Building (Multi-Storey Residential Building Exemption) Regulations 2002 (Vic)

Building (Multi-Storey Residential Building

Exemption) Regulations 2002

S.R. No. 27/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	1
4.	New Part 15C inserted	2
PART 15C—EXEMPTIONS RELATING TO MULTI-
STOREY RESIDENTIAL BUILDINGS	2
15C.1	Definitions	2
15C.2	Exemptions relating to major domestic building
contracts	2
15C.3	Exemptions relating to owner-builders	3

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ENDNOTES 4

i

STATUTORY RULES 2002

S.R. No. 27/2002

Building Act 1993

Building (Multi-Storey Residential Building

Exemption) Regulations 2002

The Lieutenant-Governor as the Governors Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 9 April 2002

Responsible Minister:

MARY DELAHUNTY

Minister for Planning

LUKAS MARTIN

Acting Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the Building Regulations 19941 to exempt builders of multi-storey residential buildings from the

obligation to be covered by certain kinds of

required insurance in respect of those buildings.

2. Authorising provisions

These Regulations are made under sections 7, 9,

261 and 262 of the Building Act 1993.

3. Commencement

These Regulations come into operation on
10 April 2002.

Building (Multi-Storey Residential Building Exemption)
Regulations 2002

r. 4

S.R. No. 27/2002

4. New Part 15C inserted

After Part 15B of the Building Regulations 1994 insert—

'PART 15C—EXEMPTIONS RELATING TO MULTI-STOREY RESIDENTIAL BUILDINGS

15C.1 Definitions

In this Part—
"carry out" in relation to building work,

includes manage or arrange the carrying out of building work;

"multi-storey residential building" means

a building—

(a)	that has a rise in storeys of more than 3; and
(b)	that contains 2 or more separate dwellings;

"storey" does not include a space within a

building if the space contains only accommodation intended only for vehicles.

15C.2 Exemptions relating to major domestic

building contracts

(1) Subject to sub-regulation (3), a builder who carries out or proposes to carry out domestic building work under a major domestic

building contract for the construction of a multi-storey residential building is exempt from compliance with section 136(2) of the Act in respect of the carrying out of domestic
building work for the construction of that
building.

Building (Multi-Storey Residential Building Exemption)
Regulations 2002

r. 4 S.R. No. 27/2002

(2) Subject to sub-regulation (3), a builder is

exempt from any requirement under Part 9 of
the Act to be covered by the required
insurance in respect of the carrying out of
domestic building work under a major
domestic building contract where the work is
for the construction of a multi-storey
residential building.

(3) Nothing in this regulation exempts a builder from a requirement under section 136(2) or Part 9 to be covered by insurance in

accordance with the Building Practitioners section 135 of the Act on 13 May 1996 and published in the Special Government Gazette on 16 May 1996.

(4) This regulation applies to major domestic building contracts entered into on or after 10 April 2002.

15C.3 Exemptions relating to owner-builders

(1) A person who constructs a multi-storey

residential building is exempt from building.

compliance with section 137B(2)(b) of the

(2) A person who constructs a multi-storey residential building is exempt from any requirement under Part 9 of the Act to be

covered by the required insurance in respect

of any contract to sell the building.

(3) This regulation applies to contracts of sale

entered into on or after 10 April 2002.'.

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Building (Multi-Storey Residential Building Exemption)
Regulations 2002

Endnotes

S. R. No. 27/2002

ENDNOTES

1 Reg 1: S.R. No. 81/1994. Reprint No. 5 as at 28 October 1999.

Subsequently amended by S.R. Nos 109/2000, 110/2000, 16/2001,

82/2001, 171/2001 and 176/2001.

——

Table of Applied, Adopted or Incorporated Matter Required by

Subordinate Legislation Regulations 1994

Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate

Legislation Regulations 1994.

Statutory Rule	Title of applied, adopted or	Matter in applied,
provision	incorporated document	adopted or incorporated document
Regulation 4	Building Practitioners Insurance	The whole
(inserting	Ministerial Order made under
regulation	section 135 of the Building Act
15C.2)	1993 on 13 May 1996 and published in the Special Government Gazette on 16 May 1996.