Building Amendment (Small Second Dwellings) Regulations 2023 (Vic)
Building Amendment (Small Second Dwellings) Regulations 2023
S.R. No. 132/2023
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Objectives
5Definitions
6New regulation 19A inserted
7Application for permit to construct or alter building
8Heading to Part 5 substituted
9What is an existing dwelling?
10Substitution of regulation 72
11Maximum street setback
12New regulation 74A inserted
13Site Coverage
14Minimum garden area
15Permeability
16Car parking
17Private open space
18New regulations 86A and 86B inserted
19Amendment to Schedule 4—Form 1
20Amendment to Schedule 4—Form 2
21Amendment to Schedule 5—Prescribed matters reported on by prescribed reporting authorities
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Endnotes
STATUTORY RULES 2023
S.R. No. 132/2023
Building Act 1993
Building Amendment (Small Second Dwellings) Regulations 2023
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 12 December 2023
Responsible Minister:
SONYA KILKENNY
Minister for PlanningSAMUAL WALLACE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Building Regulations 2018—
(a)to provide for siting, design, and access requirements for small second dwellings; and
(b)to make consequential and other 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 14 December 2023.
4Objectives
For regulation 1(e) of the Building Regulations 2018[1] substitute—
"(e)to prescribe requirements for the design, siting and access requirements for single dwellings and associated buildings and for small second dwellings; and".
5Definitions
(1)In regulation 5 of the Building Regulations 2018 insert the following definition—
"small second dwelling means a Class 1a building that is self-contained and has a gross floor area that is equal to or less than 60 m2 on the same allotment as an existing building that is a single Class 1 building that is not a small second dwelling;".
(2)In regulation 5 of the Building Regulations 2018, in paragraph (a)(i) and (ii) of the definition of recreational private open space, after "existing dwelling" insert "including a small second dwelling".
6New regulation 19A inserted
After regulation 19 of the Building Regulations 2018 insert—
"19A Exemption relating to small second dwellings
Section 25E(1)(d), (e), (f) and (g) of the Act does not apply in respect of the decision of the Authority to issue a certificate of consent under section 25C of the Act if the application for a building permit to carry out domestic building work is in relation to the construction of a small second dwelling.".
7Application for permit to construct or alter building
In regulation 25(2)(h) of the Building Regulations 2018, after "regulation 86" insert "or regulation 86A".
8Heading to Part 5 substituted
For the heading to Part 5 of the Building Regulations 2018 substitute—
"PART 5—SITING, DESIGN AND ACCESS REQUIREMENTS".
9What is an existing building?
At the end of regulation 69 of the Building Regulations 2018 insert—
"(2)In this regulation, a reference to an existing dwelling on an adjoining allotment includes a reference to a small second dwelling on the same adjoining allotment.".
10Regulation 72 substituted
For regulation 72 of the Building Regulations 2018 substitute—
"72 Application of this Division
The requirements in this Division apply to—
(a)the construction of a single Class 1 building, including a small second dwelling unless the small second dwelling is specifically excluded from any of those requirements; and
(b)any associated Class 10a buildings.".
11Maximum street setback
After regulation 73(4) of the Building Regulations 2018 insert—
"(5)This regulation does not apply in respect of the construction of a building that is a small second dwelling.".
12New regulation 74A inserted
After regulation 74 of the Building Regulations 2018 insert—
"74A Building setback for small second dwellings
(1)A small second dwelling must be set back behind the front wall of the existing dwelling on the allotment that is facing the front street.
(2)The following must not encroach into the setback distance required by subregulation (1)—
(a)porches, verandahs and pergolas;
(b)eaves, fascia and gutters;
(c)sunblinds and shade sails;
(d)permanent and fixed screens referred to in regulation 84(5)(d) or 84(6);
(e)decks, steps or landings more than 800 mm in height.
(3)The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design for a small second dwelling that does not comply with this regulation.
(4)For the purposes of this regulation, an allotment does not adjoin another allotment if its boundary only touches the boundary of the other allotment at one point (for example, at a corner).".
13Site coverage
After regulation 76(4) of the Building Regulations 2018 insert—
"(5)This regulation applies whether or not there—
(a)is one building constructed on the allotment; or
(b)are 2 buildings constructed on the allotment, one of which is a small second dwelling.".
14Minimum garden area
After regulation 76A(5) of the Building Regulations 2018 insert—
"(6)This regulation applies whether or not there—
(a)is one building constructed on the allotment; or
(b)are 2 buildings constructed on the allotment, one of which is a small second dwelling.".
15Permeability
After regulation 77(3) of the Building Regulations 2018 insert—
"(4)This regulation applies whether or not there—
(a)is one building constructed on the allotment; or
(b)are 2 buildings constructed on the allotment, one of which is a small second dwelling.".
16Car parking
After regulation 78(6) of the Building Regulations 2018 insert—
"(7)This regulation does not apply in respect of the construction of a building that is a small second dwelling.".
17Private open space
(1)For regulation 86(2) of the Building Regulations 2018 substitute—
"(2)If subregulation (1) does not apply, a Class 1 building on an allotment must have private open space—
(a)of not less than 80 m2 or 20% of the area of the allotment, whichever is the lesser, which includes an area at the side or rear of the building—
(i)that is not less than 25 m2 with a minimum dimension of 3 m; and
(ii)that has convenient access from a habitable room (other than a bedroom); or
(b)if there is a small second dwelling on the allotment, the existing dwelling must have private open space not less than an area of 25 m2 and a minimum dimension of 3 m at the side or rear of the existing dwelling with convenient access from a habitable room (other than a bedroom).".
(2)After regulation 86(3) of the Building Regulations 2018 insert—
"(4)This regulation does not apply in respect of the construction of a building that is a small second dwelling.".
18New regulations 86A and 86B inserted
After regulation 86 of the Building Regulations 2018 insert—
"86A Private open space for small second dwellings
(1)A small second dwelling must have a private open space not less than an area of 8 m2 with a minimum dimension of 1·6 m and convenient access from a habitable room (other than a bedroom).
(2)The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design for a small second dwelling that does not comply with this regulation.
86BAccessibility for small second dwellings
(1)A small second dwelling on an allotment must be provided with a clear and unobstructed path from the front street of the allotment that—
(a)has a minimum width of at least 1 m or, if the path is longer than 30 m, has a minimum width of at least 1·8 m; and
(b)has a minimum clear height of at least 2 m, with no encroachments; and
(c)has a gradient no steeper than 1 in 14; and
(d)has a cross fall no steeper than 1 in 40; and
(e)is sealed or has an all-weather access.
(2)The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design for a small second dwelling that does not comply with this regulation.".
19Amendment to Schedule 4—Form 1
In Form 1 of Schedule 4 to the Building Regulations 2018, after "Construction of swimming pool barrier o" insert "Construction of a small second dwelling o".
20Amendment to Schedule 4—Form 2
In Form 2 of Schedule 4 to the Building Regulations 2018, before "*Storeys contained" insert "Does the building work relate to a small second dwelling? [*Yes/*No]".
21Amendment to Schedule 5—Prescribed matters reported on by prescribed reporting authorities
(1)After item 2 of Part 2 of Schedule 5 to the Building Regulations 2018 insert—
| "2A | Building setback not complying with reg. 74A(1) or (2) | reg. 74A(3)". |
(2)After item 14 of Part 2 of Schedule 5 to the Building Regulations 2018 insert—
| "14A | Private open space not complying with reg. 86A(1) | reg. 86A(2) |
| 14B | Accessibility not complying with reg. 86B(1) | reg. 86B(2)". |
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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, 101/2020, 73/2021, 128/2021, 50/2022, 61/2022, 65/2023, 80/2023, 102/2023 and 122/2023.
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