Building Further Amendment Regulations 2018 (Vic)
Building Further Amendment Regulations 2018
S.R. No. 180/2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Principal Regulations
4Information the relevant building surveyor must give to the Authority
5Determination to treat a combined allotment as one allotment
6Minimum garden area
7Registered building practitioner must document performance solutions in certificate of compliance
8New regulation 182A inserted
9Prescribed classes of buildings or places
10Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment
11Maintenance schedules
12New regulation 269 inserted
13Amendment of Forms 10, 11 and 12 in Schedule 4
14New Schedule 13 inserted
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Endnotes
STATUTORY RULES 2018
S.R. No. 180/2018
Building Act 1993
Building Further Amendment Regulations 2018
The Governor in Council makes the following Regulations:
Dated: 23 October 2018
Responsible Minister:
RICHARD WYNNE
Minister for PlanningANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Building Regulations 2018—
(a)to provide for exemptions for relevant building surveyors relating to an approved infrastructure contributions plan; and
(b)to make other miscellaneous amendments.
2Authorising provisions
These Regulations are made under sections 7, 9, 261 and 262 of, and Schedule 1 to, the Building Act 1993.
3Principal Regulations
In these Regulations, the Building Regulations 2018[1] are called the Principal Regulations.
4Information the relevant building surveyor must give to the Authority
In regulation 47(1)(b)(i) of the Principal Regulations—
(a)omit "on an allotment";
(b)for "that allotment;" substitute "the site;".
5Determination to treat a combined allotment as one allotment
In regulation 64(2)(a) of the Principal Regulations, for "that" substitute "of".
6Minimum garden area
For regulation 76A(1)(c) of the Principal Regulations substitute—
"(c)the minimum garden area requirement in the zone applies to the allotment.".
7Registered building practitioner must document performance solutions in certificate of compliance
In regulation 124(1)(b) of the Principal Regulations, for "performance requirement complies with the performance solution" substitute "performance solution complies with the performance requirement".
8New regulation 182A inserted
After regulation 182 of the Principal Regulations insert—
"182A Additional information in order or notice served in accordance with section 236(4A) of the Act
For the purposes of section 236(4B) of the Act, the additional information to be included in the order or notice is—
(a)that the order or notice has been served in accordance with section 236(4A) of the Act; and
(b)a prominent warning that it is an offence under section 236(7) of the Act for a person to remove or deface the order or notice without the prior consent of the relevant building surveyor, the relevant council or the Authority; and
(c)the penalty for committing an offence under section 236(7) of the Act.".
9Prescribed classes of buildings or places
In the example at the foot of regulation 206(1)(b) of the Principal Regulations, after "would" insert "not".
10Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment
(1)In regulation 218(1) of the Principal Regulations—
(a)for "required to be provided or altered in" substitute "specified in relation to";
(b)for "by" substitute "in".
(2)For regulation 218(1)(a) of the Principal Regulations substitute—
"(a)an occupancy permit under regulation 194; or".
11Maintenance schedules
For regulation 222(1) of the Principal Regulations substitute—
"(1)For the purposes of regulation 218, a maintenance schedule must list all essential safety measures specified in an occupancy permit or a maintenance determination relating to a building or a place of public entertainment and the maintenance requirements for those essential safety measures.".
12New regulation 269 inserted
After regulation 268 of the Principal Regulations insert—
"269 Relevant building surveyor exempt from section 24(6) and (7) of the Act in relation to certain building permit applications
A relevant building surveyor is exempt from section 24(6) and (7) of the Act in relation to an application for a building permit—
(a)to construct a Class 10 building; or
(b)to carry out building work on an allotment in a planning scheme other than a planning scheme specified in Schedule 13.".
13Amendment of Forms 10, 11 and 12 in Schedule 4
(1)In Form 10 of Schedule 4 to the Principal Regulations, after "This emergency order is made under section 102 of the Building Act 1993." insert—
"*WARNING: THIS ORDER HAS BEEN SERVED IN ACCORDANCE WITH SECTION 236(4A) OF THE BUILDING ACT 1993. UNDER SECTION 236(7) OF THAT ACT, IT IS AN OFFENCE FOR A PERSON TO REMOVE OR DEFACE THIS ORDER WITHOUT THE PRIOR CONSENT OF THE RELEVANT BUILDING SURVEYOR, THE RELEVANT COUNCIL OR THE VICTORIAN BUILDING AUTHORITY. THE MAXIMUM PENALTY FOR THIS OFFENCE IS 500 PENALTY UNITS FOR A NATURAL PERSON AND 2500 PENALTY UNITS FOR A BODY CORPORATE.".
(2)In Form 11 of Schedule 4 to the Principal Regulations, after "This building notice is served under section 106 of the Building Act 1993." insert—
"*WARNING: THIS NOTICE HAS BEEN SERVED IN ACCORDANCE WITH SECTION 236(4A) OF THE BUILDING ACT 1993. UNDER SECTION 236(7) OF THAT ACT, IT IS AN OFFENCE FOR A PERSON TO REMOVE OR DEFACE THIS NOTICE WITHOUT THE PRIOR CONSENT OF THE RELEVANT BUILDING SURVEYOR, THE RELEVANT COUNCIL OR THE VICTORIAN BUILDING AUTHORITY. THE MAXIMUM PENALTY FOR THIS OFFENCE IS 500 PENALTY UNITS FOR A NATURAL PERSON AND 2500 PENALTY UNITS FOR A BODY CORPORATE.".
(3)In Form 12 of Schedule 4 to the Principal Regulations, after "This building order is made under section 111 of the Building Act 1993." insert—
"*WARNING: THIS ORDER HAS BEEN SERVED IN ACCORDANCE WITH SECTION 236(4A) OF THE BUILDING ACT 1993. UNDER SECTION 236(7) OF THAT ACT, IT IS AN OFFENCE FOR A PERSON TO REMOVE OR DEFACE THIS ORDER WITHOUT THE PRIOR CONSENT OF THE RELEVANT BUILDING SURVEYOR, THE RELEVANT COUNCIL OR THE VICTORIAN BUILDING AUTHORITY. THE MAXIMUM PENALTY FOR THIS OFFENCE IS 500 PENALTY UNITS FOR A NATURAL PERSON AND 2500 PENALTY UNITS FOR A BODY CORPORATE.".
14New Schedule 13 inserted
After Schedule 12 to the Principal Regulations insert—
"Schedule 13—Planning schemes that have an approved infrastructure contributions plan
Regulation 269
1 Cardinia Planning Scheme
2 Casey Planning Scheme
3 Hume Planning Scheme
4 Melton Planning Scheme
5 Mitchell Planning Scheme
6 Whittlesea Planning Scheme
7 Wyndham Planning Scheme".
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Endnotes
[1] Reg. 3: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018 and 100/2018.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulations 12 and 14 of the Building Further Amendment Regulations 2018 which insert regulation 269 and Schedule 13 into the Building Regulations 2018 | Cardinia Planning Scheme made under the Planning and Environment Act 1987 Casey Planning Scheme made under the Planning and Environment Act 1987 Hume Planning Scheme made under the Planning and Environment Act 1987 Melton Planning Scheme made under the Planning and Environment Act 1987 Mitchell Planning Scheme made under the Planning and Environment Act 1987 Whittlesea Planning Scheme made under the Planning and Environment Act 1987 Wyndham Planning Scheme made under the Planning and Environment Act 1987 | The whole
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