Building Amendment Regulations 2018 (Vic)

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Building Amendment Regulations 2018

S.R. No. 75/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Additional information to accompany application for permit

6New regulations 36A and 36B inserted

7Regulation 42 substituted

8Documents to be given to council

9Information the relevant building surveyor must give to the Authority

10New regulation 47A inserted

11Protection work notices

12Shared accommodation buildings—automatic fire suppression systems

13Documents to be given to council

14Regulations 155 and 253 revoked

15Regulations 254 and 255 substituted

16Conditions of registration

17New regulation 256A inserted

18New Division 1A inserted in Part 18

19Updating of references

20Division 3 of Part 18 substituted and new Division 3A inserted

21Duplicate certificate fee

22Regulation 268 substituted

23Regulations 269 and 270 revoked

24Authorised officers and prescribed offences

25Schedule 3—Exemptions for building work and buildings

26Schedule 4—substitution of Forms 1 and 2

27Schedule 4—amendments to Forms 5, 20 and 21

28Amendments to Schedule 9—Prescribed classes of building practitioners and prescribed qualifications

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Endnotes

STATUTORY RULES 2018

S.R. No. 75/2018

Building Act 1993

Building Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 13 June 2018

Responsible Minister:

RICHARD WYNNE
Minister for Planning

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

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

(a)to make consequential amendments arising from the commencement of the Building Amendment (Enforcement and Other Measures) Act 2017

(i)to prescribe information and notice requirements relating to building practitioners and building permits; and

(ii)to prescribe matters relating to the Register of Building Practitioners and certificates of registration; and

(iii)to update prescribed forms; and

(b)to prescribe an infringement offence in relation to the display of building permit information; and

(c)to prescribe certain offences against the Occupational Health and Safety Act 2004 as grounds for disciplinary action or immediate suspension of registration; and

(d)to update provisions and revoke redundant provisions; and

(e)to make other miscellaneous amendments.

2Authorising provisions

These Regulations are made under sections 7, 261 and 262 of, and Schedule 1 to, the Building Act 1993.

3Commencement

(1)These Regulations (except regulations 5 to 10, 12 to 23, 26 and 28) come into operation on the day on which they are made.

(2)Regulations 5 to 10, 12 to 23, 26 and 28 come into operation on 1 July 2018.

4Principal Regulations

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

5Additional information to accompany application for permit

(1)For regulation 29(f) of the Principal Regulations substitute

"(f)evidence that the building work is to be carried out under the permit by a builder who is specified under section 24B of the Act for that work;

(fa)an extract of the major domestic building contract (if applicable) showing the names of the parties to the contract under which the proposed building work under the permit is to be carried out;

(fb)a copy of the certificate of insurance (if applicable) from an insurer providing the required insurance in relation to the proposed building work to be carried out under the permit;".

(2)In regulation 29(g)(iv) of the Principal Regulations, for "regulation 155" substitute "section 192A of the Act".

6New regulations 36A and 36B inserted

Before regulation 37 in Division 4 of Part 4 of the Principal Regulations insert

"36A   Manner in which relevant building surveyor may be satisfied of builder's insurance details

For the purposes of section 24A(2) of the Act, the relevant building surveyor may be satisfied of the matters in section 24A(1)(c)(i) of the Act by examining—

(a)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

(b)a copy of the certificate of insurance from an insurer providing the required insurance in relation to the proposed building work.

36BSpecification of builders in relation to specific building work

For the purposes of paragraph (a) of the definition of prescribed amount in subsection 24B(8) of the Act, the amount is $10 000.".

7Regulation 42 substituted

For regulation 42 of the Principal Regulations substitute

42Owner to notify of change of details or owner"

An owner of a building or land to which a building permit relates must notify the relevant building surveyor within 14 days after—

(a)any change—

(i)in the name of the owner; or

(ii)in the postal address of the owner; or

(iii)in the address for serving or giving documents to the owner; or

(b)the owner has transferred the ownership in the building or land.

Penalty:    10 penalty units.".

8Documents to be given to council

(1)In regulation 44(1)(a) of the Principal Regulations, for "25A(1)" substitute "25A(2)".

(2)In regulation 44(1)(b) of the Principal Regulations, for "25A(2)" substitute "25AB(2)".

(3)Regulation 44(1)(c) of the Principal Regulations is revoked.

(4)In regulation 44(2) of the Principal Regulations, after "section 30(1A) of the Act" insert "in relation to a document prescribed in subregulation (1)".

(5)After regulation 44(2) of the Principal Regulations insert

"(3)The following documents are prescribed for the purposes of section 30(1A) of the Act in relation to a building permit for which an occupancy permit is not required—

(a)a notice given to the relevant building surveyor under section 25A(2) of the Act;

(b)a notice given to the relevant building surveyor under section 25AB(2) of the Act.

(4)The prescribed time for the purposes of section 30(1A) of the Act in relation to a document prescribed in subregulation (3) is 7 days after the relevant building surveyor issues a certificate of final inspection in relation to the building work.".

9Information the relevant building surveyor must give to the Authority

(1)In regulation 47(1)(b)(i) of the Principal Regulations, for "regulation 155" substitute "section 192A of the Act".

(2)In regulation 47(1)(b)(iii) of the Principal Regulations, for "shelter." substitute "shelter; and".

(3)After regulation 47(1)(b) of the Principal Regulations insert

"(c)details of any notice given to the relevant council under section 80A(3)(a) or (4)(a) of the Act during that month, if the relevant building surveyor is a registered body corporate.".

10New regulation 47A inserted

After regulation 47 of the Principal Regulations insert

"47A   Relevant building surveyor must notify Authority and relevant council of certain information

(1)For the purposes of section 25AD(1) of the Act, the following events are prescribed—

(a)the builder named in a building permit ceases to be engaged to carry out the building work to which the permit relates;

(b)the relevant building surveyor changes the builder named on a building permit.

(2)For the purposes of section 25AD(1) of the Act, the following information is prescribed—

(a)if the builder named in a building permit ceases to be engaged to carry out building work to which the permit relates—

(i)the building permit number; and

(ii)the address of the building or land to which the building permit relates; and

(iii)the builder named in the building permit; and

(iv)the day that the builder named in the building permit ceased to be engaged to carry out the building work;

(b)if the relevant building surveyor changes the builder named on a building permit—

(i)the building permit number; and

(ii)the address of the building or land to which the building permit relates; and

(iii)the name of the builder named in the building permit and the builder's registration number (if applicable); and

(iv)the day on which the relevant building surveyor changed the name of the builder named in the building permit.".

11Protection work notices

In regulations 113(1), 114(1) and 115(a) of the Principal Regulations, for "accordance with" substitute "the form of".

12Shared accommodation buildings—automatic fire suppression systems

(1)In regulations 147(4)(e) and (5)(g) of the Principal Regulations omit "in accordance with Practice Note 2008-13 issued by the Building Commission in November 2008".

(2)After regulation 147(6) of the Principal Regulations insert

"(7)In this regulation—

management plan means a plan that includes the following information—

(a)contact details for emergency services including fire, ambulance and police;

(b)24-hour contact details of the manager of the shared accommodation building;

(c)a list of the type of fire protection equipment available for the shared accommodation building;

(d)a map showing the location of fire protection equipment available for the shared accommodation building;

(e)a warning that fire protection equipment must be kept clear of obstructions at all times;

(f)a program of annual training to ensure that any staff of the shared accommodation building know how to operate the fire protection equipment available for the shared accommodation building;

(g)an emergency plan that complies with subregulation (8);

(h)a program of evacuation drills to ensure the efficacy of the emergency plan.

(8)For the purposes of subregulation (7)(g), an emergency plan must—

(a)comply with AS 3745—2010 Planning for emergencies in facilities published on 25 November 2010, as in force or as issued from time to time; or

(b)include the following information—

(i)a map of the shared accommodation building that identifies the location of all exits from the shared accommodation building;

(ii)a map that identifies the assembly point at which occupants of the shared accommodation building must meet in the event of an evacuation;

(iii)details of the actions any staff must take to notify building occupants of an evacuation, in the event of an evacuation;

(iv)details of the stages of the evacuation warning system and the actions that must be taken at each stage, if an evacuation warning system is installed in the building.".

13Documents to be given to council

(1)In regulation 203(a) of the Principal Regulations, for "25A(1)" substitute "25A(2)".

(2)In regulation 203(b) of the Principal Regulations, for "25A(2)" substitute "25AB(2)".

(3)Regulation 203(c) of the Principal Regulations is revoked.

14Regulations 155 and 253 revoked

Regulations 155 and 253 of the Principal Regulations are revoked.

15Regulations 254 and 255 substituted

For regulations 254 and 255 of the Principal Regulations substitute

"254   Information to accompany application for registration

For the purposes of section 170A(e) of the Act, an application for registration under section 170 of the Act must be accompanied by the following information—

(a)any evidence or proof of identity of the applicant that is required by the Authority;

(b)a certified copy of each licence or registration to carry out building work outside of Victoria (if any);

(c)the usual place of business of the applicant;

(d)the business postal address of the applicant;

(e)the telephone number of the applicant;

(f)if the applicant is a natural person—

(i)any information about the applicant's work or employment history and experience in the building industry inside or outside Victoria, including any technical referee report, that is required by the Authority; and

(ii)a certified copy of any academic qualifications for the purposes of section 171(1)(a) of the Act; and

(iii)the residential address of the applicant;

(g)if the applicant is a body corporate—

(i)the ACN or ARBN of the body corporate; and

(ii)the name of each director of the body corporate; and

(iii)the registration number of each nominee director of the body corporate;

(h)if the applicant carries on business, or intends to carry on business, as a building practitioner as a member of a partnership—

(i)the name of the partnership; and

(ii)the usual place of business of the partnership; and

(iii)the name of each member of the partnership; and

(iv)the registration number of each member of the partnership (if applicable); and

(v)the address of each member of the partnership;

(i)a certified copy of any other document being relied on by the applicant in support of the application.

255Certificate of registration

The prescribed information for the purposes of section 171G(2)(c) of the Act is—

(a)the name of the registered person; and

(b)the registration number of the registered person; and

(c)the category and class of registration; and

(d)any condition that applies to the registration; and

(e)the commencement date of the registration; and

(f)the expiry date of the registration.".

16Conditions of registration

In regulation 256 of the Principal Regulations—

(a)for "170A(a)" substitute "171H(1)(a)";

(b)for "172" substitute "171G".

17New regulation 256A inserted

After regulation 256 of the Principal Regulations insert

"256A   Authority to be advised of nominee director changes

(1)For the purposes of section 175C(a) of the Act the prescribed information is—

(a)the name and registration number of the person who has ceased to be a nominee director; and

(b)the day on which the person ceased to be a nominee director.

(2)For the purposes of section 175C(b) of the Act the prescribed information is—

(a)the name and registration number of any new nominee director appointed and the day on which the appointment was made; and

(b)the name and registration number of any person who has ceased to be appointed as a nominee director and the day on which the appointment ceased.".

18New Division 1A inserted in Part 18

After regulation 256A of the Principal Regulations insert

"Division 1A—Register of Building Practitioners

256BThe Register of Building Practitioners

For the purposes of section 175(2) of the Act, the Register of Building Practitioners must include the following information relating to a person who is a registered building practitioner—

(a)the registration number of the person;

(b)any condition that applies to the registration of the person;

(c)the residential address of the person;

(d)the usual place of business of the person;

(e)the business postal address of the person;

(f)the telephone number of the person;

(g)if the person is a body corporate—

(i)the name of each nominee director of the body corporate; and

(ii)the name of each director of the body corporate;

(h)if the person carries on business as a building practitioner as a member of a partnership—

(i)the name of the partnership; and

(ii)the usual place of business of the partnership; and

(iii)the name of each member of the partnership; and

(iv)the registration number of each member of the partnership (if applicable); and

(v)the address of each member of the partnership;

(i)the commencement date of the registration;

(j)the expiry date of the registration;

(k)whether the registration is in force, suspended, surrendered or cancelled;

(l)if the registration is suspended—

(i)the date the registration was suspended; and

(ii)the reason the registration was suspended; and

(iii)the date the registration ceased to be suspended (if applicable);

(m)the date the registration was surrendered (if applicable);

(n)if the registration is cancelled—

(i)the date the registration was cancelled; and

(ii)the reason the registration was cancelled.

256CPublication of information on Register of Building Practitioners

(1)For the purposes of section 175D(1) of the Act, the prescribed information in relation to a person who is a registered building practitioner is—

(a)the name of the person; and

(b)the registration number of the person; and

(c)the category and class of registration of the person; and

(d)any condition on the registration of the person; and

(e)the business postal address of the person; and

(f)the telephone number of the person; and

(g)the name of each nominee director, if the person is a body corporate; and

(h)if the person carries on business as a building practitioner as a member of a partnership—

(i)the name of the partnership; and

(ii)the name of each member of the partnership; and

(iii)the registration number of each member of the partnership (if applicable); and

(iv)the usual place of business of the partnership; and

(i)the commencement date of the registration; and

(j)the expiry date of the registration; and

(k)whether the registration is in force, suspended, surrendered or cancelled; and

(l)if the registration is suspended—

(i)the date the registration was suspended; and

(ii)the reason the registration was suspended; and

(iii)the date the registration ceased to be suspended (if applicable); and

(m)the date the registration was surrendered (if applicable); and

(n)if the registration is cancelled—

(i)the date the registration was cancelled; and

(ii)the reason the registration was cancelled.

(2)For the purposes of section 175D(2) of the Act, the prescribed information in relation to a person who is a registered building practitioner is—

(a)details of any criminal sanction imposed on the person; and

(b)details of any disciplinary sanction imposed on the person.".

19Updating of references

(1)In regulation 257 of the Principal Regulations, for "170" substitute "171".

(2)In regulation 258 of the Principal Regulations, for "170(1)(b)(i)" substitute "171(1)(a)(i)".

20Division 3 of Part 18 substituted and new Division 3A inserted

For Division 3 of Part 18 of the Principal Regulations substitute

"Division 3—Requirements for advertising and written statements

262Advertisements or written statements by registered building practitioners

For the purposes of section 169H(c) of the Act, the name and registration number of the registered building practitioner must be clearly legible in the advertisement or statement.

263Advertisements or written statements by partnerships

For the purposes of section 169I(c) of the Act, the name and registration number of the registered building practitioner must be clearly legible in the advertisement or statement.

Division 3A—Probity and discipline

263AAuthority must be notified of probity matters

(1)A relevant person must notify the Authority in writing within 14 days after any of the following occurs—

(a)the person is convicted or found guilty of an offence referred to in regulation 263B;

(b)the person is convicted or found guilty (whether in Victoria or outside Victoria) of any offence involving fraud, dishonesty, drug trafficking or violence that is punishable by imprisonment for 6 months or more;

(c)the person is convicted or found guilty of an offence under any law regulating building work or building practitioners;

(d)the person has any registration, licence, approval, certificate or other authorisation as a building practitioner suspended or cancelled for any reason other than a failure by the person to renew the registration, licence, approval, certificate or other authorisation;

(e)the person is convicted or found guilty of an offence against—

(i)section 53, 55, 55A, 56, 58 or 60 of the Trade Practices Act 1974 of the Commonwealth; or

(ii)section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of the Australian Consumer Law (Victoria); or

(iii)section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;

(f)the person becomes subject to an order of a court or VCAT under the following enactments that has not been complied with within the period required by the court or VCAT—

(i)the Act or these Regulations; or

(ii)the Domestic Building Contracts Act 1995 or the regulations under that Act;

(g)the person is disqualified from managing corporations under Part 2D.6 of the Corporations Act;

(h)an insurer declines, cancels, or imposes special conditions in relation to, the provision of professional indemnity insurance, public liability insurance or any other indemnity insurance in relation to the person in relation to work as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or Territory;

(i)the person has outstanding—

(i)any judgment debt for an amount recoverable by an insurer under a policy of insurance for domestic building work referred to in section 137A or 137B of the Act that is not satisfied within the period required for satisfaction of that debt; or

(ii)any judgment debt for an amount owed to the Authority as a debt due under this Act that has not been satisfied within the period required for satisfaction of that debt; or

(iii)any judgment debt for an amount payable in relation to a domestic building dispute that is not satisfied within the period required for satisfaction of that debt; or

(iv)any amount payable under any dispute resolution order (within the meaning of the Domestic Building Contracts Act 1995) or VCAT order requiring the payment of an amount in relation to a domestic building dispute that is not paid within the period required for compliance with that order; or

(v)any unpaid adjudicated amount due to be paid under the Building and Construction Industry Security of Payment Act 2002 if—

(A)the period for making an adjudication review application under that Act in relation to that amount has expired; and

(B)the person has not made an adjudication review application in relation to that amount within that period.

Penalty:10 penalty units.

(2)A relevant person must notify the Authority in writing without delay after—

(a)the person becomes an insolvent under administration; or

(b)the person becomes an externally administered body corporate within the meaning of the Corporations Act; or

(c)the person is convicted or found guilty of an offence against section 32 of the Occupational Health and Safety Act 2004; or

(d)the person is convicted or found guilty (whether in Victoria or outside Victoria) of an indictable offence involving fraud, dishonesty, drug trafficking or violence; or

(e)the person ceases to be covered by the required insurance; or

(f)the person becomes an excluded person.

Penalty:10 penalty units.

(3)In this regulation—

relevant person means—

(a)a registered building practitioner; or

(b)a director of a registered body corporate; or

(c)a member of a partnership, which includes a person who carries on business as a building practitioner, other than that person.

263BGrounds for disciplinary action

The prescribed provisions for the purposes of section 179(1)(a)(iii) of the Act are sections 21(1), 23(1), 24(1), 25(1), 25(2), 26(1), 27(1) and 28(1) of the Occupational Health and Safety Act 2004.

263CGrounds for immediate suspension

(1)The prescribed provisions for the purposes of section 180(b)(i) of the Act are sections 172(1)(a) and (b) of the Act.

(2)The prescribed provision for the purposes of section 180(b)(iii) of the Act is section 32 of the Occupational Health and Safety Act 2004.".

21Duplicate certificate fee

In regulation 266 of the Principal Regulations, for "172(7)" substitute "171J(a)(ii)".

22Regulation 268 substituted

For regulation 268 of the Principal Regulations substitute

"268   Relevant building surveyor exempt from section 24A in relation to certain types of building work

When issuing a permit for building work referred to in section 24B(3) of the Act, a relevant building surveyor is not required to be satisfied that the building work is to be carried out by a builder who is a registered building practitioner as required under section 24B(3)(a) of the Act if the building work is to be carried out by a builder who is solely engaged in the business of constructing Class 10 buildings other than a Class 10b structure constructed for the purpose of displaying a sign.".

23Regulations 269 and 270 revoked

Regulations 269 and 270 are revoked.

24Authorised officers and prescribed offences

In regulations 276(a), 276(c) and 277 of the Principal Regulations, after "41(1)," insert "41(2),".

25Schedule 3—Exemptions for building work and buildings

(1)In column 3 of items 4 and 15 to 19 of the Table in Schedule 3 to the Principal Regulations, for "Parts 2" substitute "Parts 3".

(2)In column 3 of item 14 of the Table in Schedule 3 to the Principal Regulations, for "Parts 2 to 19" substitute "Parts 3 to 19 except Part 5".

26Schedule 4—substitution of Forms 1 and 2

For Forms 1 and 2 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

Email

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

Email

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
or spa  o

Other [give description]               o

Alterations to an existing
building  o

Removal of a building             o

Change of use of an existing
building  o

Construction of swimming pool or spa barrier                  o

Proposed use of building

*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  $

Stage of building work

If application is to permit a stage of the work—

Extent of stage

Cost of work for this stage  $

Signature

Signature of applicant  

Date

* Delete if inapplicable

Tick if applicable

FORM 2

Regulation 37(1)

Building Act 1993

Building Regulations 2018

BUILDING PERMIT

Issued to

*Owner/*Agent of owner

*ACN/*ARBN

Postal address

Postcode

Email

Address for serving or giving of documents

Postcode

Contact person   Telephone

*Ownership details (if person issued with permit is not the owner)

Owner

*ACN/*ARBN

Postal address

Postcode

Email

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

Name  Telephone

*ACN/*ARBN

*Building practitioner registration no.

Postal address  Postcode

*This builder is specified under section 24B[state precise subsection] of the Building Act 1993 for the building work to be carried out under this permit.

*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.

*Details of domestic building work insurance

Name of builder        Name of issuer or provider

Policy number  Policy cover          $

*Details of relevant planning permit

Planning permit no.  Date of grant of planning permit

Nature of building work

Construction of a *new building/*extension/*alteration/*change of use/*demolition/*removal/*re-erection of a building

*Storeys contained

*Rise in storeys (for Class 2-9 building only)

*Effective height

*Type of construction

Version of BCA applicable to permit

Stage of building work permitted            Cost of building work $

Total floor area of new building work in m2

Building classification

Part of building  BCA Classification

Part of building  BCA Classification

*Performance solution

A performance solution was used to determine compliance with the following performance requirements of the BCA that relate to the building to which this permit applies:

Relevant performance requirement Details of performance solution
[Insert details of performance solution(s) including applicable materials, systems, methods of building, procedures, specifications and other relevant requirements]

*Building Appeals Board determinations and orders

The following determinations and orders of the Building Appeals Board (the BAB) relate to the building work to which this permit applies:

Date of determination or order Determination or order Section of the Building Act 1993 under which application to BAB made
[Insert details of determination or order including applicable materials, systems, methods of building, procedures, specifications and other relevant requirements]

*Prescribed reporting authorities

The following bodies are prescribed reporting authorities for the purposes of the application for this permit in relation to the matters set out below:

Reporting authority Matter reported on or consented to Regulation no.

*Combined allotment determination

A determination has been made under regulation 64(1) in relation to the building work that is the subject of this permit.

*Subdivision of existing building

This building permit authorises building work that involves the subdivision of an existing building.

An exemption has been issued under regulation 231 in relation to the building work that is the subject of this permit.

*Exemption from, or consent to partial compliance with, certain requirements

The following exemption from, or a consent to partial compliance with, certain requirements of the Building Regulations 2018 was granted or given under regulation 229(2), 231(2), 233(3) or 234(2) of the Building Regulations 2018 in relation to the building work to which this permit applies:

Part or whole of building or place of public entertainment or building work exempt from, or given consent to partial compliance with, requirements of the Building Regulations 2018 Nature and scope of exemption
[Specify the relevant regulation/ BCA performance requirement which the building, place of public entertainment or building work is exempt from or may partially comply with]

Protection work

Protection work *is/*is not required in relation to the building work proposed in this permit.

Inspection requirements

The mandatory notification stages are

[insert mandatory stages].

Occupation or use of building

An *occupancy permit/*certificate of final inspection is required prior to the occupation or use of this building.

If an occupancy permit is required, the permit is required for the *whole/*part of the building in relation to which the building work is carried out.

Commencement and completion

This building work must commence by [insert commencement date].

If the building work to which this building permit applies is not commenced by this date, this building permit will lapse unless an extension is applied for and granted by the relevant building surveyor before this date under regulation 59 of the Building Regulations 2018.

This building work must be completed by [insert completion date].

If the building work to which this building permit applies is not completed by this date this building permit will lapse, unless an extension is applied for and granted by the relevant building surveyor before this date under regulation 59 of the Building Regulations 2018.

*Conditions

This permit is subject to the following conditions

[insert conditions].

Relevant building surveyor

Name: [insert full name]

*ACN/*ARBN

Address:

Email:

Building practitioner registration no.:

*Municipal district/*council name:

*Designated building surveyor:

*Name: [insert full name]  Building practitioner registration number:

Permit no.:  Date of issue of permit:

Signature:

* Delete if inapplicable".

27Schedule 4—amendments to Forms 5, 20 and 21

(1)In Form 5 of Schedule 4 to the Principal Regulations, for "I am the municipal building surveyor" substitute "I am the *municipal building surveyor/*private building surveyor".

(2)In Forms 20 and 21 of Schedule 4 to the Principal Regulations, for "Signature of building practitioner" substitute "Signature".

28Amendments to Schedule 9—Prescribed classes of building practitioners and prescribed qualifications

(1)After clause 13(a)(vii) of Schedule 9 to the Principal Regulations insert

"(viia)a Master of Engineering (structural) from The University of Melbourne; or".

(2)After clauses 20(a)(i), 21(1)(a)(i) and 22(a)(i) of Schedule 9 to the Principal Regulations insert

"(ia)a Bachelor of Construction Management (Honours) from Deakin University; or".

(3)In clause 29(1)(a)(ii) of Schedule 9 to the Principal Regulations, for "(AHC50610)" substitute "(AHC50616)".

(4)For clause 57(3)(a) of Schedule 9 to the Principal Regulations substitute

"(a)install bulk insulation and pliable membrane products (CPCCPB3014); and".

(5)In clause 57(3)(c) of Schedule 9 to the Principal Regulations, for "(CPCCPB3027A)." substitute "products (CPCCPB3027).".

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Endnotes


[1] Reg. 4: S.R. No. 38/2018.

——

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.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 12 of the Building Amendment Regulations 2018 which amends regulation 147 of the Building Regulations 2018 AS 3745—2010 Planning for emergencies in facilities published by Standards Australia Ltd on 25 November 2010, as amended on 1 May 2014 The whole
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