Building Amendment Regulations 2021 (Vic)

Building Amendment Regulations 2021

S.R. No. 73/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Matters relevant building surveyor must consider when determining if protection work required

7Certificates of compliance—proposed building work

8Certificates of compliance—building work

9Registered building practitioner or endorsed building engineer must document performance solutions in certificate of compliance

10Evidence of suitability—certificate from professional engineer or other qualified person

11Prescribed persons carrying out inspections

12New regulations 269A and 269B inserted

13Domestic builder (manager)

14Form 6 in Schedule 4 amended

15Schedule 9 amended

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Endnotes

STATUTORY RULES 2021

S.R. No. 73/2021

Building Act 1993

Building Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 29 June 2021

Responsible Minister:

RICHARD WYNNE
Minister for Planning

SAMUAL WALLACE

Acting Clerk of the Executive Council

1Objective

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

(a)to exempt, in certain circumstances, relevant building surveyors from certain requirements of section 24A of the Building Act 1993; and

(b)to exempt, in certain circumstances, certain persons from the offence against section 169F(1) of the Building Act 1993; and

(c)to make consequential amendments relating to the commencement of the Professional Engineers Registration Act 2019; and

(d)to make other consequential amendments.

2Authorising provisions

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

3Commencement

These Regulations come into operation on 1 July 2021.

4Principal Regulations

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

5Definitions

(1)In regulation 5(1) of the Principal Regulations insert the following definitions—

"civil engineer means an endorsed building engineer registered in the area of civil engineering;

electrical engineer means an endorsed building engineer registered in the area of electrical engineering;

management condition means a condition imposed by the Authority, under section 171H of the Act, on the registration of a building practitioner in the category of builder, class of domestic builder (unlimited) that limits the practitioner's authorised scope of work to managing and arranging the carrying out of domestic building work;

mechanical engineer means an endorsed building engineer registered in the area of mechanical engineering;

relevant building permit means a building permit that is referred to in regulation 269A(1);

relevant building practitioner means a building practitioner registered under Part 11 of the Act in the category of builder, in the class of—

(a)domestic builder (manager); or

(b)domestic builder (unlimited) subject to a management condition;".

(2)In regulation 5(1) of the Principal Regulations, for the definition of fire safety engineer substitute—

"fire safety engineer means an endorsed building engineer registered in the area of fire safety engineering;".

6Matters relevant building surveyor must consider when determining if protection work required

(1)In regulation 112(g) of the Principal Regulations, for "registered building practitioner in the category of engineer, class of engineer (civil)" substitute "civil engineer".

(2)In regulation 112(h) of the Principal Regulations, for "registered building practitioner in the category of engineer, class of engineer (civil)" substitute "civil engineer".

7Certificates of compliance—proposed building work

(1)In regulation 122 of the Principal Regulations, after "practitioners" insert "or endorsed building engineers".

(2)In regulation 122(a) of the Principal Regulations, for "category of engineer, class of engineer (civil)" substitute "civil engineer".

(3)In regulation 122(b) of the Principal Regulations, for "category of engineer, class of engineer (mechanical)" substitute "mechanical engineer".

(4)In regulation 122(c) of the Principal Regulations, for "category of engineer, class of engineer (electrical)" substitute "electrical engineer".

(5)In regulation 122(d) of the Principal Regulations, for "category of engineer, class of engineer (fire safety)" substitute "fire safety engineer".

8Certificates of compliance—building work

(1)In regulation 123 of the Principal Regulations, after "practitioners" insert "or endorsed building engineers".

(2)In regulation 123(a) of the Principal Regulations, for "category of engineer, class of engineer (civil)" substitute "civil engineer".

(3)In regulation 123(b) of the Principal Regulations, for "category of engineer, class of engineer (mechanical)" substitute "mechanical engineer".

(4)In regulation 123(c) of the Principal Regulations, for "category of engineer, class of engineer (electrical)" substitute "electrical engineer".

(5)In regulation 123(d) of the Principal Regulations, for "category of engineer, class of engineer (fire safety)" substitute "fire safety engineer".

(6)In regulation 123(f) of the Principal Regulations, for "category of engineer, class of engineer (civil)" substitute "civil engineer".

9Registered building practitioner or endorsed building engineer must document performance solutions in certificate of compliance

(1)In the heading to regulation 124 of the Principal Regulations, after "practitioner" insert "or endorsed building engineer".

(2)In regulation 124 of the Principal Regulations, after "practitioner" (wherever occurring) insert "or endorsed building engineer".

10Evidence of suitability—certificate from professional engineer or other qualified person

In regulation 125 of the Principal Regulations, after "category or class" (where twice occurring) insert ", or an endorsed building engineer in the area of engineering,".

11Prescribed persons carrying out inspections

(1)In regulation 174(a) of the Principal Regulations, for "person registered under Part 11 of the Act in the category of engineer, class of engineer (civil)" substitute "civil engineer".

(2)In regulation 174(b) of the Principal Regulations, for "person registered under Part 11 of the Act in the category of engineer, class of engineer (mechanical)" substitute "mechanical engineer".

(3)In regulation 174(c) of the Principal Regulations, for "person registered under Part 11 of the Act in the category of engineer, class of engineer (electrical)" substitute "electrical engineer".

(4)In regulation 174(d) of the Principal Regulations, for "person registered under Part 11 of the Act in the category of engineer, class of engineer (fire safety)" substitute "fire safety engineer".

12New regulations 269A and 269B inserted

After regulation 269 of the Principal Regulations insert—

"269A   Relevant building surveyor exempt from certain requirements in section 24A(1) of the Act in relation to issuing certain building permits

(1)A relevant building surveyor is exempt from the following provisions of the Act, in relation to the issuing of a building permit by the relevant building surveyor during the transition period for the carrying out of domestic building work under a major domestic building contract, if the builder named in the building permit is a relevant building practitioner—

(a)section 24A(1)(a) of the Act in respect of the requirement in section 24B(4)(b) of the Act that a builder's registration authorises the carrying out of the work under a major domestic building contract;

(b)section 24A(1)(c)(ii) of the Act.

(2)In this regulation—

transition period means the period beginning on 1 July 2021 and ending on 31 January 2022.

269B Certain persons exempt from section 169F(1) of the Act

(1)An unregistered person who carries out domestic building work under and in accordance with a major domestic building contract, in partnership with a relevant building practitioner named in a relevant building permit relating to that work, is exempt from section 169F(1) of the Act with respect to the carrying out of that work.

(2)An unregistered person who is employed to carry out domestic building work under and in accordance with a major domestic building contract, by a relevant building practitioner named in a relevant building permit relating to that work, is exempt from section 169F(1) of the Act with respect to the carrying out of that work.

(3)An unregistered person who is engaged to carry out domestic building work under and in accordance with a major domestic building contract, by a relevant building practitioner named in a relevant building permit relating to that work, is exempt from section 169F(1) of the Act with respect to the carrying out of that work.".

13Domestic builder (manager)

(1)In regulation 284(1) of the Principal Regulations, for "30 June 2022" substitute "the latest day applicable under subregulation (1A)".

(2)After regulation 284(1) of the Principal Regulations insert—

"(1A)If a person to whom subregulation (1) applies is named as the builder in one or more relevant building permits or building permits issued during the period beginning on 1 July 2018 and ending on 30 June 2021, the person continues to be registered under Part 11 of the Act in the category of builder, class of domestic builder (manager) until whichever is the later of the following days—

(a)30 June 2022;

(b)the day on which an occupancy permit or certificate of final inspection is issued in relation to the last building permit;

(c)the day on which the last building permit expires.".

(3)In regulation 284(2) of the Principal Regulations—

(a)for "subregulation (1)" substitute "subregulations (1) and (1A)";

(b)for "30 June 2022" substitute "the latest day applicable under subregulation (1A)".

14Form 6 in Schedule 4 amended

In Form 6 of Schedule 4 to the Principal Regulations, for "registered building practitioner in the category of engineer, class of engineer (civil)" (where twice occurring) substitute "civil engineer".

15Schedule 9 amended

Clauses 4, 13, 14, 15 and 16 of Schedule 9 to the Principal Regulations are revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018, 180/2018, 40/2019, 116/2019, 21/2020, 42/2020, 83/2020 and 101/2020.