Victorian Consolidated Regulations

BUILDING REGULATIONS 2018 - REG 166G

Reg. 166G(1) amended by S.R. No. 80/2023 reg. 8(1)(a).

    (1)     The construction of an emergency accommodation building is exempt from the requirement to obtain a building permit for such construction and the building work connected with that construction and the building is exempt from all Parts of these Regulations (except this Part) if—

Reg. 166G
(1)(a) amended by S.R. No. 80/2023 reg. 8(1)(b).

        (a)     the occupier of the building has complied with regulation 166C; and

        (b)     the building complies with the requirements under regulation 166F.

Reg. 166G(1A) inserted by S.R. No. 80/2023 reg. 8(2).

    (1A)     Despite subregulation (1), an exemption under subregulation (1) ceases to operate—

        (a)     in the case of an emergency accommodation building that was constructed by or on behalf of the State, in accordance with subregulation (2); and

        (b)     in the case of an emergency accommodation building that was not constructed by or on behalf of the State—

              (i)     in accordance with subregulation (2); or

              (ii)     if subregulation (2) does not apply, at the end of the maximum occupation period.

Reg. 166G(2) amended by S.R. No. 80/2023 reg. 8(3)(a)–(c).

    (2)     An exemption under subregulation (1) in relation to an emergency accommodation building ceases to operate if—

Reg. 166G
(2)(a) amended by S.R. No. 80/2023 reg. 8(3)(d).

        (a)     the municipal building surveyor has notified the occupier of the building in accordance with subregulation (3) that the building does not comply with a requirement under regulation 166F(1)(a) and the building has not been brought into compliance with the requirement within the period of time specified in the notice or any extended period of time, in which case the exemption ceases to operate at the end of that period; or

Reg. 166G
(2)(b) amended by S.R. No. 80/2023 reg. 8(3)(d)(e).

        (b)     the occupier no longer occupies the building as their principal place of residence, in which case the exemption ceases to operate on the day after such occupation ceases.

Reg. 166G(3) amended by S.R. No. 80/2023 reg. 8(4).

    (3)     If the municipal building surveyor, after inspecting an emergency accommodation building, determines that the building does not comply with a requirement under regulation 166F(1)(a), the municipal building surveyor must give the occupier of the building a written notice containing the following details—

        (a)     the requirement with which the building does not comply;

        (b)     the period of time within which the building must be brought into compliance with the requirement;

        (c)     that if the building is not brought into compliance with regulation 166F(1)(a) within the period of time referred to in paragraph (b) or any extended period of time granted under subregulation (5), the exemption under subregulation (1) ceases to operate in relation to the building at the end of that period.

Reg. 166G(4) amended by S.R. No. 80/2023 reg. 8(5).

    (4)     The occupier of an emergency accommodation building may, before the end of the period of time referred to in subregulation (3)(b) or any extended period of time granted under subregulation (5), request that the municipal building surveyor extends that period of time.

Reg. 166G(5) amended by S.R. No. 80/2023 reg. 8(6).

    (5)     If the municipal building surveyor agrees to grant a request under subregulation (4), the municipal building surveyor must notify the occupier in writing of the extended period of time.

Reg. 166H inserted by S.R. No. 83/2020 reg. 5.