Building (Building Envelope) Regulations 2002 (Vic)

Building (Building Envelope) Regulations 2002

S.R. No. 132/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Application of this Part	2
5.	Insertion of regulation 4.2A	2
4.2A	Exception concerning building envelopes	2

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ENDNOTES 4

i

STATUTORY RULES 2002

S.R. No. 132/2002

Building Act 1993

Building (Building Envelope) Regulations 2002

The Governor in Council makes the following Regulations:
Dated: 17 December 2002

Responsible Minister:

MARY DELAHUNTY

Minister for Planning

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the Building Regulations 1994 to prescribe exceptions to the requirement for the obtaining of a consent

and report from a relevant council.

2. Authorising provisions

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

3. Commencement

These Regulations come into operation on
1 January 2003.

Building (Building Envelope) Regulations 2002

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S.R. No. 132/2002

4. Application of this Part

In regulation 4.2 of the Building

Regulations 19941—

(a) for sub-regulation (3)(b) substitute—

"(b) the land is on a plan of subdivision

which was registered on or after
1 January 1997 and before 1 July 2003;

and";

(b) for sub-regulation (3)(c) substitute—

"(c) a building permit for the construction of

the building is issued before

1 July 2003.".

5. Insertion of regulation 4.2A

After regulation 4.2 of the Building

Regulations 1994 insert—

'4.2A Exception concerning building envelopes

(1) In this regulation "approved building
envelope" means documented design
parameters that deal with a siting matter

regulated by this Part that—

(a) issued under the Planning and

are in a planning permit for subdivision 1 July 1994; and

(b) are—

(i) section 173 of the Planning and
Environment Act 1987 which is

in an agreement made under relevant allotment; or

(ii) shown as a restriction on a plan of subdivision certified under the Subdivision Act 1988 which is

Building (Building Envelope) Regulations 2002

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registered on the title of the

relevant allotment.

(2) The consent and report of the relevant

council is not required in relation to a design
in respect of an allotment where the design
does not comply with a regulation in this

Part if—

(a) an approved building envelope applies to the allotment and deals with a siting matter that is regulated by that

regulation; and

(b) the design of the building is consistent with all the siting matters dealt with by the approved building envelope that are regulated by this Part.

(3) If an adjoining allotment is not subject to the same agreement or is not shown on the same certified plan of subdivision, sub-

regulation (2) does not apply to regulations
4.14, 4.15, 4.16, 4.17, 4.18, 4.19, 4.25, 4.26,
4.28, 4.29 and 4.30 to the extent that they

relate to that adjoining allotment.'.

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Building (Building Envelope) Regulations 2002

Endnotes

S.R. No. 132/2002

ENDNOTES

1 Reg. 4: S.R. No. 81/1994. Reprint No. 6 as at 1 July 2002.