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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building (Amendment) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Building regulations 3
5. Refusal of building permits 3
6. Insertion of new section 24A 3
24A. Further limitations on issue of building permit 3
7. Insertion of new sections 25A and 25B 5
25A. Notice to building surveyor of changes 5
25B. Restrictions on owner-builder 6
8. Insertion of new Division 3A in Part 3 7
Division 3A--Certificates of Consent for Owner-builders 7
25C. Application for owner-builder certificate of consent 7
25D. Further particulars 7
25E. Decision on application for certificate of consent 8
25F. Applications in relation to land owned by related
bodies 10
25G. Certificate of consent 11
25H. Register of certificates 11
25I. Building Commission to publish information statement 11
9. Documents to include prescribed information 12
10. Appeals against decisions of Building Practitioners Board 12
11. Offence to carry out certain domestic building work if
unregistered 13
12. Additional function of Building Practitioners Board 13
13. Delegation of functions of the Building Practitioners Board 13
14. Power to amend or revoke plumbing insurance orders 13
15. Regulation-making powers in relation to plumbing work 14
16. Insertion of new Division 1B of Part 13 14
Division 1B--Inspections of Safety and Emergency
Equipment 14
227E. Powers of inspection of chief officer and municipal
building surveyor 14
17. Production of identity card by authorised persons 15
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Clause Page
18. Substitution of new section 229 15
229. Power of entry--inspections of buildings, places of
public entertainment etc. 15
19. Insertion of additional regulation-making powers 16
20. Reporting authority fees 17
Victorian Legislation Parliamentary Documents
21. Consequential amendment 17
ENDNOTES 18
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551133B.I1-4/6/2004 BILL LA CIRCULATION 4/6/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 1 June 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Building Act 1993 and for other purposes.
Building (Amendment) Act 2004
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Building Act 1993--
(a) to improve the regulation of domestic
building work in relation to owner-builders;
5
and
(b) to require that authorised officers produce
identification before exercising powers under
that Act or the regulations; and
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Building (Amendment) Act 2004
s. 2
Act No.
(c) to provide powers for the inspection of safety
or emergency installations, equipment or
services in buildings and places of public
entertainment and the inspection of records
Victorian Legislation Parliamentary Documents
relating to their operation and maintenance;
5
and
(d) to empower a reporting authority to fix
certain fees; and
(e) to provide for additional regulation-making
powers; and
10
(f) to generally improve the operation of that
Act.
2. Commencement
(1) Sections 1 and 21 and this section come into
operation on the day after the day on which this
15
Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
20
not come into operation before 1 July 2005, it
comes into operation on that day.
3. Definitions
See: (1) In section 3(1) of the Building Act 1993 insert
Act No.
the following definitions--
25 126/1993.
Reprint No. 5
' "certificate of consent" means a certificate of
as at
31 May 2003
consent under Division 3A of Part 3;
and
amending
"chief officer" means--
Act Nos
26/2001,
(a) in relation to the metropolitan fire
60/2003 and
district under the Metropolitan Fire
102/2003.
30
LawToday:
Brigades Act 1958, the Chief Officer
www.dms.
of the Metropolitan Fire and
dpc.vic.
gov.au
Emergency Services; and
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Building (Amendment) Act 2004
s. 4
Act No.
(b) in relation to any building or land
outside the metropolitan fire district,
the Chief Officer of the Country Fire
Authority under the Country Fire
Victorian Legislation Parliamentary Documents
Authority Act 1958;'.
5
(2) In section 3(1) of the Building Act 1993, in the
definition of "Building Code of Australia" omit
"1996" (where twice occurring).
4. Building regulations
In section 7(1)(a) of the Building Act 1993, for
10
"and maintenance" substitute ", maintenance,
demolition and removal".
5. Refusal of building permits
(1) In sections 24(1) and 24(2) of the Building Act
1993, after "Subject to" insert "section 24A and".
15
(2) Sections 24(3), 24(4), 24(4A) and 24(4B) of the
Building Act 1993 are repealed.
6. Insertion of new section 24A
After section 24 of the Building Act 1993
insert--
20
"24A. Further limitations on issue of building
permit
(1) The relevant building surveyor may consider
an application for a building permit for
building work that is not domestic building
25
work but must not issue the permit unless he
or she is satisfied that--
(a) each building practitioner to be
engaged in the building work is
registered under Part 11; and
30
(b) each architect to be engaged in the
building work is an insured architect.
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Building (Amendment) Act 2004
s. 6
Act No.
(2) The relevant building surveyor may consider
an application for a building permit for
domestic building work that is to be carried
out under a major domestic building contract
Victorian Legislation Parliamentary Documents
but must not issue the permit unless he or
5
she is satisfied that--
(a) the work is to be carried out by a
builder who is registered under Part 11
in the appropriate class of domestic
builder and is covered by the required
10
insurance; and
(b) each architect to be engaged in the
building work is an insured architect.
(3) The relevant building surveyor may consider
an application for a building permit for
15
domestic building work where the cost of
the work (estimated in accordance with
section 201) is more than $12 000 and the
work is not to be carried out under a major
domestic building contract but must not issue
20
the permit unless he or she is satisfied that--
(a) the work is to be carried out by--
(i) a builder who is registered under
Part 11; or
(ii) an architect who is registered
25
under the Architects Act 1991; or
(b) the applicant has been issued with a
certificate of consent for the work; or
(c) the applicant is the Director of Housing
within the meaning of the Housing Act
30
1983.".
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Building (Amendment) Act 2004
s. 7
Act No.
7. Insertion of new sections 25A and 25B
After section 25 of the Building Act 1993
insert--
Victorian Legislation Parliamentary Documents
"25A. Notice to building surveyor of changes
(1) If a building permit has been issued in
5
respect of building work to be carried out by
a building practitioner or an insured architect
and subsequently the engagement of the
building practitioner or architect ends, that
building practitioner or architect and the
10
owner of the building or land in respect of
which the permit is issued must, within
14 days after that engagement ends, each
give the relevant building surveyor written
notice of the ending of that engagement.
15
Penalty: 10 penalty units.
(2) If a building permit has been issued in
respect of building work and subsequently a
building practitioner or insured architect is
engaged to carry out the building work, the
20
owner of the building or land in respect of
which the permit is issued must, within
14 days after that engagement, give the
relevant building surveyor written notice of
the engagement including details of--
25
(a) the building practitioner's registration
under this Act; or
(b) the architect's registration under the
Architects Act 1991.
Penalty: 10 penalty units.
30
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Building (Amendment) Act 2004
s. 7
Act No.
(3) A builder who is engaged to carry out
domestic building work after a building
permit is issued in respect of the building
work must, within 14 days after that
Victorian Legislation Parliamentary Documents
engagement, give the relevant building
5
surveyor written notice of the engagement
including details of the required insurance by
which the builder is covered.
Penalty: 50 penalty units.
25B. Restrictions on owner-builder
10
An owner of land or a building must not
carry out domestic building work as builder
on that land or in respect of that building if
the cost of the work (estimated in accordance
with section 201) is more than $12 000
15
unless the owner--
(a) has been issued with a certificate of
consent for the work; or
(b) is a builder who is registered under
Part 11; or
20
(c) is an architect who is registered under
the Architects Act 1991; or
(d) is the Director of Housing; or
(e) is carrying out the work in accordance
with an emergency order, a building
25
notice or a building order made under
Part 8.
Penalty: 50 penalty units.".
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Building (Amendment) Act 2004
s. 8
Act No.
8. Insertion of new Division 3A in Part 3
After Division 3 of Part 3 of the Building Act
1993 insert--
Victorian Legislation Parliamentary Documents
'Division 3A--Certificates of Consent for
Owner-builders
5
25C. Application for owner-builder certificate
of consent
(1) A natural person may apply to the Building
Practitioners Board for the issue of a
certificate of consent to carry out domestic
10
building work on land.
(2) The application must--
(a) contain the prescribed information; and
(b) be made in the prescribed manner; and
(c) be accompanied by--
15
(i) a statutory declaration by the
applicant stating that the applicant
has read the information statement
published under section 25I; and
(ii) any other prescribed information;
20
and
(iii) the prescribed application fee.
25D. Further particulars
The Building Practitioners Board may ask an
applicant under section 25C to give it any
25
more information that it reasonably requires
to determine the application and may refuse
the application if the applicant does not
comply with the request within a reasonable
time.
30
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Building (Amendment) Act 2004
s. 8
Act No.
25E. Decision on application for certificate of
consent
(1) The Building Practitioners Board must issue
a certificate of consent for domestic building
Victorian Legislation Parliamentary Documents
work if it is satisfied that--
5
(a) the applicant has complied with
sections 25C and 25D; and
(b) the applicant is the owner of the land on
which the domestic building work is to
be carried out or the application is
10
authorised under section 25F; and
(c) the application relates to the carrying
out of domestic building work in
relation to, or ancillary to, a single
dwelling; and
15
(d) the applicant resides and will continue
to reside, or intends to reside, in the
dwelling; and
(e) the applicant has not been issued with a
building permit for the carrying out of
20
domestic building work by the
applicant as builder on land owned by
the applicant or a related body in the
previous 3 years other than in relation
to, or ancillary to, the dwelling on the
25
land to which the application relates;
and
(f) if the applicant co-owns the land to
which the application relates with
another person, a building permit has
30
not been issued to that person for the
carrying out of domestic building work
by that person as builder on land owned
by that person in the previous 3 years
other than in relation to, or ancillary to,
35
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Building (Amendment) Act 2004
s. 8
Act No.
the dwelling on the land to which the
application relates; and
(g) if the applicant was a co-owner of land
(other than the land to which the
Victorian Legislation Parliamentary Documents
application relates) with another person
5
in the previous 3 years, a building
permit has not been issued to that
person for the carrying out of domestic
building work by that person as builder
on that land in that 3 year period; and
10
(h) the applicant is not in the business of
building.
(2) In sub-section (1) a reference to a period of
3 years does not include any period before
the commencement of section 8 of the
15
Building (Amendment) Act 2004.
(3) Subject to sub-section (4), the Board must
refuse to issue a certificate of consent if the
requirements of sub-section (1) are not met.
(4) The Board may exempt an applicant from
20
the requirement in sub-section (1)(e), (1)(f)
or (1)(g) if the Board determines that special
circumstances exist.
(5) For the purposes of sub-section (4), the
Board may determine that special
25
circumstances exist if it is satisfied that--
(a) the application arises from a substantial
change in the circumstances of the
applicant; or
(b) the applicant would suffer hardship if
30
the application were refused.
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Building (Amendment) Act 2004
s. 8
Act No.
(6) In this section "related body" means a body
corporate of which the applicant is a director
or the trustees of a trust of which the
applicant is a beneficiary.
Victorian Legislation Parliamentary Documents
25F. Applications in relation to land owned by
5
related bodies
(1) An applicant for a certificate of consent in
respect of domestic building work is not
required to be the owner of the land on
which the work is to be carried out if--
10
(a) the land is owned by a body corporate;
and
(b) the applicant is a director of the body
corporate; and
(c) the body corporate has in writing
15
authorised the applicant to make the
application and to carry out the work.
(2) An applicant for a certificate of consent in
respect of domestic building work is not
required to be the owner of the land on
20
which the work is to be carried out if--
(a) the land is the subject of a trust; and
(b) the applicant is a beneficiary of the
trust; and
(c) the trustees of the trust have each in
25
writing authorised the applicant to
make the application and to carry out
the work.
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Building (Amendment) Act 2004
s. 8
Act No.
25G. Certificate of consent
A certificate of consent issued under this
Division--
Victorian Legislation Parliamentary Documents
(a) must contain the prescribed
information; and
5
(b) expires 3 years after the date of issue.
25H. Register of certificates
(1) The Registrar of the Building Practitioners
Board must keep a register of certificates of
consent issued under this Division.
10
(2) The register must be kept in accordance with
the regulations.
25I. Building Commission to publish
information statement
(1) The Commission, after consulting with the
15
Director of Consumer Affairs Victoria, may
publish an information statement setting out
information in relation to this Act, the
building regulations, the Domestic Building
Contracts Act 1995 and the regulations
20
under that Act that the Commission
considers appropriate to provide to
applicants for certificates of consent.
(2) The Commission, after consulting with the
Director of Consumer Affairs Victoria, may
25
publish a statement amending or replacing a
statement published under sub-section (1).
(3) The information statement and any amending
or replacement statement must be published
in the Government Gazette.'.
30
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Building (Amendment) Act 2004
s. 9
Act No.
9. Documents to include prescribed information
(1) For section 84(2) of the Building Act 1993
substitute--
Victorian Legislation Parliamentary Documents
"(2) The notice must include--
(a) prescribed details of the proposed
5
building work as at the date of the
notice; and
(b) prescribed details of the proposed
protection work setting out the nature,
location, time and duration of the
10
protection work; and
(c) any other prescribed information.".
(2) In section 85(1) of the Building Act 1993 omit
"in the prescribed form" (where twice occurring).
(3) After section 85(2) of the Building Act 1993
15
insert--
"(3) A notice given under this section must
contain the prescribed information.".
(4) For clause 1(a) of Schedule 2 to the Building Act
1993 substitute--
20
"(a) contain the prescribed information; and".
10. Appeals against decisions of Building Practitioners
Board
After section 143(1) of the Building Act 1993
insert--
25
"(1A) A person to whom a decision of the Building
Practitioners Board under Division 3A of
Part 3 applies may appeal to the Building
Appeals Board against--
(a) a decision of the Building Practitioners
30
Board under that Division; or
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Building (Amendment) Act 2004
s. 11
Act No.
(b) a failure of the Building Practitioners
Board, within a reasonable time, to
make a decision under that Division.".
11. Offence to carry out certain domestic building work
Victorian Legislation Parliamentary Documents
if unregistered
5
For section 176(2A) of the Building Act 1993
substitute--
"(2A) A builder must not carry out domestic
building work under a major domestic
building contract unless the builder is
10
registered under this Part in the appropriate
class of domestic builder.
Penalty: 100 penalty units.".
12. Additional function of Building Practitioners Board
After section 183(2)(c) of the Building Act 1993
15
insert--
"(ca) to issue certificates of consent;".
13. Delegation of functions of the Building Practitioners
Board
In section 186A(2) of the Building Act 1993, for
20
"section" substitute "sections 25D, 25E(1),
25E(3) and".
14. Power to amend or revoke plumbing insurance
orders
For section 221ZQ(4) of the Building Act 1993
25
substitute--
"(4) The Minister may, by order published in the
Government Gazette, amend or revoke an
order made under sub-section (1).".
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Building (Amendment) Act 2004
s. 15
Act No.
15. Regulation-making powers in relation to plumbing
work
In section 221ZZZV(1)(a) of the Building Act
1993, after "performance," insert "energy
Victorian Legislation Parliamentary Documents
efficiency, water efficiency, environmental
5
efficiency,".
16. Insertion of new Division 1B of Part 13
After Division 1A of Part 13 of the Building Act
1993 insert--
"Division 1B--Inspections of Safety and
10
Emergency Equipment
227E. Powers of inspection of chief officer and
municipal building surveyor
(1) The chief officer and the municipal building
surveyor may either jointly or separately
15
inspect--
(a) any safety or emergency installations,
equipment or services in a building or
place of public entertainment to
determine whether they are performing
20
and being maintained in accordance
with the building regulations or any
relevant occupancy permit; or
(b) any records or reports relating to the
operation and maintenance of any
25
safety or emergency installations,
equipment or services in a building or
place of public entertainment to
determine whether they are being kept
or displayed in accordance with the
30
building regulations or any relevant
occupancy permit.
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Building (Amendment) Act 2004
s. 17
Act No.
(2) The chief officer must provide the municipal
building surveyor with a report of an
inspection by the chief officer under sub-
section (1) within 5 business days of that
Victorian Legislation Parliamentary Documents
inspection.
5
(3) The municipal building surveyor must ensure
that the owner of a building or place of
public entertainment that has been inspected
in accordance with sub-section (1) is
provided, within 10 business days of that
10
inspection, with an inspection report signed
by the municipal building surveyor.".
17. Production of identity card by authorised persons
For section 228(5) of the Building Act 1993
substitute--
15
"(5) An authorised person to whom an identity
card has been issued must produce that card
for inspection--
(a) before exercising a power under this
Act or the regulations; and
20
(b) at any time during the exercise of a
power under this Act or the regulations
if asked to do so.
Penalty: 1 penalty unit.".
18. Substitution of new section 229
25
For section 229 of the Building Act 1993
substitute--
"229. Power of entry--inspections of buildings,
places of public entertainment etc.
(1) Subject to sub-section (2), an authorised
30
person may enter any building or land for the
purpose of carrying out any inspection,
authorised or required by this Act or the
regulations, of--
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Building (Amendment) Act 2004
s. 19
Act No.
(a) the building; or
(b) a place of public entertainment; or
(c) any equipment, installation, service,
Victorian Legislation Parliamentary Documents
records or reports relating to the
building or to the place of public
5
entertainment; or
(d) building work or plumbing work.
(2) An entry under sub-section (1) may be
carried out--
(a) in the case of a residence or the land on
10
which a residence is situated, only
between the hours of 8 a.m. and 6 p.m.;
and
(b) in any other case, at any reasonable
time.".
15
19. Insertion of additional regulation-making powers
(1) In section 261(1) of the Building Act 1993--
(a) after paragraph (b) insert--
"(ba) certificates of consent including a
requirement that any matter in an
20
application for a certificate be verified
by statutory declaration;";
(b) in paragraphs (c) and (d), after "permits,"
insert "certificates of consent,";
(c) after paragraph (j) insert--
25
"(ja) the information to be included in, or to
accompany, any notice or application
required under this Act or the
regulations;";
(d) in paragraph (la), for "fees" substitute
30
"maximum fees".
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Building (Amendment) Act 2004
s. 20
Act No.
(2) In section 262(f) of the Building Act 1993, for
"10 penalty units" substitute "20 penalty units".
20. Reporting authority fees
Victorian Legislation Parliamentary Documents
(1) In clause 1(e) of Schedule 2 to the Building Act
1993 for "the relevant prescribed fees (if any)"
5
substitute "the relevant fees (if any) fixed by the
reporting authority under clause 4".
(2) After clause 4(3) of Schedule 2 to the Building
Act 1993 insert--
10 "(4) A reporting authority may fix fees (not exceeding the
maximum fees prescribed for the purposes of this
clause) for applications or classes of applications
referred to it under this Act or the regulations.
(5) If the reporting authority is a council, the fees must be
15 determined in accordance with the Local
Government Act 1989.
(6) A reporting authority other than a council must
publish a notice in the Government Gazette of any
fees fixed by it under this clause.".
(3) In clause 5(1A) of Schedule 2 to the Building Act
20
1993 for "the relevant prescribed fee (if any)"
substitute "the relevant fees (if any) fixed by the
reporting authority under clause 4".
21. Consequential amendment
In section 34(1) of the Architects (Amendment)
25
Act 2004 for "paragraph (i) is repealed"
substitute 'in paragraph (i) omit "except in Part 9
and sections 24(3) and 176(6)" '.
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Building (Amendment) Act 2004
Endnotes
Act No.
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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