Victorian Numbered Regulations Victorian Numbered Regulations(1) In these Regulations—
"allotment" means land that can be disposed of separately under section 8A of the Sale of Land Act 1962 without being subdivided;
"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;
AS 3959 means AS 3959—2009 Construction of buildings in bushfire-prone areas published on 10 March 2009, as incorporated for the time being by the BCA;
"BCA" means the Building Code of Australia;
"BCA Volume One "means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume;
"BCA Volume Two" means Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A to that Volume;
"bushfire" attack level has the same meaning as in AS 3959;
"certificate of final inspection "means a certificate issued under section 38 of the Act;
"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);
"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 ;
"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;
"electricity supply authority" has the same meaning as electricity corporation has in section 85 of the Electricity Industry Act 2000 ;
"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;
"fire performance requirement" means—
(a) performance requirement BP1.1,
DP2, DP3, DP4 or DP6 of the BCA Volume One (to the extent
that it
relates to fire safety); or
(b) performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5, EP1.6, EP2.1 or EP2.2 of the BCA Volume One; or
(c) performance requirement P2.1.1, P2.3.1 or P2.3.2 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);
"fire safety engineer" means a registered building practitioner in the category of engineer, class of engineer (fire safety);
"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;
"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;
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;
"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 on the allotment; or
(ii) within the front setback of an existing 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;
"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;
"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;
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.