Version No. 064 Building Regulations 1994 S. R. No. 81/1994




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Version No. 064

Building Regulations 1994

S.R. No. 81/1994

Version incorporating amendments as at 26 January 2004


table of provisions

Regulation Page



Part 1—Preliminary 1

1.1 Objectives 1

1.2 Authorising provisions 2

1.3 Commencement 2

1.4 Previous Regulations 2

1.5 Definitions 2

1.6 Exemptions 5

1.7 Building Code of Australia 11

1.8 Use of performance requirements of the BCA 12

1.9 Effect of accreditation of building products 15



Part 2—Building Permits 16

2.1 Information to accompany applications 16

2.2 Reporting authorities 22

2.2A Demolition report and consent fee 28

2.3 Electricity sub-stations 28

2.4 Building over easements 28

2.5. Time limits 29

2.6 Issue of building permit 31

2.6A Referral to the chief officer 33

2.7 Records 33

2.8 Commencement and completion of work 34

2.9 Use of documents 36

2.10 Requests for information 37

2.11 Fees for requests for information 38

2.12 Change of owner or builder 38

2.13 Information to be supplied to council 39

2.14 Guarantees and bonds 39

2.15 Documents to be lodged with council 40

2.16 Lodgement fees 42

2.17 Building Administration Fund 43

2.18 Permit and approval details 43

2.19 Display of certain building permits 44



Part 3—Allotments and Projections 46

Division 1—Allotments 46

3.1 Application 46

3.2 Combined allotments 46

3.3 Subdivision of existing buildings 47



Division 2—Projections 48

3.4 Projections beyond the street alignment 48

3.5 Architectural features 49

3.6 Windows and balconies 49

3.7 Verandahs 50

3.8 Sunblinds and awnings 50

3.9 Service pipes and rainwater heads 51

3.10 Window shutters 51

3.11 Signs 51

3.12 Exemptions 52

3.14 Footings adjoining boundaries—permissible projections 53

Division 3—Buildings above or below certain public facilities 53

3.15 Buildings above or below certain public facilities 53



Part 4—Siting 55

Division 1—Introductory Matters 55

4.1 Definitions 55

4.2 Application of this Part 57

4.2A Exception concerning building envelopes 58

4.3 References to planning schemes 60

4.4 What is an existing building? 60

4.5 What is a single dwelling? 61

4.6 Application of section 188A of the Act 61



Division 2—Single Class 1 Buildings and Associated Class 10 Buildings 62

4.7 Application of Division 62

4.8 Maximum street setback 62

4.9 Minimum street setbacks 62

4.10 Building height 66

4.11 Site coverage 68

4.12 Permeability 69

4.13 Car parking 69

4.14 Side and rear setbacks 70

4.15 Walls on boundaries 73

4.16 Daylight to existing habitable room windows 75

4.17 Solar access to existing north-facing habitable room windows 77

4.18 Overshadowing of recreational private open space 79

4.19 Overlooking 81

4.20 Daylight to habitable room windows 84

4.21 Private open space 85



Division 3—Siting of Class 10a buildings 86

4.22 Siting of Class 10a buildings 86



Division 4—Class 10b Buildings 86

4.23 Application of Division 86

4.24 Front fence height 86

4.25 Fence setbacks from side and rear boundaries 88

4.26 Fences on side or rear boundaries 89

4.27 Fences on street alignments 90

4.28 Fences and daylight to existing habitable room windows 91

4.29 Fences and solar access to existing north-facing habitable room windows 92

4.30 Fences and overshadowing of recreational private open space 94

4.31 Masts, poles etc. 95



Part 5—Building Work 97

Division 1—General provisions 97

5.1 Testing of materials 97

5.2 Protection of adjoining property 97

5.3 Protection of the public 99

5.4 Excavations 100

5.5 Retaining Walls 100

5.6 Demolition 101

5.7 Alterations 102

5.8 Alterations which affect exits and paths of travel to exits 103

5.9 Storm water drainage 104



Division 2—Special provisions 105

5.10 Extension of non-complying external wall 105

5.11 Record of pile-driving 105

5.12 Branding of timber 106



Division 3—Existing swimming pools 107

5.13 Safety of existing swimming pools and spas 108

5.13A. Swimming pool safety maintenance and operation 111

Division 4—Fire safety in certain existing residential buildings 112

5.14 Self contained smoke alarms 112

5.15 Residential care buildings 113

Part 6—Building Work in Special Areas 117

6.1 Unsewered areas 117

6.2 Flood areas 117

6.3 Termite areas 120

6.4 Designated bushfire prone areas 120

6.5 Alpine areas 121

6.6 Uncontrolled overland drainage 121

6.7 Special areas designation and mapping 122



Part 7—Inspections Notices and Orders 125

7.1 Inspection of building work 125

7.2 Duplicate record 125

7.3 Certificate of final inspection 126

7.4 Emergency orders 126

7.5 Building notice 126

7.6 Building orders 127

7.7 Amendment or cancellation of a building order 128



Part 8—Infringement Notices 129

8.1 Application 129

8.2 Authorised Officers 129

8.3 Infringement notices 129

8.4 Payment of penalty 129

8.5 Offences 130

8.6 Penalties 130

Part 9—Occupancy Permits 131

9.1 Application of Part 131

9.2 Application for occupancy permit 131

9.3 Reporting authorities 131

9.4 Time limits 132

9.5 Form of occupancy permit 133

9.6 Display of occupancy permit 133

9.8 Keeping of records 135

9.9 Change of use 136

9.10 Documents to be lodged with council 137



Part 10—Places of Public Entertainment 140

10.1 Application 140

10.2 Prescribed classes 140

10.3 Prescribed places of public entertainment 140

10.4 Prescribed temporary structures 141

10.5 Conditions of use 141

10.6 Structural design 143

Part 11—Maintenance 144

Division 1—Maintenance of essential services 144

11.1 Application and interpretation 144

11.2 Essential services 144

11.3 Nomination of essential services in occupancy permit 146

11.4 Requirement to maintain essential services 147

11.4A Display of determination 148

11.5 Owner's responsibility 149

11.6 Contents and form of annual essential services report 150

11.6A Display of annual essential services report 151

11.7 Inspection procedures 152



Division 2—Maintenance generally 152

11.8 Application of Division 153

11.9 Safety equipment, fittings and other safety measures 153

11.10 Maintenance of exits 153



Part 12—Building Appeals Board 155

12.1 Appeal periods 155

12.2 Building Appeals Board fees 155

Part 14—Building Product Accreditation 160

14.1 Definitions 160

14.2 Application of Part 160

14.3 Application for accreditation 160

14.4 Registration of accredited products 161

14.5 Cancellation of accreditation 161

14.6 Records 162

14.7 Information to remain confidential 162

14.8 Offence 163

14.9 Accreditation fees 163



Part 15—Building Practitioners 164

15.1 Definition 164

15.2 Professional standards 164

15.3 Prescribed qualifications and classes 165



Table of Applied, Adopted or Incorporated Matter 243

Table of Applied, Adopted or Incorporated Matter 244

15.4 Transitional 176

15.5 Exemption for certain building practitioners 180

15.6 Period for which private building surveyor may not act 184

15.7 Certificates of compliance 184

15.8 Duplicate certificates 187



Part 15A—Exemptions in Relation to Certain Buildings 188

15A.1 Exemptions in relation to certain buildings 188



Part 15B—Cooling Tower Systems 191

15B.1 Information to accompany an application to register, or to renew a registration 191

15B.2 Annual registration and renewal fees 192

15B.3 Notification of an addition to, or removal, decommissioning or relocation of, a cooling tower system 193

15B.4 Information to be included in the register 194

Part 15C—Exemptions Relating to Multi-Storey Residential Buildings 196

15C.1 Definitions 196

15C.2 Exemptions relating to major domestic building contracts 196

15C.3 Exemptions relating to owner-builders 197



Part 16—Transitional 199

16.1 Transitional 199

__________________ 199

SCHEDULES 200

SCHEDULE 1 200

Revocations 200

SCHEDULE 2 202

Forms 202

Form 1 204

Application for a Building Permit 204

Form 2 209

Building Permit 209

Form 4 212

Building Permit Levy Return 212

Form 5 214

Building work commencement, completion or permit lapse return 214

Form 6 216

Protection work notice 216

Form 7 219

Protection work response notice 219

Form 8 221

Certificate of final inspection 221

Form 9 223

Building infringement notice 223

Form 10 225

Application for occupancy permit 225

Form 11 227

Occupancy permit 227

Form 13 231

Certificate of compliance—design 231

Form 14 233

Certificate of compliance—inspection 233

Form 15 235

Annual essential services report 235

SCHEDULE 3 237

PLANNING SCHEMES 237

═══════════════ 237



ENDNOTES 238

1.General Information 238

2.Table of Amendments 239

3.Explanatory Details 241


Version No. 064

Building Regulations 1994

S.R. No. 81/1994

Version incorporating amendments as at 26 January 2004




Part 1—Preliminary

1.1 Objectives

The objectives of these Regulations are to—

(a) prescribe standards for the construction and demolition of buildings;

(b) prescribe standards of safety for places of public entertainment;

(c) prescribe matters relating to the use and maintenance of buildings and places of public entertainment;

(d) prescribe matters relating to the accreditation of building products, construction methods, designs, components and systems;

(e) prescribe qualifications and other matters relating to registration of building practitioners;

(f) consolidate the provisions of statutory rules which control the design, construction and use of buildings and places of public entertainment; and

(g) prescribe fees in respect of matters before the Building Appeals Board, Building Practitioners Board and Building Regulations Advisory Committee.



1.2 Authorising provisions

r. 1.2

These Regulations are made under the powers contained in sections 3, 7, 9, 14, 15, 16, 19, 21, 22, 26, 27, 32, 43, 45, 53, 56, 75, 79, 84, 85, 103, 108, 114, 116, 146, 147, 170, 201, 238, 241, 254, 255, 261 and 262 and Schedules 1 and 2 of the Building Act 1993.

1.3 Commencement

These Regulations commence on 1 July 1994.

1.4 Previous Regulations

The Regulations listed in Schedule 1 and all by-laws or local laws made under those Regulations are revoked.

1.5 Definitions

(1) In these Regulations—

"Act" means the Building Act 1993;

"allotment" means land which can be disposed of separately under section 8A of the Sale of Land Act 1962 without being subdivided;

"alteration" means construction in relation to an existing building;

"approved" means approved by the relevant building surveyor;

"BCA" means the Building Code of Australia;

"business day" means any day except Saturday, Sunday or a public holiday;


Reg. 1.5(1) def. of
"chief officer" amended by S.R. No. 43/2003 reg. 4(a).


"chief officer" means—

(a) in relation to the metropolitan fire district under the Metropolitan Fire Brigades Act 1958, the Chief Officer of the Metropolitan Fire and Emergency Services; and

(b) in relation to any building or land outside the metropolitan fire district, the Chief Officer of the Country Fire Authority under the Country Fire Authority Act 1958;

"drainage authority" means—

(a) in relation to any area to which Part X of the Melbourne and Metropolitan Board of Works Act 1958 applies, the Melbourne Water Corporation; and

(b) in relation to any other area, the body to which Division 4 of Part 10 of the Water Act 1989 applies in respect of that area;

"electricity supply authority" in relation to an area means the State Electricity Commission of Victoria or other undertaker within the meaning of the Electricity Industry Act 1993 authorised to supply electricity in that area;


r. 1.5

"farm land" means farm land as defined in section 2 of the Valuation of Land Act 1960;

Reg. 1.5(1) def. of "floodplain management authority" inserted by S.R. No. 161/1996 reg. 5.

"floodplain management authority" means an authority to which Division 4 of Part 10 of the Water Act 1989 applies;


"gas supply authority" means—

(a) in relation to an area served by a reticulated gas supply, the Gas and Fuel Corporation of Victoria; and

(b) in relation to a building served by an on-site gas supply, the Minister responsible for the Dangerous Goods Act 1985;


Reg. 1.5(1) def. of "pergola" inserted by S.R. No. 43/2003 reg. 4(b).

"pergola" means an open structure which is unroofed but may have a covering of open weave permeable material;



r. 1.5

"street" includes road, highway, carriageway, lane, footway, square, court, alley and right of way;

"street alignment" means the line between a street and an allotment; and

"sewerage authority" means—

(a) in relation to the metropolis under the Melbourne and Metropolitan Board of Works Act 1958, the Melbourne Water Corporation; and

(b) in relation to a sewerage district under the Water Act 1989, the Authority for that district under that Act.

(2) Subject to the Act, words and expressions used in these Regulations have the same meanings as they have in the BCA.

(3) The numerical values prescribed in these Regulations must be applied subject to tolerances according to any appropriate code, standard, rule, specification or provision adopted by reference in these Regulations, or normal trade practice, or good practice, as the case requires.

(4) In these Regulations any reference to the purpose for which a building is used includes the purpose for which it is intended to be used.

1.6 Exemptions


r. 1.6

(1) A building permit and occupancy permit are not required under the Act for the buildings and building work specified in column 1 of Table 1.6 and those buildings and building work are also exempt from the regulations specified in relation to them in column 2.

Reg. 1.6(1) Table 1.6 amended by S.R. Nos 121/1995
reg. 5, 161/1996 reg. 6(a)–(d), 79/1997 reg. 5(a)–(e), 74/1999 reg. 5(a)(b), 82/2001 reg. 4, 176/2001 reg. 5(1)–(6).


TABLE 1.6—EXEMPTIONS FROM THE REGULATIONS

DESCRIPTION



Column 1

PARTS EXEMPTED

Column 2

(a)

1A Class 10a building having a floor area not exceeding 10m2.

All Parts except reg. 4.22(1) and 4.22(2) and Part 1

(b)

A building used only temporarily for the duration of building work for—

All Parts




(i)

construction purposes; or







(ii)

display purposes.




(c)

A fence (other than a fence forming part of a safety barrier for a swimming pool or a fence forming part of a children's service outdoor play space)—

All Parts




(i)

not exceeding 2m in height; and







(ii)

not exceeding 1·2m in height when within 3m of a street alignment and located on, or facing, that street alignment; and







(iii)

not having barbed wire or the like within 150mm of a street alignment.







































DESCRIPTION



Column 1

PARTS EXEMPTED

Column 2

(d)

Any mast, pole, antenna, aerial or similar Class 10b structure—

All Parts




(i)

attached to a building and which does not exceed a height of 3m above the highest point of the attachment to the building; or







(ii)

not attached to a building and which does not exceed a height of 8m.




(da)

Any facility (within the meaning of paragraph (b) of the definition of "facility" in section 7 in the Telecommunications Act 1997 of the Commonwealth) to be constructed or demolished by a carrier (within the meaning of that section).

Parts 2 and 3 and Parts 5 to 16

(e)

Any sign or similar Class 10b structure that is—

All Parts


r. 1.6






(i)

less than 3m from a street alignment and does not exceed 1 m in height; or







(ii)

not less than 3m from a street alignment and does not exceed—










(A)

a height of 8m above ground level; and










(B)

6m2 or less in display area.




(f)

Any retaining wall less than 1 m in height which is not associated with other building work or with protection work of an adjoining allotment.

All Parts except Part 1 and reg. 5.5

* * * * *

(h)

A swimming pool with a depth not exceeding 300mm.

All Parts

* * * * *

DESCRIPTION



Column 1

PARTS EXEMPTED

Column 2

(j)

A pergola associated with a Class 1 or 10 building.

All Parts except Parts 1 and 4

(k)

Temporary structures other than those to which regulation 10.4 applies.

All Parts

(ka)

2Prescribed temporary structures described in regulation 10.4(a) to (d).

All Parts except reg. 10.4, reg. 10.5 and reg. 10.6


r. 1.6



(kb)

A smoke alarm installed in a Class 1, 2 or 3 building constructed or for which building approval was granted before 8 April 1991 or in a Class 4 part of a building constructed or for which building approval was granted before 8 April 1991.

All Parts except Part 1, Part 8 and reg. 5.14

(kc)

A chain wire fence surrounding a tennis court.

All Parts

(kd)

Re-erection of a re-locatable building used as a State School (within the meaning of the Education Act 1958), a school (within the meaning of Part III of that Act), or a TAFE Institution (within the meaning of the Vocational and Educational Training Act 1990) if—

All Parts except Part 1




(i)

the building will not have a floor area of more than 300m2; and







(ii)

the building or building work will not adversely affect the structural soundness of that, or any other building; and



























DESCRIPTION



Column 1

PARTS EXEMPTED

Column 2




(iii)

the building or building work will not adversely affect the safety of the public or the occupiers of the building.




(l)

Building work to repair, reconstruct or renew any part of an existing building, if the work—

All Parts




(i)

is done for maintenance purposes using similar materials to those being replaced; and







(ii)

is not underpinning or replacement of footings; and





r. 1.6






(iii)

will not adversely affect the structural soundness of the building; and







(iv)

will not adversely affect the safety of the public or occupiers of the building.




(la)

Construction or demolition of a Class 10 building (other than a swimming pool) if the building work—

All Parts except Parts 1 and 4




(i)

has a cost of less than $5000 (including the value of all labour and materials); and







(ii)

will not adversely affect the structural soundness of any building; and







(iii)

will not adversely affect the safety of the public or occupiers of any building; and







(iv)

will not project beyond the street alignment; and







(v)

is not work carried out on, or in connection with, a building included on the Heritage Register established under the Heritage Act 1995; and



DESCRIPTION



Column 1

PARTS EXEMPTED

Column 2




(vi)

will not involve construction over an easement vested in the council or other authority specified in regulation 2.4.




(lb)

Alterations to a building (other than a swimming pool) if the building work—

All Parts except Parts 1 and 4




(i)

has a cost of less than $5000 (including the value of all labour and materials); and







(ii)

will not adversely affect the structural soundness of any building; and





r. 1.6






(iii)

will not adversely affect the safety of the public or occupiers of any building; and







(iv)

will not project beyond the street alignment; and







(v)

is not demolition, removal or re-erection of a building; and







(vi)

is not work in relation to an item listed in Table 11.2 which was required by or under these Regulations or any corresponding previous regulations to be provided in the building; and







(vii)

is not work carried out on, or in connection with, a building included on the Heritage Register established under the Heritage Act 1995; and







(viii)

will not involve construction over an easement vested in the council or other authority specified in regulation 2.4.



























DESCRIPTION



Column 1

PARTS EXEMPTED

Column 2

(m)

any building (other than a temporary structure) which is not of a Class listed in clause A3.2 of Volume One of the BCA and clause 1.3.2 of Volume Two of the BCA.

All Parts

(2) The relevant council may exempt a Class 10 building which is to be constructed on farm land and used for farming purposes from all or any of the requirements of these Regulations.

(3) If the relevant council grants an exemption from all of the Regulations in accordance with sub-regulation (2), a building permit and certificate of final inspection under the Act are not required for that building.



Reg. 1.7 substituted by S.R. No. 79/1997 reg. 6.

1.7 Building Code of Australia

r. 1.7

(1) The BCA is adopted by and forms part of these Regulations as modified by this regulation.

(2) In the definition of Certificate of Accreditation in the BCA, a State or Territory accreditation authority means the Building Regulations Advisory Committee.

(3) Clause A2.2 of Volume One of the BCA applies as if a certificate referred to in paragraph (a)(iii) of that clause were a certificate of a prescribed building practitioner under section 238 of the Act complying with regulation 15.7.

(4) Clause 1.2.2 of Volume Two of the BCA applies as if a certificate referred to in paragraph (a)(iii) of that clause were a certificate of a prescribed building practitioner under section 238 of the Act complying with regulation 15.7.

(5) For the purposes of these Regulations, buildings must be classified as set out in the BCA.

(6) If there is any doubt as to the classification of a building under the BCA, the relevant building surveyor must classify the building as belonging to the class it most closely resembles.



Reg. 1.8 inserted by S.R. No. 79/1997 reg. 7.

1.8 Use of performance requirements of the BCA

r. 1.8

(1) Despite anything to the contrary in the BCA, a relevant building surveyor must not determine that an alternative solution complies with a fire performance requirement of the BCA unless the relevant building surveyor—

(a) either—

(i) holds the Graduate Certificate in Performance Based Building and Fire Codes from Victoria University of Technology; or

(ii) holds a qualification that the Building Practitioners Board considers is equivalent to that Certificate; or

(b) relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, which states that the alternative solution complies with that performance requirement; or

(c) relies on a certificate under section 238 of the Act by a registered building surveyor, who did not design the building work, which states that that the alternative solution complies with that performance requirement; or

(d) relies on a determination of the Building Appeals Board under section 160A of the Act that the alternative solution complies with that performance requirement; or
(e) relies on a Certificate of Accreditation issued by the Building Regulations Advisory Committee which states that the alternative solution complies with that performance requirement; or

(f) relies on a Certificate of Conformity issued by the Australian Building Codes Board which states that the alternative solution complies with that performance requirement; or

(g) relies on a report of the chief officer under regulation 2.2 which states that the chief officer is satisfied that a satisfactory degree of fire safety is achieved by that alternative solution.


r. 1.8

(2) In this regulation—

Reg. 1.8(2)
def. of "fire performance requirement" amended by S.R. No. 74/1999 reg. 6(a)(b).


"fire performance requirement" means—

(a) performance requirement BP1.1, DP2 or DP3 of Volume One of the BCA (to the extent that it relates to fire safety); or

(b) performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP4, DP5, DP6, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5 or EP1.6 of Volume One of the BCA; or

(c) performance requirement P2.1 of Volume Two of the BCA (to the extent that it relates to fire safety for a Class 1b building and a Class 10 building not associated with a Class 1a building); or


(d) performance requirement P2.3.1 or P2.3.2 of Volume Two of the BCA (to the extent that it relates to fire safety for a Class 1b building and a Class 10 building not associated with a Class 1a building);



"fire safety engineer" means a registered building practitioner in the category of engineer, class of fire safety engineer.

Reg. 1.9 inserted by S.R. No. 79/1997 reg. 7.

r. 1.9

1.9 Effect of accreditation of building products

For the purposes of sections 14 and 15 of the Act the Australian Building Codes Board is a prescribed body.

__________________

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