5Definitions

5 Definitions (1) In these Regulations— Reg. 5(1) def. of *Adminis-trative Office Head* inserted by S.R. No. 21/2020 reg. 4. ***Administrative Office Head*** has the same meaning as in section 4(1) of the **Public Administration Act 2004**; ***allotment*** means land that can be disposed of separately under section 8A of the **Sale of Land Act 1962** without being subdivided; Reg. 5(1) def. of *applicable barrier standard* inserted by S.R. No. 116/2019 reg. 6. ***applicable barrier standard***, in relation to a swimming pool or spa barrier, means— (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 (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— (i) the subsequent barrier requirements in force at the date of the issue of any building permit for the building work; or (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; ***approved*** means approved by the relevant building surveyor; ***approved building envelope*** means documented design parameters that deal with a siting matter regulated under Part 5 that— (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 (b) are— (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 (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; ***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; ***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; Reg. 5(1) def. of *AS 3959* substituted by S.R. No. 40/2019 reg. 5(a). ***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; Reg. 5(1) def. of *BCA Volume One* amended by S.R. No. 40/2019 reg. 5(b). ***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; Reg. 5(1) def. of *BCA Volume Two* amended by S.R. No. 40/2019 reg. 5(c). ***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; ***bushfire*** ***attack level*** has the same meaning as in AS 3959; Reg. 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. ***certificate of final inspection*** means a certificate issued under section 38 of the Act; Reg. 5(1) def. of *civil engineer* inserted by S.R. No. 73/2021 reg. 5(1). ***civil engineer*** means an endorsed building engineer registered in the area of civil engineering; ***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; ***combined allotment*** means two or more adjoining allotments or an allotment and adjoining land; ***commencement date*** in relation to building work has the same meaning as in regulation 55(1); ***completion date*** in relation to building work has the same meaning as in regulation 55(2); Reg. 5(1) def. of *date of construction* inserted by S.R. No. 116/2019 reg. 6. ***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); ***declared road*** means a freeway or an arterial road, both within the meaning of the **Road Management Act 2004**; ***designated land*** means any land declared to be designated land under Part 10 of the **Water Act 1989**; ***designated special area*** means— (a) an area liable to flooding; or (b) an area designated under regulation 150 as an area in which buildings are likely to be subject to attack by termites; or (c) an area designated under regulation 152 as likely to be subject to significant snowfalls; or (d) designated land; or (e) designated works; ***designated works*** means any works declared to be designated works under Part 10 of the **Water Act 1989**; Reg. 5(1) def. of *Director of Housing* inserted by S.R. No. 101/2020 reg. 5. ***Director of Housing*** has the same meaning as it has in the **Housing Act 1983**; ***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; Reg. 5(1) def. of *electrical engineer* inserted by S.R. No. 73/2021 reg. 5(1). ***electrical engineer*** means an endorsed building engineer registered in the area of electrical engineering; ***electricity supply authority*** has the same meaning as ***electricity corporation*** has in section 85 of the **Electricity Industry Act 2000**; Reg. 5(1) def. of *emergency accom-modation building* inserted by S.R. No. 83/2020 reg. 4. ***emergency accommodation building*** has the same meaning as in regulation 166B; ***essential safety measure*** has the same meaning as it has in regulation 214; ***farm land*** has the same meaning as it has in section 2(1) of the **Valuation of Land Act 1960**; ***fence*** includes— (a) a screen; or (b) a structure similar to a fence; Reg. 5(1) def. of *fire performance requirement* substituted by S.R. No. 102/2023 reg. 3. ***fire performance requirement*** means— (a) performance requirement B1P1, D1P2, D1P3, D1P4 or D1P6 of the BCA Volume One (to the extent that it relates to fire safety); or (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 (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); Reg. 5(1) def. of *fire safety engineer* substituted by S.R. No. 73/2021 reg. 5(2). ***fire safety engineer*** means an endorsed building engineer registered in the area of fire safety engineering; ***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; ***Form*** means a form in Schedule 4; ***gas supply authority*** means— (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 (b) in relation to pipelines to which the **Pipelines** **Act 2005** applies, the Minister responsible for the administration of that Act; ***height*** in relation to— (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 (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 (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; ***Keeper of Public Records*** means the Keeper of Public Records within the meaning of the **Public Records Act 1973**; ***maintenance determination*** has the same meaning as it has in regulation 214; ***maintenance schedule*** has the same meaning as it has in regulation 214; Reg. 5(1) def. of *management condition* inserted by S.R. No. 73/2021 reg. 5(1). ***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; Reg. 5(1) def. of *mechanical engineer* inserted by S.R. No. 73/2021 reg. 5(1). ***mechanical engineer*** means an endorsed building engineer registered in the area of mechanical engineering; ***medium street*** means a street that is more than 6 m in width but not exceeding 10 m in width; ***narrow street*** means a street that is 6 m or less in width; ***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; Reg. 5(1) def. of *participating registered agency* inserted by S.R. No. 101/2020 reg. 5. ***participating registered agency*** has the same meaning as it has in the **Housing Act 1983**; ***pergola*** means an open structure that is unroofed but may have a covering of open weave permeable material; ***planning permit*** means a planning permit granted under the **Planning and Environment Act 1987**; ***planning scheme*** means a planning scheme approved under the **Planning and Environment Act 1987** as in force from time to time; ***private open space*** means— (a) an unroofed area of land; or (b) a deck, terrace, patio, balcony, pergola, verandah, gazebo, swimming pool or spa; Reg. 5(1) def. of *recreational private open space* amended by S.R. No. 132/2023 reg. 5(2). ***recreational private open space*** means any part of a private open space on an allotment— (a) which is— (i) at the side or rear of an existing dwelling including a small second dwelling on the allotment; or (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 (b) which is primarily intended for outdoor recreation activities; Reg. 5(1) def. of *register* inserted by S.R. No. 116/2019 reg. 6. ***register***, in relation to a swimming pool or spa, means the swimming pool and spa register of a council; Reg. 5(1) def. of *registered spa* inserted by S.R. No. 116/2019 reg. 6. ***registered spa*** means a spa that is registered under Division 4 of Part 9A on a swimming pool and spa register; Reg. 5(1) def. of *registered swimming pool* inserted by S.R. No. 116/2019 reg. 6. ***registered swimming pool*** means a swimming pool that is registered under Division 4 of Part 9A on a swimming pool and spa register; Reg. 5(1) def. of *relevant building permit* inserted by S.R. No. 73/2021 reg. 5(1). ***relevant building permit*** means a building permit that is referred to in regulation 269A(1); Reg. 5(1) def. of *relevant building practitioner* inserted by S.R. No. 73/2021 reg. 5(1). ***relevant building practitioner*** means a building practitioner registered under Part 11 of the Act in the category of builder, in the class of— (a) domestic builder (manager); or (b) domestic builder (unlimited) subject to a management condition; Reg. 5(1) def. of *relocatable spa* inserted by S.R. No. 116/2019 reg. 6. ***relocatable spa*** means a spa that is capable of being relocated; Reg. 5(1) def. of *relocatable swimming pool* inserted by S.R. No. 116/2019 reg. 6. ***relocatable swimming pool*** means a swimming pool that is capable of being relocated; ***septic tank system*** has the same meaning as it has in section 53J(1) of the **Environment Protection Act 1970**; ***service authority*** means any of the following— (a) a council; (b) a drainage authority; (c) an electricity supply authority; (d) a gas supply authority; (e) a sewerage authority; (f) a water supply authority; ***setback***, from a boundary or building, means a horizontal distance from that boundary or building; ***sewerage authority*** in relation to a sewerage district under the **Water Act 1989** means the Authority for that sewerage district under that Act; ***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; Reg. 5(1) def. of *small second dwelling* inserted by S.R. No. 132/2023 reg. 5(1). ***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; Reg. 5(1) def. of *social housing* inserted by S.R. No. 101/2020 reg. 5. ***social housing*** has the same meaning as it has in the **Housing Act 1983**; Reg. 5(1) def. of *spa* inserted by S.R. No. 116/2019 reg. 6. ***spa*** unless otherwise stated includes a relocatable spa; ***street*** includes road, highway, carriageway, lane, footway, square, court, alley and right of way; ***street alignment*** means the line between a street and an allotment; Reg. 5(1) def. of *swimming pool* inserted by S.R. No. 116/2019 reg. 6. ***swimming pool*** unless otherwise stated includes a relocatable swimming pool; ***the Act*** means the **Building Act 1993**; ***water supply authority*** in relation to a water district under the **Water Act 1989** means the Authority for that water district under that Act; ***wide street*** is a street that is more than 10 m in width. (2) For the purposes of subregulation (1), land is in an ***area liable to flooding*** if— (a) by or under the **Water Act 1989** it is determined as being liable to flooding (however expressed); or (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 (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 (d) it is designated by the relevant council as likely to be flooded by waters from— (i) a ***waterway***, as defined in section 3(1) of the **Water Act 1989**; or (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. (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.