BUILDING ACT 1993

Victorian Consolidated Legislation

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BUILDING ACT 1993

No. 126 of 1993
Version incorporating amendments as at 1 September 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Objectives of Act
5. Application to Crown and public authorities
6. Appointed days-building practitioners

PART 2-BUILDING STANDARDS

7. Building regulations
8. Local laws
9. Incorporation by reference
9A. Regulatory impact statement not required for certain
amendments
10. Application of new building regulations to building work
11. Effect of planning schemes
12. Revocation of other regulations relating to building
13. Effect on local laws
14. Accreditation of building products
15. Effect of accreditation
15A. Building regulations with respect to swimming pools and spas

PART 3-BUILDING PERMITS

Division 1-Building permit required

16. Building permit required

Division 2-Applications for building permits

17. Applications for building permits
18. Schedule 2 to apply
18A. Notice to VicUrban of application

Division 3-Decisions on building permits

19. Decision on application for building permit
20. Types of permit
21. Requirement for occupancy permit
22. Guarantees and bonds
23. Reporting authority to be notified of permit
24. Refusal of building permit
24A. Further limitations on issue of building permit
25. Reasons for refusal to be given
25A. Notice to building surveyor of changes
25B. Restrictions on owner-builder

Division 3A-Certificates of consent for owner-builders

25C. Application for owner-builder certificate of consent
25D. Further particulars
25E. Decision on application for certificate of consent
25F. Applications in relation to land owned by related bodies
25G. Certificate of consent
25H. Register of certificates
25I. Building Commission to publish information statement

Division 4-Special provisions

26. Prescribed places of public entertainment
27. Repealed
28. Historic buildings and special buildings
29. Subdivision
29A. Application for building permit for demolition
29B. Suspension of demolition permit pending amendment of planning scheme

Division 5-Register and records

30. Relevant building surveyor to give copies of permits and documents to council
31. Register of building permits
32. Keeping of records
32A. Council to notify VicUrban of issue of building permit

PART 4-INSPECTION OF BUILDING WORK

33. Notification during building work
34. Inspections at mandatory notification stages
35. Inspection of building work-general powers
36. Powers in relation to inspections
37. Directions as to work
38. Certificate of final inspection

PART 5-OCCUPATION OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT

Division 1-Occupancy permits (building work)

39. Occupancy permit must be obtained
40. Occupation must be in accordance with permit
41. Applications for occupancy permits
42. Schedule 2 to apply
43. Decision on application for occupancy permit
44. Refusal of occupancy permit
45. Form of occupancy permit
46. Effect of occupancy permit
47. Reporting authority to be notified of occupancy permit
48. Reasons for refusal to be given

Division 2-Occupancy permits (places of public entertainment)

49. Public entertainment not to be conducted at place without occupancy permit
50. Place not to be used for public entertainment without occupancy permit
51. Use of place of public entertainment must be in accordance with permit
52. Use of prescribed temporary structure must be in accordance with permit
53. Applications for occupancy permits
54. Schedule 2 to apply
55. Refusal of occupancy permit
56. Decision on application for occupancy permit
57. Prescribed temporary structures-special provisions
58. Effect of occupancy permit
59. Form of occupancy permit
60. Reporting authority to be notified of occupancy permit
61. Owner to notify others of occupancy permit
62. Reasons for refusal to be given
63. Inspection of places of public entertainment

Division 3-Temporary occupation of buildings

64. Temporary occupation of buildings
65. Who may apply for approval?
66. Form of application
67. Determination of applications
68. Form of approval
69. Reasons for refusal to be given

Division 4-Amendment and cancellation of permits and
approvals

70. Amendment of permit or approval
71. Cancellation of permit or approval if fraud or
misrepresentation
72. Cancellation of occupancy permit on other grounds

Division 5-Register and records

73. Relevant building surveyor to give copies of documents to council
74. Register of occupancy permits and temporary approvals
75. Keeping of records

PART 5A-REGISTRATION OF COOLING TOWER SYSTEMS

Division 1-Preliminary matters

75A. Meaning of cooling tower
75AB. Meaning of cooling tower system
75AC. When cooling tower system is in operation

Division 2-Requirement to register and registration process

75B. Cooling tower system must be registered
75BA-75BG Repealed
75C. Applications for registration or renewal of registration

Division 3-Repealed

75CA-75CE Repealed

Division 4-Repealed

75D. Repealed
75DA. Processing of applications
75DB. Multiple cooling tower systems on same land
75DC. Period of registration
75DCA. Owner of land may request synchronisation of registration period when applying for registration
75DCB. Owner of land with multiple systems may request variation to registration expiry date
75DD. Registration to continue pending renewal
75DE. Commission to be notified of change of ownership
75DF. Commission to be notified of other changes
75DG. Offence to provide false information
75DH. Cooling tower system register
75DI. Validation of previous registrations where application made out of time

PART 5B-RISK MANAGEMENT PLANS FOR COOLING TOWER SYSTEMS

Division 1-General requirements

75E. Meaning of risk management plan
75EA. Owner must ensure risk management plan prepared
75EB. Owner must ensure risk management plan reviewed
75EC. Owner must ensure service records kept
75ED. Plan and records must be kept on site

Division 2-Audit

75F. Risk management plan audit
75FA. Owner must ensure audit conducted
75FB. Audit certificate to be given

Division 3-Approved auditors

75G. Meaning of certifying body
75GA. Only approved auditors may conduct audits
75GB. Appointment of approved auditors
75GC. Auditor must comply with conditions of certification
75GD. Offence to impersonate approved auditor
75GE. Conflict of interest to be avoided
75GF. Revocation of approval to act as an auditor

Division 4-Regulations

75H. Regulations

PART 5C-ENFORCEMENT OF PARTS 5A AND 5B.

75J. Meaning of inspector
75JA. Identity cards
75JB. General powers of inspectors
75JC. Protection against self-incrimination
75JD. Disclosure of information
75JE. Improvement notice
75JF. Disclosure of information to other statutory bodies

PART 6-PRIVATE BUILDING SURVEYORS

76. Functions of private building surveyor
77. Additional functions
78. When may a private building surveyor be appointed?
79. Circumstances in which private building surveyor may not act
80. Private building surveyor to notify council
81. Termination of appointment
82. Directions of Commission
83. Effect of transfer of functions

PART 7-PROTECTION OF ADJOINING PROPERTY

84. Notice of building work to be given
85. Adjoining owner must respond to notice
86. Effect of agreement
87. Effect of disagreement or request for further information
88. Work not to be carried out until protection requirements met
89. Emergency procedures
90. Absent or incapable owners
91. Appointment of agent for adjoining owner
92. Adjoining owner may inspect plans
93. Owner to arrange insurance cover
94. Survey of adjoining property
95. Entry on adjoining property
96. Adjoining owner and adjoining occupier not to obstruct owner
97. Expenses of adjoining owner
98. Compensation
99. Liability not affected
100. Saving for easements
101. Lodgment of plans after completion of protection work

PART 8-ENFORCEMENT OF SAFETY AND BUILDING STANDARDS

Division 1-Emergencies

102. Emergency orders
103. Contents of emergency orders
104. Duration of order
105. Cancellation of emergency order

Division 2-Building notices and building orders

106. Building notices
107. Actions by private building surveyors
108. Contents and form of building notice
109. Representations by owner
110. Cancellation of building notice
111. Building orders-general
112. Building orders to stop building work
113. Building orders-minor work
114. Form and service of building order
115. Failure to comply with order by private building surveyor
116. Amendment or cancellation of certain building orders
117. Duration of order

Division 3-General

118. Contravention of emergency order or building order
119. Building permit not required
120. Completion of work required by emergency order or building order
121. Work may be carried out by municipal building surveyor
122. Minister may authorise action where immediate danger
123. Recovery of costs
124. Police assistance
125. Relevant building surveyor to notify council
126. Register of orders

PART 9-LIABILITY

Division 1-Immunity

127. Immunity for Commissioner and staff of Commission and members of and persons employed, appointed or engaged by public authority
128. Immunity for building surveyor relying on certificate

Division 2-Limitation of actions

129. Definitions
130. Division not to affect certain matters
131-133. Repealed
134. Limitation on time when building action may be brought
134A. Limitation on time when plumbing action may be brought

Division 3-Insurance

135. Order requiring insurance
136. Offence to work as building practitioner without required insurance
137. Offence to claim to be insured when uninsured
137AA. Insurance for domestic building work to be provided by designated insurers
137A. Insurance for domestic building work
137B. Offence for owner-builder to sell building without report or insurance
137C. Warranties for purposes of homes under section 137B.
137D. Insurance requirements for the purposes of homes under section 137B.
137E. Insurance requirements for home sold before completion

PART 10-THE BUILDING APPEALS BOARD AND ITS JURISDICTION

Division 1-Rights of appeal

138. Building and occupancy permits
139. Temporary occupation of buildings
140. Private building surveyors
141. Protection work
142. Building notices and orders
143. Appeals against decisions of Building Practitioners Board
144. Appeals-Building regulations
144A. Appeals-Building and Construction Industry Security of Payment Act 2002.

Division 2-Appeals

145. Division additional to other powers
146. Effect of decisions under appeal
147. Fast track appeals
148. Nature of an appeal
149. What action can be taken on appeal?

Division 3-Disputes

150. Disputes about inspections
151. Emergency protection work
152. Insurance
153. Surveys of adjoining property
154. Cost of supervising protection work
155. Other disputes between owners and adjoining owners
156. Disputes about the building permit levy
157. Application and effect of building regulations
158. Party walls

Division 4-Other proceedings

159. Compensation-protection work
160. Modification of building regulations
160A. Application for determination in respect of building
design

Division 5-Powers concerning disputes and other proceedings

161. General powers
162. Special powers-modification of regulations
163. Agreements
164. Termination and variation of agreements
165. Lodging and recording of agreements

Division 6-The Building Appeals Board

166. Establishment and membership of Building Appeals Board
167. Repealed
168. Register

PART 11-REGISTRATION OF BUILDING PRACTITIONERS

Division 1-Registration

169. Application for registration
170. Registration
171. Period of registration
172. Building practitioner's certificate
172A. Change to prescribed information
173. The Register
174. Suspension where insurance ceases
174A. Suspension of registration where failure to comply with insurer's direction
175. Consequences of suspension of registration
176. Offences

Division 2-Inquiries

177. Preliminary assessment
178. Inquiries
179. Inquiry into conduct
179A. Inquiries into conduct of building practitioners who are
no longer registered
179B. Conduct of company or partnership to be conduct of
building practitioner director or partner
180. Inquiry into ability to practise
180A. Complaints concerning builders etc. are privileged
181. Costs
182. Decisions

Division 3-The Building Practitioners Board

183. Establishment and functions of Board
184. Membership of the Board
185. Co-opted members
186. Sub-committees
186A. Delegation
187. Membership and procedure-general

PART 12-BUILDING ADMINISTRATION

Division 1-Role of Minister

188. Guidelines
188A. Decision guidelines on design and siting of single
dwellings
189. Delegation
190. Minister may require Commission to act as building surveyor
191. Administration and enforcement outside municipal district
192. Alpine resorts

Division 2-The Building Commission, the Building Administration Fund and the building permit levy

193. Establishment of the Commission
194. Constitution of the Commission
195. Accountability of the Commission
196. Functions of the Building Commission
196AA. Powers of the Commission
196A. Commission may provide information to the Director of Consumer Affairs Victoria
197. Delegation
198. Supervision of building surveyors
199. Special powers of the Commission as building surveyor
200. Building Administration Fund
201. Building permit levy
202-204. Repealed
205. Staff and other appointed persons

Division 3-The Building Advisory Council

206. Establishment of Council
207. Membership and procedure
208. Function of the Council

Division 4-The Building Regulations Advisory Committee

209. Establishment of Committee
210. Membership and procedure
211. Functions of Committee

Division 5-Role of councils

212. Council to administer building provisions in its municipal
district
213. Appointment of municipal building surveyor
214. Agreements with other councils or the Commission
215. Agreement with private building surveyor
216. Council to charge commercial rates for work outside
municipal district
216A. Exemption from functions in relation to certain permits
216B. Delegation by municipal building surveyor
216C. Role of municipal building surveyor outside municipal district

Division 6-The Crown and public authorities

217. Application of Act to the Crown and public authorities
218. Repealed
219. Municipal building surveyor not required to inspect building work
220. Guidelines for Crown and public authority buildings
221. Authorised building surveyor

PART 12A-PLUMBING WORK

Division 1-Preliminary matters

221A. Purpose of this Part
221B. Definitions applying to this Part
221C. Meaning of plumbing work

Division 2-Restrictions concerning the carrying out of plumbing work

221D. Plumbing work only to be carried out by licensed or registered plumbers
221E. Restrictions concerning work for which compliance certificate required
221F. Restriction concerning specialised plumbing work
221FA. Plumbing work must comply with this Part and
regulations
221G. Obligations on licensed plumbers concerning their agents
221H. People involved in a plumbing business need not be licensed or registered
221I. Person must not use the title "plumber" or "plumbing practitioner" unless licensed or registered
221J. Person must not use the title "drainer" unless licensed or registered
221K. Person must not use the title "gasfitter" unless licensed or registered
221L. Exceptions to sections 221I-221K.

Division 3-The licensing and registration of plumbers

221M. Licensing as a plumber
221N. Endorsement to carry out specialised plumbing work
221O. Registration as a plumber
221OA. Endorsement to carry out specialised plumbing work-registered plumbers
221P. Provisional registration
221Q. Restricted licences
221R. Restricted registration
221S. Commission may refuse to license or register convicted people etc.
221T. Application for licensing or registration as a plumber
221U. Commission may require further information
221V. Offence to give false information
221W. Temporary licence or registration
221X. Commission may impose conditions on licensing or registering a person
221Y. Duplicate licences and registration documents
221Z. How long licensing and registration last
221ZA. Plumbers must notify Commission of changes of
address etc.
221ZB. Application for renewal of licence or registration as a plumber
221ZC. Commission may require further information
221ZD. Renewal of licence or registration
221ZE. Commission may permit late renewals
221ZF. Information to be given to unsuccessful applicants
221ZFA. Licence and registration document to be returned to
Registrar
221ZFB. Licensed plumber to produce licence for inspection
221ZFC. Registered plumber to produce registration document for inspection

Division 4-Compliance certificates

221ZG. This Division does not apply to complex gasfitting work
221ZH. Compliance certificate must be given for most plumbing
work
221ZI. Details that must appear on a compliance certificate
221ZJ. Details on certificates must be accurate
221ZK. Only licensed plumbers may sign certificates
221ZKA. Issue of certificates by the Commission
221ZL. Meaning of the total value of plumbing work
221ZLA. Building practitioner must transfer compliance certificate to owner
221ZLB. Other people must also transfer compliance certificate to owner
221ZM. Copies of certificates must be kept for 10 years
221ZN. Provisions concerning the supply of certificate forms
221ZO. Further obligation for compliance certificates for sanitary drains

Division 5-Provisions applying to particular plumbing work

221ZP. Sanitary drainage and other work must be made available for inspection before being covered
221ZPA. Information to be provided before work starts

Division 6-Insurance orders

221ZQ. Order requiring insurance
221ZR. Offence to work as plumber without required insurance
221ZS. Offence to claim to be insured when uninsured
221ZT. Further provisions concerning required insurance
221ZU. Suspension of licence if insurance ceases
221ZV. Suspension of licence where failure to comply with insurer's direction

Division 7-Rectification of defective plumbing work

221ZW. Inspector or auditor may require plumber to rectify faulty work
221ZX. Right to apply to VCAT to have a rectification notice cancelled
221ZY. Plumbing notice to owner/occupier to rectify defective plumbing work
221ZZ. Owner/occupier may dispute a plumbing notice
221ZZA. Inspector may cancel plumbing notice
221ZZB. Plumbing order to rectify defective plumbing work
221ZZC. Owner/occupier must comply with plumbing order
221ZZD. Inspector may cancel plumbing order
221ZZE. Right to apply to the VCAT to have a plumbing order cancelled
221ZZF. Emergency plumbing order to rectify dangerous plumbing work
221ZZG. Offence to not comply with emergency plumbing order
221ZZH. Inspector may cancel emergency plumbing order
221ZZI. Plumbing notices and orders to be last resort
221ZZJ. Owner/occupier must report the completion of required
work
221ZZK. Work may be carried out by plumbing inspector/
Commission
221ZZL. Police assistance

Division 8-Interpretation and modification of plumbing
regulations

221ZZM. Meaning of plumbing regulations
221ZZN. Commission may resolve disputes concerning the interpretation of plumbing regulations
221ZZO. Modification of plumbing regulations
221ZZP. Matters Commission must consider before making a modification declaration
221ZZQ. Procedure applying to hearings under this Part

Division 9-Plumbing Industry Commission

221ZZR. Establishment of the Commission
221ZZS. The Commission is a body corporate
221ZZT. Constitution
221ZZU. Accountability
221ZZV. Functions of the Plumbing Industry Commission
221ZZVA.Gas Safety Minister may direct the Commission
221ZZW. Powers
221ZZX. Staff

Division 9A-The Plumbing Industry Advisory Council

221ZZXA.Establishment of Council
221ZZXB.Constitution
221ZZXC.Functions
221ZZXD.Conditions of appointment and procedures

Division 10-Enforcement

221ZZY. Enforcement staff
221ZZZ. Functions of compliance auditors
221ZZZA.Powers of compliance auditors
221ZZZB.Plumber must give information to compliance
auditor
221ZZZBA.Inspector may require plumber to attend inspection
221ZZZC.Additional powers of plumbing inspectors
221ZZZD.Compulsory inspections

Division 10A-Plumbing infringements

221ZZZDA.Definitions
221ZZZE.Plumbing infringement notices
221ZZZEA.Additional steps required by infringement notice
221ZZZEB.Proceedings where plumbing infringement notice requiring additional steps is served

Division 11-Inquiries and disciplinary action

221ZZZF.Inquiry by Commission
221ZZZG.Grounds on which disciplinary action may be taken
221ZZZH.Procedure concerning inquiries
221ZZZI.How inquiry to be conducted
221ZZZJ.Disciplinary powers of the Commission
221ZZZK.Presumption of suspension for repeated offences concerning compliance notices
221ZZZL.Commission may revoke cancellation or suspension
221ZZZM.Commission may compensate victims of
unsatisfactory plumbing work
221ZZZN.Procedural matters concerning Commission sub-committees conducting inquiry or taking disciplinary action
221ZZZO.Repealed

Division 12-Review of decisions

221ZZZP.Review by VCAT
221ZZZQ.Repealed

Division 13-Administrative matters

221ZZZR.Plumbing fund
221ZZZS.Commission may disclose cooling tower information
221ZZZT.Register of Plumbers
221ZZZU.Minister may specify work to be specialised plumbing work
221ZZZV.Regulations
221ZZZW.Incorporation by reference of Plumbing Code of Australia or other document by regulations

PART 13-GENERAL ENFORCEMENT PROVISIONS

Division 1-Powers of Minister in relation to councils

222. Order of Minister
223. Hearing of council
224. Effect of failure to comply with order
225. Powers of Minister and authorised persons
226. Minister may seek administrative order
227. Other powers not affected

Division 1A-Performance audits

227A. Performance auditors
227B. Functions of performance auditor
227C. Powers of performance auditors
227D. Building practitioner must give information to
performance auditor

Division 1B-Inspections of safety and emergency equipment

227E. Powers of inspection of chief officer and municipal building surveyor

Division 2-Powers of entry

228. Authorised persons
229. Power of entry-inspections of buildings, places of public entertainment etc.
230. Notice of entry
231. Powers of entry-enforcement
231A. Occupier to be given copy of consent
231B. Search warrant
231C. Announcement before entry
231D. Copy of warrant to be given to occupier
231E. Powers of authorised persons on entry
231F. Powers of authorised person to require information or documents
231G. Copy of documents
231H. Protection against self-incrimination
232. Entry in emergency
233. Police to assist authorised persons
234. Impersonation of authorised person
234A. Confidentiality

Division 3-Evidence and notices

235. Evidence of ownership or occupation
236. Service of documents-generally
237. Service on Boards
238. Building surveyor may rely on certificate by other registered building practitioner
239. Certificate of Registrar
240. Appointment of agents

Division 4-Offences and penalties

241. Proceedings for offences
241A. Additional penalties for unregistered builders carrying out domestic building work
241B. Report of inspector is evidence
242. Application of penalties
243. Offences by bodies corporate
244. Offence to obstruct
245. Offences by or relating to registered building practitioners
246. Offence to make false or misleading statement
247. Offence relating to disclosure of pecuniary interest
248. Offence for agent to act without authority
249. Repealed
250. Right of owner to carry out required work on occupied building or land
251. Occupier or registered mortgagee may carry out work
252. Vacation of building or land
253. Additional orders that may be made by the court

Division 5-Building infringements

254. Definitions
255. Building infringements
256. Additional steps
257, 258 Repealed
259. Proceedings where building infringement notice requiring additional steps is served

PART 14-GENERAL

259A. Improper use of information
260. Supreme Court-limitation of jurisdiction
261. General regulation-making powers
262. Additional powers
263. Transitional provisions
264. Transitional provisions relating to the Building (Plumbing) Act 1998.
265. Transitional-Effect of change to Commission's name
266. Transitional-Effect of change of membership
267. Transitional-proportionate liability
268. Transitional-Effect of change of membership
269. Transitional-owner-builders
270. Transitional-building surveyors
__________________
SCHEDULE 1-Building Regulations

PART 1-REGULATION-MAKING POWERS

PART 2-Repealed
SCHEDULE 2-Procedures for Building Permits and Occupancy Permits
1. Form of application
2. Building surveyor may request more information
3. Application may be refused if information not provided
4. Reporting authorities must be consulted
4A. Reporting authority must have regard to section 188A
guidelines in some cases
5. Applicant may obtain report or consent
6. What if a reporting authority (other than a council or council officer) fails to supply a report or consent?
6A. What if the reporting authority is the responsible authority
under the Planning and Environment Act 1987?
7. Relevant building surveyor must consider report
SCHEDULE 3-Membership and Procedure of Boards

PART 1-MEMBERSHIP
1. Term of Appointment
2. Remuneration and allowances
3. Vacancies
4. Application of Public Administration Act 2004.
5. Acting members
6. Pecuniary interests
7. Membership of Board not office or place of profit

PART 2-GENERAL PROCEDURE
8. Building Appeals Board may sit in panels
9. Decisions not affected by certain matters
10. Meetings
11. Authentication of documents

PART 3-PROCEEDINGS BEFORE THE BUILDING
APPEALS BOARD
12. Additional powers of Board
13. How to commence a proceeding
14. Parties to a proceeding
15. Conducting a proceeding
16. Determinations and reasons
17. Costs
18. Correction of errors
19. Enforcement of determination
SCHEDULE 4-Transitional Provisions
1. Definitions
2. General transitional provisions
3. Superseded references
4. Former bodies
5. Former officers
6. Actions commenced by Director of Building Control
7. Directions about enforcement of old Act
8. Building approvals
9. Requirements before a building can be constructed
10. Continued immunities
11. Repealed
12. Certificates of occupancy
13. Instruments and other matters under the building regulations
14. Building actions
15. Health (Public Buildings) Regulations
16. Building referees-proceedings
17. Agreements required by determinations
18. Accreditation
19. Building surveyors and inspectors
20. Proceedings-Building Control Qualification Board
21. Offences by unregistered people-exemptions
22. Fire protection
23. Arbitration
24. Temporary public buildings
25. Delegations
26. Re-enacted provisions
27. Saving Provision
SCHEDULE 5-Infringement Offences
SCHEDULE 6-Transitional Provisions Relating to the Building (Plumbing) Act 1998.
1. Plumbing Industry Commission is the successor of the
Plumbing Industry Board
2. First Plumbing Industry Commissioner
3. Transitional provision for refrigeration mechanics
4. Building Advisory Council
---------------
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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