Building Amendment (Building Product Accreditation and Other Matters) Regulations 2021 (Vic)
Building Amendment (Building Product Accreditation and Other Matters) Regulations 2021
S.R. No. 128/2021
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Principal Regulations
4Relevant council must give a notice to the applicant of registration of swimming pool or spa and certain other matters
5Heading to Part 11A substituted
6New Division 1 heading and new regulation 166AA inserted in Part 11A
7New Division 2 heading inserted in Part 11A
8Definitions in this Division
9New Division 3 inserted in Part 11A
10Regulation 238 substituted
11Regulation 241 substituted
12New regulations 242A and 242B inserted
13Information in application to remain confidential
14Accreditation fees
15New regulation 244A inserted
16Certificate of accreditation
17Revocation of accreditation
18Register of accredited products
19Records
20New Division 5 inserted in Part 17
21Schedule 4—Form 1 substituted
22Schedule 4—Form 19 substituted
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Endnotes
STATUTORY RULES 2021
S.R. No. 128/2021
Building Act 1993
Building Amendment (Building Product Accreditation and Other Matters) Regulations 2021
The Governor in Council makes the following Regulations:
Dated: 12 October 2021
Responsible Minister:
RICHARD WYNNE
Minister for PlanningALEXANDRA DEBELJAKOVIC
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Building Regulations 2018—
(a)to exempt the payment of, or provide for the refund of, the building permit levies for rebuilding of dwellings destroyed or damaged as a result of certain emergencies; and
(b)to amend procedures for the accreditation of building products including in relation to the renewal of those accreditations; and
(c)to change dates in relation to the lodgement of certificates of pool and spa barrier compliance; and
(d)to make consequential and other amendments.
2Authorising provisions
These Regulations are made under sections 7, 9, 15A, 261 and 262 of, and Schedule 1 to, the Building Act 1993.
3Principal Regulations
In these Regulations, the Building Regulations 2018[1] are called the Principal Regulations.
4Relevant council must give a notice to the applicant of registration of swimming pool or spa and certain other matters
(1)In regulation 147R(2)(a) of the Principal Regulations, for "1 November 2021" substitute "1 June 2022".
(2)In regulation 147R(2)(b) of the Principal Regulations, for "1 November 2022" substitute "1 June 2023,".
(3)In regulation 147R(2)(c) of the Principal Regulations, for "1 November 2023" substitute "1 June 2024".
(4)In regulation 147R(5) of the Principal Regulations, for "1 November 2021" substitute "1 June 2022".
5Heading to Part 11A substituted
For the heading to Part 11A of the Principal Regulations substitute—
"Part 11A—Emergency provisions".
6New Division 1 heading and new regulation 166AA inserted in Part 11A
After the heading to Part 11A of the Principal Regulations insert—
"Division 1—Definition in this Part
166AADefinition of emergency
In this Part—
emergency means a Class 1 emergency or a Class 2 emergency within the meaning of section 3 of the Emergency Management Act 2013.".
7New Division 2 heading inserted in Part 11A
After regulation 166AA of the Principal Regulations insert the following heading—
"Division 2—Emergency accommodation buildings".
8Definitions in this Division
(1)In the heading to regulation 166A of the Principal Regulations, for "Part" substitute "Division".
(2)In regulation 166A of the Principal Regulations—
(a)for "In this Part" substitute "In this Division";
(b)for the definition of emergency substitute—
"emergency means an emergency that occurred before, on or after the commencement of this Part;".
9New Division 3 inserted in Part 11A
After regulation 166H of the Principal Regulations insert—
"Division 3—Exemption from the building permit levy for emergency recovery
166IDefinition in this Division
In this Division—
emergency means an emergency that occurred on or after 1 November 2019.
166JRebuilding of a dwelling destroyed in an emergency exempt from building permit levy
An applicant for a building permit is exempt from the requirement to pay the building permit levy imposed under section 205G(1) and (2) of the Act for building work under the permit if—
(a)the building work includes the reconstruction or repair of the applicant's dwelling; and
(b)the dwelling was destroyed or damaged in an emergency; and
(c)the building work is to be carried out—
(i)on the same allotment as the dwelling that was destroyed or damaged; or
(ii)on a different allotment, but within the same municipal district as the dwelling that was destroyed or damaged.
166KRefund of building permit levy relating to rebuilding of a dwelling destroyed in an emergency
(1)This regulation applies in respect of an application for a building permit for building work accepted by a relevant building surveyor on or after 1 November 2019 and before the commencement of this Division, if—
(a)the building work includes the reconstruction or repair of the applicant's dwelling; and
(b)the dwelling was destroyed or damaged in an emergency; and
(c)the building work is carried out—
(i)on the same allotment as the dwelling that was destroyed or damaged; or
(ii)on a different allotment, but within the same municipal district as the dwelling that was destroyed or damaged.
(2)Any amount of building permit levy imposed under section 205G(1) and (2) of the Act in relation to the building work that is paid by the applicant to the Authority on or after 1 November 2019 and before the commencement of this Division must be refunded by the Authority to the applicant on receiving an application from the applicant for the refund in a form approved by the Authority.".
10Regulation 238 substituted
For regulation 238 of the Principal Regulations substitute—
"238Definitions
In this Part and in Form 19—
building product includes a building product, construction method, design, component or system connected with building work;
Committee means the Building Regulations Advisory Committee.".
11Regulation 241 substituted
For regulation 241 of the Principal Regulations substitute—
241Application of Division"
This Division does not apply—
(a)to a building product that complies with the relevant deemed-to-satisfy provisions of the BCA; or
(b)in relation to an application for accreditation, renewal or variation made to a person or body prescribed under regulation 239.".
12New regulations 242A and 242B inserted
After regulation 242 of the Principal Regulations insert—
242AApplication for renewal of accreditation"
(1)The holder of an accreditation for a building product may apply to the Committee to renew the accreditation.
(2)The application for renewal of the accreditation must be in the form of Form 19.
(3)The application for renewal of the accreditation may be made 12 months before, but must be made no later than 6 months before, the expiry date of the accreditation.
(4)The application for renewal of the accreditation must be accompanied by—
(a)the fee prescribed in regulation 244(1); and
(b)if required by the Committee, any information or document referred to in regulation 242(3)(b).
242BRefusal to accredit or renew accreditation
(1)The Committee may refuse to accredit a building product or renew an accreditation if—
(a)the application fails to include any information or document referred to in regulation 242(3)(b) within 3 months of a request for that information or document by the Committee; or
(b)the building product is not suitable to be accredited by the Committee or, in the case of an application for renewal of an accreditation, the building product is no longer suitable to be accredited; or
(c)in the case of an application for renewal of an accreditation, the applicant has failed to apply for the renewal within the application period specified in regulation 242A(3); or
(d)the applicant has been convicted or found guilty without conviction of an offence against regulation 250 in the 10-year period preceding the date of the application.
(2)If the Committee refuses to accredit a building product or renew an accreditation, the Committee must give the applicant written notice of its decision.".
13Information in application to remain confidential
In regulation 243(1) of the Principal Regulations, after "an application for accreditation" insert ", or an application for renewal of an accreditation,".
14Accreditation fees
For regulation 244(1) of the Principal Regulations substitute—
"(1)The fee for an application for an accreditation for a building product or renewal of that accreditation under this Division is 138·31 fee units.".
15New regulation 244A inserted
After regulation 244 of the Principal Regulations insert—
244ANotice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation"
(1)If the Committee decides to accredit a building product or renew an accreditation, the Committee must give the applicant a written notice of its decision, which must comply with subregulation (3).
(2)If the Committee decides to impose a condition on or vary an accreditation in accordance with section 14(4) of the Act, the Committee must give the applicant a written notice of its decision, which must comply with subregulation (3).
(3)A notice given under this regulation must include the following—
(a)the name of the building product;
(b)a description of the building product;
(c)a description of the purpose and use of the building product;
(d)any condition to which the accreditation is subject;
(e)the details of any variation to the accreditation and the date it comes into effect;
(f)the date of the Committee's decision to accredit the building product or renew the accreditation;
(g)any other information that the Committee considers appropriate.
(4)The Authority must cause to be published in the Government Gazette a notice required to be given under this regulation as soon as practicable after the accreditation, renewal of, imposition of a condition on or variation of an accreditation (as the case requires).".
16Certificate of accreditation
(1)For regulation 245(1) of the Principal Regulations substitute—
"(1)For the purposes of section 14A(1) of the Act, a person may apply to the Committee, at the same time that the person makes an application for an accreditation for a building product or for renewal of an accreditation, for a certificate of accreditation to be—
(a)issued, if the Committee accredits the building product; or
(b)re-issued, if the Committee renews an accreditation.
(1A)If the Committee imposes a condition on or varies an accreditation under section 14(4) of the Act, the holder of the accreditation may apply to the Committee for a certificate of accreditation to be re-issued.".
(2)In regulation 245(2) of the Principal Regulations, for "A certificate of accreditation" substitute "For the purposes of section 14A(2) of the Act, a certificate of accreditation issued or re-issued by the Committee".
(3)After regulation 245(2)(h) of the Principal Regulations insert—
"(ha)the date of expiration of the accreditation;
(hb)in the case of an accreditation that has been renewed, the date of the renewal;
(hc)in the case of an accreditation that has been varied, the date and details of the variation; and".
(4)For regulation 245(3) of the Principal Regulations substitute—
"(3)The Committee may publish a copy of any certificate of accreditation and any document referred to in the certificate on the Committee's website or, if the Committee does not have a website, on the Internet.".
(5)Regulation 245(4) of the Principal Regulations is revoked.
17Revocation of accreditation
In regulation 246(2) of the Principal Regulations omit "certificate of".
18Register of accredited products
(1)Regulation 251(1) of the Principal Regulations is revoked.
(2)In regulation 251(2) of the Principal Regulations, for "The register must contain the following information" substitute "For the purposes of section 14B of the Act, the register kept by the Authority must contain the following information about accredited building products".
(3)After regulation 251(2)(a)(viii) of the Principal Regulations insert—
"(ix)the date of expiry of the accreditation of the building product;
(x)any date on which the accreditation was renewed;
(xi)any date on which the accreditation was varied;".
(4)For regulation 251(2)(b)(iv) of the Principal Regulations substitute—
"(iv)if the accreditation is revoked, the date of revocation of the accreditation;
(v)if the accreditation expires, the date of expiry of the accreditation;".
19Records
(1)For regulation 252(a) of the Principal Regulations, substitute—
"(a)all documents considered by the Committee in relation to an accreditation under Division 3, including any renewal or variation of the accreditation, until the accreditation expires or is revoked, whichever occurs earlier; and".
(2)In regulation 252(b) of the Principal Regulations, for "Authority" substitute "Committee".
20New Division 5 inserted in Part 17
After Division 4 of Part 17 of the Principal Regulations insert—
"Division 5—Exemptions relating to accreditation of building products by prescribed persons and bodies
253Exemption relating to register of accredited products
The Authority is exempt from the requirement under section 14B of the Act to keep a register of building products accredited by a person or body prescribed under regulation 239.
253AExemption from transitional provisions for building products accredited on or after 1 January 2019
A person or body prescribed under regulation 239 is exempt from the requirements in clause 3 of Part 2 of Schedule 11 to the Act, which relate to the person or body.
253BExemption from transitional provisions for building products accredited before 1 January 2019
A person or body prescribed under regulation 239 is exempt from the requirements in clause 4 of Part 2 of Schedule 11 to the Act, which relate to the person or body.".
21Schedule 4—Form 1 substituted
For Form 1 of Schedule 4 to the Principal Regulations substitute—
"FORM 1
Regulation 24
Building Act 1993
Building Regulations 2018
APPLICATION FOR A BUILDING PERMIT
To (Building surveyor)
From
*Owner/*Agent of owner
*ACN/*ARBN
Postal address of applicant
Postcode
Address for serving or giving of documents
Postcode
Indicate if the applicant is a lessee or licensee of
Crown land to which this application applies o
Contact person Telephone
Lessee responsible for building work
Indicate if a lessee of the building, of which parts
are leased by different persons, is responsible for
the alterations to a part of the building leased by
that lessee o
*Ownership details (if applicant is agent of owner)
Name of owner(s) [insert full name(s)]
*ACN/*ARBN
Postal address
Postcode
Contact person Telephone
Property details
Number Street/road City/suburb/town Postcode
Lot/s LP/PS Volume Folio
Crown allotment Section Parish County
Municipal district Allotment area (for new dwellings only) m2
Land owned by the Crown or a public authority o
Builder
Name Telephone
*ACN/*ARBN
*Building practitioner registration no.
Postal address Postcode
[If the builder is carrying out domestic building work under a major domestic building contract, attach an extract of the major domestic building contract showing the names of the parties to the contract in relation to the proposed building work and a copy of the certificate of insurance (if applicable).]
*Natural person for service of directions, notices and orders (if builder is a body corporate)
Name Telephone
Postal address Postcode
Building practitioner or architect engaged to prepare documents for this permit
[List any building practitioner or architect engaged to prepare documents forming part of the application for this permit.]
Name Category/class Registration no.
Name Category/class Registration no.
Nature of building work
| Construction of a new building o Demolition of a building o Extension to an existing building o Re-erection of a building o Construction of swimming pool o Other [give description] o | Alterations to an existing Removal of a building o Change of use of an existing Construction of swimming pool barrier o |
Proposed use of building
Note
Under the Building Act 1993 swimming pool is defined to include a spa.
Social housing
Does any of the building work include the construction of social housing as referred to in regulation 281B of the Building Regulations 2018? [Yes/No]
[Indicate Yes if the building work, which is the subject of this application, includes the construction of social housing or if other building work, which is the subject of a related staged building permit, includes the construction of social housing.]
Emergency recovery
Does any of the building work include the construction of a dwelling that was destroyed or damaged in an emergency referred to in regulation 166J(b) of the Building Regulations 2018?
[Yes/No]
[Indicate Yes if the building work, which is the subject of this application, includes the construction or repair of a dwelling within the same municipal district as the destroyed or damaged residential dwelling.]
*Owner-builder
I intend to carry out the work as an owner-builder. [Yes/No]
Owner builder certificate of consent No. (if applicable)
Cost of building work
Is there a contract for the building work? [Yes/No]
If yes, state the contract price $
If no, state the estimated cost of the building work
(including the cost of labour and materials) and
attach details of the method of estimation $
Does the building work relate to more than one class
of building, including a class of building referred to in
section 205G(2A) of the Building Act 1993 and a
class 1, 9 or 10 building? [Yes/No]
If yes, provide the cost of the building work that relates
to the class or classes referred to in section 205G(2A)
of the Building Act 1993 and the cost of the building
work that relates to a class 1, 9 or 10 building:
Cost of building work relating to a
class 2, 3, 4, 5, 6, 7 or 8 building $
Cost of building work relating to a
class 1, 9 or 10 building $
Stage of building work
If application is to permit a stage of the work—
Extent of stage
Cost of work for this stage $
Cost of work for the whole of the building work $
Signature
Signature of applicant
Date
* Delete if inapplicable
Tick if applicable".
22Schedule 4—Form 19 substituted
For Form 19 of Schedule 4 to the Principal Regulations substitute—
"FORM 19
Regulations 242(2), 242A(2)
Building Act 1993
Building Regulations 2018
APPLICATION FOR ACCREDITATION OR RENEWAL OF ACCREDITATION FOR BUILDING PRODUCTS
To
Building Regulations Advisory Committee
From
Applicant:
Name: [insert full name]
*ACN/*ARBN:
Postal address:
Postcode:
Contact person: Telephone:
Email:
*If applicant making application on behalf of the owner of a building product
| I have been authorised by the owner of the building product to make this application on the owner's behalf. | o |
| A copy of the authorisation from the owner to make this application is attached to this form. | o |
*Owner of building product (if different from applicant)
Name: [insert full name]
*ACN/*ARBN:
Postal address:
Postcode:
Contact person: Telephone:
Email:
Type of application
Accreditation of building product o
Certificate No. of existing accreditation [insert]
Renewal of existing accredited building product o
Certificate No. of existing accreditation [insert]
Certificate for accredited building product o
Nature of application (select one)
This application is for:
| a building product | o |
| a construction method connected with building work | o |
| a design connected with building work | o |
| a component connected with building work | o |
| a system connected with building work | o |
Note
Regulation 238 of the Building Regulations 2018 defines, for the purposes of Part 17 of those Regulations and this Form, building product to include a construction method, design, component or system connected with building work.
Details of building product
Name of building product:
Description of building product:
Purpose and use of building product:
Method of installation or use of building product:
Interaction of building product with other components and materials in building work:
Details for renewal application
Describe any changes to the building product that have occurred during the preceding accreditation period:
Detail any changes to requirements or standards applicable to the building product during the preceding accreditation period:
BCA performance requirements that building product is intended to comply with:
| Column 1 | Column 2 | Column 3 |
| The performance requirements that are relevant to the building product, as determined in accordance with clauses A2.2(3) and A2.4(3) of the BCA Volume One or clauses A2.2(3) and A2.4(3) of the BCA Volume Two are [insert performance requirements]— | The deemed-to-satisfy provisions relevant to the performance requirements identified in column 1 are [insert deemed-to-satisfy clauses]— | The relevant deemed-to-satisfy provisions identified in column 2 that the building product does not comply with are [insert relevant deemed-to-satisfy clauses]— |
Means of demonstrating compliance with BCA requirements
This application for accreditation demonstrates that the building product meets the following performance requirement(s) of the BCA by the following means:
| Column 1 | Column 2 |
| Performance requirements relevant to the building product, as determined in accordance with clauses A2.2(3) and A2.4(3) of the BCA Volume One or clauses A2.2(3) and A2.4(3) of the BCA Volume Two are [insert performance requirements]— | Evidence to demonstrate compliance of the building product with the performance requirements in column 1 [insert specific evidence and explain how it shows compliance of the building product with the relevant performance requirement]— |
Documentation or information accompanying application
The application is accompanied by the following—
| an appraisal of the building product; | o |
| the appraiser's qualifications and curriculum vitae; | o |
| test report(s) from an Accredited Testing Laboratory or a Registered Testing Authority; | o |
| a technical/installation manual for the building product; | o |
| other information or documentation required by the Committee. | o |
Signature
I certify that the information and content contained in this application is complete and correct.
Signature of *applicant/*authorised agent of applicant:
Date:
* Delete if inapplicable
Tick if applicable".
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Endnotes
[1] Reg. 3: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018, 180/2018, 40/2019, 116/2019, 21/2020, 42/2020, 83/2020, 101/2020 and 73/2021.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table—
BCA means the Building Code of Australia comprising the BCA Volume One and the BCA Volume Two;
BCA Volume One means Volume One of the National Construction Code 2019 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;
BCA Volume Two means Volume Two of the National Construction Code 2019 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;
National Construction Code 2019 means the National Construction Code Series published by the Australian Building Codes Board on 1 May 2019.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 11 of the Building Amendment (Building Product Accreditation and Other Matters) Regulations 2021 which substitutes regulation 241 of the Building Regulations 2018 | BCA | The whole |
| Regulation 22 of the Building Amendment (Building Product Accreditation and Other Matters) Regulations 2021 which substitutes Form 19 of Schedule 4 to the Building Regulations 2018 | BCA Volume One BCA Volume Two | Clauses A2.2(3) and A2.4(3) Clauses A2.2(3) and A2.4(3) |
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0
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