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  

           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

           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 Division  
   73.     Maximum street setback  
   74.     Minimum street setbacks  
   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  

           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 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  

   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  
   158.    Specific use bushfire protected buildings—construction requirements  

           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 ACCOMMODATION BUILDINGS

   166A.   Definitions in this Part  
   166B.   Meaning of emergency accommodation building  
   166C.   Owner 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  

   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  
   243.    Information in application to remain confidential  
   244.    Accreditation fees  
   245.    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  

   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

   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  

   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  
   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  

   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  

   PART 23--REVOCATION OF TEMPORARY FEES

   286.    Revocation of regulations prescribing fees  
           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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