Building Amendment (Fees and Other Matters) Regulations 2024 (Vic)

Building Amendment (Fees and Other Matters) Regulations 2024

S.R. No. 59/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Fee for an application for certificate of consent

6Maximum fees for report and consent

7Accreditation fees

8Appeal, referral and application fees

9Fees for fast track appeals

10New regulation 274A inserted

11New regulation 281E inserted

12Part 23 revoked

═════════════

Endnotes

STATUTORY RULES 2024

S.R. No. 59/2024

Building Act 1993

Building Amendment (Fees and Other Matters) Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 25 June 2024

Responsible Minister:

SONYA KILKENNY
Minister for Planning

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2018—

(a)to prescribe certain fees payable under the Building Act 1993; and

(b)to provide for exemptions from certain fees payable under the Building Act 1993.

2Authorising provisions

These Regulations are made under sections 261 and 262 of the Building Act 1993.

3Commencement

(1)These Regulations, except regulations 5 to 9, come into operation on 30 June 2024.

(2)Regulations 5 to 9 come into operation on 1 October 2024.

4Principal Regulations

In these Regulations, the Building Regulations 2018[1] are called the Principal Regulations.

5Fee for an application for certificate of consent

In regulation 18 of the Principal Regulations, for "6⸱9 fee units" substitute "14⸱42 fee units".

6Maximum fees for report and consent

(1)For regulation 36(2) of the Principal Regulations substitute—

"(2)The maximum fee payable for the consideration by the relevant council of an application for a building permit referred to it under regulation 132(1) or 134(2) or Part 6 or 10 is 19⸱61 fee units.

(2A)The maximum fee payable for the consideration by the relevant council of an application for a building permit referred to it under Part 5 is 27⸱45 fee units.".

(2)In regulation 36(4) of the Principal Regulations, for "9⸱77 fee units" substitute "14⸱17 fee units".

7Accreditation fees

For regulation 244 of the Principal Regulations substitute—

"244   Accreditation application fees

(1)The fee for an application for an accreditation of a building product under this Division is 1627⸱27 fee units.

(2)The fee for an application for a renewal of an accreditation of a building product under this Division is 813⸱64 fee units.

(3)The fee for an application to vary an accreditation of a building product under this Division is 20⸱75 fee units.

(4)All fees paid under this Division must be paid into the Building account of the Victorian Building Authority Fund.".

8Appeal, referral and application fees

(1)In regulation 272(1)(a)(i) of the Principal Regulations, for "23⸱04 fee units" substitute "35⸱46 fee units".

(2)In regulation 272(1)(a)(ii) of the Principal Regulations, for "13⸱82 fee units" substitute "28⸱36 fee units".

(3)In regulation 272(1)(b)(i) of the Principal Regulations, for "13⸱82 fee units" substitute "36⸱26 fee units".

(4)In regulation 272(1)(b)(ii) of the Principal Regulations, for "23⸱04 fee units" substitute "40⸱30 fee units".

(5)In regulation 272(1)(c)(i) of the Principal Regulations, for "23⸱04 fee units" substitute "40⸱28 fee units".

(6)In regulation 272(1)(c)(ii) of the Principal Regulations, for "8⸱29 fee units" substitute "36⸱23 fee units".

(7)After regulation 272(1)(c)(ii) of the Principal Regulations insert—

"(iia)section 160A of the Act—40⸱55 fee units; or".

(8)In regulation 272(1)(c)(iii) of the Principal Regulations, for "13⸱82 fee units" substitute "30⸱20 fee units".

(9)In regulation 272(2)(a)(i) of the Principal Regulations, for "46⸱1 fee units" substitute "70⸱95 fee units".

(10)In regulation 272(2)(a)(ii) of the Principal Regulations, for "23⸱04 fee units" substitute "47⸱28 fee units".

(11)In regulation 272(2)(b)(i) of the Principal Regulations, for "23⸱04 fee units" substitute "60⸱45 fee units".

(12)In regulation 272(2)(b)(ii) of the Principal Regulations, for "46⸱1 fee units" substitute "80⸱64 fee units".

(13)In regulation 272(2)(c)(i) of the Principal Regulations, for "46⸱1 fee units" substitute "80⸱59 fee units".

(14)In regulation 272(2)(c)(ii) of the Principal Regulations, for "18⸱43 fee units" substitute "80⸱55 fee units".

(15)After regulation 272(2)(c)(ii) of the Principal Regulations insert—

"(iia)section 160A of the Act—101⸱37 fee units; or".

(16)In regulation 272(2)(c)(iii) of the Principal Regulations, for "23⸱04 fee units" substitute "50⸱35 fee units".

(17)For regulation 272(3) of the Principal Regulations substitute—

"(3)The fee for making an application to the Building Appeals Board under section 160B of the Act is 55⸱31 fee units.".

9Fees for fast track appeals

(1)In regulation 273(1) of the Principal Regulations, for "36⸱88 fee units" substitute "75⸱68 fee units".

(2)In regulation 273(2) of the Principal Regulations, for "14⸱75 fee units" substitute "15⸱13 fee units".

10New regulation 274A inserted

After regulation 274 of the Principal Regulations insert—

"274A   Exemptions to pay fees under this Part

(1)A person is exempt from having to pay the whole or part of a fee payable to the Building Appeals Board, which is prescribed under this Part, if any of the persons referred to in subregulation (2) is satisfied that payment of the whole or part of the fee will cause the person to suffer financial hardship.

(2)For the purposes of subregulation (1), any of the following persons may decide that a person will suffer financial hardship if the person is required to pay the whole or part of a fee payable to the Building Appeals Board under this Part—

(a)the chairperson of the Building Appeals Board;

(b)the deputy chairperson of the Building Appeals Board;

(c)the Registrar of the Building Appeals Board.".

11New regulation 281E inserted

After regulation 281D of the Principal Regulations insert—

"281E   Exemption from certain fees payable to the Authority under these Regulations

(1)A person is exempt from having to pay the whole or part of a fee payable to the Authority, which is prescribed under these Regulations, if the Authority is satisfied that payment of the whole or part of the fee will cause the person to suffer financial hardship.

(2)For the purposes of subregulation (1), the Authority may decide that a person will suffer financial hardship if the person is required to pay the whole or part of a fee payable to the Authority under these Regulations.".

12Part 23 revoked

Part 23 of the Principal Regulations is revoked.

═════════════

ENDNOTES

[1] Reg. 4: 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, 73/2021, 128/2021, 50/2022, 61/2022, 65/2023, 80/2023, 102/2023, 122/2023, 132/2023 and 2/2024.

——

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 2023 is $15.90 and for the financial year commencing 1 July 2024 is $16.33. 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.