Victorian Consolidated Legislation

Building Act 1993 - SECT 29

Subdivision

29. Subdivision



(1) Despite anything to the contrary in this Act or in any other Act or law,
the relevant building surveyor may refuse to issue a building permit for the
construction of a building if-

   (a)  the owner from time to time of the land could dispose of part of that
        land without proceeding under the Subdivision Act 1988; and

   (b)  the relevant building surveyor is satisfied that if part of the land
        were disposed of before the council considered the matter, the
        building to be constructed would not comply with the provisions of the
        relevant planning scheme or of any regulation made under this Act or
        of any local law made under powers conferred by the regulations made
        under this Act with respect to-

   (i)  the dimensions or area of the land; or

   (ii) the proportion of the area of land on which buildings are to be
        constructed; or

   (iii) the provision of open space on the land.

(2) The relevant building surveyor must not, under subsection (1), refuse a
building permit for the construction of a building on the sole ground that the
owner may without notice to the council dispose of part of the land to the
Crown or to a public statutory body constituted under a law of the State or of
the Commonwealth.