166 Private bushfire shelter maintenance and operation 161
Part 11A—Emergency provisions 162
Division 1—Definition in this Part 162
166AA Definition of emergency 162
Division 2—Emergency accommodation buildings 163
166A Definitions in this Division 163
166B Meaning of emergency accommodation building 164
166C Intended occupier must notify the relevant council of intended occupation of emergency accommodation building 165
166D Occupation of emergency accommodation building prohibited before notified commencement date 166
166E Municipal building surveyor may inspect emergency accommodation building 166
166F Requirements for emergency accommodation buildings 166
166G Exemption from certain requirements for emergency accommodation buildings 167
166H Occupation of emergency accommodation building prohibited unless building complies with the Act and these Regulations 170
Division 3—Exemption from the building permit levy for emergency recovery 170
166I Definition in this Division 170
166J Rebuilding of a dwelling destroyed in an emergency exempt from building permit levy 170
166K Refund of building permit levy relating to rebuilding of a dwelling destroyed in an emergency 171
Part 12—Inspections, notices and orders, and register of powers of entry 172
Division 1—Inspections and directions 172
167 Prescribed mandatory notification stages for construction or alteration of building 172
168 Prescribed mandatory notification stages for demolition or removal of building 172
169 Prescribed mandatory notification stages for construction of swimming pool or spa 173
170 Omission of irrelevant mandatory notification stage 173
171 Building permit must specify mandatory notification stages 173
172 Building surveyor must cause fire and smoke resisting building elements to be inspected 174
173 Record of inspection of building work 175
174 Prescribed persons carrying out inspections 175
175 Relevant building surveyor to keep and make available directions to fix building work 176
176 Person to whom authorised person must give documents under section 37J of the Act 176
Division 2—Notices and orders 177
177 Emergency orders 177
178 Form of emergency orders 177
179 Building notices 178
180 Form of building notice 178
181 Building orders 178
182 Form of building orders 179
182A Additional information in order or notice served in accordance with section 236(4A) of the Act 179
Division 3—Powers of entry 180
183 Register of exercise of powers of entry 180
Part 13—Occupancy permits and certificates of final inspection 183
Division 1—General 183
184 Application of Part 183
185 Exemptions from occupancy permit 183
Division 2—Applications for occupancy permit 183
186 Application for occupancy permit 183
187 Reporting authorities for occupancy permit 184
188 Time limits for application to be given to reporting authority 185
189 Time limits relating to the report or consent of reporting authorities 185
190 Time within which relevant building surveyor must decide application for occupancy permit 186
191 Time within which municipal building surveyor must decide application to amend occupancy permit 186
Division 3—Occupancy permits 187
192 Form of occupancy permit 187
193 Relevant building surveyor to provide copy of permit 187
194 Occupancy permit must specify essential safety measures and related requirements 187
195 Condition on occupancy permit 188
196 Compliance with AS 1851—2012 taken to be compliance with earlier standards 189
Division 4—Display and inspection requirements for occupancy permits 190
197 Display of occupancy permit at approved location 190
198 Approved location for display of permit 190
199 Owner to make permit available for inspection 191
Division 5—Certificates of final inspection 191
200 Form of certificate of final inspection 191
201 Relevant building surveyor to notify chief officer of issue of certificates of final inspection 191
Division 6—Records 192
202 Keeping of occupancy permit records 192
203 Documents to be given to council 193
204 Prescribed time to give council other documents 194
205 Information to be supplied to council 195
Part 14—Places of public entertainment 196
206 Prescribed classes of buildings or places 196
207 Prescribed temporary structures 197
208 Exemption from permit for temporary structures 197
209 Prescribed place of public entertainment 198
210 Conditions on occupancy permits 198
211 Safety officer qualifications 199
212 Structural design of prescribed temporary structures 199
Part 15—Maintenance of buildings and places of public entertainment 200
Division 1—Maintenance of essential safety measures 200
Subdivision 1—General 200
213 Application of this Division 200
214 Definitions in this Division 200
Subdivision 2—Maintenance determinations 201
215 Maintenance determinations for essential safety measures in buildings and places of public entertainment 202
216 Owner must comply with maintenance determination 203
217 Compliance with AS 1851—2012 taken to be compliance with earlier standards 203
Subdivision 3—Maintenance schedules 204
218 Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment 204
219 Owner of building or place of public entertainment may apply for maintenance schedule 205
220 Building surveyor may prepare maintenance schedule 205
221 Building surveyor must give owner copy of maintenance schedule 206
222 Maintenance schedules 206
Subdivision 4—Reporting and records 207
223 Owner must prepare annual essential safety measures report 207
224 Contents and form of annual essential safety measures report 208
225 Records relating to essential safety measures must be made available 209
226 Maintenance responsibility of owner of building or place of public entertainment 210
227 Essential safety measures not to be removed from approved locations 211
Division 2—Maintenance of exits and paths of travel relating to buildings or places of public entertainment 211
228 Maintenance of exits and paths of travel by occupiers of buildings or places of public entertainment 211
Part 16—Existing buildings 212
Division 1—Change of use of existing buildings 212
229 Change of use 212
230 Private building surveyor may exercise functions of municipal building surveyor under regulation 229 213
Division 2—Subdivision of existing buildings 213
231 Subdivision of existing building 213
232 Private building surveyor may exercise functions of municipal building surveyor under regulation 231 214
Division 3—Alterations 214
233 Alteration to existing building 214
234 Alterations affecting exits and paths to exits 215
235 Extension of non-complying external wall 216
236 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities 216
Division 4—General 220
237 Small live music venue classification 220
Part 17—Building product accreditation 222
Division 1—Definitions 222
238 Definitions 222
Division 2—Accreditation persons and bodies 222
239 Prescribed persons and bodies to accredit building products 222
240 Definition of Certificate of Accreditation in the BCA 222
Division 3—Accreditation by Committee 223
241 Application of Division 223
242 Application for accreditation 223
242A Application for renewal of accreditation 224
242AB Application for variation of accreditation 225
242B Refusal to accredit, renew or vary an accreditation 226
243 Information in application to remain confidential 227
244 Accreditation application fees 228
244A Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation 228
245 Issue or re-issue of a certificate of accreditation 229
246 Revocation of accreditation 230
247 Holder may request revocation of accreditation 231
248 Notice of revocation of accreditation 231
249 Accreditation ceases to have effect on revocation 232
250 Offence to falsely claim product accredited 232
Division 4—Register and records 232
251 Register of accredited products 232
252 Records 234
Division 5—Exemptions relating to accreditation of building products by prescribed persons and bodies 235
253 Exemption relating to register of accredited products 235
253A Exemption from transitional provisions for building products accredited on or after 1 January 2019 235
253B Exemption from transitional provisions for building products accredited before 1 January 2019 235
Part 18—Building practitioners 236
Division 1—Registration 236
254 Information to accompany application for registration 236
255 Certificate of registration 237
256 Condition of registration 238
256A Authority to be advised of nominee director changes 238
Division 1A—Register of Building Practitioners 239
256B The Register of Building Practitioners 239
256C Publication of information on Register of Building Practitioners 240
Division 2—Prescribed qualifications and classes of building practitioner and prescribed work 242
257 Prescribed classes of building practitioner 242
258 Prescribed qualifications 242
259 Building surveyor work 243
260 Building inspector work 243
261 Domestic builder work 243
Division 3—Requirements for advertising and written statements 244
262 Advertisements or written statements by registered building practitioners 244
263 Advertisements or written statements by partnerships 244
Division 3A—Probity and discipline 244
263A Authority must be notified of probity matters 244
263B Grounds for disciplinary action 248
263C Grounds for immediate suspension 248
Division 4—General 248
264 Notice of suspension or cancellation of registration 248
265 Professional standards 249
266 Duplicate certificate fee 249
267 Period for which private building surveyor may not act 249
Division 5—Exemptions for certain building practitioners 249
268 Relevant building surveyor exempt from section 24A in relation to certain types of building work 249
269 Relevant building surveyor exempt from section 24(6) and (7) of the Act in relation to certain building permit applications 250
269A Relevant building surveyor exempt from certain requirements in section 24A(1) of the Act in relation to issuing certain building permits 250
269B Certain persons exempt from section 169F(1) of the Act 251
Part 19—Appeals and reviews 252
271 Appeal periods 252
272 Appeal, referral and application fees 256
273 Fees for fast track appeals 259
274 Refund of fees by Authority 259
274A Exemptions to pay fees under this Part 259
275 Review period 260
Part 20—Infringement notices 261
276 Authorised officers 261
277 Prescribed offences 261
278 Prescribed penalties 261
Part 21—Exemptions 262
279 Exemptions from building regulations 262
280 Exemption for Class 10 buildings on farm land 262
281 Exemptions relating to building surveyors for certain buildings 262
281A Exemption from certain fees 264
281B Exemption from building permit levy for building work relating to social housing 265
281C Refund of certain building permit levy 267
281D Authority is exempted from calculation and notification requirements 268
281E Exemption from certain fees payable to the Authority under these Regulations 268
Part 22—Transitional and savings provisions 269
283 Registration of building practitioners not affected by revocation of Building Interim Regulations 2017 269
284 Domestic builder (manager) 269
285 Appointment of private building surveyor 270
Schedule 1—Revocations 272
Schedule 2—Duties and responsibilities of an owner-builder 273
Schedule 3—Exemptions for building work and buildings 275
Schedule 4—Forms 285
Schedule 5—Prescribed matters reported on by prescribed reporting authorities 373
Schedule 6—Planning schemes 377
Schedule 7—Planning schemes applying to allotments containing homes destroyed in the 2009 bushfires 387
Schedule 8—Essential safety measures 388
Schedule 9—Prescribed classes of building practitioners and prescribed qualifications 393
Schedule 10—Work authorised to be carried out by a registered building surveyor 438
Schedule 11—Work authorised to be carried out by a registered building inspector 441
Schedule 12—Domestic building work authorised to be carried out by registered domestic builders 443
Schedule 13—Planning schemes that have an approved infrastructure contributions plan 451
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Endnotes 452
1 General information 452
2 Table of Amendments 454
3 Explanatory details 457
Version No.028
Building Regulations 2018
S.R. No. 38/2018
Version incorporating amendments as at
Part 1—Preliminary
Division 1—Introduction
1 Objectives
The objectives of these Regulations are—
(a) to remake with amendments the regulations which control the design, construction and use of buildings and places of public entertainment; and
(b) to prescribe standards for the construction and demolition of buildings; and
(c) to prescribe standards of safety for places of public entertainment; and
(d) to regulate matters relating to the use and maintenance of buildings and places of public entertainment; and
Reg. 1(e) substituted by S.R. No. 132/2023 reg. 4.
(e) to prescribe requirements for the design, siting and access requirements for single dwellings and associated buildings and for small second dwellings; and
(f) to prescribe standards and matters relating to the maintenance of fire safety and safety measures; and
Reg. 1(g) substituted by S.R. No. 116/2019 reg. 5.
(g) to prescribe requirements for swimming pools and spas including—
(i) swimming pool and spa safety; and
(ii) registration of swimming pools and spas; and
(iii) inspection of swimming pools and spas; and
(iv) prescribing maximum fees relating to the registration of, lodgement of documents and information searches relating to, swimming pools and spas; and
(h) to provide for matters relating to the accreditation of building products, construction methods, designs, components and systems connected with building work; and
(i) to prescribe qualifications and provide for other matters relating to registration of building practitioners; and
(j) to prescribe fees in relation to matters before the Building Appeals Board, the Authority and the Building Regulations Advisory Committee; and
(k) to provide for other matters for the purposes of the Building Act 1993.