Building Amendment (Social Housing Building Permit Levy Exemption and Other Matters) Regulations 2020 (Vic)
Building Amendment (Social Housing Building Permit Levy Exemption and Other Matters) Regulations 2020
S.R. No. 101/2020
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5Definitions
6Revocation of regulation 254A
7New regulation 281A inserted
8New regulations 281B, 281C and 281D inserted
9Schedule 4—Form 1 substituted
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Endnotes
STATUTORY RULES 2020
S.R. No. 101/2020
Building Act 1993
Building Amendment (Social Housing Building Permit Levy Exemption and Other Matters) Regulations 2020
The Governor in Council makes the following Regulations:
Dated: 29 September 2020
Responsible Minister:
RICHARD WYNNE
Minister for PlanningCLAIRE CHISHOLM
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Building Regulations 2018—
(a)to, in certain circumstances, exempt building practitioners from having to pay fees relating to registration;
(b)to exempt certain building work from the imposition of the building permit levy payable under section 205G(2A) of the Act; and
(c)to require the Authority to refund building permit levies paid in certain circumstances; and
(d)to exempt the Authority from the requirements under section 205I(1)(b) and (2)(b) of the Act in certain circumstances; and
(e)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
(1)These Regulations (except regulation 7) come into operation on the day on which they are made.
(2)Regulation 7 comes into operation on 30 September 2020.
4Principal Regulations
In these Regulations, the Building Regulations 2018[1] are called the Principal Regulations.
5Definitions
In regulation 5(1) of the Principal Regulations insert the following definitions—
"Director of Housing has the same meaning as it has in the Housing Act 1983;
participating registered agency has the same meaning as it has in the Housing Act 1983;
social housing has the same meaning as it has in the Housing Act 1983;".
6Revocation of regulation 254A
Regulation 254A of the Principal Regulations is revoked.
7New regulation 281A inserted
After regulation 281 of the Principal Regulations insert—
"281A Exemption from certain fees
(1)An applicant for registration as a building practitioner is exempt from a fee payable under section 170A of the Act if the applicant provides evidence to the satisfaction of the Authority that—
(a)the applicant's employer is entitled to a jobkeeper payment for the applicant under Division 2 of Part 2 of the Commonwealth Rules; or
(b)the applicant is entitled to a jobkeeper payment under Division 3 of Part 2 of the Commonwealth Rules; or
(c)the applicant qualifies for a jobseeker payment under, and within the meaning of, Division 1 of Part 2.12 of Chapter 2 of the Social Security Act 1991 of the Commonwealth.
(2)A registered building practitioner is exempt from a fee payable under section 172 or in relation to section 173 of the Act if the registered building practitioner provides evidence to the satisfaction of the Authority that—
(a)the registered building practitioner's employer is entitled to a jobkeeper payment for the registered building practitioner under Division 2 of Part 2 of the Commonwealth Rules; or
(b)the registered building practitioner is entitled to a jobkeeper payment under Division 3 of Part 2 of the Commonwealth Rules; or
(c)the registered building practitioner qualifies for a jobseeker payment under, and within the meaning of, Division 1 of Part 2.12 of Chapter 2 of the Social Security Act 1991 of the Commonwealth.
(3)Subregulations (1) and (2) apply to a fee that becomes payable during the period beginning on the commencement of this regulation and ending on 30 June 2021.
(4)In this regulation—
Commonwealth Rules means the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 of the Commonwealth or any subsequent corresponding rules of the Commonwealth;
jobkeeper payment has the same meaning as in section 4 of the Commonwealth Rules.".
8New regulations 281B, 281C and 281D inserted
After regulation 281A of the Principal Regulations insert—
"281B Exemption from building permit levy for building work relating to social housing
(1)An applicant for a building permit is exempt from the requirement to pay any building permit levy imposed under section 205G(2A) of the Act for building work the subject of the permit—
(a)if the building work includes the construction of social housing; and
(b)on completion of the building work, the social housing will be owned, controlled or managed by the Director of Housing.
(2)An applicant for a building permit is exempt from the requirement to pay any building permit levy imposed under section 205G(2A) of the Act for building work the subject of the permit—
(a)if the building permit includes the construction of social housing; and
(b)the social housing is fully or partially funded under a program for the funding of social housing specified in a list which is established, kept and published by the Authority in accordance with subregulation (3); and
(c)on completion of the building work, the social housing will be owned, controlled or managed by a participating registered agency.
(3)For the purposes of subregulation (2)(b), the Authority must—
(a)establish, keep and publish on its website, a list that specifies any program (including the name of the program and a description of that program) for social housing referred to in subregulation (2)(b) (a program), that is in operation at the time of establishing the list and first publishing the list; and
(b)ensure that the list is amended as soon as is practicable after a program specified on the list has ceased to operate or a new program has commenced operation; and
(c)republish the list on its website as soon as is practicable after the list has been amended.
(4)The Authority must consult with the Director of Housing before publishing a list in accordance with subregulation (3).
(5)The list published under subregulation (3) must not disclose the names of any natural person or the address of any property.
(6)An exemption under this regulation applies to—
(a)the whole of the building work if the building work includes the construction of social housing; and
(b)building work carried out under a staged permit if that staged permit, or any previous or subsequent staged permit, relates to building work that includes the construction of social housing.
281CRefund of certain building permit levy
(1)This regulation applies in respect of an application for a building permit accepted by a building surveyor on or after 1 January 2020 and before the commencement of this regulation where the building work the subject of the permit—
(a)includes the construction of social housing; and
(b)either of the following applies—
(i)on completion of the building work, the social housing will be owned, controlled or managed by the Director of Housing;
(ii)on completion of the building work, the social housing will be owned, controlled or managed by a participating registered agency and the social housing is fully or partially funded under a program approved by the Director of Housing.
(2)Any amount of building permit levy imposed under section 205G(2A) of the Act in relation to the building work that is paid by the applicant to the Authority before or after the commencement of this regulation must be refunded by the Authority to the applicant from the Cladding Account on receiving an application from the applicant for the refund in a form approved by the Authority.
(3)In this regulation—
Cladding Account means the Cladding Safety Victoria account of the Victorian Building Authority Fund established under section 205 of the Act.
281DAuthority is exempted from calculation and notification requirements
The Authority is exempted from the requirements under section 205I(1)(b) and (2)(b) of the Act in relation to a building permit levy payable under section 205G(2A) of the Act for building work that is subject to an exemption under regulation 281B.".
9Schedule 4—Form 1 substituted
For Form 1 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
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
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 Other [give description] o | Alterations to an existing Removal of a building o Change of use of an existing Construction of swimming pool or spa barrier o |
Proposed use of building
Social housing
Does any of the building work include the construction of social housing as referred to in regulation 281B? [Yes/No]
[Indicate Yes if the building work, which is the subject of this application, includes the construction of social housing or if other building work, which is the subject of a related staged building permit, includes the construction of social housing.]
*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 $
Cost of work for the whole of the building work $
Signature
Signature of applicant
Date
* Delete if inapplicable
Tick if applicable".
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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 and 83/2020.
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