Building (Building Amendment (Enforcement and Other Measures) Act 2017) Transitional Regulations 2021 (Vic)

Building (Building Amendment (Enforcement and Other Measures) Act 2017) Transitional Regulations 2021

S.R. No. 72/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Definitions

4Builder must not enter into contract unless registered under the Act

5Further limitations on the issue of building permits

6Offence for person to carry out certain domestic building work unless registered

7Revocation of these Regulations

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STATUTORY RULES 2021

S.R. No. 72/2021

Building Act 1993

Building (Building Amendment (Enforcement and Other Measures) Act 2017) Transitional 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 provide for matters of a transitional nature in relation to the activities of certain building practitioners as a consequence of the enactment of the Building Amendment (Enforcement and Other Measures) Act 2017.

2Authorising provision

These Regulations are made under clause 16 of Schedule 10 to the Building Act 1993.

3Definitions

In these Regulations—

major domestic building contract has the same meaning as in the Domestic Building Contracts Act 1995;

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 building work;

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

(a)domestic builder (manager); or

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

the Actmeans the Building Act 1993;

the amending Act means the Building Amendment (Enforcement and Other Measures) Act 2017;

transition period means the period beginning on 1 July 2018 and ending on 30 June 2021.

4Builder must not enter into contract unless registered under the Act

Despite the commencement of section 101 of the amending Act, section 29 of the Domestic Building Contracts Act 1995, as in force before that commencement, continues to apply to a relevant building practitioner who enters into a major domestic building contract during the transition period.

5Further limitations on the issue of building permits

Despite the commencement of section 22 of the amending Act, section 24A of the Act, as in force immediately before that commencement, continues to apply in relation to the issuing of a building permit by a 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.

6Offence for person to carry out certain domestic building work unless registered

Section 169F(5) of the Act as inserted by section 7 of the amending Act applies during the transition period as if the definition of registered builder in that section included a relevant building practitioner.

7Revocation of these Regulations

These Regulations are revoked on 1 July 2021.

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