Building (Amendment) Regulations 1996 (Vic)

No judgment structure available for this case.

Building (Amendment) Regulations 1996

S.R. No. 161/1996

TABLE OF PROVISIONS

Regulation Page

1. Objective 1
2. Commencement 2
3. Authorising provisions 2
4. Principal Regulations 2
5. Definitions 2
6. Exemptions 2
7. Information to accompany applications 3
8. Reporting authorities 3
9. Building over easements 4
10. Issue of building permit 4
11. New regulation 2.16 inserted 4
2.16 Lodgement fees 4
12. Building Administration Fund 5
13. New regulation 2.18 substituted 5
2.18 Permit and approval details 5
14. Class 10 buildings 5
15. Siting requirements—VicCode 1 6
16. Protection of adjoining property 6
17. Alterations 7
18. Re-erection 8
19. Extension of non-complying external wall 8
20. New Division 4 inserted 8
Division 4—Fire safety in certain existing residential
buildings 9
21. Unsewered areas 10
22. New regulation 6.2 substituted 10
6.2 Flood areas 10
23. New regulation 6.7 inserted 12
6.7 Special areas designation and mapping 12
24. Infringement notices 14
25. Change of use 14
26. Prescribed temporary structures 14
27. Prescribed qualifications and classes 15
28. Transitional 15
29. Exemption for certain practitioners 16

i

Regulation Page

30. Schedule 2—Form 1 16
31. Schedule 2—Form 2 17
32. Schedule 2—Form 3 18
33. Schedule 2—Form 4 20
34. Schedule 2—New Form 5 inserted 21
35. Schedule 2—Form 9 22
36. Schedule 2—Form 10 22
37. Schedule 2—Form 13 23
38. Schedule 2—Form 14 23

═══════════════

NOTES 24

ii

STATUTORY RULES 1996

S.R. No. 161/1996
Building Act 1993

Building (Amendment) Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 17 December 1996
Responsible Minister:
ROBERT MACLELLAN
Minister for Planning and Local Government
A. WILTSHIRE
Acting Clerk of the Executive Council

1. Objective
The objective of these Regulations is to amend the
Building Regulations 1994—

(a)

to prescribe matters relating to the construction of buildings; and

(b)

to prescribe matters relating to the use and maintenance of buildings and places of public entertainment; and

(c)

to prescribe matters relating to the siting of buildings; and

(d)

to prescribe matters relating to existing residential buildings; and

(e)

to prescribe information to be supplied in relation to the issuing of permits; and

(f)

to generally improve the operation of those Regulations.

Building (Amendment) Regulations 1996

r. 2	S.R. No. 161/1996

2. Commencement
These Regulations come into operation on 1
February 1997.

3. Authorising provisions
These Regulations are made under the powers contained in sections 3, 7, 9, 16, 201, 261 and 262 and Schedules 1 and 2 of the Building Act 1993.

4. Principal Regulations
In these Regulations the Building Regulations
19941 are called the Principal Regulations.

5. Definitions
In regulation 1.5 of the Principal Regulations after the definition of "farm land" insert— "floodplain management authority" means an
authority to which Division 4 of Part 10 of
the Water Act 1989 applies;".

6. Exemptions
In Table 1.6 of regulation 1.6 of the Principal
Regulations—

(a)

for paragraph (c)(ii) substitute— "(ii) not exceeding 1·2 m in height when
within 3m of a street alignment and
located on, or facing, that street
alignment; and"; and

(b)

in Column 2 of paragraph (i) after "Part 1" insert ", Part 8"; and

(c)

in paragraph (ka) for "regulation 10.4(a) and (d)" substitute "regulation 10.4(a) to (d)"; and

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 7

(d) after paragraph (ka) insert—

"(kb) A smoke alarm installed in
a Class 1, 2 or 3 building constructed or for which building approval was
granted before 8 April

1991 or in a Class 4 part of All Parts
a building constructed or except
for which building Part 1,
approval was granted Part 8 and
before 8 April 1991. reg. 5.14

(kc) A chain wire fence

surrounding a tennis court. All Parts".

7. Information to accompany applications
(1) In regulation 2.1(2) of the Principal Regulations—
(a) omit "at least 3 copies of"; and

(b)

in paragraph (a) before "drawings" insert "3 copies of"; and

(c)

in paragraph (b) before "specifications" insert "3 copies of"; and

(d)

in paragraph (c) before "allotment plans" insert "3 copies of"; and

(e)

in paragraph (d) before "computations or reports" insert "1 copy of any".

(2) Regulation 2.1(3)(f) of the Principal Regulations
is revoked.

8. Reporting authorities
In regulation 2.2 of the Principal Regulations—

(a)

In Table 2.2 , column 1 for "Historic Buildings Council" substitute "Executive Director under the Heritage Act 1995"; and

Building (Amendment) Regulations 1996

r. 9	S.R. No. 161/1996

(b)

In Table 2.2, column 2 after "location and contents of fire control centre" insert "or fire control room"; and

(c)

In Table 2.2, column 3 for "reg. 6.2(7)" substitute "reg. 6.2(3)"; and

(d)

In sub-regulation 2.2(2)(i) after "location and contents of fire control centre" insert "or fire control room"; and
(e) In sub-regulation (5)—

(i) for "Historic Buildings Council"
substitute "Executive Director under
the Heritage Act 1995"; and
(ii) for "the Historic Buildings Act 1981" substitute "that Act".

9. Building over easements
In regulation 2.4(2) of the Principal Regulations
for "Subdivision Act 1989" substitute
"Subdivision Act 1988".

10. Issue of building permit
In regulation 2.6(3)(b) of the principal regulations after "other documents" insert "(except for computations or reports)".

11. New regulation 2.16 inserted
After regulation 2.15 of the Principal Regulations insert—
"2.16 Lodgement fees
The prescribed lodgement fee for the purposes of section 30 and clause 1 of Schedule 2 of the Act for building work with a cost of $3000 or more is—

(a)

in the case of building work for a Class 1a or 10 building, $15; and

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 12

(b)

in the case of any other building work, $30.".

12. Building Administration Fund
Regulation 2.17(2) of the Principal Regulations is revoked.

13. New regulation 2.18 substituted
For regulation 2.18 of the Principal Regulations substitute—

"2.18 Permit and approval details

(1) A relevant building surveyor must within 7 days after the end of each month forward to the Commission in a form signed and
completed to the effect of Form 5—

(a)
details of permits issued by that month; and

(b)

in respect of any building permit issued by the relevant building surveyor on or after 1 February 1997, details, to the
knowledge of the relevant building
surveyor, of any building work which is
commenced or is completed or
abandoned during that month or any
permit which lapses during that month.
(2) A council must, at the request of the
Commission, provide to the Commission a copy of the building permit register kept by that council under the Act, or extracts from that register.".

14. Class 10 buildings
In regulation 4.2(1)(a) of the Principal substitute "when attached to a building".

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S.R. No. 161/1996

15. Siting requirements—VicCode 1
(1) For the heading to Division 3 of Part 4 of the
Principal Regulations substitute "Division 3—
Class 1 and associated Class 10 buildings".
(2) In regulation 4.3 of the Principal Regulations after

"more than 300m2" insert "or on an allotment
where a planning permit is not required for that
development".

(3) In regulation 4.4 of the Principal Regulations—

(a) in sub-regulation (1)—

(i)
design—Performance Measures 1-12"
substitute "Element 2 Building siting
for "Element 2 Building siting and 3 and 5-12"; and
(ii) omit "Element 4 Vehicle parking— Performance Measures 1 and 2"; and

(b) For sub-regulation (4)(b) substitute— "(b) a fence (except a fence to which
paragraph (c) applies) exceeding 2m in height within 3m of the street alignment forming the frontage of a lot must
comply with Element 8 Streetscape,
Performance Measure 4 of VicCode 1
as if the reference in that Performance
Measure to 1.2m were a reference to
2m;".

16. Protection of adjoining property
In regulation 5.2 of the Principal Regulations after
sub-regulation (4) insert—
"(5) Despite sub-regulation (1) an owner is not
required to carry out protection work in
respect of an adjoining property before or

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 17
during the carrying out of building work for
which a permit is required if—

(a)

no buildings are to be erected or building work is to be carried out on, over, under, or in the air space of the adjoining property; and
(b) the application is accompanied by—

(i)
the Act from the engineer who
designed the building work who is
a registered building practitioner
in the category of engineer, class
of civil engineer, certifying that
a certificate under section 238 of the Act and regulations; and

(ii)
238 of the Act from an
independent engineer who is a
registered building practitioner in
the category of engineer, class of
civil engineer, certifying that the
a further certificate under section Act and regulations; and

(c)
the applicant has provided the adjoining provided under paragraph (b), and all documents referred to in the certificates, prior to the issue of the building permit.".

17. Alterations
For regulation 5.7(4) of the Principal Regulations
substitute—
"(4) The relevant building surveyor may consent
to partial compliance with sub-regulation (2)
or (3) if—

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S.R. No. 161/1996

(a) in the case of that part of an alteration which is within an existing building, the safety, health and amenity of persons accommodated in or resorting to the building or the risk of the spread of fire to or from adjoining buildings will not be substantially adversely affected; and
(b) in the case of that part of an alteration which is an extension to an existing building, the safety, health and amenity of persons accommodated in or resorting to the building or the risk of the spread of fire to or from adjoining buildings will not be substantially adversely affected and the floor area of the extension is not greater than—
(i) 25% of the floor area of the existing building; or

(ii) 1000m2—

whichever is the lesser.".

18. Re-erection
Regulation 5.8 of the Principal Regulations is revoked.

19. Extension of non-complying external wall
In regulation 5.10 of the Principal Regulations for "an external wall (including any openings) of a single storey" substitute "a single storey external wall (including any openings) of a".

20. New Division 4 inserted
After Division 3 of Part 5 of the Principal
Regulations insert—

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 20
"Division 4—Fire safety in certain existing
residential buildings

5.14 Self contained smoke alarms
(1) This regulation applies to any Class 1, 2 or 3 building or Class 4 part of a building whenever constructed.
(2) A self contained smoke alarm complying
with AS 3786-1993 must be installed in each dwelling or sole-occupancy unit (which is or forms part of a building to which this
regulation applies) in appropriate locations on or near the ceiling of every storey of the dwelling or sole-occupancy unit.
(3) The appropriate locations referred to in sub-

regulation (2) must be as determined in
accordance with Practice Note No. 27 issued
by the Building Control Commission in
November 1996.

(4) This regulation must be complied with—

(a) within 2 years of the date of commencement of this regulation; or
(b) if a contract for the sale of the dwelling or sole-occupancy unit is entered into after that commencement, within 30 days after—
(i) in the case of a contract other than a terms contract (as defined in section 2 of the Sale of Land Act 1962), the date of completion of the contract; and
(ii) in the case of a terms contract, the purchaser becomes entitled to possession or to the receipt of

Building (Amendment) Regulations 1996

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S.R. No. 161/1996

rents and profits under the
contract—
whichever is earlier.
(5) This regulation must be complied with by—

(a)
occupancy unit being purchased under
a terms contract (as defined in section 2
of the Sale of Land Act 1962) under
which the purchaser has become
entitled to possession or to the receipt
in the case of a dwelling or sole- that dwelling or unit; and

(b)

in the case of any other dwelling or sole-occupancy unit, the owner of that dwelling or unit.
(6) A person who fails to comply with this
regulation is guilty of an offence and liable to a penalty not exceeding 5 penalty units.".

21. Unsewered areas
In regulation 6.1 of the Principal Regulations for
"permit for the installation" substitute "permit
which requires the installation".

22. New regulation 6.2 substituted
For regulation 6.2 of the Principal Regulations
substitute—
"6.2 Flood areas
(1) This regulation does not apply to—
(a) a Class 10 building; or

(b)

an unenclosed floor area of a building; or

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 22

(c) an alteration to an existing building if the area of the existing building is not increased by more than 20m2.
(2) For the purposes of this regulation land is in an area liable to flooding if—

(a) by or under the Water Act 1989 it is determined as being liable to flooding however expressed; or
(b) it is identified in a planning scheme under the Planning and Environment Act 1987 as being in an area liable to flooding; or
(c) it is described on a sealed plan of subdivision or plan of strata subdivision or plan of cluster subdivision (as the case requires) as being liable to flooding, however expressed; or
(d) it is designated by the relevant council as likely to be flooded by waters from—
(i) a waterway, as defined in section 3 of the Water Act 1989; or

(ii)
concentrates or upon or over
which surface water usually or
occasionally flows (whether in a
defined channel or otherwise)
any land upon which water from a drainage system.

(3) The consent and report of the relevant
council must be obtained to an application
for a building permit if the site is on an
allotment that is in an area liable to flooding.
(4) The relevant council must not give its
consent under sub-regulation (3) if it is of the

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S.R. No. 161/1996

opinion that there is likely to be a danger to the life, health or safety of the occupants of the building due to flooding of the site.
(5) In its report under sub-regulation (3) the
relevant council may specify a level for the surface of the lowest floor of a building on the site.
(6) Before specifying a floor level under sub-
regulation (5) the relevant council must—

(a) consult with the floodplain
management authority for that site; and
(b)
any flood levels declared under the
Water Act 1989 or otherwise
determined by the floodplain
management authority, unless the
specify a level at least 300 mm above level.

(7) The relevant council must without delay

advise the floodplain management authority
and any authority empowered to carry out
any function under the Water Act 1989 in
relation to sewerage on that site, of the floor
level (if any) specified under sub-regulation
(5).".

23. New regulation 6.7 inserted
After regulation 6.6 of the Principal Regulations
insert—
'6.7 Special areas designation and mapping
(1) In this regulation—
"designated special area" means—

(a) an area designated, determined,
identified or described as liable to

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 23
flooding in accordance with
regulation 6.2; and

(b) an area designated as likely to be subject to infestation by termites in accordance with regulation 6.3;
and

(c) an area determined as a designated bush fire prone area in accordance with regulation 6.4; and
(d) an area determined as likely to be subject to significant snowfalls in accordance with regulation 6.5;
and

(e)

an area declared to be designated land as referred to in regulation 6.6.
(2) A council must prepare maps for all
designated special areas within its municipal
district as soon as practicable after 1
February 1997.
(3) If in a municipal district a designated special

area is altered or a new designated special
area is created a relevant council must as
soon as practicable—

(a) amend the map for that designated special area; or
(b) prepare a map of that designated special area created.
(4) A council must advise the Commission

within 7 days if a designated special area
within its municipal district is altered or if a
new designated special area is created.

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S.R. No. 161/1996

(5) The relevant council must lodge with the

Building Control Commission within 7 days
copies of designated special areas maps
amended or prepared under sub-regulation
(2) or (3).

(6) A council must make an up to date copy of

each designated special area map applicable
to its municipal district which has been
prepared under this regulation available to
the public at the offices of the council during
normal business hours.'.

24. Infringement notices
(1) In regulation 8.2 of the Principal Regulations—

(a) in paragraph (a) after "against regulations" insert "11.5,"; and
(b) in paragraph (b) after "against regulations" insert "5.14, 11.5,"; and
(c) in paragraph (c) after "5.13," insert "5.14, 11.5,".

(2) In regulation 8.5 of the Principal Regulations after "5.13," insert "5.14, 11.5,".

25. Change of use
In regulation 9.9 of the Principal Regulations—

(a)

in sub-regulation (3) after "change of use" insert "or any requirements under regulation 5.7 in respect of alterations"; and
(b) sub-regulation (4) is revoked.

26. Prescribed temporary structures
(1) Regulation 10.4(e) of the Principal Regulations is
revoked.
(2) In regulation 10.4 of the Principal Regulations
after "prescribed classes of temporary structures"

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 27
insert ", if those structures do not form part of any
other building other than a temporary structure or
temporary building".

27. Prescribed qualifications and classes
In regulation 15.3(1) of the Principal
Regulations—

(a)

in paragraph (j) for "(structural)" substitute "(unlimited)"; and

(b)

for paragraph (k) substitute— "(k) Category of builder, class of
commercial builder (limited)—
a certificate issued by the Board, after
examination of the applicant, certifying
that the applicant has adequate
knowledge and experience to construct
the components of building work
specified in the certificate;"; and

(c)
in paragraph (o)(ii) after "unoccupied buildings"; and

(d)

in paragraph (p)(ii) for "not more than 5 storeys of any unoccupied building, excluding special buildings" substitute "any building".

28. Transitional
After regulation 15.4 (10) of the Principal
Regulations insert—
"(11) A building practitioner who immediately

before the commencement of the Building
(Amendment) Regulations 1996 was
registered under Part 11 of the Act as a
builder, class of commercial builder
(structural), is deemed on that
commencement to be registered under that

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r. 29

S.R. No. 161/1996

Part as a builder, class of commercial builder
(unlimited).
(12) A building practitioner who immediately

before the commencement of the Building
(Amendment) Regulations 1996 was
registered under Part 11 of the Act as a
builder, class of commercial builder (non
structural), is deemed on that
commencement to be registered under that
Part as a builder, class of commercial builder
(limited).".

29. Exemption for certain practitioners
In regulation 15.5 of the Principal Regulations for
sub-regulation (2) substitute—
"(2) A builder who is solely engaged in the
business of constructing Class 10 buildings (other than construction which is domestic building work carried out under a major
domestic building contract or the
construction of signs or similar Class 10b
structures) is not required to be registered as
a building practitioner under Part 11 of the
Act.

(2A) A builder who is solely engaged in the
business of constructing Class 10 buildings
which are masts, poles, aerials or similar
Class 10b structures is not required to be
registered as a building practitioner under
Part 11 of the Act.".

30. Schedule 2—Form 1
In Form 1 of Schedule 2 of the Principal
Regulations after "City/Suburb/Town" insert
"Post code".

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 31

31. Schedule 2—Form 2
For Form 2 of Schedule 2 of the Principal
Regulations substitute—

"Form 2

Building Act 1993

BUILDING REGULATIONS 1994

Regulation 2.6

BUILDING PERMIT

Issued to
Owner/Agent of owner*

Postal address Postcode
Contact person Telephone
*delete as applicable
Ownership Details (only if agent of owner listed above)
Owner

Postal address Postcode
Contact person Telephone
Property details (include Title details as and if applicable)

Number Street/road City/suburb/town Postcode
Lot/s LP/PS Volume Folio
Crown allotment Section Parish County
Municipal District
Builder (if known)

Name Telephone
Address Postcode
Details of building practitioners and architects

a) to be engaged in the building work1

Name Category/Class Registration No.
Name Category/Class Registration No.

b) who were engaged to prepare documents forming part of the application for this
permit2

Name Category/Class Registration No.
Name Category/Class Registration No.
Details of domestic building work insurance3 (delete if not applicable)
The issuer or provider of the required insurance policy is
(insert name of policy issuer or provider)
Nature of building work
*Construction of a new building, extension, alteration, change of use, demolition,
removal or re-erection of a building
*(Circle appropriate)

Building (Amendment) Regulations 1996

r. 32

S.R. No. 161/1996

Stage of building work permitted Cost of building work $
Total floor area of new building work m2
Building classification

Part of building BCA Classification
Part of building BCA Classification
Inspection requirements
The mandatory notification stages are
Occupation or Use of building
An occupancy permit/certificate of final inspection* is required prior to the
occupation or use of this building
*Circle if applicable
Commencement and completion
This building work must commence by This building work must be completed by
Relevant building surveyor

Name Registration No.
Business/council name Address
Permit No. Date of issue of permit
Signature
1.        Include building practitioner with continuing involvement in the building work.
2.        Include only building practitioners with no further involvement in the building
work.
3.        Domestic building work forming part of this permit and carried out by the
registered domestic builder above must be covered by an insurance policy as
required under section 135 of the Act.".
32. Schedule 2—Form 3
For Form 3 of Schedule 2 of the Principal
Regulations substitute—

"Form 3

Building Act 1993

BUILDING REGULATIONS 1994

Regulation 2.15

BUILDING WORK DOCUMENT LODGEMENT FORM

To
Relevant Council
Ownership Details
Owner

Postal address Contact person

Post Code
Telephone

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 32

Property details (include Title details as and if applicable)

Number Street/road City/suburb/town Postcode
Lot/s

LP/PS Volume Folio
Crown allotment

Section Parish County
Builder (if known)

Name Telephone
Address Postcode
Building Practitioner registration No.
Nature of building work
*Construction of a new building, extension, alteration, change of use, demolition,
removal or re-erection of a building.
*(Circle appropriate)

Stage of building work Contract price or estimated cost of building
work $
Total floor area of new building work m2
Building classification

Part of building BCA classification
Dwelling Details (if applicable)
No. of existing dwellings No. of dwellings to be demolished
No. of dwellings to be constructed No. of storeys
Ground floor material External wall material
Roof cladding material Frame material
Registered building surveyor
Name Registration No.
Business/council name Address
Reference No. Date
Signature".

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S.R. No. 161/1996

33. Schedule 2—Form 4
For Form 4 of Schedule 2 of the Principal
Regulations substitute—

"Form 4

Building At 1993

BUILDING REGULATIONS 1994

Regulation 2.17

BUILDING PERMIT LEVY RETURN

Month: Year:
Part A: (to be completed for each permit issued during that month)

PERMIT NO: Date of issue:
Owner name:

Owner address: Post Code: Telephone no.
Owner Builder(Y/N)
Building address: Post Code:
Municipality:
Builder registration no. Builder name1 :
Builder address1: Post Code:
Nature of work:
BCA Classification (s): Use of building: Allotment area (m2):
Total floor area of new building work(m2):
Private or Local/State/Commonwealth Government land ownership2:

No of storeys: Floor material: External wall material:
Roof cladding material: Frame material: Existing dwellings:
Dwellings demolished: New dwellings:
Estimated value of building work/contract sum ($):

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 34

Levy amount:
Part B: (to be inserted after the last permit levy details for that month have been included)
TOTAL OF LEVY AMOUNTS RECEIVED FOR MONTH:
Part C: (to be inserted at the end of the levy return)
I certify that the information provided in this levy return is complete and correct.

Name: Registration number:
Signed: Date: ".
34. Schedule 2—New Form 5 inserted
After Form 4 of Schedule 2 of the Principal
Regulations insert—

"Form 5

Building Act 1993

BUILDING REGULATIONS 1994

Regulation 2.18

BUILDING WORK COMMENCEMENT, COMPLETION OR

PERMIT LAPSE RETURN

Month Year

Date project

Date of Occupancy abandoned

Building Permit/ Certificate or permit

Permit Commencement Certificate of Final Number lapsed

Number Date * Inspection (if appropriate) (if applicable)
I certify that the above information is complete and correct.
Name

Building (Amendment) Regulations 1996

r. 35

S.R. No. 161/1996

Signed
Registration number
Date
* Estimated commencement of building works or date of first inspection”.
35. Schedule 2—Form 9
In Form 9 of Schedule 2 of the Principal
Regulations—

(a) for note 1 substitute—

"1. The authorised officer may withdraw
the infringement notice at any time (other than as described in note 2) within twenty eight days after notice is
served by serving a withdrawal notice and if the authorised officer withdraws the infringement notice the authority
may either take no action, or may take
other action including bringing the
matter before a court."; and

(b)

in note 2 after "any required" insert "additional".

36. Schedule 2—Form 10
In Form 10 of Schedule 2 of the Principal
Regulations—

(a)
after "Municipal District" insert— who were engaged in the building work1
Name Category/Class Registration No. Name Category/Class Registration No."
; and

Building (Amendment) Regulations 1996

S.R. No. 161/1996 r. 37

(b) after "Date" insert—
"Note 1: Include practitioners who were
involved in the building work and who were not known or not listed at time of completion of application
for building permit.".

37. Schedule 2—Form 13
In Form 13 of Schedule 2 of the Principal
Regulations for "Regulation 15.5(2)" substitute
"Regulation 15.7(2)".

38. Schedule 2—Form 14
In Form 14 of Schedule 2 of the Principal
Regulations for "Regulation 15.5(2)" substitute
"Regulation 15.7(2)".

═══════════════
Building (Amendment) Regulations 1996

Notes

S.R. No. 161/1996

NOTES

1 S.R. No. 81/1994 as amended by S.R. No. 121/1995 and S.R. No. 24/1996.
Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994.

Table of applied, adopted or incorporated matter

Statutory Rule Title of applied, adopted or Matter in applied,
provision incorporated document adopted or
incorporated
document
15 Victorian Code for Residential Element 2 Building
Development—Subdivision siting and design—
and Single Dwellings Performance
published by the Department of Measures 1-3, and
Planning and Housing April 5-12 and Element 8
1992 Streetscape, Performance
Measure 4
20 Practice Note No. 27 issued by Whole
the Building Control
Commission in November
1996
20 AS 3786—1993 Smoke Alarms Whole

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Building (Amendment) Regulations 1996 (Vic)

Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

0

1.	Objective	1
2.	Commencement	2
3.	Authorising provisions	2
4.	Principal Regulations	2
5.	Definitions	2
6.	Exemptions	2
7.	Information to accompany applications	3
8.	Reporting authorities	3
9.	Building over easements	4
10.	Issue of building permit	4
11.	New regulation 2.16 inserted	4
2.16 Lodgement fees	4
12.	Building Administration Fund	5
13.	New regulation 2.18 substituted	5
2.18 Permit and approval details	5
14.	Class 10 buildings	5
15.	Siting requirements—VicCode 1	6
16.	Protection of adjoining property	6
17.	Alterations	7
18.	Re-erection	8
19.	Extension of non-complying external wall	8
20.	New Division 4 inserted	8
Division 4—Fire safety in certain existing residential
buildings	9
21.	Unsewered areas	10
22.	New regulation 6.2 substituted	10
6.2 Flood areas	10
23.	New regulation 6.7 inserted	12
6.7 Special areas designation and mapping	12
24.	Infringement notices	14
25.	Change of use	14
26.	Prescribed temporary structures	14
27.	Prescribed qualifications and classes	15
28.	Transitional	15
29.	Exemption for certain practitioners	16

30.	Schedule 2—Form 1	16
31.	Schedule 2—Form 2	17
32.	Schedule 2—Form 3	18
33.	Schedule 2—Form 4	20
34.	Schedule 2—New Form 5 inserted	21
35.	Schedule 2—Form 9	22
36.	Schedule 2—Form 10	22
37.	Schedule 2—Form 13	23
38.	Schedule 2—Form 14	23

(a)	to prescribe matters relating to the construction of buildings; and
(b)	to prescribe matters relating to the use and maintenance of buildings and places of public entertainment; and
(c)	to prescribe matters relating to the siting of buildings; and
(d)	to prescribe matters relating to existing residential buildings; and
(e)	to prescribe information to be supplied in relation to the issuing of permits; and
(f)	to generally improve the operation of those Regulations.

(b)	in Column 2 of paragraph (i) after "Part 1" insert ", Part 8"; and
(c)	in paragraph (ka) for "regulation 10.4(a) and (d)" substitute "regulation 10.4(a) to (d)"; and

1991 or in a Class 4 part of	All Parts
a building constructed or	except
for which building	Part 1,
approval was granted	Part 8 and
before 8 April 1991.	reg. 5.14

(b)	in paragraph (a) before "drawings" insert "3 copies of"; and
(c)	in paragraph (b) before "specifications" insert "3 copies of"; and
(d)	in paragraph (c) before "allotment plans" insert "3 copies of"; and
(e)	in paragraph (d) before "computations or reports" insert "1 copy of any".

(b)	In Table 2.2, column 2 after "location and contents of fire control centre" insert "or fire control room"; and
(c)	In Table 2.2, column 3 for "reg. 6.2(7)" substitute "reg. 6.2(3)"; and
(d)	In sub-regulation 2.2(2)(i) after "location and contents of fire control centre" insert "or fire control room"; and

(b)	in respect of any building permit issued by the relevant building surveyor on or after 1 February 1997, details, to the
knowledge of the relevant building surveyor, of any building work which is commenced or is completed or abandoned during that month or any permit which lapses during that month.

(a)	in the case of that part of an alteration which is within an existing building, the safety, health and amenity of persons accommodated in or resorting to the building or the risk of the spread of fire to or from adjoining buildings will not be substantially adversely affected; and
(b)	in the case of that part of an alteration which is an extension to an existing building, the safety, health and amenity of persons accommodated in or resorting to the building or the risk of the spread of fire to or from adjoining buildings will not be substantially adversely affected and the floor area of the extension is not greater than—

(a)	within 2 years of the date of commencement of this regulation; or
(b)	if a contract for the sale of the dwelling or sole-occupancy unit is entered into after that commencement, within 30 days after—

(a)	by or under the Water Act 1989 it is determined as being liable to flooding however expressed; or
(b)	it is identified in a planning scheme under the Planning and Environment Act 1987 as being in an area liable to flooding; or
(c)	it is described on a sealed plan of subdivision or plan of strata subdivision or plan of cluster subdivision (as the case requires) as being liable to flooding, however expressed; or
(d)	it is designated by the relevant council as likely to be flooded by waters from—

(a)	consult with the floodplain management authority for that site; and
(b)	any flood levels declared under the Water Act 1989 or otherwise determined by the floodplain management authority, unless the

(c)	an area determined as a designated bush fire prone area in accordance with regulation 6.4; and
(d)	an area determined as likely to be subject to significant snowfalls in accordance with regulation 6.5;

(a)	amend the map for that designated special area; or
(b)	prepare a map of that designated special area created.

(a)	in paragraph (a) after "against regulations" insert "11.5,"; and
(b)	in paragraph (b) after "against regulations" insert "5.14, 11.5,"; and
(c)	in paragraph (c) after "5.13," insert "5.14, 11.5,".

(a)	in paragraph (j) for "(structural)" substitute "(unlimited)"; and
(b)	for paragraph (k) substitute— "(k) Category of builder, class of

Postal address	Postcode
Contact person	Telephone
*delete as applicable

Number	Street/road	City/suburb/town Postcode
Lot/s	LP/PS	Volume Folio
Crown allotment	Section	Parish County
Municipal District
Builder (if known)

Name	Telephone
Address	Postcode
Details of building practitioners and architects
a)	to be engaged in the building work1
Name	Category/Class Registration No.
Name	Category/Class Registration No.
b)	who were engaged to prepare documents forming part of the application for this
permit2
Name	Category/Class Registration No.

Part of building	BCA Classification
Part of building	BCA Classification
Inspection requirements
The mandatory notification stages are
Occupation or Use of building

Name	Registration No.
Business/council name	Address
Permit No.	Date of issue of permit
Signature

Stage of building work	Contract price or estimated cost of building
work $

Part of building	BCA classification
Dwelling Details (if applicable)
No. of existing dwellings	No. of dwellings to be demolished
No. of dwellings to be constructed	No. of storeys
Ground floor material	External wall material
Roof cladding material	Frame material
Registered building surveyor
Name	Registration No.
Business/council name	Address
Reference No.	Date
Signature".

PERMIT NO:	Date of issue:
Owner name:
Owner address:	Post Code: Telephone no.
Owner Builder(Y/N)
Building address:	Post Code:
Municipality: Builder registration no. Builder name1 :
Builder address1:	Post Code:

No of storeys:	Floor material: External wall material:
Roof cladding material:	Frame material: Existing dwellings:
Dwellings demolished:	New dwellings:

Permit	Commencement	Certificate of Final	Number	lapsed
Number	Date *	Inspection	(if appropriate)	(if applicable)

Statutory Rule	Title of applied, adopted or	Matter in applied,
provision	incorporated document	adopted or incorporated document
15	Victorian Code for Residential	Element 2 Building
Development—Subdivision	siting and design—
and Single Dwellings	Performance
published by the Department of	Measures 1-3, and
Planning and Housing April	5-12 and Element 8
1992	Streetscape, Performance
Measure 4
20	Practice Note No. 27 issued by	Whole
the Building Control Commission in November 1996
20	AS 3786—1993 Smoke Alarms	Whole