BUILDING REGULATIONS 2018

Victorian Consolidated Regulations

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BUILDING REGULATIONS 2018

TABLE OF PROVISIONS

PART 1--PRELIMINARY

Division 1--Introduction

1. Objectives
2. Authorising provisions
3. Commencement
4. Revocations

Division 2--Definitions and interpretation

5. Definitions
6. Interpretation
7. Numerical values
8. Use of buildings
9. Approved forms

PART 2--BUILDING CODE OF AUSTRALIA

10. Building Code of Australia
11. Use of BCA terms
12. Classification of buildings
13. Relevant building surveyor must determine the classification of a building

PART 3--OWNER-BUILDERS

Division 1--Applications for certificates of consent for owner‑builders

14. Applications for certificates of consent
15. Information to accompany application for certificate of consent
16. Additional information to accompany application for certificate of consent if land is owned by body corporate
17. Additional information to accompany application for certificate of consent if land is subject to trust
18. Fee for an application for certificate of consent
19. Required knowledge for owner-builders
19A. Exemption relating to small second dwellings

Division 2--Certificates of consent

20. Information in certificate of consent
21. Register of certificates of consent
22. Publication of information kept on the register of certificates of consent

PART 4--BUILDING PERMITS

Division 1--Exemptions

23. Exemptions from building permits

Division 2--Applications for building permits

24. Applications for building permits
25. Application for permit to construct or alter building
26. Application for permit to demolish or remove building
27. Exemption from application requirements for certain building work
28. Application for permit where swimming pool or spa proposed
29. Additional information to accompany application for permit

Division 3--Report or consent of reporting authorities

30. Prescribed reporting authorities
31. Prescribed matters
32. Time limits for application to be given to reporting authority
33. Further time for an applicant to supply a report or consent
34. Time limits relating to the report or consent of reporting authorities
35. Time within which relevant building surveyor must decide application for building permit
36. Maximum fees for report and consent

Division 4--Building permits

36A. Manner in which relevant building surveyor may be satisfied of builder's insurance details
36B. Specification of builders in relation to specific building work
37. Issue of building permit
38. Building surveyor to document determination of performance solution
39. Building surveyor to provide copy of permit
40. Applicant to make documents, permit available
41. Provision and display of permit information
42. Owner to notify of change of details or owner
43. Builder to notify change of name or address

Division 5--Duties of building surveyor

44. Documents to be given to council
45. Lodgement fees
47. Information the relevant building surveyor must give to the Authority
47A. Relevant building surveyor must notify Authority and relevant council of certain information
48. Guarantees and bonds

Division 6--Duties of council

49. Period that documents must be kept
50. Relevant council to make documents available on request
51. Requests for information from relevant council
52. Fees for requests for information

Division 7--Time limits for building work and permits

53. Commencement of work
54. Completion of building work
55. Lapsing of building permit
56. Notice of imminent lapse of building permit—commencement of work
57. Notice of imminent lapse of building permit—completion of work
58. Copy of notice of imminent lapse of building permit to be provided
59. Extension of building permit

Division 8--Combined allotments

60. Application to treat a combined allotment as one allotment
61. Information to be contained in or documents to accompany application
62. Building surveyor may request more information
63. Application may be refused if information not provided
64. Determination to treat a combined allotment as one allotment
65. Effect of determination
66. Revocation of determination
67. Private building surveyor may exercise functions of municipal building surveyor under this Division

PART 5--SITING, DESIGN AND ACCESS REQUIREMENTS

Division 1--Introduction

68. Application
69. What is an existing building?
70. What is a single dwelling?
71. Approved building envelope design overrides siting requirement

Division 2--Single Class 1 buildings and associated Class 10a buildings

72. Application of this Division
73. Maximum street setback
74. Minimum street setbacks
74A. Building setback for small second dwellings
75. Building height
76. Site coverage
76A. Minimum garden area
77. Permeability
78. Car parking
79. Side and rear setbacks
80. Walls and carports on boundaries
81. Daylight to existing habitable room windows
82. Solar access to existing north-facing habitable room windows
83. Overshadowing of recreational private open space
84. Overlooking
85. Daylight to habitable room windows
86. Private open space
86A. Private open space for small second dwellings
86B. Accessibility for small second dwellings

Division 3--Siting of Class 10a buildings

87. Siting of Class 10a buildings

Division 4--Class 10b structures

88. Application of Division
89. Front fence height
90. Fence setbacks from side and rear boundaries
91. Fences on or within 150 mm of side or rear boundaries
92. Fences on intersecting street alignments
93. Fences must not include barbed wire
94. Fences and daylight to habitable room windows in existing dwelling
95. Fences and solar access to existing north-facing habitable room windows
96. Fences and overshadowing of recreational private open space
97. Masts, poles etc.

PART 6--PROJECTIONS BEYOND STREET ALIGNMENT

98. Projections beyond street alignment
99. Architectural features—narrow street
100. Architectural features—medium street
101. Architectural features—wide street
102. Windows and balconies
103. Verandahs
104. Sunblinds and awnings
105. Service pipes, rainwater heads and service installations
106. Window shutters
107. Signs
108. Service cabinet doors
109. Report and consent required
110. Footings adjoining boundaries are permissible

PART 7--PROTECTION OF ADJOINING PROPERTY AND THE PUBLIC

Division 1--Protection of adjoining property by means of protection work

111. Required protection work
112. Matters relevant building surveyor must consider when determining if protection work required
113. Protection work notice
114. Protection work response notice
115. Notice of relevant building surveyor determination

Division 2--Protection of the public

116. Protection of the public

Division 3--Demolition

117. Demolition

Division 4--Excavations and retaining walls

118. Excavations
119. Retaining walls

PART 8--BUILDING WORK

Division 1--Methods of assessment of compliance

120. Testing of materials
121. Fire performance requirements—performance solutions
122. Certificates of compliance—proposed building work
123. Certificates of compliance—building work
124. Registered building practitioner or endorsed building engineer must document performance solutions in certificate of compliance
125. Evidence of suitability—certificate from professional engineer or other qualified person
126. Forms of certificates of compliance

Division 2--Special provisions

127. Record of pile-driving
128. Branding of timber
129. Requirements for permits involving fire safety matters
130. Report and consent for building over easements
131. Report concerning need for electricity substations
132. Report and consent for septic tank systems
133. Stormwater drainage
134. Buildings above or below certain public facilities

PART 9--FIRE SAFETY REQUIREMENTS

144. Definition of owner
145. Automatic smoke detection and alarm systems
146. Residential care buildings—automatic fire suppression systems
147. Shared accommodation buildings—automatic fire suppression systems
147AA. Modification to the BCA Volume One in relation to fire sprinkler system requirements

PART 9A--SAFETY REQUIREMENTS FOR, REGISTRATION OF, AND CERTIFICATION OF BARRIERS FOR, SWIMMING POOLS AND SPAS

Division 1--Application of Part

147A. Application of this Part

Division 2--Requirements for barriers for swimming pools and spas

147B. Application of Division
147C. Requirement for barriers
147D. Requirements for doors or gates
147E. Requirements for windows in walls used as barriers

Division 3--Maintenance and operation of barriers for swimming pools and spas

147F. Swimming pool and spa barrier maintenance
147G. Swimming pool and spa barrier operation
147H. Swimming pool and spa barrier gate must remain closed

Division 4--Registration of swimming pools and spas

147I. Certain swimming pools and spas exempted from section 216D of the Act
147J. Prescribed information for swimming pool and spa registers
147K. A register must be maintained in the following form and manner
147L. Application for registration of swimming pools and spas constructed, or where construction commenced, before 1 November 2020
147M. Application for registration of swimming pools and spas constructed on or after 1 November 2020
147N. Application for registration of relocatable swimming pools and relocatable spas
147O. Relevant council may require owner to apply for registration of swimming pool or spa
147P. Form and fee for registration application
147Q. Council must register swimming pool or spa on receipt of application
147R. Relevant council must give a notice to the applicant of registration of swimming pool or spa and certain other matters
147S. Removal of swimming pool or spa from a register

Division 5--Inspection and certification of compliance of barriers

147T. Determination by the relevant council of the date of construction of a swimming pool or spa
147U. Determination by the relevant council of the date of construction of a relocatable swimming pool or relocatable spa
147V. Obligation to lodge certificate of pool and spa barrier compliance
147W. Exemption from requirement to provide first certificate of pool and spa barrier compliance for certain swimming pools and spas
147X. Fees for lodging a certificate of pool and spa barrier compliance with a relevant council
147Y. Issuing of certificates of pool and spa barrier compliance
147Z. Relevant council may extend time for lodgement of a certificate of pool and spa barrier compliance
147ZA. Application of this Subdivision
147ZB. Issue of certificate of pool and spa barrier compliance by relevant building surveyor following completion of work
147ZC. Owner must lodge certificate of pool and spa barrier compliance with relevant council following certain work
147ZD. Relevant council must update applicable barrier standard in register
147ZE. Relevant council must confirm receipt of certificate of pool and spa barrier compliance

Division 6--Issuing of certificates of pool and spa barrier non-compliance and related matters

147ZF. Circumstances in which a certificate of pool and spa barrier non-compliance must be immediately issued
147ZG. Procedure if a barrier does not meet the applicable barrier standard
147ZH. Further inspection of a non-compliant barrier
147ZI. Issuing a certificate of pool and spa barrier non‑compliance under this Division
147ZJ. Fees for lodging a certificate of pool and spa barrier non-compliance with a relevant council
147ZK. Municipal building surveyor may serve a barrier improvement notice on owner

Division 7--General

147ZL. Relevant council's actions following transfer of land containing a registered swimming pool or registered spa
147ZM. Relevant council to provide information from register to the Authority

PART 10--DESIGNATION OF SPECIAL AREAS FOR BUILDING WORK

148. Mapping of designated special areas
149. Alteration to and creation of designated special area
150. Termite risk areas
151. Construction in termite risk areas
152. Significant snowfall areas
153. Report and consent for building in areas liable to flooding
154. Report and consent for construction on designated land or designated works

PART 11--BUSHFIRE SAFETY

Division 1--Construction in designated bushfire prone areas

156. Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit
157. Relevant building surveyor must accept bushfire attack level of 12·5

Division 2--Requirements for buildings replacing buildings destroyed in the 2009 bushfires

159. Application of this Division
160. Static water supply for fire fighting purposes
161. Access for emergency vehicles
162. Report and consent required for non-complying static water supply and access

Division 3--Private bushfire shelters

163. Application of this Division
164. Private bushfire shelter construction requirements
165. Private bushfire shelter performance requirements—performance solutions
166. Private bushfire shelter maintenance and operation

PART 11A--EMERGENCY PROVISIONS

Division 1--Definition in this Part

166AA. Definition of emergency

Division 2--Emergency accommodation buildings

166A. Definitions in this Division
166B. Meaning of emergency accommodation building
166C. Intended occupier must notify the relevant council of intended occupation of emergency accommodation building
166D. Occupation of emergency accommodation building prohibited before notified commencement date
166E. Municipal building surveyor may inspect emergency accommodation building
166F. Requirements for emergency accommodation buildings
166G. Exemption from certain requirements for emergency accommodation buildings
166H. Occupation of emergency accommodation building prohibited unless building complies with the Act and these Regulations

Division 3--Exemption from the building permit levy for emergency recovery

166I. Definition in this Division
166J. Rebuilding of a dwelling destroyed in an emergency exempt from building permit levy
166K. Refund of building permit levy relating to rebuilding of a dwelling destroyed in an emergency

PART 12--INSPECTIONS, NOTICES AND ORDERS, AND REGISTER OF POWERS OF ENTRY

Division 1--Inspections and directions

167. Prescribed mandatory notification stages for construction or alteration of building
168. Prescribed mandatory notification stages for demolition or removal of building
169. Prescribed mandatory notification stages for construction of swimming pool or spa
170. Omission of irrelevant mandatory notification stage
171. Building permit must specify mandatory notification stages
172. Building surveyor must cause fire and smoke resisting building elements to be inspected
173. Record of inspection of building work
174. Prescribed persons carrying out inspections
175. Relevant building surveyor to keep and make available directions to fix building work
176. Person to whom authorised person must give documents under section 37J of the Act

Division 2--Notices and orders

177. Emergency orders
178. Form of emergency orders
179. Building notices
180. Form of building notice
181. Building orders
182. Form of building orders
182A. Additional information in order or notice served in accordance with section 236(4A) of the Act

Division 3--Powers of entry

183. Register of exercise of powers of entry

PART 13--OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION

Division 1--General

184. Application of Part
185. Exemptions from occupancy permit

Division 2--Applications for occupancy permit

186. Application for occupancy permit
187. Reporting authorities for occupancy permit
188. Time limits for application to be given to reporting authority
189. Time limits relating to the report or consent of reporting authorities
190. Time within which relevant building surveyor must decide application for occupancy permit
191. Time within which municipal building surveyor must decide application to amend occupancy permit

Division 3--Occupancy permits

192. Form of occupancy permit
193. Relevant building surveyor to provide copy of permit
194. Occupancy permit must specify essential safety measures and related requirements
195. Condition on occupancy permit
196. Compliance with AS 1851—2012 taken to be compliance with earlier standards

Division 4--Display and inspection requirements for occupancy permits

197. Display of occupancy permit at approved location
198. Approved location for display of permit
199. Owner to make permit available for inspection

Division 5--Certificates of final inspection

200. Form of certificate of final inspection
201. Relevant building surveyor to notify chief officer of issue of certificates of final inspection

Division 6--Records

202. Keeping of occupancy permit records
203. Documents to be given to council
204. Prescribed time to give council other documents
205. Information to be supplied to council

PART 14--PLACES OF PUBLIC ENTERTAINMENT

206. Prescribed classes of buildings or places
207. Prescribed temporary structures
208. Exemption from permit for temporary structures
209. Prescribed place of public entertainment
210. Conditions on occupancy permits
211. Safety officer qualifications
212. Structural design of prescribed temporary structures

PART 15--MAINTENANCE OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT

Division 1--Maintenance of essential safety measures

213. Application of this Division
214. Definitions in this Division
215. Maintenance determinations for essential safety measures in buildings and places of public entertainment
216. Owner must comply with maintenance determination
217. Compliance with AS 1851—2012 taken to be compliance with earlier standards
218. Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment
219. Owner of building or place of public entertainment may apply for maintenance schedule
220. Building surveyor may prepare maintenance schedule
221. Building surveyor must give owner copy of maintenance schedule
222. Maintenance schedules
223. Owner must prepare annual essential safety measures report
224. Contents and form of annual essential safety measures report
225. Records relating to essential safety measures must be made available
226. Maintenance responsibility of owner of building or place of public entertainment
227. Essential safety measures not to be removed from approved locations

Division 2--Maintenance of exits and paths of travel relating to buildings or places of public entertainment

228. Maintenance of exits and paths of travel by occupiers of buildings or places of public entertainment

PART 16--EXISTING BUILDINGS

Division 1--Change of use of existing buildings

229. Change of use
230. Private building surveyor may exercise functions of municipal building surveyor under regulation 229

Division 2--Subdivision of existing buildings

231. Subdivision of existing building
232. Private building surveyor may exercise functions of municipal building surveyor under regulation 231

Division 3--Alterations

233. Alteration to existing building
234. Alterations affecting exits and paths to exits
235. Extension of non-complying external wall
236. Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities

Division 4--General

237. Small live music venue classification

PART 17--BUILDING PRODUCT ACCREDITATION

Division 1--Definitions

238. Definitions

Division 2--Accreditation persons and bodies

239. Prescribed persons and bodies to accredit building products
240. Definition of Certificate of Accreditation in the BCA

Division 3--Accreditation by Committee

241. Application of Division
242. Application for accreditation
242A. Application for renewal of accreditation
242AB. Application for variation of accreditation
242B. Refusal to accredit, renew or vary an accreditation
243. Information in application to remain confidential
244. Accreditation application fees
244A. Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation
245. Issue or re-issue of a certificate of accreditation
246. Revocation of accreditation
247. Holder may request revocation of accreditation
248. Notice of revocation of accreditation
249. Accreditation ceases to have effect on revocation
250. Offence to falsely claim product accredited

Division 4--Register and records

251. Register of accredited products
252. Records

Division 5--Exemptions relating to accreditation of building products by prescribed persons and bodies

253. Exemption relating to register of accredited products
253A. Exemption from transitional provisions for building products accredited on or after 1 January 2019
253B. Exemption from transitional provisions for building products accredited before 1 January 2019

PART 18--BUILDING PRACTITIONERS

Division 1--Registration

254. Information to accompany application for registration
255. Certificate of registration
256. Condition of registration
256A. Authority to be advised of nominee director changes

Division 1A--Register of Building Practitioners

256B. The Register of Building Practitioners
256C. Publication of information on Register of Building Practitioners

Division 2--Prescribed qualifications and classes of building practitioner and prescribed work

257. Prescribed classes of building practitioner
258. Prescribed qualifications
259. Building surveyor work
260. Building inspector work
261. Domestic builder work

Division 3--Requirements for advertising and written statements

262. Advertisements or written statements by registered building practitioners
263. Advertisements or written statements by partnerships

Division 3A--Probity and discipline

263A. Authority must be notified of probity matters
263B. Grounds for disciplinary action
263C. Grounds for immediate suspension

Division 4--General

264. Notice of suspension or cancellation of registration
265. Professional standards
266. Duplicate certificate fee
267. Period for which private building surveyor may not act

Division 5--Exemptions for certain building practitioners

268. Relevant building surveyor exempt from section 24A in relation to certain types of building work
269. Relevant building surveyor exempt from section 24(6) and (7) of the Act in relation to certain building permit applications
269A. Relevant building surveyor exempt from certain requirements in section 24A(1) of the Act in relation to issuing certain building permits
269B. Certain persons exempt from section 169F(1) of the Act

PART 19--APPEALS AND REVIEWS

271. Appeal periods
272. Appeal, referral and application fees
273. Fees for fast track appeals
274. Refund of fees by Authority
274A. Exemptions to pay fees under this Part
275. Review period

PART 20--INFRINGEMENT NOTICES

276. Authorised officers
277. Prescribed offences
278. Prescribed penalties

PART 21--EXEMPTIONS

279. Exemptions from building regulations
280. Exemption for Class 10 buildings on farm land
281. Exemptions relating to building surveyors for certain buildings
281A. Exemption from certain fees
281B. Exemption from building permit levy for building work relating to social housing
281C. Refund of certain building permit levy
281D. Authority is exempted from calculation and notification requirements
281E. Exemption from certain fees payable to the Authority under these Regulations

PART 22--TRANSITIONAL AND SAVINGS PROVISIONS

283. Registration of building practitioners not affected by revocation of Building Interim Regulations 2017
284. Domestic builder (manager)
285. Appointment of private building surveyor
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
SCHEDULE 13
ENDNOTES

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