Building (Amendment) Regulations 1999 (Vic)
Building (Amendment) Regulations 1999
S.R. No. 74/1999
TABLE OF PROVISIONS
Regulation Page
1. Objective 1 2. Authorising provisions 1 3. Commencement 2 4. Principal Regulations 2 5. Exemptions 2 6. Use of performance requirements of the BCA 2 7. Information to accompany applications 2 8. Reporting authorities 3 9. Issue of building permit 3 10. New regulation inserted 3
2.6A Referral to the chief officer 4
11. Use of documents 4 12. Guarantees and bonds 4 13. Documents to be lodged with council 5 14. New regulation inserted (Display of certain building permits) 5
2.19 Display of certain building permits 5
15. Combined allotments 5 16. Subdivision of existing buildings 6 17. Exemptions 6 18. Alterations 6 19. New regulation 5.8 inserted 7
5.8 Alterations which affect exits and paths of travel to exits 8
20. Extension of non-complying external wall 8 21. Branding of timber 8 22. Residential care buildings 8 23. Unsewered areas 9 24. Termite areas 9 25. New regulation 8.2 substituted 9
8.2 Authorised Officers 9
26. New regulation 8.5 substituted 10
8.5 Offences 10
27. Reporting authorities 10 28. Display of occupancy permit 10
9.6 Display of occupancy permit 10
29. Change of use 12 30. Documents to be lodged with council 12
i
Regulation Page
31. Nomination of essential services in occupancy permit 13 32. Requirement to maintain essential services 13 33. New regulation 11.4A inserted 13 11.4A Display of determination 14 34. New regulations 11.5, 11.6 and 11.6A substituted 15
11.5 Owner's responsibility 15 11.6 Contents and form of annual essential services report 16 11.6A Display of annual essential services report 17
35. Building Appeals Board fees 17 36. Application of Part 17 37. Exemptions for certain building practitioners 17 38. Certificates of compliance 18 39. Schedule 2—Form 1 20 FORM 1—Application for a building permit 20 40. Schedule 2—Form 2 23 41. Schedule 2—Form 8 23 FORM 8—Certificate of final inspection 24 42. Schedule 2—Form 9 25 43. Schedule 2—Form 11 25 FORM 11—Occupancy permit 26 44. Schedule 2—Form 13 28 45. Schedule 2—New Form 15 inserted 28 FORM 15—Annual essential services report 28
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NOTES 30
ii
STATUTORY RULES 1999
S.R. No. 74/1999
Building Act 1993
Building (Amendment) Regulations 1999
The Governor in Council makes the following Regulations:
Dated: 16 June 1999Responsible Minister:
ROBERT MACLELLAN
Minister for Planning and Local Government
STACEY ROBERTSON
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 use and maintenance of buildings and places of public entertainment; and
(b)
to prescribe matters relating to the construction of buildings; and
(c)
to generally improve the operations of those Regulations.
2. Authorising provisions
These Regulations are made under sections 7, 9, 261 and 262 and Schedule 1 of the Building Act 1993.
Building (Amendment) Regulations 1999
| r. 3 | S.R. No. 74/1999 |
3. Commencement
These Regulations come into operation on 1 July
1999.
4. Principal Regulations
In these Regulations the Building Regulations
19941 are called the Principal Regulations.
5. Exemptions
In Table 1.6 of regulation 1.6 of the Principal
Regulations—
(a)
in paragraph (g), in column 2 for "Part G of the BCA" substitute "performance requirements GP1.1 and GP1.2 of Volume One of the BCA and performance requirements P2.2.4 and P2.5.3 of Volume Two of the BCA";
(b)
in paragraph (m), in column 1 for "Clause A3.2 of the BCA" substitute "clause A3.2 of Volume One of the BCA and clause 1.3.2 of Volume Two of the BCA".
6. Use of performance requirements of the BCA
In regulation 1.8(2) of the Principal Regulations in the definition of "fire performance requirement"—
(a) in paragraph (c) after "fire safety" insert "for a Class 1b building and a Class 10 building not associated with a Class 1a building"; (b) extent that it relates to fire safety for a
in paragraph (d) after "BCA" insert "(to the associated with a Class 1a building)".
7. Information to accompany applications
In regulation 2.1(3) of the Principal Regulations for paragraph (b) substitute—
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 8 "(b) documentary evidence to support the use of a
material, form of construction or design in a
form referred to in clause A2.2 of Volume
One of the BCA or clause 1.2.2 of Volume
Two of the BCA; and".
8. Reporting authorities
In regulation 2.2 of the Principal Regulations—
(a) in Table 2.2—
(i) in column 2 of the item relating to the "chief officer", for "hydrants, hose reels" substitute "fire hydrants, fire hose reels";
(ii) in column 2 of the item relating to "Council", after "unsewered area" insert "or construction of a building
over an existing reticulation system in
an unsewered area";
(b) and (b) substitute—
in sub-regulation (2) for paragraphs (a) (b) fire hose reels;".
9. Issue of building permit
In regulation 2.6 of the Principal Regulations after sub-regulation (3) insert—
"(3A) When a building permit is issued to a person
other than the owner of the allotment, the
relevant building surveyor must also forward
a copy of the permit to the owner.".
10. New regulation inserted
After regulation 2.6 of the Principal Regulations insert—
Building (Amendment) Regulations 1999
| r. 11 | S.R. No. 74/1999 |
"2.6A Referral to the chief officer
When a building permit is issued which involves the installation of fire sprinklers and the installation does not meet the deemed-to-satisfy provisions of the BCA the relevant building surveyor must forward details of the installation to the chief officer.".
11. Use of documents
In regulation 2.9 of the Principal Regulations after
"or a person authorised" insert "in writing".
12. Guarantees and bonds
In regulation 2.14 of the Principal Regulations for
sub-regulation (2) substitute—"(2) The amount of the bond or guarantee
referred to in section 22 of the Act—
(a) in the case of the demolition or removal lesser of—
(i) the estimated cost of carrying out building permit; or
(ii) $100 for every 1 m2 of floor area of the building; and
(b)
in the case of the re-erection of a building, must not exceed the lesser of—
(i) the estimated cost of carrying out building permit; or
(ii) $5000.".
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 13
13. Documents to be lodged with council
In regulation 2.15 of the Principal Regulations
after sub-regulation (1)(l) insert—"(la) a consent of the relevant building surveyor
under regulation 5.8;".
14. New regulation inserted (Display of certain building permits)
After regulation 2.18 of the Principal Regulations insert—
"2.19 Display of certain building permits
An owner of an allotment must—
(a)
ensure that a copy of a building permit for the demolition or removal of a building on the allotment is displayed on the allotment in a conspicuous position accessible to the public as soon as practicable after the owner receives a copy of that permit; and
(b)
take all reasonable steps to ensure that a copy of that permit continues to be so displayed for the duration of that building work to which the permit applies.
Penalty: 10 penalty units.".
15. Combined allotments
In regulation 3.2 of the Principal Regulations for
sub-regulation (2) substitute—"(2) In deciding whether to issue a statement
under sub-regulation (1) the municipal
building surveyor must take into account—
Building (Amendment) Regulations 1999
| r. 16 | S.R. No. 74/1999 |
(a) the structural adequacy of any building to which the statement applies; and (b) the requirements necessary to make reasonable provision for— (i) the amenity of any building and the safety and health of people using any building to which the statement applies; and
(ii) avoiding the spread of fire to or from any adjoining building.".
16. Subdivision of existing buildings
In regulation 3.3 of the Principal Regulations for
sub-regulation (3) substitute—"(3) In deciding to issue a statement under sub-
regulation (2) the municipal building
surveyor must take into account—
(a) the structural adequacy of any building to which the statement applies; and (b) the requirements necessary to make reasonable provision for— (i) the amenity of any building and the safety and health of people using any building to which the statement applies; and
(ii) avoiding the spread of fire to or from any adjoining building.".
17. Exemptions
In regulation 3.12 of the Principal Regulations, sub-regulation (3) is revoked.
18. Alterations
In regulation 5.7 of the Principal Regulations for sub-regulations (4) and (5) substitute—
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 19 "(4) The relevant building surveyor may consent to partial compliance with sub-regulation (2) or (3).
(5) In determining whether to consent to partial compliance with sub-regulation (2) or (3) in respect of any alteration to a building, the
relevant building surveyor must take into
account—
(a) the structural adequacy of the building; and (b) the requirements necessary to make reasonable provision for— (i) the amenity of the building and the safety and health of people using the building; and
(ii) avoiding the spread of fire to or from any adjoining building.
(6) If any part of the alteration is an extension to
an existing building, the relevant building
surveyor may only consent to partial
compliance in respect of the extension if the
floor area of the extension is not greater
than—
(a)
25% of the floor area of the existing building; or
(b) 1000m2—
whichever is the lesser.".
19. New regulation 5.8 inserted
After regulation 5.7 of the Principal Regulations insert—
Building (Amendment) Regulations 1999
| r. 20 | S.R. No. 74/1999 |
"5.8 Alterations which affect exits and paths of
travel to exits
(1) If a proposed alteration to a Class 2, 3, 4, 5, 6, 7, 8 or 9 building would adversely affect any exit or path of travel to an exit, the
building must comply with Section D of
Volume One of the BCA.(2) The relevant building surveyor may consent to partial compliance with sub-regulation (1).
(3) In determining whether to consent to partial
compliance with sub-regulation (1) the
relevant building surveyor must take into
account the requirements necessary to make
reasonable provision for the safety of people
using the building.".
20. Extension of non-complying external wall
In regulation 5.10 of the Principal Regulations for "Section C of the BCA" substitute "performance requirement P2.3.1 of Volume Two of the BCA".
21. Branding of timber
In regulation 5.12(2) of the Principal Regulations
for "Section B of the BCA" substitute
"performance requirement BP1.1 of Volume One
and performance requirement P2.1 of VolumeTwo of the BCA".
22. Residential care buildings
In regulation 5.15 of the Principal Regulations, for
sub-regulation (3) substitute—"(3) If the sprinkler system referred to in sub-
regulation (2) has more than 100 heads or the
building to which this regulation applies
accommodates more than 32 residents, the
sprinkler system must be connected to a fire
station or other approved monitoring service
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 23 in accordance with Practice Note No. 7
reissued by the Building ControlCommission in March 1999.".
23. Unsewered areas
In regulation 6.1 of the Principal Regulations after "unsewered area" insert "or the construction of a building over an existing reticulation system in an unsewered area".
24. Termite areas
In regulation 6.3(2) of the Principal Regulations—
(a)
for "Part B 1 of the BCA" substitute "performance requirement BP1.1 of Volume One of the BCA and performance requirement P2.1 of Volume Two of the BCA";
(b)
in paragraph (a) for "structural member" substitute "primary building element".
25. New regulation 8.2 substituted
For regulation 8.2 of the Principal Regulations
substitute—
'8.2 Authorised OfficersThe office or class of officers for the purposes of the definition of "authorised officer" in section 254 of the Act are—
(a) the Commissioner for offences against 11.6A, 11.9 and 11.10; and
(b)
the chief officer for offences against regulations 5.14, 5.15, 9.6, 11.4, 11.4A, 11.5, 11.6A, 11.9 and 11.10; and
Building (Amendment) Regulations 1999
| r. 26 | S.R. No. 74/1999 |
(c) the municipal building surveyor for 5.15, 9.6, 11.4, 11.4A, 11.5, 11.6A 11.9 and 11.10.'.
26. New regulation 8.5 substituted
For regulation 8.5 of the Principal Regulations
substitute—
"8.5 OffencesThe prescribed offences for the purposes of Division 5 of Part 13 of the Act are offences against regulations 5.13, 5.14, 5.15, 9.6,
11.4, 11.4A, 11.5, 11.6A, 11.9 and 11.10.".
27. Reporting authorities
In regulation 9.3 of the Principal Regulations—
(a)
in paragraph (a)(ii) for "the fire brigade" substitute "a fire station or other approved monitoring service"; and
(b)
in paragraph (b) after "unsewered area" insert "or the construction of a building over an existing reticulation system in an unsewered area".
28. Display of occupancy permit
For regulation 9.6 of the Principal Regulations
substitute—"9.6 Display of occupancy permit
(1) This regulation applies to—
(a)
Class 1b, 2, 3, 5, 6, 7 and 8 buildings constructed on or after 1 July 1994; and
(b) Class 9 buildings; and
(c) places of public entertainment.(2) An owner of a building or place of public entertainment must take all reasonable steps
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 28 to ensure that a copy of any current
occupancy permit in respect of that building
or place is displayed and kept displayed at an
approved location within the building or
place.Penalty: 10 penalty units.
(3) Subject to sub-regulation (5) the relevant
building surveyor must ensure that a location
approved within a building under sub-
regulation (2) is in a prominent positionaccessible to the occupants of the building.
(4) The relevant building surveyor must ensure
that a location approved within a place of public entertainment under sub-regulation (2) is in a prominent position accessible to the public.
(5) In the classes of buildings referred to in regulation 15A.1, the location approved under sub-regulation (3) may be in an area to
which access is available only with the
authorisation of the owner.
(6) An owner of a building or place of public
entertainment must ensure that a copy of any current occupancy permit is available at that building or place for inspection by the
municipal building surveyor or chief officer
at any time on request.
Penalty: 10 penalty units.(7) An owner of a building (other than a Class 9 building) or place is not required to comply with sub-regulation (2) with respect to an
occupancy permit which applied
immediately before the commencement of
the Building (Amendment) Regulations 1999
Building (Amendment) Regulations 1999
r. 29
| r. 30 | S.R. No. 74/1999 |
until the next anniversary of the date of that
occupancy permit.".
29. Change of use
In regulation 9.9 of the Principal Regulations for
sub-regulation (2) substitute—"(2) Despite sub-regulation (1), the municipal
building surveyor may exempt a building or
place of public entertainment from
compliance with any of the regulations
applicable to the new use.
(2A) In deciding whether to grant an exemption
under sub-regulation (2) the municipal
building surveyor must take into account—
(a) the structural adequacy of the building or place; and (b) the requirements necessary to make reasonable provision for— (i) the amenity of the building or place and the safety and health of people using the building or place; and
(ii) avoiding the spread of fire to or from any adjoining building.
(2B) A private building surveyor may exercise the
powers of the municipal building surveyor
under this regulation in the case of a building
or place of public entertainment for which
the private building surveyor has been
appointed to issue an occupancy permit.".
30. Documents to be lodged with council
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 33 In regulation 9.10 of the Principal Regulations
after sub-regulation (1)(l) insert—"(la) a consent of the relevant building surveyor
under regulation 5.8;".
31. Nomination of essential services in occupancy permit
(1) In regulation 11.3 of the Principal Regulations for
paragraph (b) substitute—
"(b) specifies for each essential service listed, thelevel of performance determined by the relevant building surveyor to enable the essential service to fulfil its purpose.".
(2) At the end of regulation 11.3 of the Principal
Regulations insert—
'(2) In determining the level of performance ofan essential service, the relevant building surveyor must specify the provision of the building regulations with which the
installation and operation of the essential
service is to comply and the frequency and
type of maintenance required.(3) In this regulation "provision of the building
regulations" has the same meaning as in
section 160 of the Act.'.
32. Requirement to maintain essential services
In regulation 11.4(1) of the Principal Regulations for "to which each essential service is to be maintained" substitute "and the frequency and type of maintenance required to enable the essential service to fulfil its purpose.".
33. New regulation 11.4A inserted
Building (Amendment) Regulations 1999
S.R. No. 74/1999
After regulation 11.4 of the Principal Regulations insert—
"11.4A Display of determination
(1) An owner of a building or place of public
entertainment must take all reasonable steps
to ensure that a copy of any current
determination under regulation 11.4 made in
respect of the building or place is displayed
and kept displayed at an approved location
within the building or place.
Penalty: 10 penalty units.
(2) Subject to sub-regulation (4) the relevant
building surveyor must ensure that a location
approved within a building under sub-
regulation (1) is in a prominent positionaccessible to the occupants of the building.
(3) The relevant building surveyor must ensure
that a location approved within a place of public entertainment under sub-regulation (1) is in a prominent position accessible to the public.
(4) In the classes of buildings referred to in regulation 15A.1, the location approved under sub-regulation (1) may be in an area to
which access is available only with the
authorisation of the owner.(5) An owner of a building or place of public
entertainment must ensure that a copy of any
current determination under regulation 11.4
is available at that building or place for
inspection by the municipal building
surveyor or chief officer at any time on
request.
Penalty: 10 penalty units.
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 34 (6) An owner of a building or place is not
required to comply with sub-regulation (1)
with respect to a determination under
regulation 11.4 which applied immediately
before the commencement of the Building
(Amendment) Regulations 1999 until the
next anniversary of the date of that
determination.".
34. New regulations 11.5, 11.6 and 11.6A substituted For regulation 11.5 and 11.6 of the Principal Regulations substitute—
"11.5 Owner's responsibility
An owner of a building or place of public entertainment in respect of which an occupancy permit which lists an essential service has been issued or a determination made under regulation 11.4 is applicable must ensure that—
(a) accordance with regulation 11.6 is
prepared before each anniversary of the
date of the occupancy permit oran annual essential services report in and
(b)
all annual essential services reports and records of maintenance checks, service and repair work are kept on the
premises for inspection by the
municipal building surveyor or chief
officer at any time on request.
Penalty: 10 penalty units.
Building (Amendment) Regulations 1999
| r. 34 | S.R. No. 74/1999 |
11.6 Contents and form of annual essential
services report
The annual essential services report must—
(a) be in the form of Form 15; and
(b) be signed by the owner or an agent of the owner; and (c) specify the address of the building or concerned; and
(d)
include the details of any inspection report made under regulation 11.7 in respect of the essential service; and
(e)
include a statement that the owner or an agent of the owner has taken all reasonable steps to ensure that—
(i) each essential service is operating performance; and
(ii) maintained in accordance with the
occupancy permit oreach essential service has been 11.4; and
(iii) required fire-resisting
construction, smoke curtains and
the like in the building since the
last annual essential servicesthere have been no penetrations to a building permit has been issued; and
(iv) the information contained in the report is correct.
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 35 11.6A Display of annual essential services report (1) An owner of a building or place of public
entertainment must take all reasonable steps
to ensure that a copy of any current annual
essential services report in respect of that
building or place of public entertainment is
displayed and kept displayed at an approved
location within the building or place.
Penalty: 10 penalty units.(2) The location approved under sub-regulation
(1) must be the same location as that at
which the occupancy permit, or
determination under regulation 11.4, for the
building or place is required to be
displayed.".
35. Building Appeals Board fees
(1) In regulation 12.2(1)(b) of the Principal
Regulations—
(a) for "$200" substitute "$90";
(b) for "$400" substitute "$200".
(2) In regulation 12.2(1)(f) of the Principal
Regulations—
(a) for "$300" substitute "$90";
(b) for "$600" substitute "$200".
36. Application of Part
In regulation 14.2 of the Principal Regulations in sub-regulation (c) omit "or deemed-to-comply".
37. Exemptions for certain building practitioners
In regulation 15.5 of the Principal Regulations in sub-regulation (1) after "business of carrying out domestic building work" insert "(other than
demolition or removal of a home within the
Building (Amendment) Regulations 1999
| r. 38 | S.R. No. 74/1999 |
meaning of the Domestic Building Contracts
Act 1995)".
38. Certificates of compliance
For regulation 15.7(1) of the Principal
Regulations substitute—"(1) The prescribed classes of proposed building
work and the prescribed categories and
classes of practitioners in respect of
proposed building work for the purpose ofsection 238(1) of the Act are as follows—
(a) for a certificate relating to the design or part of the design of building work relating to a structural, sewerage, water or drainage matter—category of engineer, class of civil engineer; (b) part of the design of building work
relating to a mechanical matter
including hydraulic services within afor a certificate relating to the design or of mechanical engineer;
(c)
for a certificate relating to the design or part of the design of building work relating to an electrical matter— category of engineer, class of electrical engineer;
(d)
for a certificate relating to the design or part of the design of building work relating to a fire safety matter— category of engineer, class of fire safety engineer;
(e)
for a certificate relating to the design or part of the design of any of the above classes of building work—category of building surveyor.
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 38 (1A) The prescribed classes of building work and
the prescribed categories and classes of
practitioners in respect of building work for
the purpose of section 238(1) of the Act are
as follows—
(a) inspection of domestic building work
relating to a structural, sewerage, waterfor a certificate relating to the engineer, class of civil engineer;
(b) inspection of domestic building work
relating to a mechanical matter
including hydraulic services within afor a certificate relating to the of mechanical engineer;
(c) inspection of domestic building work
relating to an electrical matter—for a certificate relating to the engineer;
(d) inspection of domestic building work
for a certificate relating to the category of engineer, class of fire safety engineer;
(e) inspection of domestic building work—
for a certificate relating to the building inspector;
(f)
for a certificate relating to the erection of a prescribed temporary structure— category of erector or supervisor
(temporary structures) in the
appropriate class.".
Building (Amendment) Regulations 1999
| r. 39 | S.R. No. 74/1999 |
39. Schedule 2—Form 1
For Form 1 of Schedule 2 of the Principal
Regulations substitute—
"FORM 1
Building Act 1993
BUILDING REGULATIONS 1994
Regulation 2.1(1)(a)
APPLICATION FOR A BUILDING PERMIT
To (Building surveyor)
From
Owner/Agent of Owner*
* delete as applicablePostal address
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 [ ]+
+ tick if applicable
Contact person Telephone Ownership Details (only if agent of owner listed above)
Owner
Postal addressPostcode Contact person Telephone
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 39
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 [ ]+ + tick if applicable Builder (if known) Name
Telephone
Postal address Postcode Building practitioners1 and/or architect (a) to be engaged in the building work2
Name Category/Class Registration No. Name Category/Class Registration No. (If a registered domestic builder carrying out domestic building work
attach details of the required insurance)(b)
who were engaged to prepare documents forming part of the application for this permit3
Name Category/Class Registration No. Name Category/Class Registration No. Nature of building work*
Construction of a new building [ ] Alterations to an existing building [ ] Demolition of a building [ ] Removal of a building [ ] Extension to an existing building [ ] Change of use of an existing building [ ] Re-erection of a building [ ] Other [ ] Proposed use of building4
* Tick if applicable or give other description
Building (Amendment) Regulations 1999
| r. 39 | S.R. No. 74/1999 |
Owner Builder5 (if applicable)
I intend to carry out the work as an owner builder. [Yes/No] 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 $ Stage of building work If application is to permit a stage of the work— Extent of stage Value of work for this stage $ Signature Signature of owner or agent Date Note 1: Building practitioner means— (a) a building surveyor; or (b) a building inspector; or (c) a quantity surveyor; or (d) an engineer engaged in the building industry; or (e)
a draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits and permit applications; or
(f) a builder; or (g)
a person who erects or supervises the erection of prescribed temporary structures; or
(h)
a person responsible for a building project or any stage of a building project and who belongs to a class of people prescribed to be building practitioners
but does not include—
(i) an architect except in Part 9 and sections 24(3) and 176(6) of the Act; or
(j)
a person (other than a domestic builder) who does not carry on the business of building.
Building (Amendment) Regulations 1999
r. 40
r. 41
S.R. No. 74/1999
Note 2: Include building practitioners with continuing involvement in the building work.
Note 3: Include only building practitioners with no further involvement in the building work.
Note 4: The use of the building may also be subject to additional requirements under other legislation such as the Liquor Control Reform
Act 1998 and the Dangerous Goods Act 1985.
Note 5: If an owner builder, restrictions on the sale of the property apply under section 137B of the Act. Section 137B also prohibits an owner builder of domestic building work from selling the building within 6½ years from the date of completion of the relevant works unless they have satisfied certain
requirements including obtaining compulsory insurance. The Building providers.".
40. Schedule 2—Form 2
In Form 2 of Schedule 2 of the Principal
Regulations—
(a) after "Owner/Agent of owner*
Postal address Postcode" insert— "Address for serving or giving of documents
Postcode";
(b)
after "(insert name of policy issuer or provider)" insert—
"Details of relevant planning permit (delete if not
applicable)
Planning permit no. Date of grant of planning permit".
41. Schedule 2—Form 8
Building (Amendment) Regulations 1999
S.R. No. 74/1999
For Form 8 of Schedule 2 of the Principal
Regulations substitute—
"FORM 8
Building Act 1993
BUILDING REGULATIONS 1994
Regulation 7.3
CERTIFICATE OF FINAL INSPECTION
To
Owner
Postal address
Postcode
Copy to
Agent of owner
Postal address
Postcode
Property details
Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal District
Description of building work
Part of building Permitted use BCA Class Part of building Permitted use BCA Class Display of certificate of final inspection
For a building or place of public entertainment, which has a required essential service, the approved location for display of this certificate and the annual essential services report (if applicable) is
Directions
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 42
All directions under Part 4 of the Building Act 1993 have been complied with.
Relevant Building Surveyor
Name Registration No. Postal address
Postcode
Signature
Certificate
Certificate No.
Date of inspection
Date of issue .". 42. Schedule 2—Form 9
In Form 9 of Schedule 2 of the Principal
Regulations after Note 2 insert—"3. If any required additional steps have been taken and
the penalty has been paid within the required time the
offence will be expiated and no conviction for the
offence will be recorded. However, the authorised
officer may serve a summons where failure to expiate
an offence occurs.".
43. Schedule 2—Form 11
For Form 11 of Schedule 2 of the Principal
Regulations substitute—
Building (Amendment) Regulations 1999
| r. 43 | S.R. No. 74/1999 |
"FORM 11
Building Act 1993
BUILDING REGULATIONS 1994
Regulation 9.5
OCCUPANCY PERMIT
To
Owner
Postal address Postcode Contact person Telephone Copy to Agent of owner (if applicable) Postal address Postcode From Relevant building surveyor Postal address Postcode Property details
Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County
Municipal District Building details* Part of building
Use
BCA Class
Allowable floor loading No. of people deemed accommodated Part of building
Use BCA Class Allowable floor loading No. of people deemed accommodated * complete this portion only if an occupancy permit is required under
Division 1 of Part 5 of the Building Act 1993
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 43
Places of Public Entertainment**
Place of Public Entertainment Type of temporary structure Public entertainment to be conducted Class of public entertainment Period of operation of this permit
** complete the applicable parts of this portion only if an occupancy permit
is required under Division 2 of Part 5 of the Building Act 1993
Conditions
Occupation is subject to the following conditions
(1) Essential services Essential services must be maintained in accordance with the following table:
BCA or other provision to
which essential service has Frequency and type
Essential been installed and is to of maintenance service operate required
(2) Other conditions (delete if not applicable) Display of occupancy permit
For a building or place of public entertainment which has a required essential service the approved location for display of this permit and the annual essential services report (if applicable) is
Suitability for occupation
The building or part of a building to which this certificate applies is suitable for occupation.
Signature of relevant building surveyor Registration No. Occupancy Permit No. Date of inspection Date of issue .".
Building (Amendment) Regulations 1999
| r. 44 | S.R. No. 74/1999 |
44. Schedule 2—Form 13
In Form 13 of Schedule 2 of the Principal
Regulations for "CERTIFICATE OF
COMPLIANCE—DOCUMENTS" substitute
"CERTIFICATE OF COMPLIANCE—DESIGN".
45. Schedule 2—New Form 15 inserted
After Form 14 of Schedule 2 of the Principal
Regulations insert—
"FORM 15
Building Act 1993
BUILDING REGULATIONS 1994
Regulation 11.6
ANNUAL ESSENTIAL SERVICES REPORT
This report is in relation to Occupancy Permit No. issued or determination made under regulation 11.4 dated and is required to be prepared before each anniversary of the date of that occupancy permit or
determination.
Maintenance personnel details
The following personnel carried out maintenance on the essential services in this building during the preceding 12 months.
Essential service Name Address Details of any inspection report made under regulation 11.7
Compliance
I hereby state that I have/the owner has* taken all reasonable steps to ensure that—
* delete as applicable
(i) each essential service is operating at the required level of performance; and
Building (Amendment) Regulations 1999
S.R. No. 74/1999 r. 45
(ii) each essential service has been maintained in accordance with the occupancy permit or determination under regulation 11.4; and
(iii) there have been no penetrations to required fire-resisting construction, smoke curtains and the like in the building since the last essential services report, other than those for which a building permit has been issued; and
(iv) the information contained in this report is correct.
Signature
Owner/agent of owner*
* delete as applicable
Date .".
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Building (Amendment) Regulations 1999
| Notes | S.R. No. 74/1999 |
NOTES
1 Reg. 4: S.R. No. 81/1994. Reprint No. 4 as at 14 May 1998.
——
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 1994
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the SubordinateLegislation Regulations 1994.
Statutory Rule Title of applied, adopted or Matter in Provision incorporated document applied,
adopted or
incorporated
documentRegulation 5 Building Code of Australia Performance 1996 published by the Requirements Australian Building Codes GP1.1 and Board— GP1.2 and (a) as amended or remade clause A3.2 of
from time to time; and Volume One;
and(b) as amended by the Performance Victoria Appendix 1996 to Requirements that Code published by P2.2.4 and that Board as that P2.5.3 and Appendix is amended or clause 1.3.2 of remade from time to time. Volume Two.
Building (Amendment) Regulations 1999
S.R. No. 74/1999
NOTES—continued
Statutory Rule Title of applied, adopted or Matter in Provision incorporated document applied,
adopted or
incorporated
documentRegulation 7 Building Code of Australia Clause A2.2 of 1996 published by the Volume One; Australian Building Codes and clause 1.2.2 Board— of Volume
Two.
(a)
as amended or remade from time to time; and
(b) as amended by the
Victoria Appendix 1996 to
that Code published by
that Board as that
Appendix is amended or
remade from time to time.
Regulation 19 Building Code of Australia Section D of 1996 published by the Volume One. Australian Building Codes
Board—
(a)
as amended or remade from time to time; and
(b) as amended by the
Victoria Appendix 1996 to
that Code published by
that Board as that
Appendix is amended or
remade from time to time.
Building (Amendment) Regulations 1999
S.R. No. 74/1999
NOTES—continued
Statutory Rule Title of applied, adopted or Matter in Provision incorporated document applied,
adopted or
incorporated
documentRegulation 20 Building Code of Australia Performance 1996 published by the Requirement Australian Building Codes P2.3.1 of Board— Volume Two.
(a)
as amended or remade from time to time; and
(b) as amended by the
Victoria Appendix 1996 to
that Code published by
that Board as that
Appendix is amended or
remade from time to time.
Regulations 21 Building Code of Australia Performance and 24 1996 published by the Requirement Australian Building Codes BP1.1 of Board— Volume One; (a) as amended or remade and
from time to time; and Performance (b) as amended by the Requirement Victoria Appendix 1996 to P2.1 of Volume that Code published by Two. that Board as that
Appendix is amended or
remade from time to time.
Regulation 22 Practice Note No. 7 re-issued Whole. by the Building Control
Commission in March 1999.
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0
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