BUILDING REGULATIONS 2006

Victorian Consolidated Regulations

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BUILDING REGULATIONS 2006

S.R. No. 68/2006
Version incorporating amendments as at 1 September 2009

TABLE OF PROVISIONS

Regulation Page

PART 1-PRELIMINARY

Division 1-Introduction

101. Objectives
102. Authorising provisions
103. Commencement
104. Revocation
105. Definitions
106. Use of BCA terms
107. Numerical values
108. Use of buildings

Division 2-Building Code of Australia

109. Building Code of Australia
110. Accreditation authority
111. Certificates under the BCA
112. Classification of buildings
113. Fire performance requirements-alternative solutions
114. Bushfire construction requirements

PART 2-OWNER BUILDERS

201. Information to be contained in application for certificate of consent
202. Application fee for certificate of consent
203. Information to be contained in certificate of consent
204. Register of certificates of consent

PART 3-BUILDING PERMITS

Division 1-Applications

301. Applications for building permits
302. Application for permit to construct building
303. Application for permit to alter an existing building
304. Application for permit to demolish or remove building
305. Additional information to accompany application for permit to construct or alter
306. Exemption for stage of building work
307. Time limits-applications for building permits

Division 2-Reporting authorities

308. Prescribed reporting authorities and prescribed matters
309. Requirements for permits involving fire safety matters
309A. Requirements for permits involving bushfire safety matters
310. Report and consent for building over easements
311. Report concerning need for electricity sub-stations
312. Maximum fees for report and consent

Division 3-Building permits

313. Issue of building permit
314. Building surveyor to provide copy of permit
315. Commencement and completion of work
316. Applicant to make documents, permit available
317. Provision and display of permit information
318. Owner to notify change of owner or builder

Division 4-Duties of building surveyor

319. Documents to be given to council
320. Lodgement fees
321. Building permit levies
322. Permit details
323. Guarantees and bonds

Division 5-Duties of council

324. Period that documents must be kept
325. Council to make documents available
326. Requests for information
327. Fees for requests for information

PART 4-SITING

Division 1-Introduction

401. Application
402. Definitions
403. References to planning schemes
404. What is an existing building?
405. What is a single dwelling?
406. Exception concerning approved building envelopes

Division 2-Single Class 1 buildings and associated Class 10
buildings

407. Application of Division
408. Maximum street setback
409. Minimum street setbacks
410. Building height
411. Site coverage
412. Permeability
413. Car parking
414. Side and rear setbacks
415. Walls on boundaries
416. Daylight to existing habitable room windows
417. Solar access to existing north-facing windows
418. Overshadowing of recreational private open space
419. Overlooking
420. Daylight to habitable room windows
421. Private open space

Division 3-Siting of Class 10a buildings

422. Siting of Class 10a buildings

Division 4-Class 10b buildings

423. Application of Division
424. Front fence height
425. Fence setbacks from side and rear boundaries
426. Fences on or within 150mm of side or rear boundaries
427. Fences on street alignments
428. Fences and daylight to windows in existing dwelling
429. Fences and solar access to existing north-facing habitable room windows
430. Fences and overshadowing of recreational private open space
431. Masts, poles etc.

PART 5-ALLOTMENTS AND PROJECTIONS

Division 1-Allotments

501. Application
502. Combined allotments
503. Subdivision of existing buildings

Division 2-Projections

504. Projections beyond the street alignment
505. Architectural features
506. Windows and balconies
507. Verandahs
508. Sunblinds and awnings
509. Service pipes and rainwater heads
510. Window shutters
511. Signs
512. Service cabinet doors
513. Report and consent required
514. Footings adjoining boundaries are permissible

Division 3-Buildings above or below certain public facilities

515. Buildings above or below certain public facilities

PART 6-BUILDING WORK

Division 1-General provisions

601. Testing of materials
602. Protection of adjoining property
603. Exceptions to carrying out protection work
604. Protection of the public
605. Excavations
606. Retaining walls
607. Demolition
608. Alterations to buildings
609. Alterations affecting exits and paths to exits
610. Storm water drainage

Division 2-Special provisions

611. Extension of non-complying external wall
612. Record of pile-driving
613. Branding of timber

PART 7-BUILDING WORK-SAFETY REQUIREMENTS

Division 1-Existing swimming pools and spas

701. Definition of owner
702. Application of this Division
703. Requirement for barriers
704. Requirements for doors or gates
705. Requirements for windows in walls used as barriers

Division 2-Fire safety in certain existing residential buildings

706. Definition of owner
707. Self contained smoke alarms
708. Residential care buildings-automatic fire sprinkler systems
709. Hard-wired smoke alarms or detection system
710. Shared accommodation buildings-automatic sprinkler
systems

PART 8-BUILDING WORK IN SPECIAL AREAS

801. Septic tank systems
802. Flood areas
803. Termite risk areas
804. Revoked
805. Alpine areas
806. Designated land or works
807. Designated special areas-mapping
808. Water supply for fire fighting purposes
809. Access for emergency vehicles

PART 9-INSPECTIONS NOTICES AND ORDERS

901. Mandatory notification stages for inspection
902. Availability and keeping of directions
903. Emergency orders
904. Building notice
905. Building orders
906. Amendment or cancellation of a building order

PART 10-OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION

1001. Application of Part
1002. Application for occupancy permit
1003. Reporting authorities for occupancy permit
1004. Time limits
1005. Form of occupancy permit
1006. Form of certificate of final inspection
1007. Display of occupancy permit at approved location
1008. Approved location for display of permit
1009. Owner to make permit available for inspection
1010. Keeping of occupancy permit records
1011. Change of use
1012. Information to be supplied to council
1013. Documents to be given to council
1014. Prescribed time to give council other documents
1015. Building surveyor to notify chief officer of issue of certificates of final inspection

PART 11-PLACES OF PUBLIC ENTERTAINMENT

1101. Application
1102. Prescribed classes
1103. Occupancy permit applications for prescribed places of
public entertainment made to Commission
1104. Prescribed temporary structures
1105. Conditions of use
1106. Structural design of structures

PART 12-MAINTENANCE OF BUILDINGS AND PLACES
OF PUBLIC ENTERTAINMENT

Division 1-Maintenance of essential safety measures
Subdivision 1-Maintenance of essential safety measures in
buildings and places of public entertainment

1201. Application of this Subdivision
1202. Definitions
1203. Maintenance requirements for essential safety measures
when occupancy permit required
1204. Maintenance requirements of essential safety measures in
other circumstances
1205. Owner must comply with maintenance determination
1206. Building surveyor may create or update a maintenance schedule
1207. Maintenance schedule and maintenance determination to
be available for inspection
1208. Owner must prepare annual report
1209. Contents and form of annual report
1210. Annual reports may be combined
1211. Annual reports and records to be made available
Subdivision 2-Maintenance of essential safety measures in
buildings and places of public entertainment constructed before 1 July 1994.
1212. Application of Subdivision
1213. Definition of essential safety measure in this Subdivision
1214. Owner of building or place constructed before 1 July 1994 must prepare annual report
1215. Contents and form of annual report for building or place constructed before 1 July 1994.
1216. Annual reports and records to be made available by owners
of buildings constructed before 1 July 1994.
1217. Maintenance responsibility of owner of building or place constructed before 1 July 1994.
Subdivision 3-Maintenance of exits and paths of travel relating to buildings or places of public entertainment
1218. Maintenance of exits by occupiers of buildings or places
of public entertainment

Division 2-Swimming pool and spa maintenance and operation

1219. Application of this Division
1220. Swimming pool and spa maintenance and operation

PART 13-COOLING TOWER SYSTEMS

1301. Application to register or renew registration
1302. Registration and renewal fees
1303. Notification of alterations to cooling tower system
1304. Information to be included in the register

PART 14-BUILDING PRODUCT ACCREDITATION

Division 1-General

1401. Definitions
1402. Prescribed body to accredit products

Division 2-Accreditation by Committee

1403. Application of Division
1404. Application for accreditation
1405. Accreditation fees
1406. Certificate of accreditation
1407. Registration of accredited products
1408. Revocation of accreditation
1409. Records
1410. Information in application to remain confidential
1411. Offence to falsely claim product accredited

PART 15-BUILDING PRACTITIONERS

1501. Definition
1502. Professional standards
1503. Prescribed qualifications and classes
1504. Period for which private building surveyor may not act
1505. Certificates of compliance-proposed building work
1506. Certificates of compliance-building work
1507. Forms of certificates of compliance
1508. Duplicate certificate fee
1509. Prescribed information as to character of applicant for registration
1510. Notice of suspension
1511. Notice of suspension or cancellation

PART 16-BUILDING APPEALS BOARD

1601. Appeal periods
1602. Building Appeals Board fees
1603. Additional fees
1604. Fees to be refunded

PART 17-INFRINGEMENT NOTICES

1701. Application
1702. Authorised officers
1703. Prescribed offences
1704. Revoked
1705. Prescribed penalties
1706. Revoked

PART 18-EXEMPTIONS

Division 1-Exemptions for certain buildings and building work

1801. Exemptions from permits
1802. Exemptions from building regulations
1803. Exemption from permit for temporary structures
1804. Exemption for farm buildings

Division 2-Exemptions in relation to certain buildings

1805. Exemptions relating to building surveyors
1806. Exemption from permit application fees

Division 3-Exemptions relating to builders of multi-storey residential buildings

1807. Definitions
1808. Exemption from required insurance for builder
1809. Exemptions from required insurance for owner-builders

Division 4-Exemptions from registration for certain building practitioners

1810. Domestic builders if work less than $5000.
1811. Builders of Class 10 buildings
1812. Builders of masts and similar Class 10b structures
1813. Draftsperson doing certain domestic building work
1814. Draftsperson doing certain work for engineer

PART 19-GENERAL

1901. Approved forms

PART 20-TRANSITIONAL PROVISIONS

2001. Annual essential safety measures reports
2002. Registration of building practitioners not affected by revocation of Building (Interim) Regulations 2005.
2003. Transitional provisions-Building Amendment Regulations 2009.
__________________
SCHEDULE 1-Revocation
SCHEDULE 1A-Modification of Part G5 of the BCA
G5.0. Deemed-to-Satisfy Provisions
G5.1. Application of Part
G5.2. Protection
SCHEDULE 2-Forms
Form 1-Application for a Building Permit
Form 2-Building Permit
Form 3-Protection Work Notice
Form 4-Protection Work Response Notice
Form 5-Application for Occupancy Permit
Form 6-Occupancy Permit
Form 7-Certificate of Final Inspection
Form 7A-Notice of suspension of registration under
section 178(6)
Form 8-Notice of suspension or cancellation of registration under section 182(4)
SCHEDULE 3-Time Limits for Building Permit Applications
SCHEDULE 4-Prescribed Matters Reported on by Prescribed Reporting Authorities

PART 1-PRESCRIBED MATTERS REPORTED ON BY
CHIEF OFFICER

PART 1A-PRESCRIBED MATTERS REPORTED ON BY
CHIEF OFFICER

PART 2-PRESCRIBED MATTERS REPORTED ON BY COUNCIL

PART 3-PRESCRIBED MATTER REPORTED ON BY ELECTRICITY SUPPLY AUTHORITY
SCHEDULE 5-Planning Schemes
SCHEDULE 6-Time Limits for Occupancy Permit Applications
SCHEDULE 7-Categories/Classes of Building Practitioners and Qualifications
SCHEDULE 8-Exemptions for Buildings and Building Work
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ENDNOTES

1. General Information
2. Table of Amendments
3. Explanatory Details

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