work outside of Victoria (if any);\n\n(c) the usual place of business of the applicant;\n\n(d) the business postal address of the applicant;\n\n(e) the telephone number of the applicant;\n\n(f) if the applicant is a natural person—\n\n(i) any information about the applicant's work or employment history and experience in the building industry inside or outside Victoria, including any technical referee report, that is required by the Authority; and\n\n(ii) a certified copy of any academic qualifications for the purposes of section 171(1)(a) of the Act; and\n\n(iii) the residential address of the applicant;\n\n(g) if the applicant is a body corporate—\n\n(i) the ACN or ARBN of the body corporate; and\n\n(ii) the name of each director of the body corporate; and\n\n(iii) the registration number of each nominee director of the body corporate;\n\n(h) if the applicant carries on business, or intends to carry on business, as a building practitioner as a member of a partnership—\n\n(ii) the usual place of business of the partnership; and\n\n(iii) the name of each member of the partnership; and\n\n(iv) the registration number of each member of the partnership (if applicable); and\n\n(v) the address of each member of the partnership;\n\n(i) a certified copy of any other document being relied on by the applicant in support of the application.\n\nReg. 254A inserted by S.R. No. 40/2019 reg. 28, revoked by S.R. No. 101/2020 reg. 6.\n\nReg. 255 substituted by S.R. No. 75/2018 reg. 15.\n\n","sortOrder":300},{"sectionNumber":"255","sectionType":"section","heading":"Certificate of registration","content":"\t255 Certificate of registration\n\nThe prescribed information for the purposes of section 171G(2)(c) of the Act is—\n\n(a) the name of the registered person; and\n\n(b) the registration number of the registered person; and\n\n(c) the category and class of registration; and\n\n(d) any condition that applies to the registration; and\n\n(e) the commencement date of the registration; and\n\n(f) the expiry date of the registration.\n\nReg. 256 amended by S.R. No. 75/2018 reg. 16.\n\n","sortOrder":301},{"sectionNumber":"256","sectionType":"section","heading":"Condition of registration","content":"\t256 Condition of registration\n\nFor the purposes of section 171H(1)(a) of the Act, it is a prescribed condition of registration that a building practitioner must not allow another person to use the building practitioner's certificate issued to the building practitioner under section 171G of the Act.\n\nReg. 256A inserted by S.R. No. 75/2018 reg. 17.\n\n","sortOrder":302},{"sectionNumber":"256A","sectionType":"section","heading":"Authority to be advised of nominee director changes","content":"\t256A Authority to be advised of nominee director changes\n\n(1) For the purposes of section 175C(a) of the Act the prescribed information is—\n\n(a) the name and registration number of the person who has ceased to be a nominee director; and\n\n(b) the day on which the person ceased to be a nominee director.\n\n(2) For the purposes of section 175C(b) of the Act the prescribed information is—\n\n(a) the name and registration number of any new nominee director appointed and the day on which the appointment was made; and\n\n(b) the name and registration number of any person who has ceased to be appointed as a nominee director and the day on which the appointment ceased.\n\nPt 18 Div. 1A (Heading and regs 256B, 256C) inserted by S.R. No. 75/2018 reg. 18.\n\n","sortOrder":303},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Register of Building Practitioners","content":"Division 1A—Register of Building Practitioners\n\nReg. 256B inserted by S.R. No. 75/2018 reg. 18.\n\n","sortOrder":304},{"sectionNumber":"256B","sectionType":"section","heading":"The Register of Building Practitioners","content":"\t256B The Register of Building Practitioners\n\nFor the purposes of section 175(2) of the Act, the Register of Building Practitioners must include the following information relating to a person who is a registered building practitioner—\n\n(a) the registration number of the person;\n\n(b) any condition that applies to the registration of the person;\n\n(c) the residential address of the person;\n\n(d) the usual place of business of the person;\n\n(e) the business postal address of the person;\n\n(f) the telephone number of the person;\n\n(g) if the person is a body corporate—\n\n(i) the name of each nominee director of the body corporate; and\n\n(ii) the name of each director of the body corporate;\n\n(h) if the person carries on business as a building practitioner as a member of a partnership—\n\n(ii) the usual place of business of the partnership; and\n\n(iii) the name of each member of the partnership; and\n\n(iv) the registration number of each member of the partnership (if applicable); and\n\n(v) the address of each member of the partnership;\n\n(i) the commencement date of the registration;\n\n(j) the expiry date of the registration;\n\n(k) whether the registration is in force, suspended, surrendered or cancelled;\n\n(l) if the registration is suspended—\n\n(i) the date the registration was suspended; and\n\n(ii) the reason the registration was suspended; and\n\n(iii) the date the registration ceased to be suspended (if applicable);\n\n(m) the date the registration was surrendered (if applicable);\n\n(n) if the registration is cancelled—\n\n(i) the date the registration was cancelled; and\n\n(ii) the reason the registration was cancelled.\n\nReg. 256C inserted by S.R. No. 75/2018 reg. 18.\n\n","sortOrder":305},{"sectionNumber":"256C","sectionType":"section","heading":"Publication of information on Register of Building Practitioners","content":"\t256C Publication of information on Register of Building Practitioners\n\n(1) For the purposes of section 175D(1) of the Act, the prescribed information in relation to a person who is a registered building practitioner is—\n\n(a) the name of the person; and\n\n(b) the registration number of the person; and\n\n(c) the category and class of registration of the person; and\n\n(d) any condition on the registration of the person; and\n\n(e) the business postal address of the person; and\n\n(f) the telephone number of the person; and\n\n(g) the name of each nominee director, if the person is a body corporate; and\n\n(h) if the person carries on business as a building practitioner as a member of a partnership—\n\n(ii) the name of each member of the partnership; and\n\n(iii) the registration number of each member of the partnership (if applicable); and\n\n(iv) the usual place of business of the partnership; and\n\n(i) the commencement date of the registration; and\n\n(j) the expiry date of the registration; and\n\n(k) whether the registration is in force, suspended, surrendered or cancelled; and\n\n(l) if the registration is suspended—\n\n(i) the date the registration was suspended; and\n\n(ii) the reason the registration was suspended; and\n\n(iii) the date the registration ceased to be suspended (if applicable); and\n\n(m) the date the registration was surrendered (if applicable); and\n\n(n) if the registration is cancelled—\n\n(i) the date the registration was cancelled; and\n\n(ii) the reason the registration was cancelled.\n\n(2) For the purposes of section 175D(2) of the Act, the prescribed information in relation to a person who is a registered building practitioner is—\n\n(a) details of any criminal sanction imposed on the person; and\n\n(b) details of any disciplinary sanction imposed on the person.\n\nPt 18 Div. 2 (Heading) amended by S.R. No. 2/2024 reg. 4.\n\nDivision 2—Prescribed qualifications and classes of building practitioner and prescribed work\n\nReg. 257 amended by S.R. No. 75/2018 reg. 19(1).\n\n","sortOrder":306},{"sectionNumber":"257","sectionType":"section","heading":"Prescribed classes of building practitioner","content":"\t257 Prescribed classes of building practitioner\n\nFor the purposes of section 171 of the Act, each class of building practitioner in respect of a category of building practitioner is the class set out in Part 2 of Schedule 9.\n\n","sortOrder":307},{"sectionNumber":"258","sectionType":"section","heading":"Prescribed qualifications","content":"\t258 Prescribed qualifications\n\nReg. 258(1) amended by S.R. No. 75/2018 reg. 19(2).\n\n(1) For the purposes of section 171(1)(a)(i) of the Act, the prescribed qualifications for registration of a category or a class of building practitioner are any—\n\n(a) degree, diploma, certificate, accreditation, authority, training or examination set out in Part 3 of Schedule 9 for the category or class of building practitioner; and\n\n(b) practical experience set out in Part 3 of Schedule 9 for that category or class of building practitioner.\n\n(2) In this regulation ***practical experience***—\n\n(a) includes compliance with any supervision requirements during the obtaining of that experience; and\n\n(b) must have been obtained in the 7 years before the application for registration was made.\n\nReg. 259 substituted by S.R. No. 2/2024 reg. 5.\n\n","sortOrder":308},{"sectionNumber":"259","sectionType":"section","heading":"Building surveyor work","content":"\t259 Building surveyor work\n\nA person who is registered under section 171(1)(a) of the Act in a class of building surveyor set out in Column 2 of the Table in Schedule 10 is authorised to carry out the work set out in Column 3 of that Table corresponding to that class of building surveyor and, for the purposes of section 169D(1) of the Act, that work is of a prescribed kind.\n\nReg. 260 substituted by S.R. No. 2/2024 reg. 6.\n\n","sortOrder":309},{"sectionNumber":"260","sectionType":"section","heading":"Building inspector work","content":"\t260 Building inspector work\n\nA person who is registered under section 171(1)(a) of the Act in a class of building inspector set out in Column 2 of the Table in Schedule 11 is authorised to carry out the work set out in Column 3 of that Table corresponding to that class of building inspector and, for the purposes of section 169D(1) of the Act, that work is of a prescribed kind.\n\n","sortOrder":310},{"sectionNumber":"261","sectionType":"section","heading":"Domestic builder work","content":"\t261 Domestic builder work\n\nA person who is registered in a class of domestic builder set out in column 2 of the Table in Schedule 12 is authorised to carry out the domestic building work set out in column 3 of that Table corresponding to that class of domestic builder.\n\nPt 18 Div. 3 (Heading and regs 262, 263) substituted by S.R. No. 75/2018 reg. 20.\n\nDivision 3—Requirements for advertising and written statements\n\nReg. 262 substituted by S.R. No. 75/2018 reg. 20.\n\n","sortOrder":311},{"sectionNumber":"262","sectionType":"section","heading":"Advertisements or written statements by registered building practitioners","content":"\t262 Advertisements or written statements by registered building practitioners\n\nFor the purposes of section 169H(c) of the Act, the name and registration number of the registered building practitioner must be clearly legible in the advertisement or statement.\n\nReg. 263 substituted by S.R. No. 75/2018 reg. 20.\n\n","sortOrder":312},{"sectionNumber":"263","sectionType":"section","heading":"Advertisements or written statements by partnerships","content":"\t263 Advertisements or written statements by partnerships\n\nFor the purposes of section 169I(c) of the Act, the name and registration number of the registered building practitioner must be clearly legible in the advertisement or statement.\n\nPt 18 Div. 3A (Heading and regs 263A–263C) inserted by S.R. No. 75/2018 reg. 20.\n\n","sortOrder":313},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Probity and discipline","content":"Division 3A—Probity and discipline\n\nReg. 263A inserted by S.R. No. 75/2018 reg. 20.\n\n","sortOrder":314},{"sectionNumber":"263A","sectionType":"section","heading":"Authority must be notified of probity matters","content":"\t263A Authority must be notified of probity matters\n\n(1) A relevant person must notify the Authority in writing within 14 days after any of the following occurs—\n\n(a) the person is convicted or found guilty of an offence referred to in regulation 263B;\n\n(b) the person is convicted or found guilty (whether in Victoria or outside Victoria) of any offence involving fraud, dishonesty, drug trafficking or violence that is punishable by imprisonment for 6 months or more;\n\n(c) the person is convicted or found guilty of an offence under any law regulating building work or building practitioners;\n\n(d) the person has any registration, licence, approval, certificate or other authorisation as a building practitioner suspended or cancelled for any reason other than a failure by the person to renew the registration, licence, approval, certificate or other authorisation;\n\n(e) the person is convicted or found guilty of an offence against—\n\n(i) section 53, 55, 55A, 56, 58 or 60 of the Trade Practices Act 1974 of the Commonwealth; or\n\n(ii) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of the Australian Consumer Law (Victoria); or\n\n(iii) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;\n\n(f) the person becomes subject to an order of a court or VCAT under the following enactments that has not been complied with within the period required by the court or VCAT—\n\n(i) the Act or these Regulations; or\n\n(ii) the **Domestic Building Contracts Act 1995** or the regulations under that Act;\n\n(g) the person is disqualified from managing corporations under Part 2D.6 of the Corporations Act;\n\n(h) an insurer declines, cancels, or imposes special conditions in relation to, the provision of professional indemnity insurance, public liability insurance or any other indemnity insurance in relation to the person in relation to work as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or Territory;\n\n(i) the person has outstanding—\n\n(i) any judgment debt for an amount recoverable by an insurer under a policy of insurance for domestic building work referred to in section 137A or 137B of the Act that is not satisfied within the period required for satisfaction of that debt; or\n\n(ii) any judgment debt for an amount owed to the Authority as a debt due under this Act that has not been satisfied within the period required for satisfaction of that debt; or\n\n(iii) any judgment debt for an amount payable in relation to a domestic building dispute that is not satisfied within the period required for satisfaction of that debt; or\n\n(iv) any amount payable under any dispute resolution order (within the meaning of the **Domestic Building Contracts Act 1995**) or VCAT order requiring the payment of an amount in relation to a domestic building dispute that is not paid within the period required for compliance with that order; or\n\n(v) any unpaid adjudicated amount due to be paid under the **Building and Construction Industry Security of Payment Act 2002** if—\n\n(A) the period for making an adjudication review application under that Act in relation to that amount has expired; and\n\n(B) the person has not made an adjudication review application in relation to that amount within that period.\n\n(2) A relevant person must notify the Authority in writing without delay after—\n\n(a) the person becomes an insolvent under administration; or\n\n(b) the person becomes an externally administered body corporate within the meaning of the Corporations Act; or\n\n(c) the person is convicted or found guilty of an offence against section 32 of the **Occupational Health and Safety Act 2004**; or\n\n(d) the person is convicted or found guilty (whether in Victoria or outside Victoria) of an indictable offence involving fraud, dishonesty, drug trafficking or violence; or\n\n(e) the person ceases to be covered by the required insurance; or\n\n(f) the person becomes an excluded person.\n\n***relevant person*** means—\n\n(a) a registered building practitioner; or\n\n(b) a director of a registered body corporate; or\n\n(c) a member of a partnership, which includes a person who carries on business as a building practitioner, other than that person.\n\nReg. 263B inserted by S.R. No. 75/2018 reg. 20.\n\n","sortOrder":315},{"sectionNumber":"263B","sectionType":"section","heading":"Grounds for disciplinary action","content":"\t263B Grounds for disciplinary action\n\nThe prescribed provisions for the purposes of section 179(1)(a)(iii) of the Act are sections 21(1), 23(1), 24(1), 25(1), 25(2), 26(1), 27(1) and 28(1) of the **Occupational Health and Safety Act 2004**.\n\nReg. 263C inserted by S.R. No. 75/2018 reg. 20.\n\n","sortOrder":316},{"sectionNumber":"263C","sectionType":"section","heading":"Grounds for immediate suspension","content":"\t263C Grounds for immediate suspension\n\n(1) The prescribed provisions for the purposes of section 180(b)(i) of the Act are sections 172(1)(a) and (b) of the Act.\n\n(2) The prescribed provision for the purposes of section 180(b)(iii) of the Act is section 32 of the **Occupational Health and Safety Act 2004**.\n\nDivision 4—General\n\n","sortOrder":317},{"sectionNumber":"264","sectionType":"section","heading":"Notice of suspension or cancellation of registration","content":"\t264 Notice of suspension or cancellation of registration\n\nFor the purposes of section 183A of the Act—\n\n(a) a notice of suspension of registration must be in the form of Form 20; and\n\n(b) a notice of cancellation of registration must be in the form of Form 21.\n\n","sortOrder":318},{"sectionNumber":"265","sectionType":"section","heading":"Professional standards","content":"\t265 Professional standards\n\nA registered building practitioner must—\n\n(a) perform work as a building practitioner in a competent manner and to a professional standard; and\n\n(b) immediately inform a client in writing if a conflict of interest arises or appears likely to arise between the building practitioner and that client; and\n\n(c) receive remuneration for services as a building practitioner solely by the professional fee or other benefits specified in the contract of engagement or by the salary and other benefits payable by the building practitioner's employer.\n\nReg. 266 amended by S.R. No. 75/2018 reg. 21.\n\n","sortOrder":319},{"sectionNumber":"266","sectionType":"section","heading":"Duplicate certificate fee","content":"\t266 Duplicate certificate fee\n\nFor the purposes of section 171J(a)(ii) of the Act, the prescribed fee for a duplicate building practitioner's certificate is 2·75 fee units.\n\n","sortOrder":320},{"sectionNumber":"267","sectionType":"section","heading":"Period for which private building surveyor may not act","content":"\t267 Period for which private building surveyor may not act\n\nThe prescribed period for the purposes of section 79(1)(b) of the Act is one year.\n\nDivision 5—Exemptions for certain building practitioners\n\nReg. 268 substituted by S.R. No. 75/2018 reg. 22.\n\n","sortOrder":321},{"sectionNumber":"268","sectionType":"section","heading":"Relevant building surveyor exempt from section 24A in relation to certain types of building work","content":"\t268 Relevant building surveyor exempt from section 24A in relation to certain types of building work\n\nWhen issuing a permit for building work referred to in section 24B(3) of the Act, a relevant building surveyor is not required to be satisfied that the building work is to be carried out by a builder who is a registered building practitioner as required under section 24B(3)(a) of the Act if the building work is to be carried out by a builder who is solely engaged in the business of constructing Class 10 buildings other than a Class 10b structure constructed for the purpose of displaying a sign.\n\nReg. 269 revoked by S.R. No. 75/2018 reg. 23, new reg. 269 inserted by S.R. No. 180/2018 reg. 12.\n\n\t269 Relevant building surveyor exempt from section 24(6) and (7) of the Act in relation to certain building permit applications\n\nA relevant building surveyor is exempt from section 24(6) and (7) of the Act in relation to an application for a building permit—\n\n(a) to construct a Class 10 building; or\n\n(b) to carry out building work on an allotment in a planning scheme other than a planning scheme specified in Schedule 13.\n\nReg. 269A inserted by S.R. No. 73/2021 reg. 12.\n\n\t269A Relevant building surveyor exempt from certain requirements in section 24A(1) of the Act in relation to issuing certain building permits\n\n(1) A relevant building surveyor is exempt from the following provisions of the Act, in relation to the issuing of a building permit by the relevant building surveyor during the transition period for the carrying out of domestic building work under a major domestic building contract, if the builder named in the building permit is a relevant building practitioner—\n\n(a) section 24A(1)(a) of the Act in respect of the requirement in section 24B(4)(b) of the Act that a builder's registration authorises the carrying out of the work under a major domestic building contract;\n\n(b) section 24A(1)(c)(ii) of the Act.\n\n(2) In this regulation—\n\n***transition period*** means the period beginning on 1 July 2021 and ending on 31 January 2022.\n\nReg. 269B inserted by S.R. No. 73/2021 reg. 12.\n\n","sortOrder":322},{"sectionNumber":"269B","sectionType":"section","heading":"Certain persons exempt from section 169F(1) of the Act","content":"\t269B Certain persons exempt from section 169F(1) of the Act\n\n(1) An unregistered person who carries out domestic building work under and in accordance with a major domestic building contract, in partnership with a relevant building practitioner named in a relevant building permit relating to that work, is exempt from section 169F(1) of the Act with respect to the carrying out of that work.\n\n(2) An unregistered person who is employed to carry out domestic building work under and in accordance with a major domestic building contract, by a relevant building practitioner named in a relevant building permit relating to that work, is exempt from section 169F(1) of the Act with respect to the carrying out of that work.\n\n(3) An unregistered person who is engaged to carry out domestic building work under and in accordance with a major domestic building contract, by a relevant building practitioner named in a relevant building permit relating to that work, is exempt from section 169F(1) of the Act with respect to the carrying out of that work.\n\nReg. 270 revoked by S.R. No. 75/2018 reg. 23.\n\n","sortOrder":323},{"sectionNumber":"Part 19","sectionType":"part","heading":"Appeals and reviews","content":"Part 19—Appeals and reviews\n\n","sortOrder":324},{"sectionNumber":"271","sectionType":"section","heading":"Appeal periods","content":"\t271 Appeal periods\n\n(1) For the purposes of section 146(1)(a) of the Act, the prescribed appeal period is—\n\n(a) in the case of an appeal against the refusal of a permit, an amendment, an application or an approval—30 days after the day the applicant is notified of the refusal; or\n\n(b) in the case of an appeal against the deemed refusal of a permit or an application—30 days after the day the permit or application is deemed under the Act to have been refused; or\n\n(c) in the case of an appeal against the imposition of a condition on a permit or an approval—30 days after the day the permit is given or the approval is issued; or\n\n(d) in the case of an appeal against the amendment of a permit or an approval—30 days after the day the owner of the building or land to which the permit relates is notified of the amendment; or\n\n(e) in the case of an appeal against a requirement of a reporting authority or relevant building surveyor to give more information about a permit application or to amend a permit application—30 days after the day the applicant is notified of the requirement; or\n\n(f) in the case of an appeal against a refusal by a person or body to make a determination or exercise a discretion under a condition of a permit—30 days after the day the applicant is notified of the refusal; or\n\n(g) in the case of an appeal against a decision to issue a permit that differs from, or fails to implement, a reporting authority's recommendations in a report on the application for the permit—30 days after the day the reporting authority receives notification of the issue of the permit from the relevant building surveyor; or\n\n(h) in the case of an appeal against a direction to fix building work under Division 2 of Part 4 of the Act—7 days after the day the person is given the written direction under section 37C(b) or 37D(2) of the Act; or\n\n(i) in a case of an appeal against the cancellation of an approval under section 71 of the Act—30 days after the day the owner of the building or land concerned is notified of the cancellation; or\n\n(j) in a case of an appeal against the refusal of the Authority to consent to the termination of a building surveyor's appointment under section 81(1) of the Act—30 days after the day the owner or the relevant building surveyor (as the case requires) is notified of the Authority's refusal; or\n\n(k) in the case of an appeal against the refusal of the Authority to consent to the proposed appointment of a private building surveyor or municipal building surveyor under section 81(4) of the Act—30 days after the day the owner or the private building surveyor or municipal building surveyor (as the case requires) is notified of the Authority's refusal; or\n\n(l) in the case of an appeal against a determination under section 87(1) of the Act as to the appropriateness of protection work—14 days after the day the owner and the adjoining owner is given notice of the determination; or\n\n(m) in the case of an appeal against a declaration made under section 89(1) of the Act—30 days after the day the owner or the adjoining owner (as the case requires) is given notice of the declaration; or\n\n(n) in the case of an appeal against a requirement made under section 87 of the Act to give more information—14 days after the day the owner is asked to give more information under section 87(2)(a) of the Act; or\n\n(o) in the case of an appeal against a decision to serve a building notice on an owner—30 days after the day the building notice is served on the owner; or\n\n(p) in the case of an appeal against the making of an emergency order or a building order—30 days after the day the order is served on the person to whom it is directed; or\n\n(q) in the case of an appeal against the imposition of a condition on an emergency order or a building order—30 days after the day the order is served on the person to whom it is directed; or\n\n(r) in the case of an appeal against a refusal to amend or cancel an emergency order or a building order—30 days after the day the owner is notified of the refusal or the day the relevant building surveyor is deemed to have refused to amend or cancel the order; or\n\n(s) in the case of an appeal against a requirement that an order made under the Act be fully complied with—30 days after the day the owner is notified of the requirement; or\n\n(t) in the case of an appeal against a decision of the Authority under section 42 or 43 of the **Building and Construction Industry Security of Payment Act 2002**—30 days after the day the Authority makes the decision; or\n\n(u) in the case of an appeal against a failure  \nby a person or body to make a decision, a determination, an approval, a cancellation or an amendment or to exercise a discretion within a reasonable time—60 days after the request was made to the person or body to make the decision, determination, approval, cancellation or amendment or to exercise the discretion; or\n\n(v) in the case of an appeal against any other decision, determination, declaration or approval or exercise of discretion by a person or body—30 days after the day notification is given of the decision, determination, declaration or approval or exercise of discretion; or\n\n(w) in any other case—30 days after the day of the event in relation to which the appeal is brought.\n\n(2) If an appeal period prescribed under this regulation begins on the day on which a person is notified under the Act or these Regulations but the notice has not been so given, the prescribed appeal period for the purposes of section 146(1)(a) of the Act is—\n\n(a) 37 days after the day of the event that required that notification to be given; or\n\n(b) any longer period that the Building Appeals Board considers appropriate in the circumstances.\n\n","sortOrder":325},{"sectionNumber":"272","sectionType":"section","heading":"Appeal, referral and application fees","content":"\t272 Appeal, referral and application fees\n\n(1) The fees for making an appeal, a referral or an application to the Building Appeals Board in a matter relating to a Class 1 or 10 building are—\n\n(a) for an appeal under—\n\nReg. 272 (1)(a)(i) amended by S.R. No. 59/2024 reg. 8(1).\n\n(i) section 138, 138A, 140, 141 or 142 of the Act—35⸱46 fee units; or\n\nReg. 272 (1)(a)(ii) amended by S.R. No. 59/2024 reg. 8(2).\n\n(ii) section 139, 144 or 144A of the Act—28⸱36 fee units; or\n\n(b) for a referral under—\n\nReg. 272 (1)(b)(i) amended by S.R. No. 59/2024 reg. 8(3).\n\n(i) section 150 of the Act—36⸱26 fee units; or\n\nReg. 272 (1)(b)(ii) amended by S.R. No. 59/2024 reg. 8(4).\n\n(ii) section 151, 152, 153, 154, 155, 156, 157 or 158 of the Act—40⸱30 fee units; or\n\n(c) for an application under—\n\nReg. 272 (1)(c)(i) amended by S.R. No. 59/2024 reg. 8(5).\n\n(i) section 159 of the Act—40⸱28 fee units; or\n\nReg. 272 (1)(c)(ii) amended by S.R. No. 59/2024 reg. 8(6).\n\n(ii) section 160 of the Act—36⸱23 fee units; or\n\nReg. 272 (1)(c)(iia) inserted by S.R. No. 59/2024 reg. 8(7).\n\n(iia) section 160A of the Act—40⸱55 fee units; or\n\nReg. 272 (1)(c)(iii) amended by S.R. No. 59/2024 reg. 8(8).\n\n(iii) section 164 of the Act—30⸱20 fee units.\n\n(2) The fees for making an appeal, a referral or an application to the Building Appeals Board in a matter relating to a building other than a Class 1 or 10 building are—\n\n(a) for an appeal under—\n\nReg. 272 (2)(a)(i) amended by S.R. No. 59/2024 reg. 8(9).\n\n(i) section 138, 138A, 140, 141 or 142 of the Act—70⸱95 fee units; or\n\nReg. 272 (2)(a)(ii) amended by S.R. No. 59/2024 reg. 8(10).\n\n(ii) section 139, 144 or 144A of the Act—47⸱28 fee units; or\n\n(b) for a referral under—\n\nReg. 272 (2)(b)(i) amended by S.R. No. 59/2024 reg. 8(11).\n\n(i) section 150 of the Act—60⸱45 fee units; or\n\nReg. 272 (2)(b)(ii) amended by S.R. No. 59/2024 reg. 8(12).\n\n(ii) section 151, 152, 153, 154, 155, 156, 157 or 158 of the Act—80⸱64 fee units; or\n\n(c) for an application under—\n\nReg. 272 (2)(c)(i) amended by S.R. No. 59/2024 reg. 8(13).\n\n(i) section 159 of the Act—80⸱59 fee units; or\n\nReg. 272 (2)(c)(ii) amended by S.R. No. 59/2024 reg. 8(14).\n\n(ii) section 160 of the Act—80⸱55 fee units; or\n\nReg. 272 (2)(c)(iia) inserted by S.R. No. 59/2024 reg. 8(15).\n\n(iia) section 160A of the Act—101⸱37 fee units; or\n\nReg. 272 (2)(c)(iii) amended by S.R. No. 59/2024 reg. 8(16).\n\n(iii) section 164 of the Act—50⸱35 fee units.\n\nReg. 272(3) substituted by S.R. No. 59/2024 reg. 8(17).\n\n(3) The fee for making an application to the Building Appeals Board under section 160B of the Act is 55⸱31 fee units.\n\n","sortOrder":326},{"sectionNumber":"273","sectionType":"section","heading":"Fees for fast track appeals","content":"\t273 Fees for fast track appeals\n\nReg. 273(1) amended by S.R. No. 59/2024 reg. 9(1).\n\n(1) The fee for making a request to the Building Appeals Board under section 147(1) of the Act is 75⸱68 fee units.\n\nReg. 273(2) amended by S.R. No. 59/2024 reg. 9(2).\n\n(2) For the purposes of section 147(3)(b) of the Act, the additional prescribed fee is 15⸱13 fee units per hour or part of an hour.\n\n","sortOrder":327},{"sectionNumber":"274","sectionType":"section","heading":"Refund of fees by Authority","content":"\t274 Refund of fees by Authority\n\n(1) The Authority may refund, from the Building account of the Victorian Building Authority Fund, in whole or in part, any fee paid to the Building Appeals Board under this Part if the appeal, request, application or referral does not proceed.\n\n(2) The Building Appeals Board must refund from the Victorian Building Authority Fund any fee paid for a request under regulation 273(1) if the request is refused.\n\nReg. 274A inserted by S.R. No. 59/2024 reg. 10.\n\n","sortOrder":328},{"sectionNumber":"274A","sectionType":"section","heading":"Exemptions to pay fees under this Part","content":"\t274A Exemptions to pay fees under this Part\n\n(1) A person is exempt from having to pay the whole or part of a fee payable to the Building Appeals Board, which is prescribed under this Part, if any of the persons referred to in subregulation (2) is satisfied that payment of the whole or part of the fee will cause the person to suffer financial hardship.\n\n(2) For the purposes of subregulation (1), any of the following persons may decide that a person will suffer financial hardship if the person is required to pay the whole or part of a fee payable to the Building Appeals Board under this Part—\n\n(a) the chairperson of the Building Appeals Board;\n\n(b) the deputy chairperson of the Building Appeals Board;\n\n(c) the Registrar of the Building Appeals Board.\n\n","sortOrder":329},{"sectionNumber":"275","sectionType":"section","heading":"Review period","content":"\t275 Review period\n\nThe period within which an application for review by VCAT under section 25J of the Act must be lodged is—\n\n(a) 60 days after the day that the applicant is notified of the decision to be reviewed; or\n\n(b) if the application is for the review of a failure to make a decision within a reasonable time—67 days after the day a request was made to the Authority to make that decision.\n\n","sortOrder":330},{"sectionNumber":"Part 20","sectionType":"part","heading":"Infringement notices","content":"Part 20—Infringement notices\n\n","sortOrder":331},{"sectionNumber":"276","sectionType":"section","heading":"Authorised officers","content":"\t276 Authorised officers\n\nThe prescribed office or class of officers for the purposes of the definition of ***authorised officer*** in section 254 of the Act are—\n\nReg. 276(a) amended by S.R. No. 75/2018 reg. 24.\n\n(a) the Chief Executive Officer or a VBA inspector, for offences against regulations 41(1), 41(2), 197(2), 199(2), 216(2), 218(3), 223(1), 223(2), 225, 226(1), 227 and 228; and\n\n(b) the chief officer, for offences against regulations 199(2), 216(2), 223(1), 223(2), 225, 226(1), 227 and 228; and\n\nReg. 276(c) amended by S.R. Nos 75/2018 reg. 24, 116/2019 reg. 12, 83/2020 reg. 6.\n\n(c) the municipal building surveyor, for offences against regulations 41(1), 41(2), 147C, 147L(2), 147M(2), 147N(2), 147O(2), 147V(1), 147X(3), 147ZC, 147ZJ(4), 166D, 166H, 197(2), 199(2), 216(2), 218(3), 223(1), 223(2), 225, 226(1), 227 and 228.\n\nReg. 277 amended by S.R. Nos 75/2018 reg. 24, 116/2019 reg. 13, 83/2020 reg. 7.\n\n","sortOrder":332},{"sectionNumber":"277","sectionType":"section","heading":"Prescribed offences","content":"\t277 Prescribed offences\n\nThe prescribed offences for the purposes of the definition of ***prescribed offence*** in section 254 of the Act are offences against regulations 41(1), 41(2), 147C, 147L(2), 147M(2), 147N(2), 147O(2), 147V(1), 147X(3), 147ZC, 147ZJ(4), 166D, 166H, 197(2), 199(2), 216(2), 218(3), 223(1), 223(2), 225, 226(1), 227 and 228.\n\n","sortOrder":333},{"sectionNumber":"278","sectionType":"section","heading":"Prescribed penalties","content":"\t278 Prescribed penalties\n\nThe prescribed penalty for the purposes of section 255(3) of the Act is—\n\n(a) 5 penalty units in the case of a place of public entertainment; and\n\n(b) 2 penalty units in any other case.\n\n","sortOrder":334},{"sectionNumber":"Part 21","sectionType":"part","heading":"Exemptions","content":"Part 21—Exemptions\n\n","sortOrder":335},{"sectionNumber":"279","sectionType":"section","heading":"Exemptions from building regulations","content":"\t279 Exemptions from building regulations\n\nA building or building work specified in column 2 of the Table in Schedule 3 is exempt from the regulations specified in column 3 of that Table corresponding to that building or building work.\n\n","sortOrder":336},{"sectionNumber":"280","sectionType":"section","heading":"Exemption for Class 10 buildings on farm land","content":"\t280 Exemption for Class 10 buildings on farm land\n\n(1) The relevant council may exempt a Class 10 building that is to be constructed on farm land and used for farming purposes from all or any of the requirements of these Regulations.\n\n(2) If the relevant council grants an exemption from all of these Regulations under subregulation (1), a building permit and certificate of final inspection under the Act are not required for that building.\n\n","sortOrder":337},{"sectionNumber":"281","sectionType":"section","heading":"Exemptions relating to building surveyors for certain buildings","content":"\t281 Exemptions relating to building surveyors for certain buildings\n\nSections 23, 30, 47 and 73 of the Act do not apply to a relevant building surveyor in relation to the following classes of buildings—\n\n(a) premises that are used or intended to be used for the provision of residential accommodation by—\n\n(i) a community service established under section 44 of the **Children, Youth and Families Act 2005**; or\n\n(ii) a registered community service within the meaning of that Act that is situated on Crown land or land in relation to which the Secretary to the Department of Health and Human Services or the Director of Housing is registered as proprietor;\n\n(b) premises that are used or intended to be used as—\n\n(i) a remand centre within the meaning of the **Children, Youth and Families Act 2005**; or\n\n(ii) a secure welfare service within the meaning of that Act; or\n\n(iii) a youth justice centre within the meaning of that Act;\n\n(iv) a youth residential centre within the meaning of that Act; or\n\n(c) premises that are used or intended to be used as—\n\n(i) a prison established under section 10 of the **Corrections Act 1986**; or\n\n(ii) a community corrections centre established under Part 9 of that Act;\n\n(d) premises that are used or intended to be used as a residential institution within the meaning of the **Disability Act 2006**;\n\n(e) premises that are used or intended to be used as a residential service within the meaning of the **Disability Act 2006**;\n\n(f) premises that are used or intended to be used as a courthouse by a court;\n\n(g) premises that are used or intended to be used as a police station;\n\n(h) premises that are used or intended to be used as a designated mental health service within the meaning of the **Mental Health Act 2014**;\n\n(i) premises that are used or intended to be used as a youth refuge or a women's refuge operated with funding provided by the Secretary to the Department of Health and Human Services for the purpose of providing a refuge.\n\nReg. 281A inserted by S.R. No. 101/2020 reg. 7.\n\n","sortOrder":338},{"sectionNumber":"281A","sectionType":"section","heading":"Exemption from certain fees","content":"\t281A Exemption from certain fees\n\n(1) An applicant for registration as a building practitioner is exempt from a fee payable under section 170A of the Act if the applicant provides evidence to the satisfaction of the Authority that—\n\n(a) the applicant's employer is entitled to a jobkeeper payment for the applicant under Division 2 of Part 2 of the Commonwealth Rules; or\n\n(b) the applicant is entitled to a jobkeeper payment under Division 3 of Part 2 of the Commonwealth Rules; or\n\n(c) the applicant qualifies for a jobseeker payment under, and within the meaning of, Division 1 of Part 2.12 of Chapter 2 of the Social Security Act 1991 of the Commonwealth.\n\n(2) A registered building practitioner is exempt from a fee payable under section 172 or in relation to section 173 of the Act if the registered building practitioner provides evidence to the satisfaction of the Authority that—\n\n(a) the registered building practitioner's employer is entitled to a jobkeeper payment for the registered building practitioner under Division 2 of Part 2 of the Commonwealth Rules; or\n\n(b) the registered building practitioner is entitled to a jobkeeper payment under Division 3 of Part 2 of the Commonwealth Rules; or\n\n(c) the registered building practitioner qualifies for a jobseeker payment under, and within the meaning of, Division 1 of Part 2.12 of Chapter 2 of the Social Security Act 1991 of the Commonwealth.\n\n(3) Subregulations (1) and (2) apply to a fee that becomes payable during the period beginning on the commencement of this regulation and ending on 30 June 2021.\n\n***Commonwealth Rules*** means the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 of the Commonwealth or any subsequent corresponding rules of the Commonwealth;\n\n***jobkeeper payment*** has the same meaning as in section 4 of the Commonwealth Rules.\n\nReg. 281B inserted by S.R. No. 101/2020 reg. 8.\n\n","sortOrder":339},{"sectionNumber":"281B","sectionType":"section","heading":"Exemption from building permit levy for building work relating to social housing","content":"\t281B Exemption from building permit levy for building work relating to social housing\n\n(1) An applicant for a building permit is exempt from the requirement to pay any building permit levy imposed under section 205G(2A) of the Act for building work the subject of the permit—\n\n(a) if the building work includes the construction of social housing; and\n\n(b) on completion of the building work, the social housing will be owned, controlled or managed by the Director of Housing.\n\n(2) An applicant for a building permit is exempt from the requirement to pay any building permit levy imposed under section 205G(2A) of the Act for building work the subject of the permit—\n\n(a) if the building permit includes the construction of social housing; and\n\n(b) the social housing is fully or partially funded under a program for the funding of social housing specified in a list which is established, kept and published by the Authority in accordance with subregulation (3); and\n\n(c) on completion of the building work, the social housing will be owned, controlled or managed by a participating registered agency.\n\n(3) For the purposes of subregulation (2)(b), the Authority must—\n\n(a) establish, keep and publish on its website, a list that specifies any program (including the name of the program and a description of that program) for social housing referred to in subregulation (2)(b) (a ***program***), that is in operation at the time of establishing the list and first publishing the list; and\n\n(b) ensure that the list is amended as soon as is practicable after a program specified on the list has ceased to operate or a new program has commenced operation; and\n\n(c) republish the list on its website as soon as is practicable after the list has been amended.\n\n(4) The Authority must consult with the Director of Housing before publishing a list in accordance with subregulation (3).\n\n(5) The list published under subregulation (3) must not disclose the names of any natural person or the address of any property.\n\n(6) An exemption under this regulation applies to—\n\n(a) the whole of the building work if the building work includes the construction of social housing; and\n\n(b) building work carried out under a staged permit if that staged permit, or any previous or subsequent staged permit, relates to building work that includes the construction of social housing.\n\nReg. 281C inserted by S.R. No. 101/2020 reg. 8.\n\n","sortOrder":340},{"sectionNumber":"281C","sectionType":"section","heading":"Refund of certain building permit levy","content":"\t281C Refund of certain building permit levy\n\n(1) This regulation applies in respect of an application for a building permit accepted by a building surveyor on or after 1 January 2020 and before the commencement of this regulation where the building work the subject of the permit—\n\n(a) includes the construction of social housing; and\n\n(b) either of the following applies—\n\n(i) on completion of the building work, the social housing will be owned, controlled or managed by the Director of Housing;\n\n(ii) on completion of the building work, the social housing will be owned, controlled or managed by a participating registered agency and the social housing is fully or partially funded under a program approved by the Director of Housing.\n\n(2) Any amount of building permit levy imposed under section 205G(2A) of the Act in relation to the building work that is paid by the applicant to the Authority before or after the commencement of this regulation must be refunded by the Authority to the applicant from the Cladding Account on receiving an application from the applicant for the refund in a form approved by the Authority.\n\n***Cladding Account*** means the Cladding Safety Victoria account of the Victorian Building Authority Fund established under section 205 of the Act.\n\nReg. 281D inserted by S.R. No. 101/2020 reg. 8.\n\n","sortOrder":341},{"sectionNumber":"281D","sectionType":"section","heading":"Authority is exempted from calculation and notification requirements","content":"\t281D Authority is exempted from calculation and notification requirements\n\nThe Authority is exempted from the requirements under section 205I(1)(b) and (2)(b) of the Act in relation to a building permit levy payable under section 205G(2A) of the Act for building work that is subject to an exemption under regulation 281B.\n\nReg. 281E inserted by S.R. No. 59/2024 reg. 11.\n\n","sortOrder":342},{"sectionNumber":"281E","sectionType":"section","heading":"Exemption from certain fees payable to the Authority under these Regulations","content":"\t281E Exemption from certain fees payable to the Authority under these Regulations\n\n(1) A person is exempt from having to pay the whole or part of a fee payable to the Authority, which is prescribed under these Regulations, if the Authority is satisfied that payment of the whole or part of the fee will cause the person to suffer financial hardship.\n\n(2) For the purposes of subregulation (1), the Authority may decide that a person will suffer financial hardship if the person is required to pay the whole or part of a fee payable to the Authority under these Regulations.\n\nReg. 282 revoked by S.R. No. 38/2018 reg. 282(2).\n\n","sortOrder":343},{"sectionNumber":"Part 22","sectionType":"part","heading":"Transitional and savings provisions","content":"Part 22—Transitional and savings provisions\n\n","sortOrder":344},{"sectionNumber":"283","sectionType":"section","heading":"Registration of building practitioners not affected by revocation of Building Interim Regulations 2017","content":"\t283 Registration of building practitioners not affected by revocation of Building Interim Regulations 2017\n\nThe revocation of the Building Interim Regulations 2017 does not affect the registration under Part 11 of the Act of any building practitioner who was registered or taken to be registered under that Part immediately before that revocation.\n\n","sortOrder":345},{"sectionNumber":"284","sectionType":"section","heading":"Domestic builder (manager)","content":"\t284 Domestic builder (manager)\n\nReg. 284(1) amended by S.R. No. 73/2021 reg. 13(1).\n\n(1) Despite the revocation of the Building Interim Regulations 2017, a person registered under Part 11 of the Act in the category of builder, class of domestic builder (manager) immediately before 1 July 2017 and to whom regulation 2046(2) of the Building Interim Regulations 2017 as in force immediately before its revocation applied, continues to be registered under Part 11 of the Act in that class of domestic builder until the latest day applicable under subregulation (1A).\n\nReg. 284(1A) inserted by S.R. No. 73/2021 reg. 13(2).\n\n(1A) If a person to whom subregulation (1) applies is named as the builder in one or more relevant building permits or building permits issued during the period beginning on 1 July 2018 and ending on 30 June 2021, the person continues to be registered under Part 11 of the Act in the category of builder, class of domestic builder (manager) until whichever is the later of the following days—\n\n(a) 30 June 2022;\n\n(b) the day on which an occupancy permit or certificate of final inspection is issued in relation to the last building permit;\n\n(c) the day on which the last building permit expires.\n\nReg. 284(2) amended by S.R. No. 73/2021 reg. 13(3).\n\n(2) For the purposes of subregulations (1) and (1A), the relevant qualifications set out in the table in Schedule 7 of the Building Interim Regulations 2017, as in force before being substituted by regulation 15 of the Building Amendment Regulations 2017, are taken to be the prescribed qualifications for the category of builder, class of domestic builder (manager), until the latest day applicable under subregulation (1A).\n\n","sortOrder":346},{"sectionNumber":"285","sectionType":"section","heading":"Appointment of private building surveyor","content":"\t285 Appointment of private building surveyor\n\nSection 78(1A) of the Act does not apply in relation to domestic building work—\n\n(a) to be carried out under a major domestic building contract entered into by a builder before 1 September 2016; or\n\n(b) in respect of which a builder acts or proposes to act as a domestic builder before 1 September 2016.\n\nPt 23 (Heading and reg. 286) amended by S.R. Nos 42/2020 reg. 10, 50/2022 reg. 5, 65/2023 reg. 5, revoked by S.R. No. 59/2024 reg. 12.\n\n","sortOrder":347},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Revocations","content":"Schedule 1—Revocations\n\nRegulation 4\n\n| *S.R. No.* | *Title* |\n| 31/2017 | Building Interim Regulations 2017 |\n| 65/2017 | Building Amendment Regulations 2017 |\n| 81/2017 | Building Further Amendment Regulations 2017 |\n| 87/2017 | Building Amendment (Macedon Ranges Siting Requirements and Other Matters) Regulations 2017 |\n| 136/2017 | Building Amendment (Powers of Entry and Other Matters) Regulations 2017 |\n| 26/2018 | Building Amendment (National Construction Code Amendment and Siting Requirements) Regulations 2018 |\n\n","sortOrder":348},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Duties and responsibilities of an owner-builder","content":"Schedule 2—Duties and responsibilities of an owner-builder\n\nRegulation 19\n\n| 1 | Understanding the restrictions imposed by the Act and these Regulations on the carrying out of domestic building work, including those referred to in section 16 of the Act, which include that building work must be carried out under a building permit. |\n| 2 | Understanding the process of applying to the municipal building surveyor, or appointing a private building surveyor under Part 6 of the Act, to obtain a building permit and understanding the circumstances under which the relevant building surveyor must not issue a building permit. |\n| 3 | Ensuring building work is inspected as required by the Act and these Regulations. |\n| 4 | Understanding the requirement for, and knowing when to apply for and obtain, an occupancy permit or certificate of final inspection. |\n| 5 | Understanding the requirement for entering a major domestic building contract when engaging a domestic builder to undertake certain building work. |\n| 6 | Understanding the requirement to engage a building practitioner registered under Part 11 of the Act to carry out certain building work if required by the Act and these Regulations. |\n| 7 | Understanding the requirement to engage licensed or registered practitioners, other than building practitioners registered under Part 11 of the Act, to undertake forms of regulated work, such as plumbing or electrical work. |\n| 8 | Understanding the processes available to resolve domestic building work disputes under the **Domestic Building Contracts Act 1995**. |\n| 9 | Undertaking relevant planning and preparation for carrying out building work. |\n| 10 | Complying with site safety requirements, including development, communication, monitoring and maintenance of site safety plans, and any relevant requirement under the **Occupational Health and Safety Act 2004** and the regulations under that Act, for carrying out building work. |\n| 11 | Supervising the carrying out of all building work and ensuring that it complies with the Act and these Regulations. |\n| 12 | Ensuring building work is undertaken in accordance with the requirements of any relevant environmental laws. |\n| 13 | Understanding when directions to fix building work can be made and when and how enforcement of safety and building standards can be undertaken in relation to domestic building work subject to a certificate of consent. |\n| 14 | Arranging any required protection works. |\n| 15 | Interpreting plans, drawings and specifications relating to the building work. |\n| 16 | Setting out and preparing the building site according to plans and specifications. |\n| 17 | Understanding requirements for the sale of an owner-built home under section 137B of the Act, including the requirement to obtain insurance for the building work carried out by the owner-builder. |\n| 18 | Ensuring knowledge of and obtaining insurance to cover any loss, damage or injury to the owner-builder or others incurred in connection with the carrying out of the building work. |\n| 19 | Ensuring knowledge of warranties implied into a contract for the sale of an owner-built home under section 137C of the Act. |\n| 20 | Any other duty or responsibility of an owner-builder imposed by the Act, these Regulations, the **Domestic Building Contracts Act 1995** or the regulations made under that Act. |\n\nSch. 3 amended by S.R. Nos 75/2018 reg. 25, 40/2019 reg. 29, 116/2019 reg. 14, 21/2020 reg. 5, 80/2023 reg. 9, 102/2023 reg. 22.\n\n","sortOrder":349},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Exemptions for building work and buildings","content":"Schedule 3—Exemptions for building work and buildings\n\nRegulations 23, 185, 279\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |\n| 1 | Construction of a freestanding Class 10a building that—<br>(a) has a floor area not exceeding 10 m2; and<br>(b) is no more than 3 m in height or, if situated within 1 m of a boundary, is no more than 2⋅4 m in height; and<br>(c) if appurtenant to a building of another Class on the same allotment, is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and<br>(d) if it is not appurtenant to a building of another Class on the same allotment, is the only Class 10a building on the allotment and is set back at least 9 m from the front street alignment and at least 2 m from each side street alignment; and<br>(e) is not constructed of masonry.<br>**Note**<br>The consent of a service authority may be required to construct a Class 10a building 10 m2 or less in an area over an easement vested in that authority under another Act or within 1 m laterally of any works of a water supply authority. | All Parts |\n| 2 | Demolition of a freestanding Class 10 building that—<br>(a) is not constructed of masonry; and<br>(b) does not exceed 40 m2 in floor area; and<br>(c) will not adversely affect the safety of the public or occupiers of the building; and<br>(d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the **Heritage Act 2017**.<br>**Note**<br>This building work may require approval from the Executive Director within the meaning of the **Heritage Act 2017** under that Act.<br>Certain building work that does not require a building permit may require a planning permit under the **Planning and Environment Act 1987**. | All Parts |\n| 3 | Repair, renewal or maintenance of a part of an existing building, if the building work—<br>(a) will not adversely affect the structural soundness of the building, and does not include—<br>(i) an increase or decrease in the floor area or height of the building;<br>(ii) underpinning or replacement of footings; or | All Parts |\n|  | (iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and |  |\n|  | (b) is done using materials commonly used for the same purpose as the material being replaced; and<br>(c) will not adversely affect the safety of the public or occupiers of the building; and<br>(d) will not adversely affect an essential safety measure relating to the building.<br>**Note**<br>Certain building work that does not require a building permit may require a planning permit under the **Planning and Environment Act 1987** or may be in a heritage overlay and be required to be maintained using particular materials.<br>If the contract price for the carrying out of domestic building work is more than $5000 (or any higher amount fixed by the regulations made under the **Domestic Building Contracts Act 1995**), the builder is required to enter into a major domestic building contract with the owner under the **Domestic Building Contracts Act 1995**. |  |\n| 4 | Alterations to a building, if the building work—<br>will not adversely affect the structural soundness of the building, and does not include—<br>(i) an increase or decrease in the floor area or height of the building; or | Parts 3 to 19 |\n|  | (ii) underpinning or replacement of footings; or<br>(iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and<br>(b) will not project beyond the street alignment; and<br>(c) will not adversely affect the safety of the public or occupiers of the building; and<br>(d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the **Heritage Act 2017**; and<br>(e) is not work in relation to, and will not adversely affect, an essential safety measure relating to the building.<br>**Note**<br>Certain building work that does not require a building permit may require a planning permit under the **Planning and Environment Act 1987** or may be in a heritage overlay and be required to be maintained using particular materials.<br>If the contract price for the carrying out of domestic building work is more than $5000 (or any higher amount fixed by the regulations made under the **Domestic Building Contracts Act 1995**), the builder is required to enter into a major domestic building contract with the owner under the **Domestic Building Contracts Act 1995**. |  |\n| 5 | Any building that is not of a Class listed in clauses A6G2 to A6G11 of the BCA Volume One and clauses A6G2 to A6G11 of the BCA Volume Two. | All Parts |\n| 6 | A building used only temporarily for the duration of building work for—<br>(a) construction purposes; or<br>(b) display purposes. | All Parts |\n| 7 | Temporary structures other than those to which regulation 207, item 20 or item 21 applies. | All Parts |\n| 8 | A swimming pool or spa that is not capable of containing water to a depth of greater than 300 mm. | All Parts |\n\n| 10 | A fence (other than a fence forming part of a safety barrier for a swimming pool or spa or a fence forming part of an outdoor play space associated with a children's service)—<br>(a) not exceeding 2 m in height; and<br>(b) not exceeding 1⋅5 m in height when within 3 m of a street (which is not a lane, footway, alley or right of way) alignment and which is not constructed of masonry, concrete or similar material; and | All Parts except reg. 89(1) and Schedule 6 |\n| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |\n|  | (c) not exceeding 1⋅2 m in height when within 3 m of a street (which is not a lane, footway, alley or right of way) alignment and which is constructed of masonry, concrete or similar material; and<br>(d) not exceeding 1 m in height above the footpath when within 9 m of a point of intersection of street alignments. |  |\n| 11 | A chain wire fence surrounding a tennis court. | All Parts |\n| 12 | A Class 10b structure constructed for the purpose of displaying a sign if that structure is—<br>(a) less than 3 m from a street alignment and does not exceed 1 m in height above ground level; or<br>(b) not less than 3 m from a street alignment and does not exceed—<br>(i) a height of 8 m above ground level; and<br>(ii) 6 m2 in display area. | All Parts |\n| 13 | Any mast, pole, antenna, aerial or similar Class 10b structure—<br>(a) attached to a building and which does not exceed a height of 3 m above the highest point of the attachment to the building; or<br>(b) not attached to a building and which does not exceed a height of 8 m above ground level. | All Parts |\n| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |\n| 14 | Any facility (within the meaning of paragraph (b) of the definition of ***facility*** in section 7 of the Telecommunications Act 1997 of the Commonwealth) and construction or demolition of such a facility by a carrier (within the meaning of that section). | Parts 3 to 19 except Part 5 |\n| 15 | Any retaining wall less than 1 m in height that is not associated with other building work or with protection of adjoining property. | Parts 3 to 19 except regulation 119 |\n| 16 | A pergola that—<br>(a) is not more than 3⋅6 m in height; and<br>(b) in the case of a pergola that is appurtenant to a Class 1 building, is located no further forward on the allotment than 2·5 m forward of the front wall of that building; and<br>(c) in any other case, is located no further forward on the allotment than the front wall of that building to which it is appurtenant; and<br>(d) has a floor area not exceeding 20 m2. | Parts 3 to 19 |\n| 17 | Installation of a wood or solid fuel household heating appliance.<br>**Note**<br>Installation of a wood or solid fuel burning heater is plumbing work and must be carried out by a licensed plumber. | Parts 3 to 19 |\n| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |\n| 18 | A relocatable building that is a movable unit within the meaning of the **Housing Act 1983** that is constructed for a community service and is to be used or intended to be used to provide temporary accommodation on a non-profit basis if—<br>(a) the building has a floor area not exceeding 30 m2; and<br>(b) the building is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and<br>(c) the building or building work will not adversely affect the structural soundness of that, or any other building; and<br>(d) the building or building work will not adversely affect the safety of the public or the occupiers of the building; and<br>(e) the building is set back from an allotment boundary not less than 1 m; and<br>(f) the building does not exceed a height of 3⋅6 m; and<br>(g) the building work will not involve construction over an easement vested in a service authority from whom a report and consent is required under regulation 130. | Parts 3 to 19 |\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |\n| 19 | A relocatable building used as a school or TAFE institute within the meaning of the **Education and Training Reform Act 2006** if—<br>(a) the building has a floor area not exceeding 300 m2; and | Parts 3 to 19 |\n|  | (b) the building or building work will not adversely affect the structural soundness of that, or any other building; and<br>(c) the building or building work will not adversely affect the safety of the public or the occupiers of the building. |  |\n| 20 | Assembling, erecting or installing a relocatable swimming pool or a relocatable spa. | Parts 3 to 9, 10 to 19 |\n| 21 | Assembling, erecting or installing a swimming pool or spa barrier that is relocatable around a relocatable swimming pool or relocatable spa. | Parts 3 to 9, 10 to 19 |\n| 22 | Replacement or alteration of any part of a barrier for a swimming pool or spa if the building work is being carried out to rectify the non-compliance of the barrier with the applicable barrier standard identified in an inspection carried out by a swimming pool and spa inspector unless the building work involves—<br>(a) replacement or alteration of sections, parts or components of the barrier that when combined, comprise more than 50% of the existing length of the barrier; or<br>(b) replacement or alteration of posts or footings of the barrier; or<br>(c) the use of materials in the barrier that are not commonly used for the same purpose as the material being replaced in the barrier; or<br>(d) an increase or decrease in the length of the barrier, or the size of the area enclosed by the barrier; or<br>(e) replacement or alteration of any part of a retaining wall that forms part of the barrier. | Parts 3 to 9, 10 to 19 |\n| 23 | Building work for or in connection with the demolition or removal of a building if—<br>(a) the building was substantially damaged or destroyed by an emergency (within the meaning of Part 11A); and<br>(b) the building work is carried out by or on behalf of the State; and<br>(c) the work is not carried out on, or in connection with, a place included on the Heritage Register within the meaning of the **Heritage Act 2017**.<br>**Notes**<br>1 This building work may require approval from the Executive Director within the meaning of the **Heritage Act 2017** under that Act.<br>2 A planning permit may also be required for this building work—see the **Planning and Environment Act 1987**. | All Parts |\n\n","sortOrder":350},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Forms","content":"Schedule 4—Forms\n\nSch. 4 Form 1 substituted by S.R. Nos 75/2018 reg. 26, 101/2020 reg. 9, 128/2021 reg. 21, amended by S.R. Nos 132/2023 reg. 19, 125/2025 reg. 4.\n\n**Form 1**\n\nRegulation 24\n\n**APPLICATION FOR A BUILDING PERMIT**\n\n**To** (Building surveyor)\n\n*Owner/*Agent of owner\n\nPostal address of applicant\n\nAddress for serving or giving of documents\n\nIndicate if the applicant is a lessee or licensee of  \nCrown land to which this application applies 🞏†\n\n**Lessee responsible for building work**\n\nIndicate if a lessee of the building, of which parts  \nare leased by different persons, is responsible for  \nthe alterations to a part of the building leased by  \nthat lessee 🞏†\n\n***Ownership details** (if applicant is agent of owner)\n\nName of owner(s) [*insert full name(s)*]\n\nMunicipal district Allotment area (for new dwellings only) m2\n\nLand owned by the Crown or a public authority 🞏†\n\n**Builder**\n\n*Building practitioner registration no.\n\n[*If the builder is carrying out domestic building work under a major domestic building contract, attach an extract of the major domestic building contract showing the names of the parties to the contract in relation to the proposed building work and a copy of the certificate of insurance (if applicable).*]\n\n***Natural person for service of directions, notices and orders** (if builder is a body corporate)\n\n**Building practitioner or architect engaged to prepare documents for this permit**\n\n[*List any building practitioner or architect engaged to prepare documents forming part of the application for this permit.*]\n\n| Construction of a new building 🞏†<br>Demolition of a building 🞏†<br>Extension to an existing building 🞏†<br>Re-erection of a building 🞏†<br>Construction of swimming pool 🞏†<br>Other [*give description*] 🞏† | Alterations to an existing    building 🞏†<br>Removal of a building 🞏†<br>Change of use of an existing    building 🞏†<br>Construction of swimming pool barrier 🞏†<br>Construction of a small    second dwelling 🞏† |\n\nProposed use of building\n\nUnder the **Building Act 1993 *swimming pool*** is defined to include a spa.\n\n**Social housing**\n\nDoes any of the building work include the construction of social housing as referred to in regulation 281B of the Building Regulations 2018? [*Yes/No*]\n\n[*Indicate Yes if the building work, which is the subject of this application, includes the construction of social housing or if other building work, which is the subject of a related staged building permit, includes the construction of social housing.*]\n\n**Emergency recovery**\n\nDoes any of the building work include the construction of a dwelling that was destroyed or damaged in an emergency referred to in regulation 166J(b) of the Building Regulations 2018?\n\n[*Yes/No*]\n\n[*Indicate Yes if the building work, which is the subject of this application, includes the construction or repair of a dwelling within the same municipal district as the destroyed or damaged residential dwelling.*]\n\n**Cost of the building work**\n\nAll costs specified in an application are to be inclusive of GST.\n\n***If application for a building permit is made by a person other than an owner-builder**\n\n*Part A*\n\nIs there a contract or agreement (other than a cost-plus contract or agreement) with a builder for carrying out the building  \nwork? [*Yes/No*]\n\nIf yes, specify the contract price or agreed amount to be paid to the builder (including for the cost of labour and materials) under the contract or agreement $\n\nIf no, is there a cost-plus contract or agreement with a builder for carrying out the building work? [*Yes/No*]\n\nIf yes, specify the builder's estimate of the total amount that the builder will receive or is likely to receive (including for the cost of labour and materials) under the contract or agreement $\n\nSpecify the cost of any chattel under the contract or  \nagreement $\n\n*Part B*\n\nSpecify the class or classes of building to which the building work relates:\n\nDoes the building work relate to both—\n\n(i) one or more buildings in a class 2, 3, 4, 5, 6, 7 or  \n8 building; and\n\n(ii) one or more buildings in a class 1, 9 or 10 building? [*Yes/No*]\n\nIf yes, specify the information required under Part A and under Part C (if applicable) according to whether the building work relates to—\n\n(i) buildings in a class 2, 3, 4, 5, 6, 7 or 8 building; and\n\n(ii) buildings in a class 1, 9 or 10 building.\n\n*Part C*\n\n**All stages of staged building work**\n\nDoes the application relate to a stage of the whole of the building work? [*Yes/No*]\n\nIf yes, specify the extent of the stage:\n\nIs there one or more contracts or agreements (other than a cost‑plus contract or agreement) for carrying out the whole of the building work for all of the stages? [*Yes/No*]\n\nIf yes, specify the contract price or agreed amount to be paid (including for the cost of labour and materials) under all the contracts or agreements $\n\nIf no, is there one or more cost-plus contracts or agreements for carrying out the whole of the building work for all of the  \nstages? [*Yes/No*]\n\nIf yes, specify the estimate of the total amount that the builders will receive or are likely to receive (including for the cost of labour and materials) under all the contracts or agreements $\n\nSpecify the cost of any chattel under the contract or agreement $\n\n***If application for a building permit is made by an owner‑builder**\n\n*Part A*\n\nI intend to carry out the building work as an  \nowner-builder [*Yes/No*]\n\nSpecify the owner-builder certificate of consent number (if applicable):\n\nSpecify the owner-builder's estimated cost (including for labour and materials) of the owner-builder carrying out the building  \nwork $\n\n*Part B*\n\nWill the owner-builder be engaging one or more builders to carry out part of the building work? [*Yes/No*]\n\nIf yes, specify the information in relation to whichever of the following applies—\n\n(i) if the engagement is under a contract or agreement that is not a cost-plus contract or agreement, specify the contract price or agreed amount to be paid to each builder (including for the cost of labour and materials) $\n\n(ii) if the engagement is under a cost-plus contract or agreement, specify the builder's estimated amount that each builder will receive or is likely to receive (including for the cost of labour and materials) $\n\n*Part C*\n\nSpecify the cost of any chattel relating to Part A and/or Part B $\n\nSpecify the cost of any prescribed excluded item relating to Part A and/or Part B $\n\n*Part D*\n\n**All stages of staged building work by an owner-builder**\n\nDoes the application relate to a stage of the whole of the building work? [*Yes/No*]\n\nIf yes, specify the extent of the stage:\n\nSpecify the owner-builder's estimated cost (including for labour and materials) of the owner-builder carrying out the whole of the building work for all stages $\n\nSpecify the cost of any chattel in relation to building work carried out by the owner-builder $\n\nSpecify the cost of any prescribed excluded item in relation to building work carried out by the owner-builder $\n\nIs there a contract or agreement (other than a cost-plus contract or agreement) with a builder to carry out part of the whole of the building work for all stages? [*Yes/No*]\n\nIf yes, specify the contract price or agreed amount to be paid to the builder (including for the cost of labour and materials) under the contract or agreement $\n\nIf no, is there a cost-plus contract or agreement with a builder to carry out part of the whole of the building work for all stages? [*Yes/No*]\n\nIf yes, specify the builder's estimate of the total amount that the builder will receive or is likely to receive (including for the cost of labour and materials) under the contract or agreement $\n\nSpecify the cost of any chattel under the contract or agreement $\n\n*Part E*\n\nSpecify the class or classes of building to which the building work relates:\n\nDoes the building work relate to both—\n\n(i) one or more buildings in a class 2, 3, 4, 5, 6, 7 or 8 building; and\n\n(ii) one or more buildings in a class 1, 9 or 10 building? [*Yes/No*]\n\nIf yes, specify the information required under Part A and/or Part B (if applicable) and under Part C and Part D (if applicable) according to whether the building work relates to—\n\n(i) buildings in a class 2, 3, 4, 5, 6, 7 or 8 building; and\n\n(ii) buildings in a class 1, 9 or 10 building.\n\nSignature of applicant\n\nDate\n\n* Delete if inapplicable\n\n† Tick if applicable\n\nSch. 4 Form 2 substituted by S.R. No. 75/2018 reg. 26, amended by S.R. Nos 102/2023 reg. 23, 122/2023 reg. 5, 132/2023 reg. 20.\n\n**Form 2**\n\nRegulation 37(1)\n\n**Building Permit**\n\n**Issued to**\n\n*Owner/*Agent of owner\n\nAddress for serving or giving of documents\n\n***Ownership details** (if person issued with permit is not the owner)\n\n**Builder**\n\n*Building practitioner registration no.\n\n*This builder is specified under section 24B[*state* *precise subsection*] of the **Building Act 1993** for  the building work to be carried out under this permit.\n\n***Natural person for service of directions, notices and orders** (if builder is a body corporate)\n\n**Building practitioner or architect engaged to prepare documents for this permit**\n\n[*List any building practitioner or architect engaged to prepare documents forming part of the application for this permit.*]\n\n***Details of domestic building work insurance**\n\nName of builder Name of issuer or provider\n\nPolicy number Policy cover $\n\n***Details of relevant planning permit**\n\nPlanning permit no. Date of grant of planning permit\n\nConstruction of a *new building/*extension/*alteration/*change of use/*demolition/*removal/*re-erection of a building\n\nDoes the building work relate to a small second dwelling? [**Yes/*No*]\n\n*Storeys contained\n\n*Rise in storeys (for Class 2-9 building only)\n\n*Effective height\n\n*Type of construction\n\nVersion of BCA applicable to permit\n\nStage of building work permitted Cost of building work $\n\nTotal floor area of new building work in m2\n\n**Building classification**\n\nPart of building BCA Classification\n\nPart of building BCA Classification\n\nA performance solution was used to determine compliance with the following performance requirements of the BCA that relate to the building to which this permit applies:\n\n|  | [*Insert details of performance solution(s) including applicable materials, systems, methods of building, procedures, specifications and other relevant requirements*] |\n\n***Building Appeals Board determinations and orders**\n\nThe following determinations and orders of the Building Appeals Board (the ***BAB***) relate to the building work to which this permit applies:\n\n| **Date of determination or order** | **Determination or order** | **Section of the Building Act 1993 under which application to BAB made** |\n|  | [*Insert details of determination or order including applicable materials, systems, methods of building, procedures, specifications and other relevant requirements*] |  |\n\n***Prescribed reporting authorities**\n\nThe following bodies are prescribed reporting authorities for the purposes of the application for this permit in relation to the matters set out below:\n\n| **Reporting authority** | **Matter reported on or consented to** | **Regulation no.** |\n\nA determination has been made under regulation 64(1) in relation to the building work that is the subject of this permit.\n\n***Subdivision of existing building**\n\nThis building permit authorises building work that involves the subdivision of an existing building.\n\nAn exemption has been issued under regulation 231 in relation to the building work that is the subject of this permit.\n\n***Exemption from, or consent to partial compliance with, certain requirements of the Building Regulations 2018**\n\nThe following exemption from, or a consent to partial compliance with, certain requirements of the Building Regulations 2018—\n\n(a) *was granted or given under regulation 229(2), 231(2), 233(3) or 234(2) of the Building Regulations 2018; or\n\n(b) *applies in clauses H8P1(a) and H8D2(2) of the BCA Volume Two in relation to Liveable housing design:\n\n| **Part or whole of building or place of public entertainment or building work exempt from, or given consent to partial compliance with, requirements of the Building Regulations 2018** | **Nature and scope of exemption** |\n| *[*Specify the part or whole of the building that is exempt from, or given consent to partial compliance with, the requirements of the Building Regulations 2018.*] | [*Specify the relevant regulation or performance requirement in the BCA Volume One or BCA Volume Two which the building, place of public entertainment or building work is exempt from or may partially comply with.*] |\n| *[*Specify the part or whole of the class 1 building that is exempt from, or given consent for partial compliance with, clauses H8P1(a) and H8D2(2) of the BCA Volume Two Liveable housing design.*] | [*Specify the reason and/or the circumstance for the exemption or consent being granted.*]<br>**Example**<br>*Clauses H8P1(a) and H8D2(2) of the BCA Volume Two*<br>It is not practicable to provide a step-free access path via an appurtenant garage, carport or parking space in accordance with this performance requirement because there is insufficient space available on the site on which to construct a step-free access path that would comply with this performance requirement. |\n\n**Protection work**\n\nProtection work *is/*is not required in relation to the building work proposed in this permit.\n\n**Inspection requirements**\n\nThe mandatory notification stages are\n\n[*insert mandatory stages*].\n\n**Occupation or use of building**\n\nAn *occupancy permit/*certificate of final inspection is required prior to the occupation or use of this building.\n\nIf an occupancy permit is required, the permit is required for the *whole/*part of the building in relation to which the building work is carried out.\n\n**Commencement and completion**\n\nThis building work must commence by [*insert commencement date*].\n\nIf the building work to which this building permit applies is not commenced by this date, this building permit will lapse unless an extension is applied for and granted by the relevant building surveyor before this date under regulation 59 of the Building Regulations 2018.\n\nThis building work must be completed by [*insert completion date*].\n\nIf the building work to which this building permit applies is not completed by this date this building permit will lapse, unless an extension is applied for and granted by the relevant building surveyor before this date under regulation 59 of the Building Regulations 2018.\n\n***Conditions**\n\nThis permit is subject to the following conditions\n\n[*insert conditions*].\n\n*Designated building surveyor:\n\n*Name: [*insert full name*] Building practitioner registration number:\n\nPermit no.: Date of issue of permit:\n\n* *Delete if inapplicable*\n\nForm 3\n\nRegulation 56\n\nNotice of IMMINENT lapse of building permit—Commencement of work\n\nApplicant for building permit [*insert full name*]\n\nof [*insert address of service of the applicant*]\n\nBuilding permit number:\n\nCommencement date of building work:\n\nDate issued:\n\nA copy of the relevant building permit is **attached** to this notice.\n\n**Property to which building permit relates**\n\n**FROM**:\n\nI am the relevant building surveyor appointed in relation to the issue of the building permit.\n\nIn accordance with regulation 56 of the Building Regulations 2018, I am required to give the applicant for the building permit described above notice of the imminent lapse of the building permit because it is 30 days before the commencement date of the building work and an inspection of the first mandatory notification stage of the work has not been carried out.\n\nThe building work to which the building permit described above applies must commence by [*insert commencement date specified in building permit*] or any extension granted to this date by the relevant building surveyor under regulation 59 of the Building Regulations 2018.\n\nIf the building work to which the building permit described above applies is not commenced by the commencement date, including any extension to that date, the building permit described above will lapse.\n\nA building permit that has lapsed is no longer in force for the purposes of the **Building Act 1993** and the Building Regulations 2018.\n\n** Delete whichever is inapplicable*\n\nForm 4\n\nRegulation 57\n\nNotice of IMMINENT lapse of building permit—completion of work\n\nApplicant for building permit [*insert full name*]\n\nof [*insert address of service of the applicant*]\n\nBuilding permit number:\n\nCompletion date of building work:\n\nDate issued:\n\nA copy of the relevant building permit is **attached** to this notice.\n\n**Property to which building permit relates**\n\n**FROM**:\n\nI am the relevant building surveyor appointed in relation to the issue of the building permit.\n\nIn accordance with regulation 57 of the Building Regulations 2018, I am required to give the applicant for the building permit described above notice of the imminent lapse of the building permit because it is 30 days before the completion date of the building work and an inspection of the final mandatory notification stage of the work has not been carried out.\n\nThe building work to which the building permit described above applies must be completed by [*insert completion date specified in building permit*] or any extension granted to this date by the relevant building surveyor under regulation 59 of the Building Regulations 2018.\n\nIf the building work to which the building permit described above applies is not completed by the completion date including any extension to that date, the building permit described above will lapse.\n\nA building permit that has lapsed is no longer in force for the purposes of the **Building Act 1993** and the Building Regulations 2018.\n\n** Delete whichever is inapplicable*\n\nSch. 4 Form 5 amended by S.R. No. 75/2018 reg. 27(1).\n\nForm 5\n\nRegulation 64(3)\n\nDetermination that combined ALLOTMENT is one allotment\n\n**Given to**\n\nOwner of allotment 1 in combined allotment:\n\nTelephone:\n\nOwner of *allotment 2/*adjoining land in combined allotment:\n\nTelephone:\n\n[*insert details of any other owners if more than 2 pieces of land in combined allotment*]\n\n**Details of land in combined allotment to which this determination applies**\n\n**Allotment 1, property details** [*include title details as and if applicable*]\n\n***Allotment 2/*adjoining land property details** [*include title details as and if applicable*]\n\n[*insert details of any additional allotments or land to which the application applies*]\n\nI am the *municipal building surveyor/*private building surveyor and I have determined that the combined allotment to which this determination applies can be treated as one allotment for the purposes of the **Building Act 1993** and the Building Regulations 2018.\n\nIn making this determination I have considered the matters set out in regulation 64(2) of the Building Regulations 2018 and make the following statements:\n\n1. The proposed building work to be carried out on the combined allotment is [*insert description of proposed building work*].\n2. I am satisfied that the proposed building work will not adversely impact on the structural adequacy of any existing building on the combined allotment for the following reason(s) [*insert reasons*].\n3. I am satisfied that reasonable provision will be made for the amenity of any building on the combined allotment for the following reason(s) [*insert reasons*].\n4. I am satisfied that reasonable provision will be made for the safety and health of people using any building on the combined allotment for the following reason(s) [*insert reasons*].\n5. I am satisfied that reasonable provision will be made for avoiding the spread of fire to or from any adjoining building on the combined allotment for the following reason(s) [*insert reasons*].\n\n**Made by *municipal building surveyor/*private building surveyor**\n\nRelated building permit no. (if issued before determination made):\n\nSch. 4 Form 6 amended by S.R. No. 73/2021 reg. 14.\n\nForm 6\n\nRegulation 111(4)\n\nDetermination THAT PROTECTION WORK IS REQUIRED\n\n**Issued to**\n\nOwner (referred to throughout this determination as the ***Owner***)\n\n*Agent of owner\n\n**Property subject to building permit application** (referred to throughout this determination as the ***Owner's property***)\n\n**Building permit application details** (referred to throughout this determination as the ***Owner's building permit application***)\n\nApplicant\n\nDate of application\n\n| Construction of a new building 🞏†<br>Demolition of a building 🞏†<br>Extension to an existing building 🞏†<br>Re-erection of a building 🞏†<br>Construction of swimming pool   or spa 🞏†<br>Other 🞏† | Alterations to an existing    building 🞏†<br>Removal of a building 🞏†<br>Change of use of an existing    building 🞏†<br>Construction of swimming   pool or spa barrier 🞏† |\n\n**Details of each adjoining property** (referred to throughout this determination as an ***adjoining property***)\n\n[*list each adjoining property, include title details as and if applicable*]\n\nMATTERS CONSIDERED IN MAKING THIS DETERMINATION\n\nIn making this determination I have considered the following matters set out in regulation 112 of the Building Regulations 2018:\n\n| Allotment plan provided to me under regulation 25 🞏†<br>Allotment plan provided to me under regulation 26 🞏†<br>Specifications describing materials and methods to be used in the proposed building work 🞏†<br>Any certificate under section 238 of the **Building Act 1993** from the engineer who designed the building work who is a civil engineer 🞏†<br>The nature and likely extent of any damage or other adverse effect on the stability or otherwise of an<br>adjoining property that may be caused by the proposed building   work 🞏† | Demolition required as part of the proposed building work 🞏†<br>Excavation required as part of the proposed building work 🞏†<br>Any proposed building work in relation to party walls and retaining walls 🞏†<br>Any certificate under section 238 of the **Building Act 1993** from an independent engineer who is a civil engineer, certifying that the structural design of the building work complies with that Act and the Building Regulations 2018 🞏†<br>Other matters that I consider appropriate to determine the need for protection work 🞏† |\n\n1. I am the relevant building surveyor appointed on [*insert date*] under Part 6 of the **Building Act 1993** by or on behalf of the Owner in relation to the Owner's building permit application.\n2. I am required by the Building Regulations 2018 to determine if protection work is required for any adjoining property as a result of building work proposed in the Owner's building permit application.\n3. I have determined that the Owner must carry out protection work in respect of each adjoining property identified in this determination in accordance with Part 7 of the **Building Act 1993** and Part 7 of the Building Regulations 2018.\n4. The proposed building work that gives rise to the need for protection work is [*insert description of all building work proposed in the Owner's building permit application which poses a risk of significant damage to an adjoining property identified above*].\n5. This determination triggers the protection work process set out in Part 7 of the **Building Act 1993**, which is supported by Part 7 of the Building Regulations 2018.\n\n**Made by relevant building surveyor**\n\nRelated building permit no. (if known):\n\nDate of issue of determination:\n\n*†*  *Tick if applicable*\n\nSch. 4 Form 7 amended by S.R. No. 40/2019 reg. 30(1).\n\nForm 7\n\nRegulation 113\n\nProtection Work Notice\n\nAdjoining owner\n\n**Adjoining owner's property details (the *adjoining property*)**\n\n*Owner/*agent\n\nName of owner [*insert full name*]\n\n**Owner's property details**\n\n*Name of agent\n\n**NOTICE**\n\nIn accordance with section 84 of the **Building Act 1993**, I give notice of my intention to carry out the following building work on my property and request your agreement to the proposed protection work which affects your adjoining property.\n\nIn accordance with section 85 of the **Building Act 1993**, and subject to sections 90 and 91 of that Act, you will be taken to have agreed to the protection works proposed in this notice if you do not respond within 14 days after this notice is served on you.\n\nA response to this notice must be in the form of Form 8 of the Building Regulations 2018, include the information in that form, and be given to the owner and the relevant building surveyor whose details are set out in this notice.\n\n**Details of proposed building work**\n\n[*insert details including details about damage etc. that may be caused to adjoining property*]\n\n**Details of proposed protection work**\n\n[*insert the nature, location, time and duration of the proposed protection work, including the extent to which access to the adjoining property will be required for the purpose of undertaking the proposed protection work*]\n\n**Information about protection of an adjoining owner under the Building Act 1993 in relation to proposed protection work**\n\nIn accordance with section 92 of the **Building Act 1993**, at any time after this notice is given to the adjoining owner, the relevant building surveyor must make available to the adjoining owner, on request, for inspection, without charge, any plans, drawings and specifications of the proposed building work in the possession or control of the relevant building surveyor. The relevant building surveyor's name and contact details are on page 1 of this notice.\n\nIf the proposed protection work is agreed to by the adjoining owner or determined as being appropriate by the relevant building surveyor under section 87(1) of the **Building Act 1993** or by the Building Appeals Board under section 141 of the **Building Act 1993** (as the case requires), the owner must—\n\n1. before the commencement of any protection work—\n  1. ensure that a contract of insurance is in force in accordance with section 93 of the **Building Act 1993** against damage by the protection work to the adjoining property and other liabilities described in that section; and\n  2. make a full and adequate survey of the adjoining property in accordance with section 94 of the **Building Act 1993**; and\n2. pay to an adjoining owner all costs and expenses necessarily incurred by the adjoining owner in assessing proposed protection work and in supervising the carrying out of protection work in relation to an adjoining property in accordance with section 97 of the **Building Act 1993**; and\n3. compensate an adjoining owner or an adjoining occupier for inconvenience, loss or damage suffered by the adjoining owner or adjoining occupier in connection with the carrying out of protection work in accordance with section 98 of the **Building Act 1993** or an order of the Building Appeals Board under section 159 of that Act.\n\nSignature of *owner/*owner's agent\n\nDate\n\nForm 8\n\nRegulation 114\n\nProtection Work Response Notice\n\n*Owner/*owner's agent\n\n**Address of owner's property on which building work is to be carried out**\n\n*Adjoining owner/*adjoining owner's agent\n\n**Address of my adjoining property**\n\n**Response from adjoining owner**\n\nIn accordance with section 85 of the **Building Act 1993**, I am responding to the notice served on me by the owner under section 84 of that Act and—\n\n(a) agree to the proposed protection work 🞏†\n\n(b) disagree with the proposed protection work 🞏†\n\n(c) request the following further information 🞏†\n\nSignature of *adjoining owner/*adjoining owner's agent\n\nDate\n\nForm 9\n\nRegulation 115(a)\n\nnotice of determination under section 87 of the Act\n\n*Owner/*owner's agent\n\n**Address of owner's property on which building work is to be carried out**\n\nNumber Street/road\n\nCity/suburb/town\n\n**And to**\n\n*Adjoining owner/*adjoining owner's agent\n\n**Address of adjoining property**\n\n  1. I am the relevant building surveyor appointed on [*insert date*] under Part 6 of the **Building Act 1993** by or on behalf of the owner, [*insert full name of owner of the property on which building work is being carried out*].\n\n2. On [*insert date*] I received from the adjoining owner a notice under section 85(1)(b) of the **Building Act 1993** (the ***adjoining owner's notice***).\n\n3. In the adjoining owner's notice, the adjoining owner *disagreed with the proposed protection work/*required more information to be given to enable the proposal for protection work to be considered by me. I **attach** a copy of the adjoining owner's notice to this determination.\n\n4. As a result of the adjoining owner's notice, I am required by the **Building Act 1993** to examine the owner's proposal for protection work.\n\n5. I received the owner's proposal for protection work under section 84 of the **Building Act 1993** on [*insert date*] (the ***owner's proposal for protection work***). I **attach** the owner's proposal for protection work to this determination.\n\n6. In making this determination, I have examined the owner's proposal for protection work.\n\n*7. Before making this determination, I requested the following additional information from the owner under section 87(2)(a) of the **Building Act 1993** [*specify relevant information*]. I received this information on [*insert date*].\n\n\t*****8. On [*insert date*], I made a copy of the additional information (referred to in paragraph 7 above) available to the adjoining owner.\n\n\t*****9. In determining the appropriateness or otherwise of the owner's proposal for protection work, I made the following inquiries under section 87(3) of the **Building Act 1993** [*specify any relevant inquiry made*].\n\n10. After considering all matters required of me under the **Building Act 1993** and the Building Regulations 2018, I determine the owner's proposal for protection work is *appropriate/*not appropriate.\n\n**Made by relevant building surveyor**\n\nRelated building permit no. (if known):\n\nDate determination made:\n\n**Rights of appeal under section 141 of the Building Act 1993**\n\nAn owner required to carry out protection work or an adjoining owner may appeal to the Building Appeals Board against—\n\n(a) a determination under section 87 of the **Building Act 1993** as to the appropriateness of the work; or\n\n(b) a declaration under section 89 of the **Building Act 1993**; or\n\n(c) a failure, within a reasonable time, or refusal to make that determination or declaration; or\n\n(d) a request under section 87 of the **Building Act 1993** to give more information.\n\n**Appeal period**\n\nFor the purposes of section 146 of the **Building Act 1993**, the prescribed appeal period for an appeal against a determination by the relevant building surveyor under section 87(1) of the **Building Act 1993** is 14 days from the day the owner and the adjoining owner are given notice of the determination.\n\nA determination by the relevant building surveyor under section 87(1) of the **Building Act 1993**, does not take effect until—\n\n(a) the end of the prescribed appeal period of 14 days, if there is no appeal; or\n\n(b) the decision is affirmed on appeal.\n\nSch. 4 Form 10 amended by S.R. Nos 180/2018 reg. 13(1), 40/2019 reg. 30(2).\n\nForm 10\n\nRegulation 178\n\nEmergency order\n\nThis emergency order is made under section 102 of the **Building Act 1993**.\n\n*WARNING: THIS ORDER HAS BEEN SERVED IN ACCORDANCE WITH SECTION 236(4A) OF THE **BUILDING ACT 1993**. UNDER SECTION 236(7) OF THAT ACT, IT IS AN OFFENCE FOR A PERSON TO REMOVE OR DEFACE THIS ORDER WITHOUT THE PRIOR CONSENT OF THE RELEVANT BUILDING SURVEYOR, THE RELEVANT COUNCIL OR THE VICTORIAN BUILDING AUTHORITY. THE MAXIMUM PENALTY FOR THIS OFFENCE IS 500 PENALTY UNITS FOR A NATURAL PERSON AND 2500 PENALTY UNITS FOR A BODY CORPORATE.\n\nThe *owner/*occupier/*builder/*person or class of person [*insert full name or describe class of person*]\n\nOf [*insert address for service on the owner, occupier, builder or person or class of person*]\n\n***AND TO:**\n\nAny other person or class of person [*insert full name or describe class of person*]\n\nOf [*insert address for service on person or class of person*]\n\nI am the municipal building surveyor of [*insert name of municipal district*].\n\nThe municipal building surveyor is authorised to cause an emergency order to be served on the *owner/*occupier/*builder of the *building/*land/*place of public entertainment to which this order applies under Division 1 of Part 8 of the **Building Act 1993**.\n\n**LOCATION OF THE** ***BUILDING/*****LAND/*****PLACE OF PUBLIC ENTERTAINMENT TO WHICH THIS ORDER APPLIES:**\n\nI, being the municipal building surveyor, order that:\n\n\t*****1. By [*insert time*] on [*insert date*], the *owner/*occupier of [*insert description and address of building, land or place* *of public entertainment*] must evacuate the *building/*land/*place of public entertainment.\n\n\t*****2. By [*insert time*] on [*insert date*], [*specify the person or class of person served with this order*] must vacate the *building/*land/ *place of public entertainment [*insert description and address of building, land or place of public entertainment*].\n\n**Note:** This order may only be made if order 1 is made.\n\n\t*****3. At [*insert time*] on [*insert date*], entry into the *building/*land/ *place of public entertainment [*insert description and address of building, land or place of public entertainment*] by [*specify person or class of person served with this order*] is prohibited for a period of [*insert period of time of prohibition*].\n\n\t*****4. At [*insert time*] on [*insert date*], use of the *building/*land/*place of public entertainment [*insert description and address of building, land or place of public entertainment*] by [*specify person or class of person served with this order*] is prohibited for a period of [*insert period of time of prohibition*] for [*specified prohibited use*].\n\n\t*****5. At [*insert time*] on [*insert date*], occupation of the *building/ *land/ *place of public entertainment [*insert description and address of relevant building, land or place of public entertainment*] by [*specify person or class of person served with this order*] is prohibited for a period of [*insert period of time of prohibition*].\n\n\t*****6. The *owner/*occupier of the place of public entertainment [*insert description and address of place of public entertainment*] must not conduct nor allow the conduct of a public entertainment at this place of public entertainment.\n\n\t*****7. The *owner/*occupier of the place of public entertainment [*insert description and address of place of public entertainment*] must immediately cease to conduct *all/*specified public entertainment [*specify public entertainment to be ceased if applicable*] at this place of public entertainment.\n\n\t*****8. By [*insert time*] on [*insert date*], the *owner/*occupier must stop building work on the *building/*land/*place of public entertainment [*insert description and address of building, land or place of public entertainment*] that is [*insert description of building work that must stop*].\n\n\t*****9. By [*insert time*] on [*insert date*], the *owner/*occupier of [*insert description and address of building, land or place of public entertainment*] must carry out the following building work or other work [*insert detailed description of building work or other work required to be carried out by this order*] to make the *building/ *land/*place of public entertainment safe.\n\n\t*****10. By [*insert time*] on [*insert date*], the *owner/*occupier of [*insert description and address of building, land or place of public entertainment*] must carry out the following building work or other work [*insert detailed description of building work or other work required to be carried out by this order*] to secure the *building/ *land/*place of public entertainment from access.\n\n\t*****11. By [*insert time*] on [*insert date*], the owner must cause the *building/*land/*place of public entertainment [*insert description and address of relevant building, land or place of public entertainment*] to be inspected by [*name of specified person*].\n\n\t*****12. By [*insert time*] on [*insert date*], the *owner/*builder must cause [*specified material*] used in the *building/*land/*place of public entertainment [*insert description and address of building, land or place of public entertainment*] to be tested by [*name of specified person*].\n\n*13. By [*insert time*] on [*insert date*], the *owner/*builder must cause [*insert the building product or material*] used in the building [*insert description and address of building*] to be destructively tested by a prescribed testing authority.\n\n14. The *owner/*builder must provide the results of the destructive testing to *the municipal building surveyor/*[*name and address of other person authorised by the municipal building surveyor to receive the results*] within [*specified time*] after the prescribed testing authority completes the destructive testing.\n\n*The date and time of any inspection of the *building/*land/*place of public entertainment carried out by me, as the municipal building surveyor,  are:\n\n[*list any inspections carried out by municipal building surveyor*]\n\n*The date and time of any inspection of the *building/*land/*place of public entertainment relied on by me as the municipal building surveyor for the purpose of making this order, and the name and qualifications of the person or persons who conducted the inspection, are:\n\n[*List details of any inspections relied on by the municipal building surveyor*]\n\n**REASON(S) WHY THIS EMERGENCY ORDER WAS MADE:**\n\nIn accordance with section 102 of the **Building Act 1993**, I am of the opinion that this order is necessary because of a—\n\n***Danger to life arising out of the condition of the *building/*land/*place of public entertainment**\n\n[*state reason(s) why the condition of the building, land or place of public entertainment causes a danger to life*]\n\n***Danger to life arising out of the use of the *building/*land/*place of public entertainment**\n\n[*state reason(s) why the use of the building, land or place of public entertainment causes a danger to life*]\n\n***Danger to life arising out of a proposed use of the *building/*land/ *place of public entertainment**\n\n[*state reason(s) why a proposed use of the building, land or place of public entertainment may cause a danger to life*]\n\n***Danger to property arising out of the condition of the *building/*land/ *place of public entertainment**\n\n[*state reason(s) why the condition of the building, land or place of public entertainment causes a danger to property*]\n\n***Danger to property arising out of the use of the *building/*land/*place of public entertainment**\n\n[*state reason(s) why the use of the building, land or place of public entertainment causes a danger to property*]\n\n***Danger to property arising out of a proposed use of the *building/ *land/*place of public entertainment**\n\n[*state reason(s) why a proposed use of the building, land or place of public entertainment causes a danger to property*]\n\n**EMERGENCY ORDER MADE AND SERVED BY:**\n\n**The municipal building surveyor**\n\nMunicipal district:\n\nEmergency order no.:\n\nSch. 4 Form 11 amended by S.R. Nos 180/2018 reg. 13(2), 40/2019 reg. 30(3).\n\nForm 11\n\nRegulation 180\n\nbuilding notice\n\nThis building notice is served under section 106 of the **Building Act 1993**.\n\n*WARNING: THIS NOTICE HAS BEEN SERVED IN ACCORDANCE WITH SECTION 236(4A) OF THE **BUILDING ACT 1993**. UNDER SECTION 236(7) OF THAT ACT, IT IS AN OFFENCE FOR A PERSON TO REMOVE OR DEFACE THIS NOTICE WITHOUT THE PRIOR CONSENT OF THE RELEVANT BUILDING SURVEYOR, THE RELEVANT COUNCIL OR THE VICTORIAN BUILDING AUTHORITY. THE MAXIMUM PENALTY FOR THIS OFFENCE IS 500 PENALTY UNITS FOR A NATURAL PERSON AND 2500 PENALTY UNITS FOR A BODY CORPORATE.\n\n*I am the private building surveyor appointed to carry out functions under the **Building Act 1993** in relation to the *building/*land/*place of public entertainment which is the subject of this notice.\n\nI am authorised to cause a building notice to be served on you, as owner of the *building/*land/*place of public entertainment to which this notice applies, under Division 2 of Part 8 of the **Building Act 1993**.\n\n**LOCATION OF THE *BUILDING/*LAND/*PLACE OF PUBLIC ENTERTAINMENT TO WHICH THIS NOTICE APPLIES:**\n\n*The date and time of an inspection of the *building/*land/*place of public entertainment carried out by myself as the relevant building surveyor was:\n\n*The date and time of an inspection relied on by myself as the relevant building surveyor for the purpose of serving this notice, and the name and qualifications of the person or persons who conducted the inspection, are:\n\n**REASON(S) WHY THIS NOTICE WAS SERVED:**\n\nIn accordance with section 106 of the **Building Act 1993**, I am of the opinion that the following *circumstance/*circumstances exist(s):\n\n***Building work carried out without a building permit being issued and in force under the Building Act 1993**\n\nThe following building work has been carried out on the *building/*land/ *place of public entertainment without a building permit as required by the **Building Act 1993**\n\n[*insert description here of building work carried out on the relevant building, land or place of public entertainment without a building permit, including details of when this building work was carried out*]\n\n***Building work carried out in contravention of a building permit**\n\nBuilding work has been carried out on the *building/*land/*place of public entertainment in contravention of a building permit.\n\nThe particulars of the relevant building permit are:\n\nBuilding permit no.:\n\nDate of issue of building permit:\n\nThe building work that contravenes the building permit is: [*insert description of relevant building work* *and* *state reason(s) why the building work does not comply with the building permit identified above*]\n\nA copy of the relevant building permit is **attached** to this order.\n\n***Building work has been carried out in contravention of the Building Act 1993**\n\nThe following building work has been carried out on the *building/*land/ *place of public entertainment in contravention of the **Building Act 1993**:\n\n[*insert description of relevant building work and state reason(s) why this building work does not comply with the* ***Building Act 1993****, using specific references to the section(s) of that Act that have been breached by the building work*]\n\n***Building work carried out in contravention of the Building Regulations 2018 (this includes building work carried out in contravention of the Building Code of Australia)**\n\nBuilding work has been carried out on the *building/*land/*place of public entertainment in contravention of the Building Regulations 2018.\n\n[*insert description of relevant building work and state reason(s) why building work does not comply with the Building Regulations 2018, using specific references to the regulation(s) that have been breached by the building work, including clauses of the BCA if applicable*]\n\n***Use of building or place of public entertainment in contravention of the Building Act 1993**\n\nThe use of the *building/*place of public entertainment contravenes the **Building Act 1993**.\n\n[*state reason(s) why use or uses of the building or place of public entertainment do not comply with the* ***Building Act 1993****, using specific references to the section(s) of that Act that have been breached by the use or uses*]\n\n***Use of *building/*place of public entertainment in contravention of the Building Regulations 2018**\n\nThe use of the *building/*place of public entertainment contravenes the Building Regulations 2018.\n\n[*state reason(s) why the use or uses of the building or place of public entertainment do not comply with the Building Regulations 2018, using specific references to the regulation(s) that have been breached by the use or uses*]\n\n***Safety or emergency services, installations or equipment have not been maintained in accordance with the occupancy permit and the Building Regulations 2018**\n\nThe following safety or emergency service(s), installation(s) or equipment have not been maintained in accordance with the occupancy permit and the Building Regulations 2018.\n\n[*insert description of each safety or emergency service, installation or equipment that has not been maintained, using specific references to the regulation(s) or the requirement(s) in the occupancy permit that the emergency service, installation or equipment has not been maintained in accordance with*].\n\n***Building/*place of public entertainment unfit for occupation or use as a place of public entertainment**\n\n*The building is unfit for occupation.\n\n*The place of public entertainment is unfit for occupation or for use as a place of public entertainment.\n\n[*state reason(s) why the building or place of public entertainment is unfit for occupation or for use as a place of public entertainment*]\n\n***Danger to life, safety or health from *building/*land/*place of public entertainment**\n\nThe *building/*land/*place of public entertainment is a danger to the life, safety or health of any member of the public or of any person using the *building/*land/*place of public entertainment or to any property.\n\n[*state reason(s) why the building, land or place of public entertainment or building work on the building, land or place of public entertainment is a danger to the life, safety or health of any member of the public or of any person using the building, land or place of public entertainment or to any property*]\n\n***Danger to life, safety or health from building work**\n\nBuilding work on the *building/*land/*place of public entertainment  is a danger to the life, safety or health of any member of the public or of any person using the *building/*land/*place of public entertainment or to any property.\n\n[*state reason(s) why building work on the building, land or place of public entertainment is a danger to the life, safety or health of any member of the public or of any person using the building, land or place of public entertainment or to any property*]\n\n***Failure to comply with a direction to fix building work under Division 2 of Part 4 of the Building Act 1993**\n\nThere has been a failure to comply with a direction to fix building work under Division 2 of Part 4 of the **Building Act 1993**.\n\n[*state reason(s) why the building surveyor issuing this notice believes the direction has not been complied with*]\n\nA copy of the relevant direction is **attached** to this notice.\n\n**SHOW CAUSE PROCESS:**\n\nUnder section 108 of the **Building Act 1993**, you are required to show cause within 30 days of the date of service of this notice—\n\n*why entry, use, or occupation of the *building/*land/*place of public entertainment should not be prohibited.\n\n*why you should not be required to evacuate the *building/*land/*place of public entertainment.\n\n*why you should not be required to carry out the building work, protection work or work required by the Building Regulations 2018 identified in this notice in relation to the *building/*land/*place of public entertainment.\n\n[*insert description of building work, protection work or other work that may be required by a building order to remedy the circumstances identified in this notice*]\n\n**Specified period for making representations:**\n\n[*insert specified period for making representations*]\n\n**Specified manner for making representations:**\n\nThe manner for making representations in response to the matters contained in this notice is [*insert specifics of the relevant building surveyor's preferred manner for receiving representations in response to this notice*].\n\n**BUILDING NOTICE SERVED BY:**\n\nBuilding notice no.:\n\nSch. 4 Form 12 amended by S.R. Nos 180/2018 reg. 13(3), 40/2019 reg. 30(4).\n\nForm 12\n\nRegulation 182(1)\n\nbuilding order (general)\n\nThis building order is made under section 111 of the **Building Act 1993**.\n\n*WARNING: THIS ORDER HAS BEEN SERVED IN ACCORDANCE WITH SECTION 236(4A) OF THE **BUILDING ACT 1993**. UNDER SECTION 236(7) OF THAT ACT, IT IS AN OFFENCE FOR A PERSON TO REMOVE OR DEFACE THIS ORDER WITHOUT THE PRIOR CONSENT OF THE RELEVANT BUILDING SURVEYOR, THE RELEVANT COUNCIL OR THE VICTORIAN BUILDING AUTHORITY. THE MAXIMUM PENALTY FOR THIS OFFENCE IS 500 PENALTY UNITS FOR A NATURAL PERSON AND 2500 PENALTY UNITS FOR A BODY CORPORATE.\n\nThe *owner/*occupier/*any person/*class of person [*insert full name or describe class of person*]\n\nOf [*insert address for service of owner, occupier or person or class of person*]\n\n***AND TO:**\n\nAny other person or class of person [*insert full name or describe class of person*]\n\nOf [*insert address for service on person or class of person*]\n\n*I am the private building surveyor appointed to carry out functions under the **Building Act 1993** in relation to the *building/*land/*place of public entertainment which is the subject of this building order.\n\nI am authorised to make a building order under section 111 of the **Building Act 1993**.\n\n**LOCATION OF THE *BUILDING/*LAND/*PLACE OF PUBLIC ENTERTAINMENT TO WHICH THIS NOTICE APPLIES:**\n\n*1. By [*insert time*] on [*insert date*], the *owner/*occupier of the [*insert description and address of building/land/place of public entertainment*] **MUST** evacuate the *building/*land/*place of public entertainment.\n\n*2. By [*insert time*] on [*insert date*], any person or class of person served with this order must vacate the *building/*land/*place of public entertainment [*insert description and address of building, land or place of public entertainment*].\n\n*3. At [*insert time*] on [*insert date*], entry into the *building/*land/ *place of public entertainment [*insert description and address of building, land or place of public entertainment*] by [*specify person or class of person served with this order*] is prohibited for a period of [*insert period of time of prohibition*] unless permitted by the municipal building surveyor.\n\n*4. At [*insert time*] on [*insert date*], use of the *building/*land/*place of public entertainment [*insert description and address of building, land or place of public entertainment*] by [*specify person or class of person served with this order*] is prohibited for a period of [*insert period of time of prohibition*] for [*specified prohibited use*] unless permitted by the municipal building surveyor.\n\n*5. At [*insert time*] on [*insert date*], occupation of the *building/*land/ *place of public entertainment [*insert description and address of relevant building, land or place of public entertainment*] by [*specify person or class of person served with this order*] is prohibited for a period of [*insert period of time of prohibition*] unless permitted by the municipal building surveyor.\n\n*6. By [*insert time*] on [*insert date*], the owner of the *building/*land/ *place of public entertainment [*insert description and address of building, land or place of public entertainment*] **MUST** carry out the following building work [*insert detailed description of building work required to be carried out by this order*].\n\n*7. By [*insert time*] on [*insert date*], the owner of the *building/*land/ *place of public entertainment [*insert description and address of building, land or place of public entertainment*] **MUST** carry out the following protection work [*insert detailed description of protection work required to be carried out by this order*].\n\n*8. By [*insert time*] on [*insert date*], the owner of the *building/*land/ *place of public entertainment [*insert description and address of building, land or place of public entertainment*] **MUST** carry out the following other work as required by the Building Regulations 2018 in relation to the *building/*land/*place of public entertainment [*insert detailed description of other work required to be carried out by the Building Regulations 2018, including the BCA. Include references to the relevant regulation and/or clauses of the BCA*].\n\n*9. By [*insert time*] on [*insert date*], the owner must cause the *building/*land/*place of public entertainment [*insert description and address of relevant building, land or place*] to be inspected by [*name of specified person*].\n\n*10. By [*insert time*] on [*insert date*], the *owner/*builder must cause [*describe* *specified material*] used in the *building/*land/*place of public entertainment [*insert description and address of building, land or place of public entertainment*] to be tested by [*name of specified person*].\n\n*11. By [*insert time*] on [*insert date*], the *owner/*builder must arrange for [*insert the building product or material*] used in the building [*insert description and address of building*] to be destructively tested by a prescribed testing authority.\n\n12. The *owner/*builder must provide the results of the destructive testing to *the relevant building surveyor/*[*name and address of other person authorised by the relevant building surveyor to receive the results*] within [*specified time*] after the prescribed testing authority completes the destructive testing.\n\nIn accordance with section 111 of the **Building Act 1993**, I am of the opinion that the following *circumstance/*circumstances exist(s):\n\n***Building work was carried out without a building permit being issued and in force under the Building Act 1993**\n\nThe following building work has been carried out on the *building/*land/ *place of public entertainment without a building permit as required by the **Building Act 1993**:\n\n[*insert description here of building work carried out on the relevant building, land or place of public entertainment without a building permit*]\n\n***Building work carried out in contravention of a building permit**\n\nBuilding work has been carried out on the *building/*land/*place of public entertainment in contravention of a building permit.\n\nThe particulars of the relevant building permit are—\n\nBuilding permit no.:\n\nDate of issue of building permit:\n\nThe building work that contravenes the permit is [*describe work*].\n\n[*state reason(s) for why the building work does not comply with the building permit identified immediately above*]\n\nA copy of the relevant building permit is **attached** to this order.\n\n***Building work has been carried out in contravention of the Building Act 1993**\n\nBuilding work has been carried out on the *building/*land/*place of public entertainment in contravention of the **Building Act 1993**.\n\nThe building work that contravenes the **Building Act 1993** is [*describe work*].\n\n[*state reason(s) why building work does not comply with the* **Building Act 1993***, using specific references to the section(s) of that Act that have been breached by the building work*]\n\n***Building work has been carried out in contravention of the Building Regulations 2018 (this includes building work carried out in contravention of the Building Code of Australia)**\n\nBuilding work has been carried out on the *building/*land/*place of public entertainment in contravention of the Building Regulations 2018.\n\nThe building work that contravenes the Building Regulations 2018 is [*describe work*].\n\n[*state reason(s) why building work does not comply with the Building Regulations 2018, using specific references to the regulation(s) that have been breached by the building work, including clauses of the BCA if applicable*]\n\n***The use of the building or place of public entertainment contravenes the Building Act 1993**\n\nThe use of the *building/*place of public entertainment as a [*insert description of use*] contravenes the **Building Act 1993**.\n\n[*state reason(s) why use or uses of the building or place of public entertainment do not comply with the* **Building Act 1993***, using specific references to the section(s) of that Act that have been breached by the use or uses*]\n\n***The use of the building or place of public entertainment contravenes the Building Regulations 2018**\n\nThe use of the *building/*place of public entertainment as a [*insert description of use*] contravenes the Building Regulations 2018.\n\n[*state reason(s) why the use or uses of the building or place of public entertainment do not comply with the Building Regulations 2018, using specific references to the regulation(s) that have been breached by the use or uses*]\n\n***Safety or emergency services, installations or equipment have not been maintained in accordance with the occupancy permit and the Building Regulations 2018**\n\nSafety or emergency services, installations or equipment in the *building/ *land/*place of public entertainment have not been maintained in accordance with the occupancy permit and the Building Regulations 2018.\n\n[*detail the safety or emergency services, installations or equipment that have not been maintained, and identify the requirement in the occupancy permit or the Building Regulations 2018 that each safety or emergency service, installation or equipment has not been maintained in accordance with*]\n\n***Building or place of public entertainment is unfit for occupation**\n\n*The building is unfit for occupation.\n\n*The place of public entertainment is unfit for occupation or for use as a place of public entertainment.\n\n[*state reason(s) why the building or place of public entertainment is unfit for occupation or for use as a place of public entertainment*]\n\n***A building or place of public entertainment is a danger to life, safety or health**\n\nThe *building/*land/*place of public entertainment  is a danger to the life, safety or health of any member of the public or of any person using the *building/*land/*place of public entertainment or to any property.\n\n[*state reason(s) why the building, land or place is a danger to the life, safety or health of any member of the public or of any person using the building, land or place of public entertainment or to any property*]\n\n***Building work is a danger to life, safety or health**\n\nBuilding work on the *building/*land/*place of public entertainment  is a danger to the life, safety or health of any member of the public or of any person using the *building/*land/*place of public entertainment or to any property.\n\n[*state reason(s) why building work on the building, land or place is a danger to the life, safety or health of any member of the public or of any person using the building, land or place of public entertainment or to any property*]\n\n**DETAILS OF RELEVANT BUILDING NOTICE:**\n\nDate of service of building notice:\n\nDue date for making representations as specified in the building notice:\n\nA copy of the relevant building notice is **attached** to this building order.\n\nAt the date of making this order, the due date for the owner to make representations has now expired.\n\n*Representations were made by the owner. After considering these representations, I am of the opinion that, for the reasons set out in this order, the making of this building order is warranted.\n\n*Representations were not made by the owner.\n\n*The date and time of any inspection of the *building/*land/*place of public entertainment carried out by myself as the relevant building surveyor was—\n\n*The date and time of any inspection relied on by myself as the relevant building surveyor for the purpose of making this order, and the name and qualifications of the person or persons who conducted the inspection are—\n\n**BUILDING ORDER MADE BY:**\n\nBuilding order no.:\n\nSch. 4 Form 13 amended by S.R. No. 40/2019 reg. 30(5).\n\nForm 13\n\nRegulation 182(2)\n\nBuilding order to stop BUILDING work\n\nThis building order is made under section 112 of the **Building Act 1993**.\n\nOR\n\nOther person [*insert name of person other than the owner required by this building order to stop building work*]\n\nOf [*insert address for service on person named immediately above*]\n\n*I am the private building surveyor appointed to carry out functions under the **Building Act 1993** in relation to the *building/*land/*place of public entertainment which is the subject of this building order.\n\nI am authorised by section 112 of the **Building Act 1993** to make this building order.\n\n**LOCATION OF THE *BUILDING/*LAND/*PLACE OF PUBLIC ENTERTAINMENT TO WHICH THIS ORDER APPLIES:**\n\n**STOP WORK ORDER:**\n\n*1. By [*insert time*] on [*insert date*], the owner must stop the following building work on the *building/*land/*place of public entertainment located at [*insert address*]: [*insert description of building work that must stop*].\n\n*2. By [*insert time*] on [*insert date*], [*insert name of person other than owner who is subject to this stop work order*] must stop the following building work on the *building/*land/*place of public entertainment located at [*insert address*]: [*insert description of building work that must stop*].\n\n***EXEMPT BUILDING WORK:**\n\nThe following building work or part of the building work is exempt from this stop work order:\n\n[*Specify building work that is exempt from the stop work order if the relevant building surveyor considers that it is necessary for the exempt work to be carried out and the reasons for the exemption *in the interests of the safety or security of the building, land or place of public entertainment on which the building work is being carried out/*in the interests of the safety or health of any member of the public/*to prevent a nuisance to members of the public or occupiers of nearby properties.*]\n\n*The date and time of any inspection/s of the *building/*land/*place of public entertainment carried out by myself as the relevant building surveyor was—\n\n*The date and time of any inspection relied on by myself as the relevant building surveyor for the purpose of making this order, and the name and qualifications of the person or persons who conducted the inspection are—\n\nIn accordance with section 112 of the **Building Act 1993**, I am of the opinion that—\n\n***Building work contravenes the Building Act 1993**\n\nBuilding work has been carried out on the *building/*land/*place of public entertainment in contravention of the **Building Act 1993**. The building work that contravenes the **Building Act 1993** is [*describe work*].\n\n[*state reason(s) why the building work does not comply with the* ***Building Act 1993****, using specific references to the section(s) of that Act that have been breached by the building work*]\n\n***Building work contravenes the Building Regulations 2018**\n\nBuilding work has been carried out on the *building/*land/*place of public entertainment in contravention of the Building Regulations 2018.\n\nThe building work that contravenes the Building Regulations 2018 is [*describe work*].\n\n[*state reason(s) why the building work does not comply with the Building Regulations 2018, using specific references to the regulation(s) that have been breached by the building work, including clauses of the BCA where applicable*]\n\n***Building work is a danger to life, safety or health**\n\nBuilding work is a danger to the life, safety or health of any member of the public or of any person using the *building/*land/*place of public entertainment or to any property.\n\nThe building work that is a danger to life, safety or health is [*describe work*].\n\n[*state reason(s) why the building work is a danger to the life, safety or health of any member of the public or of any person using the building, land or place of public entertainment or to any property*]\n\n***Building work affects the support of any adjoining property**\n\nBuilding work affects the support of any adjoining property.\n\n[*state reason(s) why the building work is affecting the stability of any adjoining property, including details of the location of the adjoining property affected*]\n\n**BUILDING ORDER TO STOP BUILDING WORK MADE BY:**\n\nBuilding order to stop building work no.:\n\nSch. 4 Form 14 amended by S.R. No. 40/2019 reg. 30(5).\n\nForm 14\n\nRegulation 182(3)\n\nbuilding order—Minor work\n\nThis building order is made under section 113 of the **Building Act 1993**.\n\nOf [*insert address for service of the owner*]\n\n*I am the private building surveyor appointed to carry out functions under the **Building Act 1993** in relation to the *building/*land/*place of public entertainment which is the subject of this building order.\n\nI am authorised by section 113 of the **Building Act 1993** to make this building order.\n\n**LOCATION OF THE *BUILDING/*LAND/*PLACE OF PUBLIC ENTERTAINMENT TO WHICH THIS ORDER APPLIES:**\n\n*1. By [*insert time*] on [*insert date*], the owner of the *building/*land/ *place of public entertainment [*insert description and address of building, land or place of public entertainment*] **MUST** carry out the following building work as required by the Building Regulations 2018 [*insert detailed description of work required to be carried out by the Regulations, including the BCA. Include references to the relevant regulation(s) and/or clauses of the BCA*].\n\n*2. By [*insert time*] on [*insert date*], the owner of the *building/*land/ *place of public entertainment [*insert description and address of building, land or place of public entertainment*] **MUST** carry out the following protection work [*insert detailed description of protection work required to be carried out by this order, including details of adjoining property that will receive the benefit of this work*].\n\n*3. By [*insert time*] on [*insert date*], the owner of the *building/*land/ *place of public entertainment [*insert description and address of building, land or place of public entertainment*] **MUST** carry out the following other work as required by the Building Regulations 2018 in relation to the *building/*land/*place of public entertainment [*insert detailed description of other work required to be carried out by the Regulations, including the BCA. Include references to the relevant regulation(s) and/or clauses of the BCA*].\n\n**INSPECTION DETAILS:**\n\n*The date and time of any inspection/s of the *building/*land/*place of public entertainment carried out by myself as the relevant building surveyor was—\n\n*The date and time of any inspection/s relied on by myself as the relevant building surveyor for the purpose of making this order, and the name and qualifications of the person or persons who conducted the inspection are—\n\nIn accordance with section 113 of the **Building Act 1993**, I am of the opinion that—\n\n***The work required by this order is of a minor nature.**\n\n***Building work of a minor nature is required to be carried out**\n\nThe building work required by this order is [*describe work*].\n\n[*state reason(s) why building work of a minor nature is required to be carried out*]\n\n***Protection work of a minor nature is required to be carried out**\n\nThe protection work required by this order is [*describe work*].\n\n[*state reason(s) why protection work of a minor nature is required to be carried out*]\n\n***Other work of a minor nature is required to be carried out**\n\nThe other work required by this order is [*describe work*].\n\n[*state reason(s) why the other work is required to be carried out*]\n\n**BUILDING ORDER MADE BY:**\n\nBuilding order no.:\n\nDate made:\n\nForm 15\n\nRegulation 186(1)\n\nApplication for Occupancy Permit\n\nName Class Registration no.\n\nThis application is made by the *owner/*agent of the owner of the property.\n\nName of applicant *ACN/*ARBN\n\nContact person (if applicant not a natural person)\n\nIn accordance with *section 42/*section 54 of the **Building Act 1993**, I apply for an occupancy permit for the *building/*place of public entertainment situated at—\n\n**Nature of Application**\n\n| New building 🞏†<br>Alteration to an existing building 🞏†<br>Place of public entertainment 🞏†<br>Other 🞏† | Amendment to existing occupancy permit 🞏†<br>Change of use of an existing    building 🞏† |\n\n***Building permit details**\n\nPermit no.\n\n***Building practitioners and architects who were engaged in the building work**\n\nName Category/Class Registration no.\n\nName Category/Class Registration no.\n\n**Use applied for**\n\nPart of building Proposed use BCA Class of building\n\nPart of building Proposed use BCA Class of building\n\nTo conduct public entertainment 🞏†\n\n**Certificates of compliance**\n\nCopies of compliance certificates for plumbing work and electrical work are attached in accordance with regulation 186(2)(b).\n\n***Signature of owner**\n\nPrint name:\n\n***Signature of agent of owner**\n\nPrint name:\n\n*†*  *Tick if applicable*\n\nSch. 4 Form 16 amended by S.R. No. 40/2019 reg. 30(6).\n\nForm 16\n\nRegulation 192\n\nOccupancy Permit\n\n**This occupancy permit must be displayed in the following approved location:**\n\n[*insert details of location*]\n\nBuilding permit number\n\nVersion of BCA applicable to building permit\n\n***Building details**\n\n[*complete this portion only if an occupancy permit is required under Division 1 of Part 5 of the* ***Building Act 1993***]\n\n*Building to which permit applies Permitted use BCA Class of  \n\nMaximum permissible floor live Maximum number of people to be  \nload accommodated\n\nStoreys contained Rise in storeys (for Class 2-9 buildings)\n\nEffective height Type of construction\n\n*Part of building to which permit applies Permitted use BCA Class of  \n\nMaximum permissible floor live Maximum number of people to be  \nload accommodated\n\n*****Places of public entertainment**\n\n[*complete this portion only if an occupancy permit is required under Division 2 of Part 5 of the* ***Building Act 1993***]\n\n| Class 9b building having an area greater than 500 m2 | 🞏† | Place with an area greater than 500 m2 | 🞏† |\n| --- | --- | --- | --- |\n| Prescribed temporary structure | 🞏† | Kardinia Park Precinct | 🞏† |\n\nPublic entertainment to be conducted\n\nPeriod of operation of this permit\n\n***Exemption from, or consent to partial compliance with, certain building requirements**\n\nThe following exemption from, or a consent to partial compliance with, certain requirements of the Building Regulations 2018 was granted under regulation 229(2), 231(2), 233(3) or 234(2) of the Building Regulations 2018:\n\n| **Part or whole of building or place of public entertainment or building work exempt from, or given consent to partial compliance with, requirements of the Building Regulations 2018** | **Nature and scope of exemption** |\n|  | [*specify the relevant regulation/BCA Performance Requirement which the building, place of public entertainment or building work is exempt from or may partially comply with*] |\n\nA performance solution was used to determine compliance with the following performance requirements of the BCA that relate to the building or place of public entertainment to which this permit applies: [*list matters not referenced on the relevant building permit*]\n\n|  | [*insert details of performance solution including, applicable materials, systems, methods of building, procedures, specifications and other relevant requirements*] |\n\n***Building Appeals Board determinations and orders**\n\nThe following determinations and orders of the Building Appeals Board (***BAB***) relate to the *building/*place of public entertainment to which this permit applies: [*list matters not referenced on the relevant building permit*]\n\n| **Date of determination or order** | **Determination or order** | **Section of Building Act 1993 under which application to BAB made** |\n|  | [*insert details of determination or order including applicable materials, systems, methods of building, procedures, specifications and other relevant requirements*] |  |\n\n***Reporting authorities**\n\nThe following bodies are reporting authorities for the purposes of the application for this permit in relation to the matters set out below:\n\n| **Reporting authority** | **Matter reported on or consented to** | **Relevant regulation no.** |\n\n***Conditions to which this permit is subject**\n\nOccupation is subject to the following conditions—\n\n(1) Essential safety measures\n\nThe following essential safety measures must be inspected, tested and maintained in accordance with the maintenance requirements set out in the following table—\n\n| **Essential safety measures required to be provided for the building or place of public entertainment** | **Provision of the Building Regulations 2018 applicable to installation and operation of essential safety measure** | **The level of performance that each essential safety measure must achieve to fulfil its purpose** | **The frequency and type of maintenance required for each essential safety measure** | **The frequency and type of testing and inspections required for each essential safety measure** |\n| --- | --- | --- | --- | --- |\n|  |  |  |  |  |\n\n*(2) Other conditions\n\nA determination has been made under regulation 64(1) of the Building Regulations 2018 in relation to the building to which this permit applies.\n\n***Subdivision of existing building**\n\nThe building to which this occupancy permit relates was created by the subdivision of an existing building.\n\nAn exemption granted in accordance with regulation 231 exempts the building from compliance with certain provisions of the Building Regulations 2018. This exemption was granted by *a municipal building surveyor/*the private building surveyor on [*insert date*], and a copy of this exemption is available by request from the relevant council in accordance with regulation 51.\n\n**Suitability for occupation**\n\nAt the date this occupancy permit is issued, the *building/*place of public entertainment to which this permit applies is suitable for occupation.\n\nOccupancy Permit no. Date of issue:\n\nDate of final inspection:\n\nForm 17\n\nRegulation 200\n\nCertificate of Final Inspection\n\nBuilding permit number\n\nVersion of BCA applicable to building permit\n\n**Description of building work**\n\nPart of building Permitted use BCA Class of  \n\nPart of building Permitted use BCA Class of  \n\n***Exemption from, or consent to partial compliance with, certain building requirements**\n\nThe following exemption from, or a consent to partial compliance with, certain requirements of the Building Regulations 2018 was granted under regulation 229(2), 231(2), 233(3) or 234(2) of the Building Regulations 2018.\n\n| **Part or whole of building or place of public entertainment or building work exempt from, or given consent to partial compliance with, requirements of the Building Regulations 2018** | **Nature and scope of exemption** |\n|  | [*specify the relevant regulation/ BCA Performance Requirement which the building, place of public entertainment or building work is exempt from or may partially comply with*] |\n\nA performance solution was used to determine compliance with the following Performance Requirements of the BCA that relate to the building to which this permit applies: [*list matters not referenced on the relevant building permit*]\n\n|  | [*insert details of performance solution including, applicable materials, systems, methods of building, procedures, specifications and other relevant requirements*] |\n\n***Building Appeals Board determination and orders**\n\nThe following determinations and orders of the Building Appeals Board (***BAB***) relate to the building to which this permit applies: [*list matters not referenced on the relevant building permit*]\n\n| **Date of determination or order** | **Determination or order** | **Section of Building Act 1993 under which application to BAB made** |\n|  | [*insert details of determination or order including, applicable materials, systems, methods of building, procedures, specifications and other relevant requirements*] |  |\n\n**Maintenance determination**\n\nA maintenance determination *is/*is not required to be prepared in accordance with regulation 215 of the Building Regulations 2018.\n\nA determination has been made under regulation 64(1) of the Building Regulations 2018 in relation to the building work to which this certificate applies.\n\n***Directions to fix building work**\n\nAll directions to fix building work under Part 4 of the **Building Act 1993** have been complied with.\n\nCertificate no.: Date of issue:\n\nForm 18\n\nRegulations 229(4), 231(4), 233(5), 234(4)\n\nExemption from, or consent to partial compliance with, REQUIREMENTS IN REGULATIONS\n\n*Agent of owner\n\n***Details of relevant building permit**\n\nBuilding permit no. Date of issue of building permit\n\n1. I am the *municipal building surveyor of [*insert name of municipal district*]/*relevant building surveyor for building permit [*insert building permit number*].\n\n2. I am authorised under regulation *229(2)/*231(2)/*233(3)/*234(2) of the Building Regulations 2018 to *exempt/*consent to partial compliance of a *building/*place of public entertainment/*certain building work from requirements in the Building Regulations 2018 and grant this *exemption/*consent accordingly.\n\n*3. The *building/*place of public entertainment/*building work to which this *exemption/*consent applies is [*insert details of building or place of public entertainment*].\n\n*4. The proposed building work to which this *exemption/*consent applies is [*insert description of proposed building work*] (the ***building work***).\n\n5. The following part or whole of the *building/*place of public entertainment/*building work is *given consent to partially comply with/*exempted from compliance with the following requirements in the Building Regulations 2018—\n\n(a) [*insert in (a) the part or parts of the building or place of public entertainment or building work exempted from, or given consent to partial compliance with, the Building Regulations 2018*]\n\n(b) [*insert in (b) the nature of the scope of exemption from or consent to partial compliance with a requirement of the Building Regulations 2018 and specify the relevant regulation or BCA Performance Requirement etc.*]\n\n*6. Description of how the structural adequacy of the *building/*place of public entertainment was taken into account when granting this *exemption/*consent [*insert description*].\n\n7. Description of the requirements necessary to make reasonable provision for the amenity of the *building/*place of public entertainment subject to this *exemption/*consent  that were taken into account [*insert description*].\n\n8. Description of the requirements necessary to make reasonable provision for the safety and health of people using the *building/*place of public entertainment that were taken into account [*insert description*].\n\n*9. Description of the requirements necessary to make reasonable provision for avoiding the spread of fire to or from any adjoining building that were taken into account [*insert description*].\n\nItems numbered 6 and 9 do not apply to a determination under regulation 234(2) of the Building Regulations 2018.\n\n***Municipal building surveyor/*Relevant building surveyor**\n\nDate of *grant of exemption/*consent to partial compliance:\n\nRelated building permit no. [*if issued before exemption granted or consent given*]\n\nSch. 4 Form 19 amended by S.R. No. 40/2019 reg. 30(7), substituted by S.R. Nos 128/2021 reg. 22, 61/2022 reg. 19.\n\n**FORM 19**\n\nRegulation 242(2)\n\n**APPLICATION FOR ACCREDITATION OF a BUILDING PRODUCT**\n\nBuilding Regulations Advisory Committee\n\nApplicant:\n\n***Proposed holder of the accreditation for the building product** (if different from applicant)\n\n| A copy of the authorisation, given to the applicant from the proposed holder of the accreditation, to make this application is attached to this form. | 🞏† |\n\n**Type of building product** (select one)\n\nThis application is for:\n\n| a building product | 🞏† |\n| a construction method connected with building work | 🞏† |\n| a design connected with building work | 🞏† |\n| a component connected with building work | 🞏† |\n| a system connected with building work | 🞏† |\n\nRegulation 238 of the Building Regulations 2018 defines, for the purposes of Part 17 of those Regulations and this Form, ***building product*** to include a construction method, design, component or system connected with building work. However, the reference in the list above to \"a building product\" has its ordinary meaning, rather than the defined meaning.\n\n**Details of building product**\n\nName of building product:\n\nDescription of building product:\n\nPurpose and use of building product:\n\nMethod of installation or use of building product:\n\nInteraction of building product with other components and materials in building work:\n\n**BCA performance requirements that are relevant to the building product:**\n\n[*insert performance requirements*]\n\n**Means of demonstrating compliance with BCA requirements**\n\nThe building product meets the following performance requirement(s) of the BCA by the following means:\n\n| **Column 1** | **Column 2** |\n| Performance requirements relevant to the building product [*insert performance requirements*]— | Evidence to demonstrate compliance of the building product with each performance requirement in column 1 [*insert specific evidence and explain how it shows compliance of the building product with the relevant performance requirement*]— |\n\n**Documentation or information accompanying application**\n\nThe application is accompanied by the following—\n\n| an appraisal of the building product; | 🞏† |\n| the appraiser's qualifications and curriculum vitae; | 🞏† |\n| test report(s) from an Accredited Testing Laboratory or a Registered Testing Authority; | 🞏† |\n| a technical/installation manual for the building product; | 🞏† |\n| other information or documentation required by the Committee. | 🞏† |\n\nI certify that the information and content contained in this application is complete and correct.\n\nSignature of applicant:\n\nSch. 4 Form 19A inserted by S.R. No. 61/2022 reg. 19.\n\n**FORM 19A**\n\nRegulations 242A(2), 242AB\n\n**APPLICATION FOR RENEWAL OR VARIATION OF ACCREDITATION FOR A BUILDING PRODUCT**\n\nBuilding Regulations Advisory Committee\n\nApplicant:\n\n***If applicant is making the application on behalf of the holder of the accreditation for the building product**\n\n| I have been authorised by the holder of the accreditation to make this application on their behalf. | 🞏† |\n| A copy of the authorisation from the holder of the accreditation to make this application is attached to this form. | 🞏† |\n\n***Holder of the accreditation for the building product** (if different from applicant)\n\n**Type of application**\n\nVariation of existing accreditation of building product 🞏†\n\nRenewal of existing accreditation of building product 🞏†\n\nCertificate No. of existing certificate of accreditation [*insert*]\n\n**Type of building product** (select one)\n\nThis application is for:\n\n| a building product | 🞏† |\n| a construction method connected with building work | 🞏† |\n| a design connected with building work | 🞏† |\n| a component connected with building work | 🞏† |\n| a system connected with building work | 🞏† |\n\nRegulation 238 of the Building Regulations 2018 defines, for the purposes of Part 17 of those Regulations and this Form, ***building product*** to include a construction method, design, component or system connected with building work. However, the reference in the list above to \"a building product\" has its ordinary meaning, rather than the defined meaning.\n\n**Details of building product**\n\nName of building product:\n\nDescription of building product:\n\nPurpose and use of building product:\n\nMethod of installation or use of building product:\n\nInteraction of building product with other components and materials in building work:\n\n**Details for renewal application**\n\nDescribe any changes to the building product that have occurred during the previous accreditation period:\n\nDetail any changes to requirements or standards applicable to the building product during the previous accreditation period:\n\n**Details for variation application**\n\n[*Select all applicable*]\n\n| transfer the accreditation to another person | 🞏† |\n| change of name of the holder of the accreditation | 🞏† |\n| change of postal address, telephone number or email of the holder of the accreditation | 🞏† |\n| change of building product name | 🞏† |\n| change of name of one or more components that form part of the accredited building product | 🞏† |\n| changes to an installation manual for the building product, or to any performance requirement or standard applying to the building product | 🞏† |\n| changes to the building product to reflect any amendment to a regulation in relation to which the building product was accredited | 🞏† |\n| changes to conditions imposed on the accreditation by the Committee | 🞏† |\n| correction of error in the certificate of accreditation for the building product | 🞏† |\n| other | 🞏† |\n\nDescribe in detail any variations being sought:\n\n**BCA performance requirements that are relevant to the building product:**\n\n[*insert performance requirements*]\n\n**Means of demonstrating compliance with BCA requirements**\n\nThe building product meets the following performance requirement(s) of the BCA by the following means:\n\n| **Column 1** | **Column 2** |\n| Performance requirements relevant to the building product [*insert performance requirements*]— | Evidence to demonstrate compliance of the building product with each performance requirement in column 1 [*insert specific evidence and explain how it shows compliance of the building product with the relevant performance requirement*]— |\n\n**Documentation or information accompanying application for renewal of accreditation**\n\nThe application is accompanied by the following—\n\n| an appraisal of the building product; | 🞏† |\n| the appraiser's qualifications and curriculum vitae; | 🞏† |\n| test report(s) from an Accredited Testing Laboratory or a Registered Testing Authority; | 🞏† |\n| a technical/installation manual for the building product; | 🞏† |\n| other information or documentation required by the Committee. | 🞏† |\n\nI certify that the information and content contained in this application is complete and correct.\n\nSignature of applicant:\n\nSch. 4 Form 19B inserted by S.R. No. 61/2022 reg. 19.\n\n**FORM 19B**\n\nRegulation 245(1)\n\n**CERTIFICATE OF ACCREDITATION**\n\n**Name of building product:** [*insert details*]\n\n**Building product description:** [*insert details*]\n\n**Description of the purpose and use of the building product:**  \n[*insert details*]\n\n**Regulation/s in relation to which the building product is accredited:** [*insert details*]\n\n**Conditions to which the accreditation is subject:** [*insert details*]\n\n**The name and address of the holder of the accreditation:** [*insert details*]\n\n**If the holder of the accreditation is a corporation, ACN:** [*insert details*]\n\n**Trading name and ABN of the holder of the accreditation:** [*insert details*]\n\n**Date building product accredited:** [*insert date of accreditation*]\n\n**Certificate number:** [*insert certificate number*]\n\n**Date of issue of certificate:** [*insert date of issue*]\n\n***Date building product accreditation renewed:**  \n[*insert date of renewal of accreditation*]\n\n**Date of expiry of accreditation:** [*insert expiry date*]\n\n***Date and details of variation of accreditation:**  \n[*insert date on which accreditation varied and details of variation*]\n\n***Date of re-issue of certificate:** [*insert date of re-issue*]\n\n**Signature:** [*insert signature of Chair of the Building Regulations Advisory Committee*]\n\n**Delete if inapplicable*\n\nSch. 4 Form 20 amended by S.R. No. 75/2018 reg. 27(2).\n\nForm 20\n\nRegulation 264(a)\n\nNOTICE OF SUSPENSION OF REGISTRATION UNDER SECTION 183A\n\nI [*insert name*] give notice that on [*insert date*] my registration as a building practitioner in the category of [*insert registration category*] class of [*insert registration class*] was suspended by the Victorian Building Authority (***VBA***) with respect to the work I am carrying out for you. My registration will be suspended from [*insert date*].\n\nUnder section 183A of the **Building Act 1993**, I am required to give you notice of the suspension of my registration.\n\nUnder section 185 of the **Building Act 1993**, I have the right to apply  \nfor an internal review of the VBA's decision to suspend my registration. In reviewing the decision, the VBA may choose to affirm, amend or substitute the decision.\n\nUnder section 186 of the **Building Act 1993**, I also have the right to apply for a review of the decision to suspend my registration directly to the Victorian Civil and Administrative Tribunal (***VCAT***). VCAT may then choose to affirm, amend or substitute the decision.\n\nIf I apply for an internal review or a review by VCAT, the suspension of my registration is stayed until a decision is made unless my registration was immediately suspended under section 180A of the Act.\n\n**Date**\n\nSch. 4 Form 21 amended by S.R. No. 75/2018 reg. 27(2).\n\nForm 21\n\nRegulation 264(b)\n\nNOTICE OF CANCELLATION OF REGISTRATION UNDER SECTION 183A\n\nI [*insert name*] give notice that on [*insert date*] my registration as a building practitioner in the category of [*insert registration category*] class of [*insert registration class*] was cancelled by the Victorian Building Authority (***VBA***). My registration will be cancelled from [*insert date*].\n\nUnder section 183A of the **Building Act 1993**, I am required to give you notice of the cancellation of my registration.\n\nUnder section 185 of the **Building Act 1993**, I have the right to apply for an internal review of the VBA's decision to cancel my registration. In reviewing the decision, the VBA may choose to affirm, amend or substitute the decision.\n\nUnder section 186 of the **Building Act 1993**, I also have the right to apply for a review of the decision to cancel my registration directly to the Victorian Civil and Administrative Tribunal (***VCAT***). VCAT may then choose to affirm, amend or substitute the decision. If I apply for a review, the cancellation of my registration is stayed until a decision is made.\n\nIf I apply for an internal review or a review by VCAT, the suspension of my registration is stayed until a decision is made unless my registration was immediately suspended under section 180A of the Act.\n\n**Date**\n\nSch. 4 Form 22 inserted by S.R. No. 116/2019 reg. 15.\n\nFORM 22\n\nRegulation 147P(1)\n\nAPPLICATION TO REGISTER A SWIMMING POOL OR SPA\n\n**Ownership details**\n\nName of owner of the land (the ***property***) on which the swimming pool or spa is located:\n\nTelephone number:\n\nEmail address:\n\n**Property details:** [*include title details as and if applicable*]\n\n**Type of swimming pool or spa:** [*please tick*]:\n\nFor permanent swimming pools and permanent spas, the approximate date that the swimming pool or spa was constructed:\n\n[*please provide copies of any relevant building permit if available and/or any other information or documentation that provides evidence of when the swimming pool or spa was constructed*]  \n\nFor relocatable swimming pools and relocatable spas, the date that the relocatable swimming pool or relocatable spa was erected:\n\nIs there any other building work that has altered or resulted in changes to the barrier since the swimming pool or spa was constructed or erected?\n\n[*if yes, please provide details and copies of any relevant building permit or other documentation*]\n\nSignature of applicant\n\nDate\n\nSch. 4 Form 23 inserted by S.R. No. 116/2019 reg. 15.\n\nFORM 23\n\nRegulations 147Y(4), 147ZB(2)\n\ncertificate of pool and spa barrier compliance\n\n**Issued to:**\n\n1. Name of owner of the land (the ***property***) on which the swimming pool or spa is located:\n\n2. Postal address:\n\n3. Telephone number:\n\n4. Email address:\n\n**Property details:**\n\n**Type of swimming pool or spa:** [*please tick*]\n\n5. Date of construction of the swimming pool or spa:\n\n6. Applicable barrier standard:\n\n7. The applicable barrier standard applies under: [*please tick*]\n\n- Division 2 of Part 9A of the Building Regulations 2018 🞎\n- relevant deemed to satisfy provisions of the BCA 🞎\n- a performance solution in accordance with the BCA 🞎\n\n8. Date(s) of inspection(s) of the swimming pool or spa barrier:\n\n**Certification of compliance**\n\nFollowing inspection of the *swimming pool barrier/*spa barrier on the date(s) referred to in item 8 of this certificate, I certify that the barrier complies with the applicable barrier standard.\n\nSignature of *relevant building surveyor/*swimming pool and spa inspector/*municipal building surveyor:\n\n9. I confirm that I *did/*did not carry out building work on the barrier to address identified non-compliance of the barrier prior to certifying the barrier's compliance with the applicable barrier standard.\n\n**Inspector details**\n\n10. Name of registered building practitioner:\n\n11. *ACN/*ARBN\n\n12. Address:\n\n13. Email:\n\n14. Building practitioner registration no.:\n\n15. *Municipal district/*council name:\n\nSch. 4 Form 24 inserted by S.R. No. 116/2019 reg. 15.\n\nFORM 24\n\nRegulation 147ZI(1)\n\nCertificate of pool and spa barrier non‑compliance\n\n**Issued to:**\n\n1. Name of owner of the land (the ***property***) on which the swimming pool or spa is located:\n\n2. Postal address:\n\n3. Telephone number:\n\n4. Email address:\n\n**Property details:**\n\n**Type of swimming pool or spa:** [*please tick*]\n\n5. Date of construction of the swimming pool or spa:\n\n6. Applicable barrier standard:\n\n7. The applicable barrier standard applies under: [*please tick*]\n\n- Division 2 of Part 9A of the Building Regulations 2018 🞎\n- relevant deemed to satisfy provisions of the BCA 🞎\n- a performance solution in accordance with the BCA 🞎\n\n8. Date(s) of inspection(s) of the swimming pool or spa barrier:\n\n**Certification of non-compliance**\n\nFollowing inspection of the *swimming pool/*spa barrier on the date(s) referred to in item 8 of this certificate, I certify that the barrier does not comply with the applicable barrier standard.\n\nThis certificate of pool and spa barrier non-compliance has been issued because:\n\n|  in my opinion the barrier cannot or will not be made compliant with the applicable barrier standard within 60 days; or | 🞎 |\n|  a written notice was provided to the owner in accordance with regulation 147ZG(1) or 147ZH(1) of the Building Regulations 2018 and the barrier was not made compliant within the time period specified in that notice; or | 🞎 |\n|  in my opinion the barrier non-compliance poses a significant and immediate risk to life or safety; or | 🞎 |\n|  in my opinion the barrier is non-compliant with the applicable barrier standard in one or more ways specified in regulation 147ZF(c) of the Building Regulations 2018. | 🞎 |\n\n**List of non-compliant items (required):**\n\n| *Column 1*<br>*Item number* | *Column 2*   <br>*Items/components of swimming pool or spa barrier that are non-compliant with the applicable barrier standard*<br>*[insert ways in which barrier is non‑compliant with the applicable barrier standard]* | *Column 3*<br>*Rectification work required*<br>*[set out the building work required to make the barrier compliant with the applicable barrier standard]* |\n| 1 |  |  |\n| 2 |  |  |\n| 3 |  |  |\n| 4 |  |  |\n| 5 |  |  |\n| 6 |  |  |\n\n[*More rows may be added as required*]\n\nAny additional comments:\n\nSignature of swimming pool and spa inspector:\n\n**Inspector details:**\n\n9. Name of swimming pool and spa inspector:\n\n10. *ACN/*ARBN\n\n11. Address:\n\n12. Email:\n\n13. Building practitioner registration no.:\n\n14. *Municipal district/*council name:\n\nSch. 4 Form 25 inserted by S.R. No. 116/2019 reg. 15.\n\nFORM 25\n\nRegulation 147ZK(2)\n\nBARRIER IMPROVEMENT NOTICE\n\n**Served on:**\n\nName of owner of the land on which the swimming pool or spa is located [*insert full name*]\n\nI am the municipal building surveyor of the municipal district of [*insert name of relevant council*].\n\nI am authorised to cause a barrier improvement notice to be served on you, as owner of the land to which this notice applies under regulation 147ZK of the Building Regulations 2018.\n\n**LOCATION OF THE LAND TO WHICH THIS NOTICE APPLIES:**\n\n**REASON WHY THIS NOTICE WAS SERVED:**\n\nA certificate of pool and spa barrier non-compliance was lodged with [*insert name of the relevant council*] on [*insert date*] in relation to a swimming pool or spa located on the land described above.\n\nA copy of the certificate of pool and spa barrier non-compliance is attached. This certificate lists the matters identified in respect of which the barrier was determined not to comply with the applicable barrier standard.\n\n**ACTION REQUIRED:**\n\nYou are required to bring the matters listed in the certificate of pool and spa barrier non-compliance into compliance with the applicable barrier standard, and to lodge a certificate of pool and spa barrier compliance with the [*insert name of relevant council*] by [*insert date*].\n\nA failure to lodge the required certificate of pool and spa barrier compliance by [*insert date*] is an offence under regulation 147V(1) of the Building Regulations 2018. As a prescribed offence, a failure to comply with this notice may result in the issuing of a building infringement notice which carries a prescribed penalty of 2 penalty units.\n\n**Municipal building surveyor**\n\nName of council: [*insert name of relevant council*]\n\nBarrier improvement notice no.:\n\nDate made:\n\nSch. 5 amended by S.R. No. 132/2023 reg. 21.\n\n","sortOrder":351},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Prescribed matters reported on","content":"Schedule 5—Prescribed matters reported on  \nby prescribed reporting authorities\n\nRegulation 31\n\n","sortOrder":352},{"sectionNumber":"Part 1","sectionType":"part","heading":"Prescribed matters reported on by chief officer","content":"Part 1—Prescribed matters reported on by chief officer\n\n| *Column 1*   <br>*Item* | *Column 2*<br>*Prescribed matters to be reported on by chief officer* | *Column 3*<br>*Regulation reference* |\n|  | The following fire safety matters if those matters do not meet the deemed-to-satisfy provisions of the BCA— | reg. 129(1) |\n| 1 | fire hydrants; |  |\n| 2 | fire control centres or fire control rooms; |  |\n| 3 | fire precautions during construction; |  |\n| 4 | fire mains; |  |\n| 5 | control valves; |  |\n| 6 | booster assemblies; |  |\n| 7 | open space and perimeter vehicular access to the extent it relates to emergency vehicles; |  |\n| 8 | fire indicator panels; |  |\n| 9 | fire services controls in passenger lift cars.<br>The following bushfire safety matters if those matters do not meet the requirements of regulation 160 or 161— | reg. 162(1) |\n| 10 | static water supply for fire fighting purposes; |  |\n| 11 | emergency vehicle access. |  |\n\nPart 2—Prescribed matters reported on by relevant council\n\n| *Column 1*   <br>*Item* | *Column 2*<br>*Prescribed matters to be reported on by relevant council* | *Column 3*<br>*Regulation reference* |\n| 1 | Setback from a street alignment not complying with reg. 73 | reg. 73(2) |\n| 2 | Setback from a street alignment not complying with reg. 74 | reg. 74(4) |\n| 2A | Building setback not complying with reg. 74A(1) or (2) | reg. 74A(3) |\n| 3 | Building height not complying with reg. 75 | reg. 75(4) |\n| 4 | Site coverage not complying with reg. 76 | reg. 76(4) |\n| 5 | Permeable surfaces not complying with reg. 77 | reg. 77(3) |\n| 6 | Car parking spaces not complying with reg. 78 | reg. 78(6) |\n| 7 | Side or rear boundary setbacks not complying with reg. 79 | reg. 79(6) |\n| 8 | Walls or carports on boundaries not complying with reg. 80 | reg. 80(6) |\n| 9 | Building setbacks not complying with reg. 81 (daylight to existing habitable room windows) | reg. 81(6) |\n| 10 | Building setbacks not complying with reg. 82 (solar access to north-facing habitable room windows) | reg. 82(5) |\n| 11 | Building design not complying with reg. 83 (overshadowing of recreational private open space) | reg. 83(3) |\n| 12 | Window or raised open space not complying with reg. 84 (overlooking) | reg. 84(9) |\n| 13 | Building design not complying with reg. 85 (daylight to habitable room windows) | reg. 85(3) |\n| 14 | Private open space for a building not complying with reg. 86 | reg. 86(3) |\n| 14A | Private open space not complying with reg. 86A(1) | reg. 86A(2) |\n| 14B | Accessibility not complying with reg. 86B(1) | reg. 86B(2) |\n| 15 | Siting of a Class 10a building, that is appurtenant to a building of another class, that does not comply with reg. 87 | reg. 87(2) |\n| 16 | Front fence height not complying with reg. 89 | reg. 89(3) |\n| 17 | Fence setback from side or rear boundary not complying with reg. 90 | reg. 90(2) |\n| 18 | Length or height of side or rear boundary fence not complying with reg. 91 | reg. 91(5) |\n| 19 | A fence within 9 m of an intersection of street alignments and exceeding height of 1 m above footpath | reg. 92(2) |\n| 20 | Fence setback not complying with reg. 94 (daylight to existing habitable room window) | reg. 94(6) |\n| 21 | Fence setback not complying with reg. 95 (solar access to north-facing habitable room windows) | reg. 95(3) |\n| 22 | Fence design not complying with reg. 96 (overshadowing of recreational private open space) | reg. 96(3) |\n| 23 | A mast, pole, aerial, antenna, chimney, flue or service pipe not complying with reg. 97(1) | reg. 97(2) |\n| 24 | Projections beyond street alignment | reg. 109(1) and (2) |\n| 25 | Precautions over a street alignment | reg. 116(4) |\n| 26 | Installation or alteration of a septic tank system, or construction of a building over an existing septic tank system | reg. 132(1) |\n| 27 | Point of discharge of stormwater | reg. 133(2) |\n| 28 | Buildings above or below certain public facilities | reg. 134(2) |\n| 29 | Construction of buildings on land liable to flooding | reg. 153(2) |\n| 30 | Building on designated land or designated works | reg. 154(1) |\n\n","sortOrder":353},{"sectionNumber":"Part 3","sectionType":"part","heading":"Prescribed matter reported on by relevant service authority","content":"Part 3—Prescribed matter reported on by relevant service authority\n\n| *Column 1*   <br>*Item* | *Column 2*<br>*Prescribed matter to be reported on by relevant service authority* | *Column 3*<br>*Regulation reference* |\n| 1 | Construction of building over an easement vested in the service authority | reg. 130(1) |\n\n","sortOrder":354},{"sectionNumber":"Part 4","sectionType":"part","heading":"Prescribed matter reported on by relevant electricity supply authority","content":"Part 4—Prescribed matter reported on by relevant electricity supply authority\n\n| *Column 1*   <br>*Item* | *Column 2*<br>*Prescribed matter to be reported on by relevant electricity supply authority* | *Column 3*<br>*Regulation reference* |\n| 1 | Provision of substations | reg. 131(1) |\n\nSch. 6 amended by S.R. Nos 100/2018 reg. 5, 106/2024 reg. 4.\n\n","sortOrder":355},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Planning schemes","content":"Schedule 6—Planning schemes\n\nRegulations 74(1), 75(1), 76(1), 76A(1), 77(1), 79(1), 80(2), 86(1), 89(1)\n\n| *Column 1*<br>*Item* | | *Column 2*<br>*Name of planning scheme* | | *Column 3*<br>*Name of zone* | |\n| --- | --- | --- | --- | --- | --- |\n| 1 | | Alpine Planning Scheme | | General Residential Zone (GRZ) | |\n| 2 | | Ararat Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 3 | | Ballarat Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 4 | | Banyule Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 5 | | Bass Coast Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ) | |\n| 6 | | Baw Baw Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 7 | | Bayside Planning Scheme | | Mixed Use Zone (MUZ)<br>Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 8 | | Benalla Planning Scheme | | General Residential Zone (GRZ) | |\n| 9 | | Boroondara Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 10 | | Brimbank Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 11 | | Campaspe Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 12 | | Cardinia Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 13 | | Casey Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 14 | | Central Goldfields Planning Scheme | | General Residential Zone (GRZ) | |\n| 15 | | Colac Otway Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 16 | | Corangamite Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 17 | | Darebin Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 18 | | East Gippsland Planning Scheme | | General Residential Zone (GRZ) | |\n| 19 | | Frankston Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ) | |\n| 20 | | Gannawarra Planning Scheme | | General Residential Zone (GRZ) | |\n| 21 | | Glen Eira Planning Scheme | | Mixed Use Zone (MUZ)<br>Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 22 | | Glenelg Planning Scheme | | General Residential Zone (GRZ) | |\n| 23 | | Golden Plains Planning Scheme | | General Residential Zone (GRZ) | |\n| 24 | | Greater Bendigo Planning Scheme | | Mixed Use Zone (MUZ)<br>Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ) | |\n| 25 | | Greater Dandenong Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 26 | | Greater Geelong Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 27 | | Greater Shepparton Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 28 | | Hepburn Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 29 | | Hindmarsh Planning Scheme | | General Residential Zone (GRZ) | |\n| 30 | | Hobsons Bay Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 31 | | Horsham Planning Scheme | | General Residential Zone (GRZ) | |\n| 32 | | Hume Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 33 | | Indigo Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 34 | | Kingston Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 35 | | Knox Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 36 | | Latrobe Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 37 | | Macedon Ranges Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 38 | | Manningham Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 39 | | Mansfield Planning Scheme | | Mixed Use Zone (MUZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 40 | | | Maribyrnong Planning Scheme | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 41 | | Maroondah Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 42 | | Melbourne Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 43 | | Melton Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 43A | | Merri-bek Planning Scheme<br>**Note**<br>Merri-bek Planning Scheme was previously known as Moreland Planning Scheme. | | Mixed Use Zone (MUZ)<br>Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 44 | | Mildura Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 45 | | Mitchell Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 46 | | Moira Planning Scheme | | General Residential Zone (GRZ) | |\n| 47 | | Monash Planning Scheme | | Mixed Use Zone (MUZ)<br>Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 48 | | Moonee Valley Planning Scheme | | Mixed Use Zone (MUZ)<br>General Residential Zone (GRZ) | |\n| 49 | | Moorabool Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| * * * * * | | | | | |\n| 51 | | Mornington Peninsula Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 52 | | Mount Alexander Planning Scheme | | General Residential Zone (GRZ) | |\n| 53 | | Moyne Planning Scheme | | General Residential Zone (GRZ) | |\n| 54 | | Murrindindi Planning Scheme | | General Residential Zone (GRZ) | |\n| 55 | | Nillumbik Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 56 | | Northern Grampians Planning Scheme | | General Residential Zone (GRZ) | |\n| 57 | | Port Phillip Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 58 | | Pyrenees Planning Scheme | | General Residential Zone (GRZ) | |\n| 59 | | Queenscliffe Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 60 | | South Gippsland Planning Scheme | | General Residential Zone (GRZ) | |\n| 61 | | Southern Grampians Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 62 | | Stonnington Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 63 | | Strathbogie Planning Scheme | | General Residential Zone (GRZ) | |\n| 64 | | Surf Coast Planning Scheme | | General Residential Zone (GRZ) | |\n| 65 | | Swan Hill Planning Scheme | | General Residential Zone (GRZ) | |\n| 66 | | Towong Planning Scheme | | General Residential Zone (GRZ) | |\n| 67 | | Wangaratta Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 68 | | Warrnambool Planning Scheme | | Mixed Use Zone (MUZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 69 | | Wellington Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 70 | | Whitehorse Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 71 | | Whittlesea Planning Scheme | | Mixed Use Zone (MUZ)<br>Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 72 | | Wodonga Planning Scheme | | General Residential Zone (GRZ) | |\n| 73 | | Wyndham Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ) | |\n| 74 | | Yarra Planning Scheme | | General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 75 | | Yarra Ranges Planning Scheme | | Residential Growth Zone (RGZ)<br>General Residential Zone (GRZ)<br>Neighbourhood Residential Zone (NRZ) | |\n| 76 | | Yarriambiack Planning Scheme | | General Residential Zone (GRZ) | |\n\n","sortOrder":356},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Planning schemes applying to allotments containing homes destroyed in the 2009 bushfires","content":"Schedule 7—Planning schemes applying to allotments containing homes destroyed in the 2009 bushfires\n\nRegulation 159(b)\n\n| 1 | Alpine Planning Scheme |\n| 2 | Baw Baw Planning Scheme |\n| 3 | Cardinia Planning Scheme |\n| 4 | Casey Planning Scheme |\n| 5 | Greater Bendigo Planning Scheme |\n| 6 | Horsham Planning Scheme |\n| 7 | Indigo Planning Scheme |\n| 8 | Latrobe Planning Scheme |\n| 9 | Macedon Ranges Planning Scheme |\n| 10 | Mitchell Planning Scheme |\n| 11 | Mount Alexander Planning Scheme |\n| 12 | Murrindindi Planning Scheme |\n| 13 | Nillumbik Planning Scheme |\n| 14 | Wellington Planning Scheme |\n| 15 | Whittlesea Planning Scheme |\n| 16 | Yarra Ranges Planning Scheme |\n\n","sortOrder":357},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Essential safety measures","content":"Schedule 8—Essential safety measures\n\nRegulation 214\n\nPart 1—Building fire integrity\n\n| 1 | Building elements required to satisfy prescribed fire-resistance levels |\n| 2 | Materials and assemblies required to have fire hazard properties |\n| 3 | Elements required to be non-combustible, provide fire protection, compartmentation or separation |\n| 4 | Wall-wetting sprinklers (including doors and windows required in conjunction with wall-wetting sprinklers) |\n| 5 | Fire doors (including sliding fire doors and their associated warning systems) and associated self‑closing, automatic closing and latching mechanisms |\n| 6 | Fire windows (including windows that are automatic or permanently fixed in the closed position) |\n| 7 | Fire shutters |\n| 8 | Solid core doors and associated self-closing, automatic closing and latching mechanisms |\n| 9 | Fire-protection at service penetrations through elements required to be fire-resisting with respect to integrity or insulation, or to have a resistance to the incipient spread of fire |\n| 10 | Fire protection associated with construction joints, spaces and the like in and between building elements required to be fire-resisting with respect to integrity and insulation |\n| 11 | Smoke doors and associated self-closing, automatic closing and latching mechanisms |\n| 12 | Proscenium walls (including proscenium curtains) |\n\nPart 2—Means of egress\n\n| 1 | Paths of travel to exits |\n| 2 | Discharge from exits (including paths of travel from open spaces to the public roads to which they are connected) |\n| 3 | Exits (including fire-isolated stairways and ramps, non fire-isolated stairways and ramps, stair treads, balustrades and handrails associated with exits, and fire-isolated passageways) |\n| 4 | Smoke lobbies to fire-isolated exits |\n| 5 | Open access ramps or balconies for fire-isolated exits |\n| 6 | Doors (other than fire or smoke doors) in a required exit, forming part of a required exit or in a path of travel to a required exit, and associated self-closing, automatic closing and latching mechanisms |\n\nPart 3—Signs\n\n| 1 | Exit signs (including direction signs) |\n| 2 | Signs warning against the use of lifts in the event of fire |\n| 3 | Warning signs on sliding fire doors and doors to non-required stairways, ramps and escalators |\n| 4 | Signs, intercommunication systems, or alarm systems on doors of fire-isolated exits stating that re-entry to a storey is available |\n| 5 | Signs alerting persons that the operation of doors must not be impaired |\n| 6 | Signs required on doors, in alpine areas, alerting people that they open inwards |\n| 7 | Fire order notices required in alpine areas |\n\nPart 4—Lighting\n\n| 1 | Emergency Lighting |\n\n","sortOrder":358},{"sectionNumber":"Part 5","sectionType":"part","heading":"Fire fighting services and equipment","content":"Part 5—Fire fighting services and equipment\n\n| 1 | Fire hydrant system (including on-site pump set and fire-service booster connection) | |\n| 2 | Fire hose reel system | |\n| 3 | Sprinkler system | |\n| 4 | Portable fire extinguishers | |\n| 5 | Fire control centres (or rooms) | |\n\nPart 6—Air-handling systems\n\n| 1 | Smoke hazard management systems—<br>(a) automatic air pressurisation systems for fire‑isolated exits;<br>(b) zone smoke control system;<br>(c) automatic smoke exhaust system;<br>(d) automatic smoke-and-heat vents (including automatic vents for atriums);<br>(e) air-handling systems that do not form part of a smoke hazard management system and which may unduly contribute to the spread of smoke; |\n|  | (f) miscellaneous air-handling systems serving more than one fire compartment to which Sections 5 and 6 of AS/NZS 1668.1 The use of ventilation and air conditioning in buildings—Part 1: Fire and smoke control in buildings, as in force or as re-issued or as published from time to time;<br>(g) other air-handling systems. |\n| 2 | Car park mechanical ventilation system |\n| 3 | Atrium smoke control system (see item 1(d) for smoke and heat vents) |\n\n","sortOrder":359},{"sectionNumber":"Part 7","sectionType":"part","heading":"Automatic fire detection and alarm systems","content":"Part 7—Automatic fire detection and alarm systems\n\n| 1 | Smoke and heat alarm system |\n| 2 | Smoke and heat detection system |\n| 3 | Atrium fire detection and alarm system |\n\n","sortOrder":360},{"sectionNumber":"Part 8","sectionType":"part","heading":"Occupant warning systems","content":"Part 8—Occupant warning systems\n\n| 1 | Sound system and intercom system for emergency purposes |\n| 2 | Building occupant warning system |\n\nPart 9—Lifts\n\n| 1 | Stretcher facilities in lifts |\n| 2 | Emergency lifts |\n| 3 | Passenger lift fire service controls |\n\nPart 10—Standby power supply system\n\n| 1 | Standby power supply system |\n\nPart 11—Building clearance and fire appliances\n\n| 1 | Open space around large isolated buildings |\n| 2 | Vehicular access around large isolated buildings |\n\n","sortOrder":361},{"sectionNumber":"Part 12","sectionType":"part","heading":"Mechanical ventilation and hot, warm and cooling water systems","content":"Part 12—Mechanical ventilation and hot, warm and cooling water systems\n\n| 1 | Mechanical ventilation systems incorporating cooling tower systems (other than a system serving only a single sole-occupancy unit  in a Class 2 or 3 building or a Class 4 part of a building) |\n| 2 | Mechanical ventilation systems incorporating hot and warm water systems (other than a system serving only a single sole-occupancy unit in a Class 2 or 3 building or a Class 4 part of a building) |\n\n","sortOrder":362},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Prescribed classes of building","content":"Schedule 9—Prescribed classes of building  \npractitioners and prescribed qualifications\n\nRegulations 257 and 258\n\n**Part 1—Preliminary**\n\n  **1 Definitions**\n\n(1) In this Schedule—\n\n***RTO*** means a training organisation registered under Division 4 of Part 4.3  \nof the **Education and Training Reform Act 2006** or a vocational education and training organisation registered under section 17 of the National Vocational Education and Training Regulator  \nAct 2011 of the Commonwealth;\n\n***unit of competency*** has the same meaning as in  Part 4.1 of the **Education and Training Reform Act 2006**.\n\n(2) In this Schedule, a code or number in brackets is a reference to the code or number by which a unit of competency is known.\n\nPart 2—Prescribed classes of registration\n\n  **2 Category of building surveyor**\n\nThe classes of building practitioner in respect of the category of building surveyor are the following classes—\n\n(a) class of building surveyor (unlimited);\n\n(b) class of building surveyor (limited).\n\n  **3 Category of building inspector**\n\nThe classes of building practitioner in respect of the category of building inspector are the following classes—\n\n(a) class of building inspector (unlimited);\n\nSch. 9 cl. 3(b) amended by S.R. No. 116/2019 reg. 16(1).\n\n(b) class of building inspector (limited);\n\nSch. 9 cl. 3(c) inserted by S.R. No. 116/2019 reg. 16(2).\n\n(c) class of building inspector (pool safety).\n\nSch. 9 cl. 4 revoked by S.R. No. 73/2021 reg. 15.\n\nSch. 9 cl. 5 (Heading) amended by S.R. No. 2/2024 reg. 7(1).\n\nSch. 9 cl. 5 amended by S.R. No. 2/2024 reg. 7(2).\n\n  **5 Category of building designer**\n\nThe classes of building practitioner in respect of the category of building designer are the following classes—\n\n(a) class of building design (architectural);\n\n(b) class of building design (interior);\n\n(c) class of building design (services).\n\n  **6 Category of builder**\n\nThe classes of building practitioner in respect of the category of builder are the following classes—\n\n(a) class of commercial builder (unlimited);\n\n(b) class of commercial builder (limited to the construction of low rise building work);\n\n(c) class of commercial builder (limited to the construction of medium rise building work);\n\n(d) class of commercial builder (limited to the construction of shade structures work);\n\n(e) class of commercial builder (limited to the erection of signs work);\n\n(f) class of commercial builder (limited to the installation of blinds and awnings work);\n\n(g) class of commercial builder (limited to non‑structural fit-out work);\n\n(h) class of commercial builder (limited to steel erection work);\n\n(i) class of commercial builder (limited to structural fit-out work);\n\n(j) class of commercial builder (limited to structural landscaping work);\n\n(k) class of commercial builder (limited to waterproofing work);\n\n(l) class of domestic builder (unlimited);\n\n(m) class of domestic builder (limited to the construction of non-habitable building structures);\n\n(n) class of domestic builder (limited to the construction of gates and fences);\n\n(o) class of domestic builder (limited to the construction of retaining walls);\n\n(p) class of domestic builder (limited to the construction of swimming pools and spas);\n\n(q) class of domestic builder (limited to the construction of private bushfire shelters);\n\n(r) class of domestic builder (limited to the construction of shade structures);\n\n(s) class of domestic builder (limited to the construction of structural landscaping);\n\n(t) class of domestic builder (limited to bathroom, kitchen and laundry renovation);\n\n(u) class of domestic builder (limited to earthworks and excavation work);\n\n(v) class of domestic builder (limited to footings and slab work);\n\n(w) class of domestic builder (limited to framing);\n\n(x) class of domestic builder (limited to bricklaying and blocklaying);\n\n(y) class of domestic builder (limited to external wall cladding);\n\n(z) class of domestic builder (limited to roof tiling);\n\n(za) class of domestic builder (limited to waterproofing);\n\n(zb) class of domestic builder (limited to door and window replacement and installation);\n\n(zc) class of domestic builder (limited to site works involved in relocating a dwelling);\n\n(zd) class of domestic builder (limited to re‑stumping and re-blocking);\n\n(ze) class of domestic builder (limited to cabinet making, joinery and stair construction);\n\n(zf) class of domestic builder (limited to carpentry);\n\n(zg) class of domestic builder (limited to the erection of poles, masts and antennas);\n\n(zh) class of domestic builder (limited to sheet plastering);\n\n(zi) class of domestic builder (limited to solid plastering and rendering);\n\n(zj) class of domestic builder (limited to floor finishing and covering);\n\n(zk) class of domestic builder (limited to glazing work);\n\n(zl) class of domestic builder (limited to insulation work);\n\n(zm) class of domestic builder (limited to painting and decorating);\n\n(zn) class of domestic builder (limited to floor and wall tiling work);\n\n(zo) class of domestic builder (limited to attaching external fixtures);\n\n(zp) class of demolisher (low rise);\n\n(zq) class of demolisher (medium rise);\n\n(zr) class of demolisher (unlimited).\n\nSch. 9 cl. 7 (Heading) amended by S.R. No. 2/2024 reg. 7(3).\n\nSch. 9 cl. 7 amended by S.R. No. 2/2024 reg. 7(4).\n\n  **7 Category of project manager**\n\nThe class of building practitioner in respect of the category of project manager is the class of project manager (domestic).\n\n  **8 Category of person who erects or supervises the erection of prescribed temporary structures**\n\nThe classes of building practitioner in respect of the category of person who erects or supervises the erection of prescribed temporary structures are the following classes—\n\n(a) class of temporary structures (limited to scaffolding stages and towers);\n\n(b) class of temporary structures (limited to tents and marquees).\n\n**Part 3—Prescribed qualifications**\n\n  **9 Class of building surveyor (unlimited)**\n\nThe prescribed qualifications for registration in the class of building surveyor (unlimited) are—\n\n(ii) a Bachelor of Building Surveying from Victoria University; and\n\n  **10 Class of building surveyor (limited)**\n\nThe prescribed qualifications for registration in the class of building surveyor (limited) are—\n\n(ii) a Bachelor of Building Surveying from Victoria University; or\n\n(iii) an advanced diploma of building surveying (CPC60115) from an RTO; and\n\n  **11 Class of building inspector (unlimited)**\n\nThe prescribed qualifications for registration in the class of building inspector (unlimited) are—\n\n(ii) a Bachelor of Building Surveying from Victoria University; and\n\n  **12 Class of building inspector (limited)**\n\nThe prescribed qualifications for registration in the class of building inspector (limited) are—\n\n(ii) a Bachelor of Building Surveying from Victoria University; or\n\n(iii) an advanced diploma of building surveying (CPC60115) from an RTO; and\n\nSch. 9 cl. 12A inserted by S.R. No. 116/2019 reg. 17.\n\n","sortOrder":363},{"sectionNumber":"12A","sectionType":"section","heading":"Class of building inspector (pool safety)","content":"\t12A Class of building inspector (pool safety)\n\nThe prescribed qualifications for registration in the class of building inspector (pool safety) are—\n\n(a) the successful completion of a course in swimming pool and spa barrier inspection approved by the Authority from a Registered Training Organisation; and\n\n(b) at least 6 months of practical experience.\n\nSch. 9 cl. 13 amended by S.R. No. 75/2018 reg. 28(1), revoked by S.R. No. 73/2021 reg. 15.\n\nSch. 9 cls 14–16 revoked by S.R. No. 73/2021 reg. 15.\n\n  **17 Class of building design (architectural)**\n\nThe prescribed qualifications for registration in the class of building design (architectural) are—\n\n(a) the successful completion of an advanced diploma of building design (architectural) (22268VIC) from an RTO; and\n\n  **18 Class of building design (interior)**\n\n(1) The prescribed qualifications for registration in the class of building design (interior) are—\n\n(i) an advanced diploma of interior design (MSF60113) from an RTO, including the required units of competency; or\n\n(ii) an advanced diploma of building design (22268VIC) from an RTO; and\n\n(a) select and instruct consultants and contractors (MSFID6007); and\n\n(b) investigate legal requirements for design (MSFFDT5014); and\n\n(c) design for large scale commercial or institutional interiors (MSFID6003); and\n\n(d) specify structural elements, systems and services for interior spaces (MSFID5004); and\n\n(e) use CAD applications to complete models and documentation for interior design projects (MSFID5014); and\n\n(f) monitor and manage small business operations (BSBSMB405); and\n\n(g) identify materials, construction techniques and methods used in building interiors (MSFID4007); and\n\n(h) work safely (MSMWHS200).\n\n  **19 Class of building design (services)**\n\n(1) The prescribed qualifications for registration in the class of building design (services) are—\n\n(i) an advanced diploma of engineering technology (mechanical) (22228VIC) from an RTO, including the required units of competency; or\n\n(ii) an advanced diploma of engineering technology (electrical) (UEE62111) from an RTO, including the required units of competency; or\n\n(iii) an advanced diploma of engineering (MEM60112) from an RTO, including the required units of competency; or\n\n(iv) a diploma of fire systems design (CPC50509) from an RTO; and\n\n(2) For the purposes of subclause (1)(a)(i), the required units of competency are—\n\n(a) perform mechanical engineering design drafting (MEM09157A); and\n\n(b) perform computations (MEM12024A); and\n\n(c) produce an engineering drainage design of pipes and culverts (VU21131); and\n\n(d) produce an engineering design for a stormwater reticulation scheme (VU21132); and\n\n(e) produce an engineering design for a sewerage reticulation scheme (VU21133); and\n\n(f) produce engineering drawings for a stormwater reticulation scheme (VU21143); and\n\n(g) generate design solutions (VU21154); and\n\n(h) design fluid power controlled engineering systems (VU21202); and\n\n(i) apply hydraulic principles in engineering (VU21203); and\n\n(j) apply pneumatic principles in engineering (VU21204); and\n\n(k) design pressure sewerage systems (VU21248); and\n\n(l) design sewerage pumping station systems (VU21249).\n\n(3) For the purposes of subclause (1)(a)(ii), the required units of competency are—\n\n(a) prepare engineering drawings using manual drafting and CAD for electrotechnology/ utilities applications (UEENEEE190A); and\n\n(b) prepare electrotechnology/utilities drawings using manual drafting and CAD equipment and software (UEENEEE191A); and\n\n(c) provide advice on effective and energy efficient lighting products (UEENEEG181A).\n\n(4) For the purposes of subclause (1)(a)(iii), the required units of competency are—\n\n(a) perform mechanical engineering design drafting (MEM09157A); and\n\n(b) produce basic engineering detail drawings (MEM09204A); and\n\n(c) evaluate thermal loads in heating, ventilation, air-conditioning and refrigeration (MEM23129A); and\n\n(d) contribute to the design of a commercial refrigeration system (MEM23144A); and\n\n(e) contribute to the design of industrial refrigeration systems (MEM23146A); and\n\n(f) contribute to the design of hydronic systems (MEM23147A); and\n\n(g) contribute to the design of commercial and industrial exhaust systems (MEM23149A); and\n\n(h) contribute to the design of heating systems (MEM23150A); and\n\n(i) contribute to the design of heat exchanger systems (MEM23153A).\n\n  **20 Class of commercial builder (unlimited)**\n\nThe prescribed qualifications for registration in the class of commercial builder (unlimited) are—\n\nSch. 9 cl. 20(a)(ia) inserted by S.R. No. 75/2018 reg. 28(2).\n\n(iv) an advanced diploma of building and construction (management) (CPC60212) from an RTO; and\n\n  **21 Class of commercial builder (limited to the construction of low rise building work)**\n\n(1) The prescribed qualifications for registration in the class of commercial builder (limited to the construction of low rise building work) are—\n\nSch. 9 cl. 21(1)(a)(ia) inserted by S.R. No. 75/2018 reg. 28(2).\n\n(iv) a diploma of building and construction (building) (CPC50210) from an RTO, including the required units of competency; and\n\n(a) apply building codes and standards to the construction process for large building projects (CPCCBC6001B); and\n\n(b) apply structural principles to the construction of large, high rise and complex buildings (CPCCBC6014A).\n\n  **22 Class of commercial builder (limited to the construction of medium rise building work)**\n\nThe prescribed qualifications for registration in the class of commercial builder (limited to the construction of medium rise building work) are—\n\nSch. 9 cl. 22(a)(ia) inserted by S.R. No. 75/2018 reg. 28(2).\n\n(iv) an advanced diploma of building and construction (management) (CPC60212) from an RTO; and\n\n  **23 Class of commercial builder (limited to the construction of shade structures work)**\n\n(1) The prescribed qualifications for registration in the class of commercial builder (limited to the construction of shade structures work) are—\n\n(a) a certificate in carpentry (CPC30211) from an RTO, including the additional units of competency; and\n\n(d) arrange building applications and approvals (CPCCBC4026A).\n\n  **24 Class of commercial builder (limited to the erection of signs work)**\n\n(1) The prescribed qualifications for registration in the class of commercial builder (limited to the erection of signs work) are—\n\n(a) the successful completion of the required units of competency; and\n\n(a) select and prepare a construction contract (CPCCBC4003A); and\n\n(c) read and interpret plans and specifications (CPCCBC4012B); and\n\n(d) arrange building applications and approvals (CPCCBC4026A); and\n\n(e) erect and dismantle restricted height scaffolding (CPCCCM2008B); and\n\n(f) work safely on scaffolding higher than 2 metres (CPCCCM2010); and\n\n(g) operate elevated work platforms up to 11 metres (CPCCCM3001); and\n\n(h) work safely around electrical sources, services and assets (CPCCCM3003); and\n\n(i) carry out concreting to simple forms (CPCCCO2013A); and\n\n(j) apply basic levelling procedures (CPCCCM2006); and\n\n(k) identify construction work hazards and select risk control strategies (CPCCWHS3001).\n\n  **25 Class of commercial builder (limited to the installation of blinds and awnings work)**\n\n(1) The prescribed qualifications for registration in the class of commercial builder (limited to the installation of blinds and awnings work) are—\n\n(a) the successful completion of a certificate in blinds, awnings, security screens and grilles (MSF30913) from an RTO, including the required units of competency and the additional units of competency; and\n\n(d) arrange building applications and approvals (CPCCBC4026A); and\n\n(e) read and interpret plans and specifications (CPCCBC4012B).\n\n(a) install metal structures and features (AHCLSC308); and\n\n(b) install exterior blinds and awnings (MSFBA3002); and\n\n(c) perform minor maintenance (MSTGN2005).\n\n  **26 Class of commercial builder (limited to non‑structural fit-out work)**\n\n(1) The prescribed qualifications for registration in the class of commercial builder (limited to non‑structural fit-out work) are—\n\n(i) a certificate in shopfitting (CPC30116) from an RTO, including the additional units of competency; or\n\n(ii) a certificate in carpentry (CPC30211) from an RTO, including the additional units of competency; or\n\n(iii) a certificate in carpentry and joinery (CPC32011) from an RTO, including the additional units of competency; and\n\n(d) arrange building applications and approvals (CPCCBC4026A).\n\n  **27 Class of commercial builder (limited to steel erection work)**\n\n(1) The prescribed qualifications for registration in the class of commercial builder (limited to steel erection work) are—\n\n(a) the successful completion of a certificate in rigging (CPC30711) from an RTO, including the required unit of competency and the additional units of competency; and\n\n(e) apply structural principles to commercial low rise constructions (CPCCBC4011B); and\n\n(f) arrange building applications and approvals (CPCCBC4026A).\n\n(3) For the purposes of this clause, the required unit of competency is perform advanced structural steel erection (CPCCRI3014A).\n\n  **28 Class of commercial builder (limited to structural fit-out work)**\n\n(1) The prescribed qualifications for registration in the class of commercial builder (limited to structural fit-out work) are—\n\n(i) a certificate in shopfitting (CPC30116) from an RTO, including the additional units of competency; or\n\n(ii) a certificate in carpentry (CPC30211) from an RTO, including the additional units of competency; or\n\n(iii) a certificate in carpentry and joinery (CPC32011) from an RTO, including the additional units of competency; and\n\n(d) apply building codes and standards to the construction process for medium rise building projects (CPCCBC5001B); and\n\n  **29 Class of commercial builder (limited to structural landscaping work)**\n\n(1) The prescribed qualifications for registration in the class of commercial builder (limited to structural landscaping work) are—\n\n(i) a certificate in landscape construction (AHC30916) from an RTO, including the additional units of competency; or\n\nSch. 9 cl. 29(1)(a)(ii) amended by S.R. No. 75/2018 reg. 28(3).\n\n(ii) a diploma of landscape design (AHC50616) from an RTO, including the additional units of competency; and\n\n  **30 Class of commercial builder (limited to waterproofing work)**\n\n(1) The prescribed qualifications for registration in the class of commercial builder (limited to waterproofing work) are—\n\n(a) a certificate in construction waterproofing (CPC31411) from an RTO, including the additional units of competency; and\n\n  **31 Class of domestic builder (unlimited)**\n\nThe prescribed qualifications for registration in the class of domestic builder (unlimited) are—\n\n(iii) a diploma of building and construction (building) (CPC50210) from an RTO; and\n\n  **32 Class of domestic builder (limited to the construction of non-habitable building structures)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to the construction of non-habitable building structures) are—\n\n(a) a certificate in carpentry (CPC30211) from an RTO, including the additional units of competency; and\n\n(c) select and prepare a construction contract (CPCCBC4003A); and\n\n(d) identify construction work hazards and select risk control strategies (CPCCWHS3001).\n\n  **33 Class of domestic builder (limited to the construction of gates and fences)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to the construction of gates and fences) are—\n\n(i) a certificate in carpentry (CPC30211) from an RTO, including the additional units of competency; and\n\n(ii) a certificate in bricklaying and blocklaying (CPC30111) from an  \nRTO, including the required units of competency and the additional units of competency; and\n\n(a) lay masonry walls and corners (CPCCBL3005A); and\n\n(b) lay multi-thickness walls and piers (CPCCBL3006A).\n\n  **34 Class of domestic builder (limited to the construction of retaining walls)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to the construction of retaining walls) are—\n\n(a) the successful completion of a certificate in landscape construction (AHC30916) from an RTO, including the required units of competency and the additional units of competency; and\n\n(a) erect timber structures and features (AHCLSC304); and\n\n(b) implement a retaining wall project (AHCLSC307).\n\n  **35 Class of domestic builder (limited to the construction of swimming pools and spas)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to the construction of swimming pools and spas) are—\n\n(a) the successful completion of a certificate in swimming pool and spa building (CPC40808) from an RTO, including the additional unit of competency; and\n\n(2) For the purposes of this clause, the additional unit of competency is arrange building applications and approvals (CPCCBC4026A).\n\n  **36 Class of domestic builder (limited to the construction of private bushfire shelters)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to the construction of private bushfire shelters) are—\n\n(a) the successful completion of a certificate in carpentry (CPC30211) from an RTO, including the additional units of competency; and\n\n  **37 Class of domestic builder (limited to the construction of shade structures)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to the construction of shade structures) are—\n\n(a) the successful completion of a certificate in carpentry (CPC30211) from an RTO, including the additional units of competency; and\n\n  **38 Class of domestic builder (limited to the construction of structural landscaping)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to the construction of structural landscaping) are—\n\n(a) the successful completion of a certificate in landscape construction (AHC30916) from an RTO, including the additional units of competency; and\n\n(c) read and interpret plans and specifications (CPCCBC4012B); and\n\n(d) select and prepare a construction contract (CPCCBC4003A).\n\n  **39 Class of domestic builder (limited to bathroom, kitchen and laundry renovation)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to bathroom, kitchen and laundry renovation) are—\n\n(a) the successful completion of a certificate in cabinet making (MSF31113) from an RTO, including the additional units of competency; and\n\n  **40 Class of domestic builder (limited to earthworks and excavation work)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to earthworks and excavation work) are—\n\n(a) the successful completion of a certificate in civil construction plant operations (RII30815) from an RTO, including the required units of competency and the additional units of competency; and\n\n(a) produce labour and material schedules for ordering (CPCCBC4005A); and\n\n(b) read and interpret plans and specifications (CPCCBC4012B); and\n\n(c) arrange building applications and approvals (CPCCBC4026A).\n\n(a) apply the principles of earthworks construction (RIIMPO402D); and\n\n(b) conduct earthworks (RIICRC306D); and\n\n(c) carry out excavation (CPCCCM2002A); and\n\n(d) install trench support (RIICCM210D).\n\n  **41 Class of domestic builder (limited to footings and slab work)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to footings and slab work) are—\n\n(a) the successful completion of a certificate in concreting (CPC30313) from an RTO, including the additional unit of competency; and\n\n(2) For the purposes of this clause, the additional unit of competency is arrange building applications and approvals (CPCCBC4026A).\n\n  **42 Class of domestic builder (limited to framing)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to framing) are—\n\n(a) the successful completion of a certificate in carpentry (CPC30211) from an RTO, including the required units of competency and the additional units of competency; and\n\n(a) construct ceiling frames (CPCCCA3005B); and\n\n(b) construct pitched roofs (CPCCCA3007C); and\n\n(c) erect roof trusses (CPCCCA3006B).\n\n  **43 Class of domestic builder (limited to bricklaying and blocklaying)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to bricklaying and blocklaying) are—\n\n(a) the successful completion of a certificate in bricklaying and blocklaying (CPC30111) from an RTO, including the additional units of competency; and\n\n  **44 Class of domestic builder (limited to external wall cladding)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to external wall cladding) are—\n\n(a) the successful completion of a certificate in carpentry (CPC30211) from an RTO, including the required unit of competency and the additional units of competency; and\n\n(3) For the purposes of this clause, the required unit of competency is install exterior cladding (CPCCCA3017B).\n\n  **45 Class of domestic builder (limited to roof tiling)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to roof tiling) are the successful completion of—\n\n(a) a certificate in roof tiling (CPC30812) from an RTO, including the additional units of competency; and\n\n  **46 Class of domestic builder (limited to waterproofing)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to waterproofing) are—\n\n(a) the successful completion of a certificate in construction waterproofing (CPC31411) from an RTO, including the additional units of competency; and\n\n  **47 Class of domestic builder (limited to door and window replacement and installation)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to door and window replacement and installation) are—\n\n(ii) a certificate in joinery (CPC31912) from an RTO, including the additional units of competency; and\n\n  **48 Class of domestic builder (limited to site works involved in relocating a dwelling)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to site works involved in relocating a dwelling) are—\n\n(ii) a certificate in civil foundations (RII31215) from an RTO, including the required units of competency and the additional units of competency; and\n\n(3) For the purposes of this regulation, the required units of competency are—\n\n(a) conduct earthworks (RIICRC306D); and\n\n(b) construct underpinning (RIICFW301D).\n\n  **49 Class of domestic builder (limited to re-stumping and re-blocking)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to re‑stumping and re-blocking) are—\n\n(a) the successful completion of a certificate in civil foundations (RII31215) from an RTO, including the additional units of competency; and\n\n  **50 Class of domestic builder (limited to cabinet making, joinery and stair construction)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to cabinet making, joinery and stair construction) are—\n\n(i) a certificate in cabinet making (MSF31113) from an RTO, including the additional units of competency and the required unit of competency; or\n\n(ii) a certificate in joinery (CPC31912) from an RTO, including the additional units of competency; or\n\n(iii) a certificate in carpentry (CPC30211) from an RTO, including the additional units of competency; and\n\n(3) For the purposes of this clause, the required unit of competency is install furnishing products (MSFFM3006).\n\n  **51 Class of domestic builder (limited to carpentry)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to carpentry) are—\n\n(a) the successful completion of a certificate in carpentry (CPC30211) from an RTO, including the additional units of competency; and\n\n  **52 Class of domestic builder (limited to the erection of poles, masts and antennas)**\n\n(1) The prescribed qualification for registration in the class of domestic builder (limited to the erection of poles, masts and antennas) are—\n\n(a) the successful completion of the required units of competency from an RTO; and\n\n(a) produce labour and material schedules for ordering (CPCCBC4005A); and\n\n(b) read and interpret plans and specifications (CPCCBC4012B); and\n\n(c) install a terrestrial antenna (ICTRFN202); and\n\n(d) install a satellite antenna (ICTRFN201); and\n\nUnder regulation 7 of the Domestic Building Contracts Regulations 2017, if this type of building work is undertaken in isolation under a contract, it is not considered domestic building work to which the **Domestic Building Contracts Act 1995** applies. However registration under Part 11 of the Act to carry out this type of building work is required if this work and another type of building work listed under regulation 7 of the Domestic Building Contracts Regulations 2017 are to be carried out under the same contract because that work is then considered to be domestic building work for the purposes of the **Domestic Building Contracts Act 1995**.\n\n  **53 Class of domestic builder (limited to sheet plastering)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to sheet plastering) are—\n\n(a) the successful completion of a certificate in wall and ceiling lining (CPC31211) from an RTO, including the additional units of competency; and\n\nUnder regulation 7 of the Domestic Building Contracts Regulations 2017, if this type of building work is undertaken in isolation under a contract, it is not considered domestic building work to which the **Domestic Building Contracts Act 1995** applies. However registration under Part 11 of the Act to carry out this type of building work is required if this work and another type of building work listed under regulation 7 of the Domestic Building Contracts Regulations 2017 are to be carried out under the same contract because that work is then considered to be domestic building work for the purposes of the **Domestic Building Contracts Act 1995**.\n\n  **54 Class of domestic builder (limited to solid plastering and rendering)**\n\n(1) The prescribed qualification for registration in the class of domestic builder (limited to solid plastering and rendering) are—\n\n(a) the successful completion of a certificate in solid plastering (CPC31011) from an RTO, including the additional units of competency; and\n\nUnder regulation 7 of the Domestic Building Contracts Regulations 2017, if this type of building work is undertaken in isolation under a contract, it is not considered domestic building work to which the **Domestic Building Contracts Act 1995** applies. However registration under Part 11 of the Act to carry out this type of building work is required if this work and another type of building work listed under regulation 7 of the Domestic Building Contracts Regulations 2017 are to be carried out under the same contract because that work is then considered to be domestic building work for the purposes of the **Domestic Building Contracts Act 1995**.\n\n  **55 Class of domestic builder (limited to floor finishing and covering)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to floor finishing and covering) are—\n\n(a) the successful completion of a certificate in flooring technology (MSF30813) from an RTO, including the additional units of competency; and\n\nUnder regulation 7 of the Domestic Building Contracts Regulations 2017, if this type of building work is undertaken in isolation under a contract, it is not considered domestic building work to which the **Domestic Building Contracts Act 1995** applies. However registration under Part 11 of the Act to carry out this type of building work is required if this work and another type of building work listed under regulation 7 of the Domestic Building Contracts Regulations 2017 are to be carried out under the same contract because that work is then considered to be domestic building work for the purposes of the **Domestic Building Contracts Act 1995**.\n\n  **56 Class of domestic builder (limited to glazing work)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to glazing work) are—\n\n(a) the successful completion of a certificate in glass and glazing (MSF30413) from an RTO, including the additional units of competency; and\n\nUnder regulation 7 of the Domestic Building Contracts Regulations 2017, if this type of building work is undertaken in isolation under a contract, it is not considered domestic building work to which the **Domestic Building Contracts Act 1995** applies. However registration under Part 11 of the Act to carry out this type of building work is required if this work and another type of building work listed under regulation 7 of the Domestic Building Contracts Regulations 2017 are to be carried out under the same contract because that work is then considered to be domestic building work for the purposes of the **Domestic Building Contracts Act 1995**.\n\n  **57 Class of domestic builder (limited to insulation work)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to insulation work) are—\n\n(a) the successful completion of a certificate in wall and ceiling lining (CPC31211) from an RTO, including the additional units of competency and the required units of competency; and\n\nSch. 9 cl. 57(3)(a) substituted by S.R. No. 75/2018 reg. 28(4).\n\n(a) install bulk insulation and pliable membrane products (CPCCPB3014); and\n\n(b) install acoustic and thermal environmental protection systems (CPCCPB3015A); and\n\nSch. 9 cl. 57(3)(c) amended by S.R. No. 75/2018 reg. 28(5).\n\n(c) install ceiling insulation products (CPCCPB3027).\n\nUnder regulation 7 of the Domestic Building Contracts Regulations 2017, if this type of building work is undertaken in isolation under a contract, it is not considered domestic building work to which the **Domestic Building Contracts Act 1995** applies. However registration under Part 11 of the Act to carry out this type of building work is required if this work and another type of building work listed under regulation 7 of the Domestic Building Contracts Regulations 2017 are to be carried out under the same contract because that work is then considered to be domestic building work for the purposes of the **Domestic Building Contracts Act 1995**.\n\n  **58 Class of domestic builder (limited to painting and decorating)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to painting and decorating) are—\n\n(a) the successful completion of a certificate in painting and decorating (CPC30611) from an RTO, including the additional units of competency; and\n\nUnder regulation 7 of the Domestic Building Contracts Regulations 2017, if this type of building work is undertaken in isolation under a contract, it is not considered domestic building work to which the **Domestic Building Contracts Act 1995** applies. However registration under Part 11 of the Act to carry out this type of building work is required if this work and another type of building work listed under regulation 7 of the Domestic Building Contracts Regulations 2017 are to be carried out under the same contract because that work is then considered to be domestic building work for the purposes of the **Domestic Building Contracts Act 1995**.\n\n  **59 Class of domestic builder (limited to floor and wall tiling work)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to floor and wall tiling work) are—\n\n(a) the successful completion of a certificate in wall and floor tiling (CPC31311) from an RTO, including the additional units of competency; and\n\nUnder regulation 7 of the Domestic Building Contracts Regulations 2017, if this type of building work is undertaken in isolation under a contract, it is not considered domestic building work to which the **Domestic Building Contracts Act 1995** applies. However registration under Part 11 of the Act to carry out this type of building work is required if this work and another type of building work listed under regulation 7 of the Domestic Building Contracts Regulations 2017 are to be carried out under the same contract because that work is then considered to be domestic building work for the purposes of the **Domestic Building Contracts Act 1995**.\n\n  **60 Class of domestic builder (limited to attaching external fixtures)**\n\n(1) The prescribed qualifications for registration in the class of domestic builder (limited to attaching external fixtures) are—\n\n(ii) a certificate in blinds, awnings, security screens and grilles (MSF30913) from an RTO, including the additional units of competency; and\n\nUnder regulation 7 of the Domestic Building Contracts Regulations 2017, if this type of building work is undertaken in isolation under a contract, it is not considered domestic building work to which the **Domestic Building Contracts Act 1995** applies. However registration under Part 11 of the Act to carry out this type of building work is required if this work and another type of building work listed under regulation 7 of the Domestic Building Contracts Regulations 2017 are to be carried out under the same contract because that work is then considered to be domestic building work for the purposes of the **Domestic Building Contracts Act 1995**.\n\n  **61 Class of demolisher (low rise)**\n\nThe prescribed qualifications for registration in the class of demolisher (low rise) are—\n\n(a) the successful completion of a certificate in demolition (CPC30413) from an RTO; and\n\n  **62 Class of demolisher (medium rise)**\n\nThe prescribed qualifications for registration in the class of demolisher (medium rise) are—\n\n(a) the successful completion of a certificate in demolition (CPC30413) from an RTO; and\n\n  **63 Class of demolisher (unlimited)**\n\nThe prescribed qualifications for registration in the class of demolisher (unlimited) are—\n\n(a) the successful completion of a certificate in demolition (CPC41013) from an RTO; and\n\n  **64 Class of project manager (domestic)**\n\nThe prescribed qualifications for registration in the class of project manager (domestic) are—\n\n(iii) a Graduate Diploma of Construction Management from Swinburne University of Technology; or\n\n(iv) a diploma of building and construction (management) (CPC50308) from an RTO; and\n\n  **65 Category of quantity surveyor**\n\nThe prescribed qualifications for registration in the category of quantity surveyor are—\n\n(i) a Bachelor of Applied Science (Construction Management) from RMIT University; or\n\n(iii) a Bachelor of Construction Management and Economics from Holmesglen Institute; and\n\n  **66 Class of temporary structures (limited to scaffolding stages and towers)**\n\n(1) The prescribed qualifications for registration in the class of temporary structures (limited to scaffolding stages and towers) are at least 2 years of practical experience and—\n\n(a) an intermediate scaffolding licence issued under the Occupational Health and Safety Regulations 2017; or\n\n(b) the successful completion of the required unit of competency from an RTO.\n\n(2) For the purposes of this clause, the required unit of competency from an RTO is identify construction work hazards and select risk control strategies (CPCCWHS3001).\n\n  **67 Class of temporary structures (limited to tents and marquees)**\n\n(1) The prescribed qualifications for registration in the class of temporary structures (limited to tents and marquees) are—\n\n(a) the successful completion of the required unit of competency from an RTO; and\n\n(b) 2 years of practical experience.\n\n(2) For the purposes of this clause, the required unit of competency from an RTO is identify construction work hazards and select risk control strategies (CPCCWHS3001).\n\nSch. 10 amended by S.R. No. 2/2024 reg. 8.\n\n","sortOrder":364},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"Work authorised to be carried","content":"Schedule 10—Work authorised to be carried  \nout by a registered building surveyor\n\nRegulation 259\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Category/prescribed class of building practitioner* | *Column 3*<br>*Authorised work* |\n| 1 | Category of building surveyor, class of building surveyor (unlimited) | Any functions conferred on a building surveyor under the Act and these Regulations, for all classes of building of unlimited height or floor area including the following—<br>(a) issuing building permits and temporary approvals as applicable under the Act;<br>(b) arranging and undertaking inspections of building work to determine compliance with the Act, these Regulations and the building permit;<br>(c) taking actions authorised under the Act and these Regulations to ensure building work complies with the Act, these Regulations and the building permit, including issuing—<br>(i) building notices; and<br>(ii) building orders; and<br>(iii) directions to fix building work under section 37A of the Act;<br>(d) approving the use and occupation of buildings in accordance with the Act and these Regulations, including issuing occupancy permits and certificates of final inspection;<br>(e) carrying out the functions of a municipal building surveyor if the building surveyor—<br>(i) has been appointed as a municipal building surveyor in accordance with section 213 of the Act; or |\n|  |  | (ii) is deemed to be a municipal building surveyor under section 215 of the Act; or<br>(iii) is acting as a delegate of a municipal building surveyor under section 216B of the Act, but only to the extent of carrying out the functions set out in the instrument of delegation;<br>(f) issuing certificates of compliance stating that proposed building work in the nature of design work complies with the Act and these Regulations;<br>(g) in relation to building work that has been inspected personally by that building surveyor, issuing certificates of compliance stating that the building work complies with the Act and these Regulations. |\n| 2 | Category of building surveyor, class of building surveyor (limited) | Any functions conferred on a building surveyor under the Act and these Regulations, for all classes of building up to 3 storeys in height with a maximum floor area of 2000 m2 including the following—<br>(a) issuing building permits and temporary approvals as applicable under the Act;<br>(b) undertaking inspections of building work to determine compliance with the Act, these Regulations and the building permit; |\n|  |  | (c) taking actions authorised under the Act and these Regulations to ensure building work complies with the Act, these Regulations and the building permit, including issuing—<br>(i) building notices; and<br>(ii) building orders; and<br>(iii) directions to fix building work under section 37A of the Act; |\n|  |  | (d) approving the use and occupation of buildings in accordance with the Act and these Regulations, including issuing occupancy permits and certificates of final inspection;<br>(e) carrying out the functions of a municipal building surveyor if the building surveyor is acting as a delegate or a municipal building surveyor under section 216B of the Act, but only to the extent of carrying out the functions set out in the instrument of delegation;<br>(f) issuing certificates of compliance stating that proposed building work in the nature of design work complies with the Act and these Regulations;<br>(g) in relation to building work that has been inspected personally by that building surveyor, issuing certificates of compliance stating that the building work complies with the Act and these Regulations. |\n\nSch. 11 amended by S.R. Nos 116/2019 reg. 18, 2/2024 reg. 9.\n\n","sortOrder":365},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":"Work authorised to be carried","content":"Schedule 11—Work authorised to be carried  \nout by a registered building inspector\n\nRegulation 260\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Category/prescribed class of building practitioner* | *Column 3*<br>*Authorised work* |\n| 1 | Category of building inspector, class of building inspector (unlimited) | Any functions conferred on a building inspector under the Act and these Regulations, for all classes of building of unlimited height or floor area including the following—<br>(a) undertaking inspections of building work to determine compliance with the Act, these Regulations and the building permit at the request of the relevant building surveyor;<br>(b) issuing oral directions to fix building work under Division 2 of Part 4 of the Act if authorised by the relevant building surveyor;<br>(c) in relation to building work that has been inspected personally by that building inspector, issuing certificates of compliance under regulation 123 stating that the building work complies with the Act and these Regulations. |\n| 2 | Category of building inspector, class of building inspector (limited) | Any functions conferred on a building inspector under the Act and these Regulations for all classes of buildings (excluding buildings with basements) of up to 3 storeys in height with a maximum floor area of 500 m2 or for all classes of buildings (including buildings with basements) of up to 3 storeys in height with a maximum floor area of up to 2000 m2 including the following—<br>(a) undertaking inspections of building work to determine compliance with the Act, these Regulations and the building permit at the request of the relevant building surveyor;<br>(b) issuing directions to fix building work under Division 2 of Part 4 of the Act where authorised by the relevant building surveyor;<br>(c) in relation to building work that has been inspected personally by that building inspector, issuing certificates of compliance under regulation 123 stating that the building work complies with the Act and these Regulations. |\n| 3 | Category of building inspector, class of building inspector (pool safety) | Any functions conferred on a swimming pool inspector under the Act and Part 9A of these Regulations including the following—<br>(a) undertaking inspections of swimming pool and spa barriers to determine compliance with the applicable barrier standard;<br>(b) issuing certificates of pool and spa barrier compliance;<br>(c) issuing certificates of pool and spa barrier non-compliance;<br>(d) lodging certificates of pool and spa barrier non-compliance with the relevant council. |\n\n","sortOrder":366},{"sectionNumber":"Sch 12","sectionType":"schedule","heading":"Domestic building work authorised to be carried out by registered domestic builders","content":"Schedule 12—Domestic building work authorised to be carried out by registered domestic builders\n\nRegulation 261\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Category/prescribed class of building practitioner* | *Column 3*<br>*Authorised domestic building work* |\n| 1 | Category of builder, class of domestic builder (unlimited) | The carrying out of all components of domestic building work. |\n| 2 | Category of builder, class of domestic builder (limited to the construction of non-habitable building structures) | The carrying out of domestic building work associated with the construction of the following Class 10 buildings which are above ground and free standing in structure—<br>(a) a private garage;<br>(b) a carport;<br>(c) a separate single storey garage associated with another building if the garage contains no more than 3 vehicle spaces;<br>(d) a shed;<br>(e) a cabana;<br>(f) a gazebo;<br>(g) a shade structure.<br>Work in this class does not include the following work—<br>(a) the construction of retaining walls that are not part of the non-habitable building;<br>(b) the construction of external bathrooms, kitchens or laundries. |\n| 3 | Category of builder, class of domestic builder (limited to the construction of gates and fences) | The carrying out of domestic building work associated with the following work—<br>(a) the construction and dismantling of all types of fencing of any type of material, including associated manual and automatic gates; |\n|  |  | (b) the construction of safety barriers for swimming pools and spas. |\n| 4 | Category of builder, class of domestic builder (limited to the construction of retaining walls) | The carrying out of domestic building work associated with the construction of retaining walls of any material that do not form part of another building. |\n| 5 | Category of builder, class of domestic builder (limited to the construction of swimming pools and spas) | The carrying out of domestic building work associated with the construction of swimming pools and spas and the construction of appropriate safety barriers for those swimming pools or spas.<br>Work in this class does not include the following work—<br>(a) the construction of retaining walls;<br>(b) the construction of shade structures;<br>(c) the maintenance and general repair of swimming pools and spas;<br>(d) water chemistry. |\n| 6 | Category of builder, class of domestic builder (limited to the construction of private bushfire shelters) | The carrying out of domestic building work associated with the construction of private bushfire shelters. |\n| 7 | Category of builder, class of domestic builder (limited to the construction of shade structures) | The carrying out of domestic building work associated with the construction of shade structures. |\n| 8 | Category of builder, class of domestic builder (limited to the construction of structural landscaping) | The carrying out of domestic building work associated with the following work—<br>(a) the construction of the following—<br>(i) retaining walls of any material, that do not form part of another building;<br>(ii) gates; |\n|  |  | (iii) fences (excluding swimming pool and spa safety barriers);<br>(iv) gazebos;<br>(v) driveways;<br>(vi) paths;<br>(vii) external stairs and ramps;<br>(viii) cabanas;<br>(ix) pergolas;<br>(x) decks;<br>(xi) ornamental ponds, water features and other structural ornamentation;<br>(b) drainage associated with work in paragraph (a);<br>(c) irrigation associated with work in paragraph (a);<br>(d) paving associated with work in paragraph (a). |\n| 9 | Category of builder, class of domestic builder (limited to bathroom, kitchen and laundry renovation) | The carrying out of domestic building work associated with renovating bathrooms, kitchens and laundries that do not extend beyond the existing external walls, floor or ceiling of a home, including any site works, work requirements to gain access to the site, the removal of site impediments and the replacement of walls. |\n| 10 | Category of builder, class of domestic builder (limited to earthworks and excavation work) | The carrying out of domestic building work associated with the removal of earth, soil, rock and grass roots to excavation lines and levels to form a hole or trench, including site preparation work, the consideration of soil types and classifications and site drainage requirements for—<br>(a) structural supports; or<br>(b) walls or floors of a building; or<br>(c) structural landscaping work; or |\n|  |  | (d) site preparation works including—<br>(i) the consideration of soil types and classifications; and<br>(ii) site drainage requirements. |\n| 11 | Category of builder, class of domestic builder (limited to footings and slab work) | The carrying out of domestic building work associated with the selection and placement of footing systems for—<br>(a) structural supports; or<br>(b) walls or floors of a building; or<br>(c) structural landscaping work; or<br>(d) the construction and installation of reinforced or bulk concrete footing and structural elements for buildings; or<br>(e) formwork; or<br>(f) falsework; or<br>(g) underpinning. |\n| 12 | Category of builder, class of domestic builder (limited to framing) | The carrying out of domestic building work associated with the following work—<br>(a) fabricating, erecting and bracing wall frames (load bearing and non-load bearing);<br>(b) erection and replacement of roof trusses. |\n| 13 | Category of builder, class of domestic builder (limited to bricklaying and blocklaying) | The carrying out of domestic building work associated with the following work—<br>(a) construction of internal or external walls, isolated piers, arches, fireplaces and chimneys;<br>(b) concrete rendering to buildings and masonry fixtures;<br>(c) rammed earth or form cell construction;<br>(d) mud brick footings to houses. |\n| 14 | Category of builder, class of domestic builder (limited to external wall cladding) | The carrying out of domestic building work associated with applying the following types of external wall cladding to homes—<br>(a) weatherboards (timber or vinyl);<br>(b) manufactured board or sheet panels;<br>(c) lightweight aerated autoclaved concrete panels. |\n| 15 | Category of builder, class of domestic builder (limited to roof tiling) | The carrying out of domestic building work associated with the following work—<br>(a) initial tiling of roofs;<br>(b) the repair and renovation of existing tiled roofs;<br>(c) re-pointing, sarking, cutting, bedding and pointing of roof tiles. |\n| 16 | Category of builder, class of domestic builder (limited to waterproofing) | The carrying out of domestic building work associated with waterproofing and the application, installation and repair of membranes or systems that may be applied to the interior, exterior, below ground and remedial areas of a home, except swimming pools and spas. |\n| 17 | Category of builder, class of domestic builder (limited to door and window replacement and installation) | The carrying out of domestic building work associated with selection, setting out, installation, removal or replacement of windows and doors. |\n| 18 | Category of builder, class of domestic builder (limited to site works involved in relocating a dwelling) | The carrying out of domestic building work associated with relocating a home, consisting of—<br>(a) preparation of the new site; and<br>(b) work associated with joining sections of the home, and<br>(c) repairing and replacing materials as a result of the relocation of the home.<br>Work in this class does not include transportation of a home or part of a home. |\n| 19 | Category of builder, class of domestic builder (limited to re-stumping and re‑blocking) | The carrying out of domestic building work associated with sub-floor works and the levelling and supporting of existing structures to ensure they have solid foundations. |\n| 20 | Category of builder, class of domestic builder (limited to cabinet making, joinery and stair construction) | The carrying out of domestic building work associated with the following work—<br>(a) the manufacture, assembly and installation of joinery and joinery products, including cabinets, cupboards, shelving and fitments;<br>(b) cabinet-making work, including constructing cabinets and components of cabinets on site and making adjustments when required;<br>(c) constructing stairs. |\n| 21 | Category of builder, class of domestic builder (limited to carpentry) | The carrying out of domestic building work involving carpentry work associated with the alteration and repair of homes, carports, garages, pergolas, decks, verandas and similar structures.<br>Work in this class also includes the domestic building work authorised to be carried out by the following classes of domestic builder—<br>(a) class of domestic builder (limited to the construction of non-habitable building structures);<br>(b) class of domestic builder (limited to the construction of gates and fences);<br>(c) class of domestic builder (limited to bathroom, kitchen and laundry renovation);<br>(d) class of domestic builder (limited to framing);<br>(e) class of domestic builder (limited to external wall cladding); |\n|  |  | (f) class of domestic builder (limited to door and window replacement and installation);<br>(g) class of domestic builder (limited to cabinet making, joinery and stair construction). |\n| 22 | Category of builder, class of domestic builder (limited to the erection of poles, masts and antennas) | The carrying out of domestic building work associated with the erection of poles, masts and antennas attached to a home if the pole, mast or antenna—<br>(a) exceeds a height of 3 m above the highest point of its attachment to the home; or<br>(b) exceeds a height of 8 m above ground level. |\n| 23 | Category of builder, class of domestic builder (limited to sheet plastering) | The carrying out of domestic building work associated with sheet plastering, including the cutting and fixing of interior wall boards. |\n| 24 | Category of builder, class of domestic builder (limited to solid plastering and rendering) | The carrying out of domestic building work associated with the following solid plastering work—<br>(a) the application of plaster or render to interior or exterior surfaces;<br>(b) the restoration and renovation of solid plaster;<br>(c) the installation of associated cornices and decorative moulds. |\n| 25 | Category of builder, class of domestic builder (limited to floor finishing and covering) | The carrying out of domestic building work associated with—<br>(a) the installation of non-structural flooring; and<br>(b) floor coverings including timber, timber veneers, parquetry, cork, carpet and vinyl.<br>Work in this class does not include fixing floor tiles. |\n| 26 | Category of builder, class of domestic builder (limited to glazing work) | The carrying out of domestic building work involving the installation of glass, acrylic or other like materials in prepared openings, such as windows, door panels, screens, fences, balustrades or partitions. |\n| 27 | Category of builder, class of domestic builder (limited to insulation work) | The carrying out of domestic building work involving installing insulation into ceilings, external walls and floors and around pipe and duct work, including the selection of appropriate types of insulation material for such installations. |\n| 28 | Category of builder, class of domestic builder (limited to painting and decorating) | The carrying out of domestic building work involving—<br>(a) preparation of surfaces for the application of paint; and<br>(b) the application of paint or other substances for protective, decorative or technical purposes; and<br>(c) colour matching. |\n| 29 | Category of builder, class of domestic builder (limited to floor and wall tiling work) | The carrying out of domestic building work involving affixing tiles for functional or decorative use on the internal or external surfaces of a home, including a swimming pool or spa, which includes waterproofing the tiling. |\n| 30 | Category of builder, class of domestic builder (limited to attaching external fixtures) | The carrying out of domestic building work involving the installation of external fixtures such as blinds, awnings, security screens, insect screens and balustrades. |\n\nSch. 13 inserted by S.R. No. 180/2018 reg. 14.\n\n","sortOrder":367},{"sectionNumber":"Sch 13","sectionType":"schedule","heading":"Planning schemes that have an approved infrastructure contributions plan","content":"Schedule 13—Planning schemes that have an approved infrastructure contributions plan\n\nRegulation 269\n\n1 Cardinia Planning Scheme\n\n2 Casey Planning Scheme\n\n3 Hume Planning Scheme\n\n4 Melton Planning Scheme\n\n5 Mitchell Planning Scheme\n\n6 Whittlesea Planning Scheme\n\n7 Wyndham Planning Scheme\n\n ════════════\n\nEndnotes\n\n","sortOrder":368},{"sectionNumber":"1","sectionType":"section","heading":"General information","content":"1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Building Regulations 2018, S.R. No. 38/2018 were made on 27 March 2018 by the Governor in Council under sections 7, 9, 15A, 261 and 262 of, and Schedule 1 to, the **Building Act 1993**, No. 126/1993 and came into operation on 2 June 2018: regulation 3.\n\nThe Building Regulations 2018 will sunset 10 years after the day of making on 27 March 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Building Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nBuilding Regulations 2018, S.R. No. 38/2018 (as amended by S.R. Nos 42/2020, 50/2022, 65/2023, 102/2023)\n\n| *Date of Making:* | 27.3.18 |\n| *Date of Commencement:* | Reg. 282(2) on 2.6.18: reg. 3; reg. 10A(3) inserted on 26.9.23 by S.R. No. 102/2023 reg. 4 |\n| *Note:* | Reg. 282(2) revoked reg. 282 on 1.7.18; reg. 10A(3) revoked reg. 10A on 1.5.24 |\n\nBuilding Amendment Regulations 2018, S.R. No. 75/2018\n\n| *Date of Making:* | 13.6.18 |\n| *Date of Commencement:* | Regs 11, 24, 25, 27 on 13.6.18: reg. 3(1);    regs 5–10, 12–23, 26, 28 on 1.7.18: reg. 3(2) |\n\nBuilding Amendment (Garden Area and Siting Requirements) Regulations 2018, S.R. No. 100/2018\n\n| *Date of Making:* | 10.7.18 |\n| *Date of Commencement:* | 10.7.18 |\n\nBuilding Further Amendment Regulations 2018, S.R. No. 180/2018\n\n| *Date of Making:* | 23.10.18 |\n| *Date of Commencement:* | 23.10.18 |\n\nBuilding Amendment Regulations 2019, S.R. No. 40/2019\n\n| *Date of Making:* | 4.6.19 |\n| *Date of Commencement:* | Regs 5, 6, 9–30 on 4.6.19: reg. 3(1); regs 7, 8 on 1.7.19: reg. 3(2) |\n\nBuilding Amendment (Swimming Pool and Spa) Regulations 2019, S.R. No. 116/2019\n\n| *Date of Making:* | 26.11.19 |\n| *Date of Commencement:* | 1.12.19: reg. 3 |\n\nBuilding Amendment (Bushfire Demolition Work) Regulations 2020, S.R. No. 21/2020\n\n| *Date of Making:* | 31.3.20 |\n| *Date of Commencement:* | 31.3.20 |\n\nBuilding Amendment (Registration of Swimming Pools and Spas and Other Matters) Regulations 2020, S.R. No. 42/2020\n\n| *Date of Making:* | 26.5.20 |\n| *Date of Commencement:* | 26.5.20 |\n\nBuilding Amendment (Emergency Accommodation) Regulations 2020, S.R. No. 83/2020\n\n| *Date of Making:* | 18.8.20 |\n| *Date of Commencement:* | 18.8.20 |\n\nBuilding Amendment (Social Housing Building Permit Levy Exemption and Other Matters) Regulations 2020, S.R. No. 101/2020\n\n| *Date of Making:* | 29.9.20 |\n| *Date of Commencement:* | Regs 5, 6, 8, 9 on 29.9.20: reg. 3(1); reg. 7 on 30.9.20: reg. 3(2) |\n\nBuilding Amendment Regulations 2021, S.R. No. 73/2021\n\n| *Date of Making:* | 29.6.21 |\n| *Date of Commencement:* | 1.7.21: reg. 3 |\n\nBuilding Amendment (Building Product Accreditation and Other Matters) Regulations 2021, S.R. No. 128/2021\n\n| *Date of Making:* | 12.10.21 |\n| *Date of Commencement:* | 12.10.21 |\n\nBuilding Amendment (Fees Expiry Date) Interim Regulations 2022, S.R. No. 50/2022\n\n| *Date of Making:* | 30.6.22 |\n| *Date of Commencement:* | 30.6.22: reg. 3 |\n\nBuilding Amendment (Accreditation Requirements for Building Products) Regulations 2022, S.R. No. 61/2022\n\n| *Date of Making:* | 2.8.22 |\n| *Date of Commencement:* | 3.8.22: reg. 3 |\n\nBuilding Amendment (Fees Expiry Date) Interim Regulations 2023, S.R. No. 65/2023\n\n| *Date of Making:* | 27.6.23 |\n| *Date of Commencement:* | 29.6.23: reg. 3 |\n\nBuilding Amendment (Emergency Recovery) Regulations 2023, S.R. No. 80/2023\n\n| *Date of Making:* | 8.8.23 |\n| *Date of Commencement:* | 10.8.23: reg. 3 |\n\nBuilding and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023, S.R. No. 102/2023\n\n| *Date of Making:* | 26.9.23 |\n| *Date of Commencement:* | Regs 3–23 on 26.9.23 |\n\nBuilding and Plumbing Amendment (Solar Water Heaters and Other Matters) Regulations 2023, S.R. No. 122/2023\n\n| *Date of Making:* | 28.11.23 |\n| *Date of Commencement:* | Regs 4, 5 on 28.11.23: reg. 3(1) |\n\nBuilding Amendment (Small Second Dwellings) Regulations 2023, S.R. No. 132/2023\n\n| *Date of Making:* | 12.12.23 |\n| *Date of Commencement:* | 14.12.23: reg. 3 |\n\nBuilding and Plumbing Amendment Regulations 2024, S.R. No. 2/2024\n\n| *Date of Making:* | 30.1.24 |\n| *Date of Commencement:* | Regs 4–9 on 1.2.24: reg. 3 |\n\nBuilding Amendment (Fees and Other Matters) Regulations 2024, S.R. No. 59/2024\n\n| *Date of Making:* | 25.6.24 |\n| *Date of Commencement:* | Regs 10–12 on 30.6.24: reg. 3(1); regs 5–9 on 1.10.24: reg. 3(2) |\n\nBuilding Amendment Regulations 2024, S.R. No. 106/2024\n\n| *Date of Making:* | 8.10.24 |\n| *Date of Commencement:* | 8.10.24 |\n\nBuilding Amendment (Building Permit Application) Regulations 2025, S.R. No. 125/2025\n\n| *Date of Making:* | 25.11.25 |\n| *Date of Commencement:* | 26.11.25: reg. 3 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n**Fee Units**\n\nThese Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\nThe amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\nThe value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\nThe value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n**Penalty Units**\n\nThese Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\nThe value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.\n\nThe value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 38/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n***AS 1851—2005*** means AS 1851—2005 Maintenance of fire protection systems and equipment, published by Standards Australia on 5 September 2005, as amended on 26 July 2006 and 23 May 2008;\n\n***AS 1851—2012*** means AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012, as amended on 16 November 2016;\n\n***AS 3959—2009*** means AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, as amended on 16 November 2009, 15 February 2011 and 11 November 2011;\n\n***BCA Volume One*** means Volume One of the National Construction Code 2016 including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume;\n\n***BCA Volume Two*** means Volume Two of the National Construction Code 2016 including any Victoria additions set out in Appendix A to that Volume;\n\n(a) Volume One of the National Construction Code 2016 including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and\n\n(b) Volume Two of the National Construction Code 2016 including any Victoria additions set out in Appendix A to that Volume;\n\n***National Construction Code 2016*** means the National Construction Code 2016 published by the Australian Building Codes Board on 1 May 2016, as amended on 12 March 2018.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 5 (definition of ***AS 1851—2012***) | AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012, as amended on 16 November 2016 | The whole |\n| Regulation 5 (definition of ***AS 3959***) | AS 3959—2009 as incorporated for the time being by the BCA | The whole |\n| Regulation 5 (definition of ***BCA***) | Building Code of Australia | The whole |\n| Regulation 5 (definition of ***BCA Volume One***) | Building Code of Australia | Volume One |\n| Regulation 5 (definition of ***BCA Volume Two***) | Building Code of Australia | Volume Two |\n| Regulation 5 (definition of ***bushfire attack level***) | AS 3959—2009 as incorporated for the time being by the BCA | The whole |\n| Regulation 5 (definition of ***fire performance requirement***) | BCA Volume One | Performance requirement BP1.1, DP2, DP3, DP4 or DP6 (to the extent that it relates to fire safety) |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  |  | Performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5, EP1.6, EP2.1 or EP2.2 |\n|  | BCA Volume Two | Performance requirement P2.1.1, P2.3.1 or P2.3.2    (to the extent that it relates to fire safety for a Class 1b building or a Class 10 building not associated with a Class 1a building) |\n| Regulations 10, 11, 12 and 13 | BCA | The whole |\n| Regulation 29(b) | BCA Volume One | Clause A2.2 |\n|  | BCA Volume Two | Clause 1.2.2 |\n| Regulations 38 and 44(1)(j) | BCA | The whole |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulations 74, 75, 76, 77, 79, 80, 86, 89 and Schedule 6 | Alpine Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Ararat Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedule to that Zone and the General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Ballarat Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedule to that Zone and the Residential Growth Zone and General Residential Zone and the provisions of |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  |  | the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Banyule Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the schedules to that Zone and Residential Growth Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Bass Coast Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Baw Baw Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Bayside Planning Scheme made under the **Planning and Environment Act 1987** | Mixed Use Zone and General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and Residential Growth Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Benalla Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Boroondara Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the schedules to that Zone and Residential Growth Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Brimbank Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and Neighbourhood Residential Zone and the schedules to those Zones and General Residential Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Campaspe Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Cardinia Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Casey Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Central Goldfields Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Colac Otway Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Corangamite Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Darebin Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and the schedules to that Zone and General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | East Gippsland Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Frankston Planning Scheme made under the **Planning and** **Environment Act 1987** | General Residential Zone and the schedules to that Zone and |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  |  | the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Gannawarra Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Glen Eira Planning Scheme made under the **Planning and Environment Act 1987** | Mixed Use Zone and Residential Growth Zone and General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Glenelg Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Golden Plains Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Greater Bendigo Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and the General Residential Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Greater Dandenong Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Greater Geelong Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and the provisions of the Planning Scheme |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Greater Shepparton Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedule to that Zone and Residential Growth Zone and General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Hepburn Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Hindmarsh Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Hobsons Bay Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the schedules to that Zone and Residential Growth Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Horsham Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the schedules to that Zone and the provisions of the Planning Scheme |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Hume Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Indigo Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Kingston Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the schedules to that Zone and Residential Growth Zone |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  |  | and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Knox Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Latrobe Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and the schedules to that Zone and General Residential Zone and the provisions of the Planning Scheme |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Macedon Ranges Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedules to that Zone and General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Manningham Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and the schedules to those Zones and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Mansfield Planning Scheme made under the **Planning and Environment Act 1987** | Mixed Use Zone and the schedule to that Zone and the General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Maribyrnong Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Maroondah Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  |  | the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Melbourne Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and Residential Growth Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Melton Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Mildura Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedule to that Zone and the General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Mitchell Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Moira Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Monash Planning Scheme made under the **Planning and Environment Act 1987** | Mixed Use Zone and Residential Growth Zone and General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Moonee Valley Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Moorabool Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and General Residential Zone and the schedules to those Zones and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Moreland Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and the schedules to those Zones and Neighbourhood Residential Zone and the provisions of the Planning Scheme |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Mornington Peninsula Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Mount Alexander Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Moyne Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Murrindindi Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Nillumbik Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Northern Grampians Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Port Phillip Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and Residential Growth Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Pyrenees Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Queenscliffe Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and Neighbourhood Residential Zone and the schedules to |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  |  | those Zones and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | South Gippsland Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Southern Grampians Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Stonnington Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Strathbogie Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Surf Coast Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Swan Hill Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Towong Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Wangaratta Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Warrnambool Planning Scheme made under the **Planning and Environment Act 1987** | Mixed Use Zone and the schedules to that Zone and the General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Wellington Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and Neighbourhood Residential Zone and the schedules to those Zones and the General Residential Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Whitehorse Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and Neighbourhood Residential Zone and the schedules to those Zones and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Whittlesea Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the schedules to that Zone and the Residential Growth Zone and the provisions of the Planning Scheme |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Wodonga Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n|  | Wyndham Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Yarra Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the schedules to that Zone and the provisions of the Planning Scheme |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Yarra Ranges Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and Neighbourhood Residential Zone and the schedules to those Zones and General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n|  | Yarriambiack Planning Scheme made under the **Planning and Environment Act 1987** | General Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 117(1) | AS 2601—2001 The demolition of structures, published by Standards Australia on 13 September 2001 | The whole |\n| Regulation 121 | BCA Volume One | Performance requirement BP1.1, DP2, DP3, DP4 or DP6 (to the extent that it relates to fire safety)<br>Performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5, EP1.6, EP2.1 or EP2.2 |\n|  | BCA Volume Two | Performance requirement P2.1.1, P2.3.1 or P2.3.2    (to the extent that it relates to fire safety for a Class 1b building or a Class 10 building not associated with a Class 1a building) |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 124(1) | BCA | The whole |\n| Regulation 125(1) | BCA Volume One | Clause A2.2(a)(v) |\n| Regulation 125(2) | BCA Volume Two | Clause 1.2.2(a)(iii) |\n| Regulation 128(1) | BCA Volume One | Performance requirement BP1.1 |\n|  | BCA Volume Two | Performance requirement P2.1.1 |\n|  | AS 2082—2007 Timber—Hardwood—Visually stress‑graded for structural purposes, published by Standards Australia on 7 December 2007 | The whole |\n|  | AS 2858—2008 Timber—Softwood—Visually stress‑graded for structural purposes, published by Standards Australia on 30 June 2008 | The whole |\n|  | AS/NZS 1748—2011 Timber—Solid—Stress‑graded for structural purposes Part 1: General requirements, jointly published by Standards Australia and Standards New Zealand on 24 February 2011 as amended on 31 October 2012. | The whole |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | AS 1613—2005 Timber—Colours for marking F-grades, published by Standards Australia on 13 September 2005 | The whole |\n| Regulation 128(2) | AS 1720.1—2010 Timber structures—Part 1: Design methods, published by Standards Australia on 21 June 2010 as amended on 7 December 2010 and 13 August 2015. | The whole |\n| Regulation 129 | BCA | The whole |\n| Regulation 137(b) | AS 1926.1—1993 Swimming pool safety—Part 1: Fencing for swimming pools, published by Standards Australia on 26 July 1993, as amended on 12 June 2000 | The whole |\n| Regulation 145(2) | BCA Volume Two | Part 3.7.2 |\n| Regulation 145(3) | BCA Volume One | Specification E2.2a |\n| Regulations 146(2) and 147(2) | BCA Volume One | Clause E1.5 |\n| Regulation 147(4) | BCA Volume One | Clause E1.4 |\n|  |  | Clause G4.4 |\n|  |  | Part E4 |\n|  | AS 2444—2001 Portable fire extinguishers and fire blankets—Selection and location, published by Standards Australia on 9 November 2001 | The whole |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | Practice Note 2008-13 issued by the Building Commission in November 2008 | The whole |\n| Regulation 147(5) | BCA Volume One | Clause E1.4 |\n|  |  | Clause G4.4 |\n|  |  | Part E4 |\n|  | Practice Note 2008-13 issued by the Building Commission in November 2008 | The whole |\n| Regulation 151 | BCA Volume One | Performance requirement BP1.1 |\n|  | BCA Volume Two | Performance requirement P2.1.1 |\n| Regulation 152(1) | BCA | The whole |\n| Regulation 152(2) | BCA Volume One | Clause A1.1 |\n| Regulation 152(3) | BCA Volume Two | Clause 1.1.1 |\n| Regulation 158(1) | BCA Volume One | Clause A1.1 |\n| Regulation 158(2) | BCA Volume One | Part G5 |\n| Regulation 159(b) and Schedule 7, item 1 | Alpine Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 159(b) and Schedule 7, item 2 | Baw Baw Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 3 | Cardinia Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 4 | Casey Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 5 | Greater Bendigo Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 159(b) and Schedule 7, item 6 | Horsham Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 7 | Indigo Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 8 | Latrobe Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 9 | Macedon Ranges Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 159(b) and Schedule 7, item 10 | Mitchell Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 11 | Mount Alexander Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 12 | Murrindindi Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 13 | Nillumbik Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 159(b) and Schedule 7, item 14 | Wellington Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 15 | Whittlesea Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 159(b) and Schedule 7, item 16 | Yarra Planning Scheme made under the **Planning and Environment Act 1987** | Clause 44.06 Bushfire Management Overlay (including the planning scheme maps) identifying that overlay |\n| Regulation 160(1)(a) | AS 3959—2009 as incorporated for the time being by the BCA | The whole |\n| Regulation 163 (note) | BCA Volume Two | P2.3.5 |\n| Regulation 164(1) | BCA Volume One | Clause A1.1 |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 164(2) | BCA Volume Two | Clause 1.1.1 and clause O2.3(d)<br>Performance requirement P2.3.5(e) and Application at the foot of performance requirement P2.3.5 |\n| Regulation 165 | BCA Volume Two | Performance requirement P2.3.5 |\n| Regulation 196(2) | AS 1851—2005 | The whole |\n|  | AS 1851—2012 | The whole |\n| Regulation 196(3) | AS 1851—2012 | The whole |\n| Regulation 203(j) | BCA | The whole |\n| Regulation 217(2) | AS 1851—2005 | The whole |\n|  | AS 1851—2012 | The whole |\n| Regulation 217(3) | AS 1851—2012 | The whole |\n| Regulation 224(e) | AS 1851—2012 | The whole |\n| Regulation 234(1) | BCA Volume One | Section D |\n| Regulation 235 | BCA Volume Two | Performance requirement P2.3.1 |\n| Regulation 236(4) | BCA Volume One | Table E3.6b |\n|  |  | F2.4(c) |\n|  |  | F2.4(e) |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n|  | AS 1428.1—2009 Design for access and mobility Part 1: General requirements for access—New building work, published by Standards Australia on 27 November 2009, as amended on 26 November 2010, as incorporated by the BCA Volume One | The whole |\n|  | AS 1428.1—2001 Design for access and mobility Part 1: General requirements for access—New building work, published by Standards Australia on 5 June 2001 | The whole |\n| Regulation 236(5) (definition of ***access provision***) | BCA Volume One | Section D<br>Part E3 and F2 |\n|  | Access Code within the meaning of the Disability (Access to Premises—Buildings) Standards 2010 of the Commonwealth | The whole |\n| Regulation 237(1), 237(2) | BCA Volume One | Clause A1.1 |\n| Regulation 237(3) | BCA Volume One | Clause A3.2 |\n| Regulation 240(1) | BCA Volume One | Clause A1.1 |\n| Regulation 240(2) | BCA Volume Two | Clause 1.1.1 |\n| Regulation 241 | BCA | The whole |\n| Schedule 3, Item 5 | BCA Volume One | Clause A3.2 |\n|  | BCA Volume Two | Clause 1.3.2 |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Schedule 4, Form 19 | BCA Volume One | Clause A0.7 |\n|  | BCA Volume Two | Clause 1.0.7 |\n| Schedule 5, Part 1 | BCA | The whole |\n| Schedule 8, Part 6, Item 1(f) | AS/NZS 1668.1—2015 The use of ventilation and air conditioning in buildings—Part 1: Fire and smoke control in buildings, jointly published by Standards Australia and Standards New Zealand on 14 December 2015 | Sections 5 and 6 |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 75/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 12 of the Building Amendment Regulations 2018 which amends regulation 147 of the Building Regulations 2018 | AS 3745—2010 Planning for emergencies in facilities published by Standards Australia Ltd on 25 November 2010, as amended on 1 May 2014 | The whole |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 100/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 5 of the Building Amendment (Garden Area and Siting Requirements) Regulations 2018 which amends Schedule 6 to the Building Regulations 2018 | Banyule Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Boroondara Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Cardinia Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Colac Otway Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the Schedule to that Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Darebin Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme |\n|  | Indigo Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Kingston Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Latrobe Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Manningham Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the Schedule to that Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Maribyrnong Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme |\n|  | Melton Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Nillumbik Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Port Phillip Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the Schedules to that Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Southern Grampians Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Wangaratta Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme |\n|  | Warrnambool Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Whittlesea Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n|  | Yarra Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including planning scheme maps) identifying that Zone |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 180/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulations 12 and 14 of the Building Further Amendment Regulations 2018 which insert regulation 269 and Schedule 13 into the Building Regulations 2018 | Cardinia Planning Scheme made under the **Planning and Environment Act 1987**<br>Casey Planning Scheme made under the **Planning and Environment Act 1987**<br>Hume Planning Scheme made under the **Planning and Environment Act 1987**<br>Melton Planning Scheme made under the **Planning and Environment Act 1987**<br>Mitchell Planning Scheme made under the **Planning and Environment Act 1987**<br>Whittlesea Planning Scheme made under the **Planning and Environment Act 1987**<br>Wyndham Planning Scheme made under the **Planning and Environment Act 1987** | The whole<br>    The whole<br>    The whole<br>    The whole<br>    The whole<br>    The whole<br>    The whole |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 40/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n***AS 3959:2018*** means AS 3959:2018 Construction of buildings in bushfire‑prone areas, published by Standards Australia on 14 November 2018;\n\n***BCA Volume One*** means Volume One of the National Construction Code 2019 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;\n\n***BCA Volume Two*** means Volume Two of the National Construction Code 2019 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;\n\n***National Construction Code 2019*** means the National Construction Code 2019 published by the Australian Building Codes Board on 1 May 2019.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 5(a) of the Building Amendment Regulations 2019 which amends regulation 5(1) of the Building Regulations 2018 (definition of ***AS 3959***) | AS 3959:2018 Construction of buildings in bushfire-prone areas published by Standards Australia on 14 November 2018 | The whole |\n| Regulation 5(b) and (c) of the Building Amendment Regulations 2019 which amend regulation 5(1) of the Building Regulations 2018 (definitions of ***BCA Volume One***, ***BCA Volume Two***) | BCA Volume One<br>BCA Volume Two | Schedule 1 |\n| Regulation 6(1) of the Building Amendment Regulations 2019 which amends regulation 29(b) of the Building Regulations 2018 | BCA Volume One<br>BCA Volume Two | Clause A5.1<br>Clause A5.2 |\n| Regulation 10 of the Building Amendment Regulations 2019 which amends regulation 125(1) and (2) of the Building Regulations 2018 | BCA Volume One<br>BCA Volume Two | Clause A5.2(1)(e) |\n| Regulation 11(1) of the Building Amendment Regulations 2019 which amends regulation 145(2)(a) of the Building Regulations 2018 | BCA Volume Two | Part 3.7.5 |\n| Regulation 11(3) of the Building Amendment Regulations 2019 which amends regulation 145(3) of the Building Regulations 2018 | BCA Volume One | Clause 5 of Specification E2.2a |\n| Regulation 12 of the Building Amendment Regulations 2019 which amends regulation 152(2) and (3) of the Building Regulations 2018 | BCA Volume One<br>BCA Volume Two | Schedule 3 |\n| Regulation 13 of the Building Amendment Regulations 2019 which amends regulation 158(1) of the Building Regulations 2018 | BCA Volume One | Schedule 3 |\n| Regulation 14(1) of the Building Amendment Regulations 2019 which amends regulation 164(1) of the Building Regulations 2018 | BCA Volume One | Schedule 3 |\n| Regulation 14(2) of the Building Amendment Regulations 2019 which amends regulation 164(2)(a) of the Building Regulations 2018 | BCA Volume Two | Schedule 3 |\n| Regulation 14(3) of the Building Amendment Regulations 2019 which amends regulation 164(2)(b) of the Building Regulations 2018 | BCA Volume Two | Clause O2.7(f) |\n| Regulation 14(4) of the Building Amendment Regulations 2019 which amends regulation 164(2)(c) of the Building Regulations 2018 | BCA Volume Two | Performance requirement P2.7.6(e) |\n| Regulation 14(5) of the Building Amendment Regulations 2019 which amends regulation 164(2)(d) of the Building Regulations 2018 | BCA Volume Two | Performance requirement P2.7.6 |\n| Regulation 15 of the Building Amendment Regulations 2019 which amends regulation 165 of the Building Regulations 2018 | BCA Volume Two | Performance requirement P2.7.6 |\n| Regulation 25(1) of the Building Amendment Regulations 2019 which amends regulation 237(1) and (2) of the Building Regulations 2018 | BCA Volume One | Schedule 3 |\n| Regulation 25(2) of the Building Amendment Regulations 2019 which amends regulation 237(3) of the Building Regulations 2018 | BCA Volume One | Clause A6.6 |\n| Regulation 26 of the Building Amendment Regulations 2019 which amends regulation 240(1) and (2) of the Building Regulations 2018 | BCA Volume One<br>BCA Volume Two | Schedule 3 |\n| Regulation 29 of the Building Amendment Regulations 2019 which amends item 5 of the Table in Schedule 3 to the Building Regulations 2018 | BCA Volume One<br>BCA Volume Two | Clauses A6.1 to A6.10 |\n| Regulation 30(7) of the Building Amendment Regulations 2019 which amends Form 19 in Schedule 4 to the Building Regulations 2018 | BCA Volume One<br>BCA Volume Two | Clauses A2.2(3) and A2.4(3) |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 116/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 11 of the Building Amendment (Swimming Pool and Spa) Regulations 2019 which inserts new regulation 147C into the Building Regulations 2018 | AS 1926.1-1993 Swimming Pool Safety Part 1: Fencing for swimming pools published by Standards Australia Ltd on 26 July 1993, as amended in June 2000 | The whole |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 128/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n***BCA*** means the Building Code of Australia comprising the BCA Volume One and the BCA Volume Two;\n\n***BCA Volume One*** means Volume One of the National Construction Code 2019 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;\n\n***BCA Volume Two*** means Volume Two of the National Construction Code 2019 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;\n\n***National Construction Code 2019*** means  the National Construction Code Series published by the Australian Building Codes Board on 1 May 2019.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 11 of the Building Amendment (Building Product Accreditation and Other Matters) Regulations 2021 which substitutes regulation 241 of the Building Regulations 2018 | BCA | The whole |\n| Regulation 22 of the Building Amendment (Building Product Accreditation and Other Matters) Regulations 2021 which substitutes Form 19 of Schedule 4 to the Building Regulations 2018 | BCA Volume One   <br>BCA Volume Two | Clauses A2.2(3) and A2.4(3)<br>Clauses A2.2(3) and A2.4(3) |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 61/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n***BCA***  means the Building Code of Australia;\n\n(a) Volume One of the National Construction Code 2019 Amendment 1 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume; and\n\n(b) Volume Two of the National Construction Code 2019 Amendment 1 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;\n\n***National Construction Code 2019 Amendment 1*** means the National Construction Code 2019 Amendment 1 published by the Australian Building Codes Board on 1 July 2020.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 19 of the Building Amendment (Accreditation Requirements for Building Products) Regulations 2022 which substitutes Form 19 and inserts Forms 19A and 19B into Schedule 4 to the Building Regulations 2018 | BCA | The whole |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 102/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n***amending regulations*** means the Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023;\n\n(a) Volume One of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume; and\n\n(b) Volume Two of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume;\n\n***BCA Volume One*** means Volume One of the National Construction Code 2022 including any Victorian variations or additions set out in Schedule 10 to that Volume;\n\n***BCA Volume Two*** means Volume Two of the National Construction Code 2022 including any Victorian variations or additions set out in Schedule 10 to that Volume;\n\n***National Construction Code 2019*** means the National Construction Code 2019 published by the Australian Building Codes Board in February 2019 and as amended on 1 July 2020;\n\n***National Construction Code 2022*** means the National Construction Code 2022 published by the Australian Building Codes Board on 1 May 2022;\n\n***PCA*** means the Plumbing Code of Australia set out in Volume Three of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 3 of the amending regulations, which substitutes the definition of ***fire performance requirement*** in regulation 5(1) of the Building Regulations 2018 | BCA Volume One | Clauses B1P1, D1P2, D1P3, D1P4 and D1P6 (to the extent the requirement relates to fire safety),<br>C1P1, C1P2, C1P3, C1P4, C1P5, C1P6, C1P7, C1P8, C1P9, D1P5, E1P1, E1P2, E1P3, E1P4, E1P5, E1P6, E2P1 and E2P2 |\n|  | BCA Volume Two | Clauses H1P1, H3P1 and H3P2 (to the extent the requirement relates to fire safety for a Class 1b building or a Class 10 building not associated with a Class 1a building) |\n\n- **Statutory rule provision** **Title of applied, adopted or incorporated document** **Matter in applied, adopted or incorporated document**\n- Regulation 4 of the amending regulations, which inserts new regulation 10A in the Building Regulations 2018 BCA Volume One Parts F8 and J1 as modified by regulation 10A of the Building Regulations 2018\n- BCA Volume Two Clause H4D9, Part H6, clause VIC H6V1, clause VIC H6D2 and Part H8 as modified by regulation 10A of the Building Regulations 2018\n- Regulation 5(a) of the amending regulations, which amends regulation 29(b) of the Building Regulations 2018 BCA Volume One Part A5\n- Regulation 5(b) of the amending regulations, which amends regulation 29(b) of the Building Regulations 2018 BCA Volume Two Part A5\n- Regulation 6 of the amending regulations, which amends regulation 125 of the Building Regulations 2018 BCA Volume OneBCA Volume Two Clause A5G3(1)(e)\n- Regulation 7(a) of the amending regulations, which amends regulation 128(1) of the Building Regulations 2018 BCA Volume One Performance Requirement B1P1\n- **Statutory rule provision** **Title of applied, adopted or incorporated document** **Matter in applied, adopted or incorporated document**\n- Regulation 7(b) of the amending regulations, which amends regulation 128(1) of the Building Regulations 2018 BCA Volume Two Performance requirement H1P1\n- Regulation 8(1) of the amending regulations, which amends regulation 145(2)(a) of the Building Regulations 2018 BCA Volume Two Clause H3D6\n- Regulation 8(2) of the amending regulations, which amends regulation 145(3) of the Building Regulations 2018 BCA Volume One Specification 20\n- Regulation 8(3) of the amending regulations, which substitutes regulation 145(3)(a) of the Building Regulations 2018 BCA Volume One Clause S20C3 of Specification 20\n- Regulation 8(4) of the amending regulations, which substitutes regulation 145(3)(b) of the Building Regulations 2018 BCA Volume One Clause S20C4 of Specification 20\n- Regulation 8(5) of the amending regulations, which substitutes regulation 145(3)(c) of the Building Regulations 2018 BCA Volume One Clause S20C5 of Specification 20\n- **Statutory rule provision** **Title of applied, adopted or incorporated document** **Matter in applied, adopted or incorporated document**\n- Regulation 9 of the amending regulations, which amends regulation 146(2) of the Building Regulations 2018 BCA Volume One Clause E1D4\n- Regulation 10(1) of the amending regulations, which amends regulation 147(2) of the Building Regulations 2018 BCA Volume One Clause E1D4\n- Regulation 10(2) of the amending regulations, which amends regulation 147(4)(b) of the Building Regulations 2018 BCA Volume One Clause E1D3\n- Regulation 10(3)(a) of the amending regulations, which amends regulation 147(4)(c) of the Building Regulations 2018 BCA Volume One Clause G4D4\n- Regulation 10(3)(b) of the amending regulations, which amends regulation 147(4)(c) of the Building Regulations 2018 BCA Volume One Clause E4D2\n- Regulation 10(4) of the amending regulations, which amends regulation 147(5)(d) of the Building Regulations 2018 BCA Volume One Clause E1D3\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 10(5) of the amending regulations, which amends regulation 147(5)(e) of the Building Regulations 2018 | BCA Volume One | Clauses G4D4 and E4D2 |\n| Regulation 11 of the amending regulations, which inserts new regulation 147AA into the Building Regulations 2018 | BCA Volume One | VIC Table in Schedule 2 to Schedule 10 as modified by regulation 147AA of the Building Regulations 2018 |\n| Regulation 12(a) of the amending regulations, which amends regulation 151 of the Building Regulations 2018 | BCA Volume One | Performance requirement B1P1 |\n| Regulation 12(b) of the amending regulations, which amends regulation 151 of the Building Regulations 2018 | BCA Volume Two | Performance requirement H1P1 |\n| Regulation 13(1) of the amending regulations, which amends regulation 152(2) of the Building Regulations 2018 | BCA Volume One | Schedule 1 |\n| Regulation 13(2) of the amending regulations, which amends regulation 152(3) of the Building Regulations 2018 | BCA Volume Two | Schedule 1 |\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 15(1) of the amending regulations, which amends regulation 164(1) of the Building Regulations 2018 | BCA Volume One | Schedule 1 |\n| Regulation 15(2) of the amending regulations, which amends regulation 164(2)(a) of the Building Regulations 2018 | BCA Volume Two | Schedule 1 |\n| Regulation 15(3) of the amending regulations, which amends regulation 164(2)(b) of the Building Regulations 2018 | BCA Volume Two | Clause H7O1(f) |\n| Regulation 15(4) of the amending regulations, which amends regulation 164(2)(c) of the Building Regulations 2018 | BCA Volume Two | Performance requirement H7P6(e) |\n| Regulation 15(5) of the amending regulations, which amends regulation 164(2)(d) of the Building Regulations 2018 | BCA Volume Two | Performance requirement H7P6 |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 16 of the amending regulations, which amends regulation 165 of the Building Regulations 2018 | BCA Volume Two | Performance requirement H7P6 |\n| Regulation 17 of the amending regulations, which substitutes regulation 166F(1)(a)(i) of the Building Regulations 2018 | BCA Volume Two | Performance requirements H1P1, H1P2, H2P2, H2P3, H3P1, H3P2, H4P1, H4P3 and H7P3 |\n| Regulation 18 of the amending regulations, which amends regulation 235 of the Building Regulations 2018 | BCA Volume Two | Performance requirement H3P1 |\n| Regulation 19(1) of the amending regulations, which amends regulation 236(4)(b) of the Building Regulations 2018 | BCA Volume One | Clause E3D8 |\n| Regulation 19(2) of the amending regulations, which amends regulation 236(4)(c) of the Building Regulations 2018 | BCA Volume One | Clauses F4D5(c) and F4D5(e) |\n| Regulation 19(3) of the amending regulations, which amends the definition of ***access provision*** in regulation 236(5) of the Building Regulations 2018 | BCA Volume One | Part F4 |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 20(1) of the amending regulations, which amends regulation 237(1) and (2) of the Building Regulations 2018 | BCA Volume One | Schedule 1 |\n| Regulation 20(2)(a) of the amending regulations, which amends regulation 237(3) of the Building Regulations 2018 | BCA Volume One | Clause A6G7 |\n| Regulation 21(1) of the amending regulations, which amends regulation 240(1) of the Building Regulations 2018 | BCA Volume One | Schedule 1 |\n| Regulation 21(2) of the amending regulations, which amends regulation 240(2) of the Building Regulations 2018 | BCA Volume Two | Schedule 1 |\n| Regulation 22 of the amending regulations, which amends item 5 in the Table in Schedule 3 to the Building Regulations 2018 | BCA Volume One<br>BCA Volume Two | Clauses A6G2, A6G3, A6G4, A6G5, A6G6, A6G7, A6G8, A6G9, A6G10 and A6G11 |\n| Regulation 23 of the amending regulations, which substitutes part of Form 2 in Schedule 4 to the Building Regulations 2018 | BCA Volume Two | Clauses H8D2(2) and H8P1(a) |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 24(1) of the amending regulations, which substitutes the definition of    ***AS/NZS 3500.1*** in regulation 5 of the Plumbing Regulations 2018 | AS/NZS 3500.1 Plumbing and Drainage Part 1: Water services. published jointly by Standards Australia and Standards New Zealand on 28 May 2021 and amended on 27 May 2022 | The whole |\n| Regulation 24(2) of the amending regulations, which substitutes the definition of    ***AS/NZS 3500.2*** in regulation 5 of the Plumbing Regulations 2018 | AS/NZS 3500.2 Plumbing and Drainage Part 2: Sanitary plumbing and drainage, published jointly by Standards Australia and Standards New Zealand on 28 May 2021 and amended in October 2021 | The whole |\n| Regulation 26 of the amending regulations, which substitutes regulation 18 of the Plumbing Regulations 2018 | PCA | Part B4 |\n| Regulation 27 of the amending regulations, which substitutes regulation 22 of the Plumbing Regulations 2018 | PCA | Victorian variation VIC Part E2 |\n| Regulation 28 of the amending regulations, which substitutes regulation 24 of the Plumbing Regulations 2018 | PCA | Victorian variation VIC Part E2 |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 29 of the amending regulations, which substitutes regulation 26 of the Plumbing Regulations 2018 | PCA | Victorian variation VIC Part E3 |\n| Regulation 31 of the amending regulations, which substitutes clause 5 of Schedule 2 to the Plumbing Regulations 2018 | SAA/SNZ HB 114 Guidelines for the design of eaves and box gutters, published by Standards Australia on 5 November 1998 | The whole |\n| Regulation 32 of the amending regulations, which substitutes the note at the foot of clause 8 of Schedule 2 to the Plumbing Regulations 2018 | Volume Two of the National Construction Code 2019 | The Victorian variation to the energy efficiency provisions of Parts 2.6 and 3.12 in Volume Two of the National Construction Code 2019 |\n| Regulation 33 of the amending regulations, which substitutes the note at the foot of clause 11 of Schedule 2 to the Plumbing Regulations 2018 | Volume Two of the National Construction Code 2019 | The Victorian variation to the energy efficiency provisions in Parts 2.6 and 3.12 of Volume Two of the National Construction Code 2019 |\n| Regulation 34 of the amending regulations, which amends clause 12(2) of Schedule 2 to the Plumbing Regulations 2018 | PCA | Clause VIC B1D3(3) |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 122/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n***amending regulations*** means the Building and Plumbing Amendment (Solar Water Heaters and Other Matters) Regulations 2023;\n\n***BCA Volume One*** means Volume One of the National Construction Code 2022 including any Victorian variations or additions set out in Schedule 10 to that Volume;\n\n***BCA Volume Two*** means Volume Two of the National Construction Code 2022 including any Victorian variations or additions set out in Schedule 10 to that Volume;\n\n***BCA Volume Two 2019*** means Volume Two of the National Construction Code 2019 including any Victorian variations or additions set out in Schedule 1 to that Volume;\n\n***National Construction Code 2019*** means the National Construction Code 2019 published by the Australian Building Codes Board in February 2019 and as amended on 1 July 2020;\n\n***National Construction Code 2022*** means the National Construction Code 2022 published by the Australian Building Codes Board on 1 May 2023;\n\n***PCA*** means the Plumbing Code of Australia set out in Volume Three of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 4 of the amending regulations, which amends regulation 10A of the Building Regulations 2018 | BCA Volume One | Performance requirement B1P1, deemed-to-satisfy clause B1D3 and Part G7 as modified by regulation 10A of the Building Regulations 2018 |\n| Regulation 5 of the amending regulations, which amends Form 2 in Schedule 4 to the Building Regulations 2018 | BCA Volume Two | Clauses H8P1(a) and H8D2(2) |\n| Regulation 6(1) of the amending regulations, which inserts new definition of ***AS 1851*** into regulation 5 of the Plumbing Regulations 2018 | AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012, as amended on 16 November 2016 | The whole |\n| Regulation 7(2) of the amending regulations, which amends regulation 9 of the Plumbing Regulations 2018 | PCA | Clauses VIC B6D2 and VIC B7D4 |\n| Regulation 8 of the amending regulations, which inserts new Part 8A into the Plumbing Regulations 2018 | BCA Volume Two 2019 | Victorian variations to performance requirement P2.6.1 and clauses V2.6.1 and 3.12.0 |\n\n——\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 106/2024 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 4(a) of the Building Amendment Regulations 2024 which amends item 5 of Schedule 6 to the Building Regulations 2018 | Bass Coast Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and the schedules to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(b) of the Building Amendment Regulations 2024 which amends item 6 of Schedule 6 to the Building Regulations 2018 | Baw Baw Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(b) of the Building Amendment Regulations 2024 which amends item 11 of Schedule 6 to the Building Regulations 2018 | Campaspe Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(a) of the Building Amendment Regulations 2024 which amends item 12 of Schedule 6 to the Building Regulations 2018 | Cardinia Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(b) of the Building Amendment Regulations 2024 which amends item 13 of Schedule 6 to the Building Regulations 2018 | Casey Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(b) of the Building Amendment Regulations 2024 which amends item 16 of Schedule 6 to the Building Regulations 2018 | Corangamite Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(a) of the Building Amendment Regulations 2024 which amends item 19 of Schedule 6 to the Building Regulations 2018 | Frankston Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(c) of the Building Amendment Regulations 2024 which amends item 24 of Schedule 6 to the Building Regulations 2018 | Greater Bendigo Planning Scheme made under the **Planning and Environment Act 1987** | Mixed Use Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(b) of the Building Amendment Regulations 2024 which amends item 28 of Schedule 6 to the Building Regulations 2018 | Hepburn Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(b) of the Building Amendment Regulations 2024 which amends item 30 of Schedule 6 to the Building Regulations 2018 | Hobsons Bay Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedules to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(d) of the Building Amendment Regulations 2024 which amends item 32 of Schedule 6 to the Building Regulations 2018 | Hume Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and Neighbourhood Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n| Regulation 4(b) of the Building Amendment Regulations 2024 which amends item 39 of Schedule 6 to the Building Regulations 2018 | Mansfield Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(e) of the Building Amendment Regulations 2024 which inserts new item 43A in Schedule 6 to the Building Regulations 2018 | Merri-bek Planning Scheme made under the **Planning and Environment Act 1987** | Mixed Use Zone, Residential Growth Zone, General Residential Zone and the schedules to that Zone and Neighbourhood Residential Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones |\n| Regulation 4(a) of the Building Amendment Regulations 2024 which amends item 44 of Schedule 6 to the Building Regulations 2018 | Mildura Planning Scheme made under the **Planning and Environment Act 1987** | Residential Growth Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(b) of the Building Amendment Regulations 2024 which amends item 45 of Schedule 6 to the Building Regulations 2018 | Mitchell Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(f) of the Building Amendment Regulations 2024 which amends item 48 of Schedule 6 to the Building Regulations 2018 | Moonee Valley Planning Scheme made under the **Planning and Environment Act 1987** | Mixed Use Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n| Regulation 4(b) of the Building Amendment Regulations 2024 which amends item 51 of Schedule 6 to the Building Regulations 2018 | Mornington Peninsula Planning Scheme made under the **Planning and Environment Act 1987** | Neighbourhood Residential Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| Regulation 4(g) of the Building Amendment Regulations 2024 which amends item 71 of Schedule 6 to the Building Regulations 2018 | Whittlesea Planning Scheme made under the **Planning and Environment Act 1987** | Mixed Use Zone and the schedule to that Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone |","sortOrder":369}],"analysis":{"summary":{"name":"Building Regulations 2018","slug":"building-regulations-2018","title_id":"sr:building-regulations-2018","version_id":183589,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole regulation — in force Victorian statutory instrument, 22 Parts and 13 Schedules, incorporating amendments to 26 November 2025."},"complexity_factors":["22 Parts plus 13 Schedules covering diverse subject matters","Heavy integration with National Construction Code (incorporated by reference)","Building classification system determines which construction standards apply","Multiple categories of building practitioners with different registration requirements and authorised work","Essential safety measures obligations create ongoing duties for building owners post-occupancy","Swimming pool barrier regime is its own sub-system with registration and inspection requirements"],"plain_english_summary":"The Building Regulations 2018 (Vic) are the primary subordinate legislation under the Building Act 1993 (Vic), setting out the detailed technical and procedural requirements for building work, occupancy permits, building practitioner registration, and building product accreditation in Victoria.\n\nThe Regulations pursue multiple objectives: prescribing standards for building design and construction, including through adoption of the National Construction Code (formerly the Building Code of Australia); regulating owner-builders who undertake domestic building work on their own property; specifying what documents must accompany permit applications; prescribing exemptions from the building permit requirement; setting essential safety measure requirements for occupied buildings; regulating swimming pools and spa barriers; and establishing qualifications and work authorisation for registered building practitioners.\n\nA central feature is the integration of the Regulations with the National Construction Code (NCC/BCA), which is incorporated by reference. Buildings are classified under regulation 12 (and section 3 of the Act), and the classification determines which performance and deemed-to-satisfy provisions of the NCC apply.\n\nFor building work, regulation 23 and Schedule 3 specify what is exempt from the building permit requirement. Regulations 24-30 set out the information and documents required in permit applications. Parts dealing with occupancy permits (including essential safety measures conditions under regulation 195) govern the ongoing obligations of building owners.\n\nRegistered building practitioners (surveyors, inspectors, domestic builders) must hold registration in prescribed categories, with prescribed qualifications set out in Schedule 9. The scope of work each class may perform is set out in Schedules 10 and 11. The Victorian Building Authority administers registration and may take disciplinary action.\n\nThere are 22 Parts (plus schedules), with a very large volume of forms, fee schedules, and technical tables."},"kimi_summary":{"_metrics":{"completionTokens":829},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond their original 2018 scope. Major additions include: Part 9A (swimming pool/spa registration and barrier certification) added in 2019; Part 11A (emergency provisions for temporary accommodation after disasters) added in 2020; extensive amendments for 'small second dwellings' (granny flats) in 2023; and various COVID-19 related fee exemptions. The original focus on standard building controls has grown to encompass disaster recovery, housing affordability initiatives, and enhanced safety regimes."},"complexity_factors":["Extensive cross-referencing with the Building Act 1993, BCA, and other legislation (Planning and Environment Act, Water Act, etc.)","Multiple amendment instruments incorporated (S.R. Nos from 2018-2025) creating layered, sometimes conflicting provisions","47+ defined terms in regulation 5 alone, with nested definitions (e.g., 'applicable barrier standard' has its own sub-definitions)","Numerous conditional exemptions and exceptions (e.g., regulations 279-281E with complex eligibility criteria)","Detailed technical specifications with precise measurements (e.g., setbacks calculated to millimetres, angles in degrees)","Multiple parallel processes for similar outcomes (e.g., certificates of compliance vs. certificates of final inspection vs. occupancy permits)","Extensive schedules (13 schedules) containing tables, forms, and additional technical requirements","Time-bound transitional provisions and savings clauses that create overlapping regulatory regimes","Performance-based standards requiring professional judgement rather than simple tick-box compliance","Mandatory notification stages with specific timeframes that vary by building class"],"plain_english_summary":"These are Victoria's **Building Regulations 2018**, which set the rules for how buildings must be designed, constructed, and maintained in the state. Think of them as the detailed instruction manual that sits underneath the **Building Act 1993**.\n\n**What they cover:**\n\n- **Building permits** – when you need one, how to apply, what documents are required, and timeframes for decisions\n- **Building Code of Australia (BCA)** – adopting the national construction code with Victorian-specific variations\n- **Owner-builders** – special rules for people who want to build their own home, including required knowledge and certificates of consent\n- **Siting and design** – detailed rules about where buildings can go on a block (setbacks from boundaries, height limits, site coverage, garden areas, car parking, and protecting neighbours' sunlight and privacy)\n- **Small second dwellings** – specific rules for granny flats or backyard units up to 60m² (added in 2023 amendments)\n- **Swimming pools and spas** – safety barrier requirements, registration with councils, and mandatory inspections every 4 years\n- **Fire safety** – smoke alarms, sprinkler systems in care homes and shared accommodation, and essential safety measures that must be maintained\n- **Bushfire safety** – special construction requirements in bushfire-prone areas, including rules for rebuilding after the 2009 Black Saturday fires\n- **Emergency accommodation** – streamlined rules for temporary housing after emergencies like bushfires or floods\n- **Building practitioners** – registration requirements for builders, building surveyors, and inspectors\n- **Inspections and enforcement** – mandatory inspection stages, powers of entry, and notices/orders to fix problems\n- **Occupancy permits** – when you can legally move into or use a building\n\n**Who they affect:**\nAnyone building, renovating, or demolishing a building in Victoria; building professionals (surveyors, builders, inspectors); council staff; and property owners with pools or spas.\n\n**Why they matter:**\nThese regulations protect public safety, ensure buildings are structurally sound, prevent fire hazards, manage environmental risks (flooding, termites, bushfires), and maintain neighbourhood amenity. They also create a clear, consistent framework so everyone knows what standards must be met."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly from the original 2018 scope. Originally focused on standard building control, amendments have added: (1) detailed swimming pool and spa registration, barrier compliance, and inspection regimes (Part 9A); (2) emergency accommodation buildings with exemptions from normal permits (Part 11A); (3) small second dwellings with modified siting requirements (e.g., regulations 19A, 74A, 86A); (4) social housing building permit levy exemptions; and (5) probity and discipline provisions for building practitioners. The cumulative effect has broadened the regulations from purely construction standards into areas of ongoing safety, registration, and social policy."},"complexity_factors":["Over 100 defined terms in regulation 5, many cross-referencing other legislation or standards.","Extensive cross-references to the Building Code of Australia (BCA) and Australian Standards (e.g., AS 1851, AS 3959).","Multiple nested exceptions and exemptions, especially in Part 5 (siting), Part 9 (fire safety), and Part 9A (swimming pools).","Lengthy document with 22 Parts, numerous Divisions, and 13 Schedules including detailed forms and tables.","Conditional logic and performance solutions (e.g., regulation 121 for fire performance).","Frequent amendments (28 versions) adding new provisions like small second dwellings and emergency accommodation.","Tables with multiple columns and conditions (e.g., Table 74 for street setbacks, Schedule 6 for planning scheme zones).","Complex fee structures based on fee units and exemptions with financial hardship provisions."],"plain_english_summary":"The Building Regulations 2018 set the detailed rules for constructing, altering, demolishing, and maintaining buildings in Victoria. They adopt the National Construction Code (Building Code of Australia) and add Victorian-specific requirements for things like how far buildings must be set back from boundaries, how tall fences can be, and how to protect adjoining properties during construction. The regulations also cover:\n\n- **Building permits**: When you need one, how to apply, and what information you must provide.\n- **Owner-builders**: People who build their own home must get a certificate of consent and understand their responsibilities.\n- **Swimming pool and spa safety**: Barriers, registration with the local council, and regular inspections to ensure pools and spas are safe.\n- **Fire safety**: Smoke alarms, sprinkler systems, and maintenance of fire equipment in certain buildings.\n- **Building practitioners**: Who can do what work (surveyors, inspectors, builders) and what qualifications they need.\n- **Siting and design**: Rules about building height, setbacks from boundaries, car parking, private open space, and overshadowing neighbouring properties.\n- **Maintenance**: Owners of larger buildings must keep essential safety measures (like fire doors and emergency lighting) in good working order.\n- **Emergency provisions**: Temporary accommodation buildings after disasters and exemptions from levies for rebuilding.\n\nThe regulations affect anyone who builds or alters a building, owns a swimming pool, or works as a building professional. They aim to ensure buildings are safe, structurally sound, and considerate of neighbours."}},"importantCases":[],"_links":{"self":"/api/acts/building-regulations-2018","history":"/api/acts/building-regulations-2018/history","analysis":"/api/acts/building-regulations-2018/analysis","conflicts":"/api/acts/building-regulations-2018/conflicts","importantCases":"/api/acts/building-regulations-2018/important-cases","documents":"/api/acts/building-regulations-2018/documents"}}