Classification of buildings drives everything. The building class (determined under regulation 12 using the BCA definitions) determines which NCC standards apply, what inspections are mandatory, whether an occupancy permit is required, and whether ESM obligations attach. Misclassifying a building -- for example, treating a Class 2 multi-unit building as a Class 1 house -- can result in significant non-compliance.
Fire performance solutions require specific qualifications or certificates. Regulation 121 is strict: a building surveyor cannot simply agree that a performance solution meets fire performance requirements. They must either hold the Graduate Certificate in Performance-Based Building & Fire Codes from Victoria University (or VBA-approved equivalent), or rely on one of the specified types of expert certificate or formal determination. There is no general discretion to accept other evidence of fire safety compliance.
ESM conditions are conditions of the occupancy permit, not just best practice. Regulation 195 makes ESM inspection, testing, and maintenance a condition of the occupancy permit, not merely a regulatory obligation. This means a building owner who fails to maintain ESMs may be in breach of the occupancy permit itself, not just a separate statutory obligation. The consequences include potential occupancy permit cancellation under the Act.
Displaying the occupancy permit is compulsory. Regulation 197 imposes a positive obligation on commercial and multi-residential building owners to display a copy of the occupancy permit at an approved location. Many owners are unaware of this requirement.
Partial compliance for building alterations is available but requires surveyor consent. Regulations 232-234 allow partial compliance for alterations to existing buildings, but only with the relevant building surveyor's written consent using Form 18. Proceeding with an alteration on the basis of assumed partial compliance (without formal consent) is a compliance risk.
Applicable barrier standard for swimming pools is tied to construction date. Under the definition in regulation 5, the barrier standard a pool must meet is generally the standard in force at the date of construction. If building work is later carried out on the barrier, the new standard at the date of that work applies (at least to the affected parts). Pool owners who modify barriers should seek advice on which standard now applies.
Mutual recognition for interstate building surveyors is not automatic. The Cau litigation shows that interstate building surveyors cannot assume their registration automatically qualifies them for Victorian registration under mutual recognition. The equivalence assessment compares the specific activities authorised under each State's registration, including activities like issuing building permits that may not exist in the same form in all States.