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BUILDING ACT 1993


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Objectives of Act  
   5.      Application to Crown and public authorities  

   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[3]  
   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

   16.     Offences relating to carrying out building work  
   16B.    Indictable offences relating to carrying out building work  
   17.     Applications for building permits  
   18.     Schedule 2 to apply  
   18A.    Notice to Development Victoria of application  
   18B.    Notice to Commissioner of State Revenue of application  
   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  
   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  
   25J.    Review by VCAT  
   26.     Prescribed places of public entertainment  
   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  
   30.     Relevant building surveyor to give copies of permits and documents to council  
   30A.    Authority may approve checklist of documents to be certified  
   30B.    Relevant building surveyor must certify that documents given to council  
   31.     Register of building permits  
   32.     Keeping of records  
   32A.    Council to notify Development Victoria 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.     Definitions  
   37A.    Direction by relevant building surveyor to fix building work  
   37B.    Direction by authorised person to fix building work  
   37C.    Method of giving directions  
   37D.    Written direction if oral direction not complied with  
   37E.    Requirements of directions to fix building work  
   37F.    Written directions to fix building work  
   37G.    Extension of time to comply with direction  
   37H.    Offences relating to compliance with direction  
   37HA.   Operation of direction may be stayed  
   37I.    Direction may be revoked  
   37J.    Relevant building surveyor or authorised person must give copies of directions and other notices to owner  
   37K.    Notice to owner and Authority of non‑compliance with direction  
   38.     Certificate of final inspection  

   PART 5--OCCUPATION OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT

   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  
   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  
   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  
   70.     Amendment of permit or approval  
   71.     Cancellation of permit or approval if fraud or misrepresentation  
   72.     Cancellation of occupancy permit on other grounds  
   73.     Relevant building surveyor to give copies of documents to council  
   74.     Register of occupancy permits and temporary approvals  
   75.     Keeping of records  

   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 Authority  
   83.     Effect of transfer of functions  
   83A.    Definition  
   83B.    Appointment of manager  
   83C.    Who may be appointed as a manager?  
   83D.    Terms of appointment  
   83E.    Conditions on appointment of manager  
   83F.    Notice of appointment  
   83G.    Effect of service of notice of appointment  
   83H.    Powers of manager  
   83I.    Powers of entry etc.  
   83J.    Acts of manager taken to be acts of private building surveyor  
   83K.    Protection from liability  
   83L.    Payment of expenses of management  
   83M.    Business accounts  
   83N.    Records and accounts of business under management  
   83O.    Reports by manager  
   83P.    Deceased estates  
   83Q.    Termination of manager's appointment  
   83R.    Review of decision to appoint manager  
   83S.    Directions of VCAT  
   83T.    Confidentiality  
   83U.    Offence to obstruct manager  
   83V.    Owner may recover money paid to private building surveyor  

   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

   102.    Emergency orders  
   103.    Contents of emergency orders  
   104.    Duration of order  
   105.    Cancellation of emergency order  
   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  
   118.    Contravention of emergency order or building order  
   118A.   Building notices and building orders to be last resort  
   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

   127.    Immunity for Commissioners and staff  
   127A.   Immunity for members of public authorities and staff  
   128.    Immunity for building surveyor relying on certificate  
   129.    Definitions  
   130.    Division not to affect certain matters  
   134.    Limitation on time when building action may be brought  
   134A.   Limitation on time when plumbing action may be brought  
   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

   138.    Building and occupancy permits  
   138A.   Directions to fix building work  
   139.    Temporary occupation of buildings  
   140.    Private building surveyors  
   141.    Protection work  
   142.    Building notices and orders  
   144.    Appeals—Building regulations  
   144A.    Appeals—Building and Construction Industry Security of Payment Act 2002  
   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?  
   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  
   159.    Compensation—protection work  
   160.    Modification of building regulations  
   160A.   Application for determination in respect of building design  
   160B.   Application for modification of building regulations relating to access for persons with disabilities  
   161.    General powers  
   162.    Special powers—modification of regulations  
   163.    Agreements  
   164.    Termination and variation of agreements  
   165.    Lodging and recording of agreements  
   166.    Establishment and membership of Building Appeals Board  
   168.    Register  

   PART 11--REGISTRATION OF BUILDING PRACTITIONERS

   169.    Application for registration  
   169A.   Police record check on applicant  
   170.    Registration  
   170A.   Conditions on registration  
   171.    Period of registration  
   172.    Building practitioner's certificate  
   172AA.  Renewal of registration  
   172AAB. Suspension for non-payment of instalment renewal of registration fee  
   172AAC. Surrender of registration  
   172A.   Change to prescribed information  
   173.    The Register  
   175.    Consequences of suspension of registration  
   176.    Offences  
   177.    Authority may approve codes of conduct for building practitioners  
   177A.   Code of conduct prepared by Authority or industry  
   177B.   Code of conduct must be published  
   177C.   Commencement of code of conduct  
   177D.   Building practitioners must comply with approved code of conduct  
   178.    Meaning of disciplinary action  
   178A.   Division applies to suspended practitioners  
   179.    Grounds for disciplinary action  
   179A.   Conduct of body corporate or partnership to be conduct of building practitioner director or partner  
   180.    Grounds for immediate suspension  
   180A.   Immediate suspension of registration  
   180B.   Period of suspension  
   181.    Ability to practise  
   181A.   Revocation of suspension  
   182.    Show cause notice  
   182A.   Representations about show cause notice  
   182B.   Decision about whether to take disciplinary action  
   182C.   Ending show cause process without further action  
   182D.   Disciplinary or other action by Authority on giving of undertaking  
   182E.   Taking disciplinary action after show cause notice  
   183.    Notice of decisions  
   183A.   Building practitioner to give notice  
   183B.   Complaint privileged  
   183C.   Consequences of suspension of registration  
   183D.   Revocation of suspension  
   183E.   Authority may recover penalties  
   184.    Definitions  
   185.    Applying for internal review  
   185A.   Who may conduct an internal review?  
   185B.   Internal review  
   185C.   Review decisions  
   185D.   Notice of review decision  
   186.    Application for review by VCAT of reviewable decision  
   187.    Proceedings and decision  

   PART 12--BUILDING ADMINISTRATION

   188.    Guidelines  
   188A.   Decision guidelines on design and siting of single dwellings[7]  
   189.    Delegation  
   190.    Minister may require Authority to act as building surveyor  
   191.    Administration and enforcement outside municipal district  
   192.    Alpine resorts  
   193.    Establishment of Authority  
   194.    Authority is a body corporate  
   195.    Authority accountable to Minister  
   196.    Authority to comply with certain directions by gas safety Minister  
   197.    Functions of the Authority  
   198.    General powers of the Authority  
   199.    Delegation by the Authority  
   200.    Victorian Building Authority Board  
   201.    Appointment of Commissioners to VBA Board  
   202.    Application of Schedule 3  
   203.    Chief executive officer  
   204.    Authority staff  
   205.    Establishment and structure  
   205A.   Payments into Building account  
   205B.   Payments out of the Building account  
   205C.   Payments into the Plumbing account  
   205D.   Payments out of the Plumbing account  
   205E.   Authority may invest funds  
   205F.   Authority may engage agent in administering Victorian Building Authority Fund  
   205G.   Building permit levy must be paid  
   205H.   Building permit levy in building permit process  
   205I.   Determination and notification of levy  
   205J.   Other duties of relevant building surveyor  
   205K.   Authority may recover unpaid levy  
   205M.   Directions and recommendations in relation to building surveyors  
   205N.   Authority may act as municipal building surveyor—general  
   205O.   Effect of Authority acting as municipal building surveyor  
   205P.   Authority as relevant building surveyor for certain occupancy permits  
   205Q.   Building surveyor not to carry out function  
   205R.   Minister's guidelines apply to applications to Authority  
   206.    Establishment of Council  
   207.    Membership and procedure  
   208.    Function of the Council  
   209.    Establishment of Committee  
   210.    Membership and procedure  
   211.    Functions of Committee  
   211A.   Establishment of Council  
   211B.   Membership and procedure  
   211C.   Functions  
   212.    Council to administer building provisions in its municipal district  
   213.    Appointment of municipal building surveyor  
   214.    Agreements with councils or the Authority  
   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  
   217.    Application of Act to the Crown and public authorities  
   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

   221A.   Purpose of this Part  
   221B.   Definitions applying to this Part  
   221C.   Meaning 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  
   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.   Authority may refuse to license or register certain persons  
   221T.   Application for licensing or registration as a plumber  
   221U.   Authority may require further information  
   221V.   Offence to give false information  
   221VA.  Police record check on applicant  
   221W.   Temporary licence or registration  
   221X.   Authority may impose conditions on licensing or registering person  
   221Y.   Duplicate licences and registration documents  
   221Z.   How long licensing and registration last  
   221ZA.  Plumbers must notify Authority of change of contact details  
   221ZB.  Application for renewal of licence or registration as a plumber  
   221ZC.  Authority may require further information  
   221ZD.  Renewal of licence or registration  
   221ZE.  Authority 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  
   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 Authority  
   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  
   221ZP.  Sanitary drainage and other work must be made available for inspection before being covered  
   221ZPA. Information to be provided before work starts  
   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  
   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 Authority or plumbing inspector  
   221ZZL. Police assistance  
   221ZZM. Meaning of plumbing regulations  
   221ZZN. Authority may resolve disputes concerning interpretation of plumbing regulations  
   221ZZO. Modification of plumbing regulations  
   221ZZP. Matters Authority must consider before making a modification declaration  
   221ZZQ. Procedure applying to hearings under this Part  
   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  
   221ZZZDA.Definitions  
   221ZZZE.Plumbing infringement notices  
   221ZZZEA.Additional steps required by infringement notice  
   221ZZZEB.Proceedings where plumbing infringement notice requiring additional steps is served  
   221ZZZF.Inquiry by Authority  
   221ZZZG.Grounds on which disciplinary action may be taken  
   221ZZZH.Procedure concerning inquiries  
   221ZZZI.How inquiry to be conducted  
   221ZZZJ.Disciplinary powers of Authority  
   221ZZZK.Presumption of suspension for repeated offences concerning compliance notices  
   221ZZZL.Authority may revoke cancellation or suspension  
   221ZZZM.Authority may compensate persons suffering loss from unsatisfactory plumbing work  
   221ZZZN.Procedures of Authority sub-committee conducting inquiry or taking disciplinary action  
   221ZZZP.Review by VCAT  
   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

   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  
   227AA.  Definition of owner-builder  
   227A.   Performance auditors  
   227B.   Functions of performance auditor  
   227C.   Powers of performance auditors  
   227D.   Building practitioner must give information to performance auditor  
   227E.   Powers of inspection of chief officer and municipal building surveyor  
   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  
   234B.   Undertakings  
   234C.   Copy of undertaking  
   234D.   Register of undertakings  
   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  
   239A.   No proof required  
   240.    Appointment of agents  
   241.    Proceedings for offences  
   241A.   Additional penalties for unregistered builders carrying out domestic building work  
   242.    Application of penalties  
   242A.   Offences by partners  
   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  
   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  
   254.    Definitions  
   255.    Building infringements  
   256.    Additional steps  
   259.    Proceedings where building infringement notice requiring additional steps is served  

   PART 14--GENERAL

   259A.   Improper use of information  
   259B.   Authority may provide information to the Director of Consumer Affairs Victoria  
   259BA.  Certificate evidence—decisions of Authority and predecessor bodies  
   259BB.  Certificate of Authority  
   259C.   Authority may disclose cooling tower 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  
   267.    Transitional—proportionate liability  
   269.    Transitional—owner-builders  
   270.    Transitional—building surveyors  
   271.    Transitionals—Building Amendment Act 2012  
   272.    Transitional and savings provisions—Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013  
   272A.   Schedule 9—House Contracts Guarantee Repeal Act 2016  
   273.    Transitional and savings provisions—Building Legislation Amendment (Consumer Protection) Act 2016  
   274.    Transitional and savings provisions relating to the Building Amendment (Enforcement and Other Measures) Act 2017  
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