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




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Part 2—Building Permits

2.1 Information to accompany applications


r. 2.1

(1) An application for a building permit must—

(a) be in accordance with Form 1;

(b) contain sufficient information to show that the building work would comply with these Regulations; and

(c) comply with the relevant provisions of this Part.



Reg. 2.1(2) amended by S.R. No. 161/1996 reg. 7(1)(a).

(2) An application for a building permit to construct a building must be accompanied by the following documents and any additional copies of those documents that the relevant building surveyor reasonably requires—

Reg. 2.1(2)(a) amended by S.R. No. 161/1996 reg. 7(1)(b).

(a) 3 copies of drawings showing the plan at each floor level, elevations, sections, dimensions, the sizes and locations of structural members to a scale of not less than 1:100, together with any details that are necessary to show compliance to a scale of not less than 1:20, or other approved scales; and

Reg. 2.1(2)(b) amended by S.R. No. 161/1996 reg. 7(1)(c).

(b) 3 copies of specifications describing materials and methods to be used in the construction; and


Reg. 2.1(2)(c) amended by S.R. No. 161/1996 reg. 7(1)(d).

(c) 3 copies of allotment plans to a scale of not less than 1:500 or other approved scale showing—

(i) the boundaries and dimensions of the allotment and any relevant easements; and

(ii) the distance to the nearest intersecting street; and

(iii) the position and dimensions of the proposed building and its relationship to—

(A) the boundaries of the allotment; and

(B) any existing building on the allotment; and



Reg. 2.1(2)(c)
(iii)(C) amended by S.R. No. 82/2001 reg. 5(a).


(C) any part of a building or land on an adjoining allotment where necessary to show compliance with these Regulations; and

r. 2.1

(iv) a statement of the use or intended use of all buildings shown on the allotment plan; and

(v) the levels of the allotment, the floors of the building, street drainage channel and stormwater drain; and

(vi) the layout of drains to the point of discharge on the allotment together with details necessary to show compliance with these Regulations; and


New reg. 2.1(2)(c)(vii) inserted by S.R. No. 171/2001 reg. 4(a).

(vii) the location, dimensions and area of impermeable surfaces covering the allotment if necessary for the purposes of regulation 4.12; and

New reg. 2.1(2)(c)(viii) inserted by S.R. No. 171/2001 reg. 4(a).

(viii) the location and dimensions of car parking spaces for the purposes of regulation 4.13; and


New reg. 2.1(2)(c)(ix) inserted by S.R. No. 171/2001 reg. 4(a).

(ix) the location, dimensions and area of private open space for the purposes of regulation 4.21; and


Reg. 2.1(2)
(c)(vii)–(ix) inserted by S.R. No. 82/2001 reg. 5(b), revoked by S.R. No. 82/2001 reg. 9(1).


* * * * *

Reg. 2.1(2)(d) amended by S.R. No. 161/1996 reg. 7(1)(e).

r. 2.1

(d) 1 copy of any computations or reports necessary to demonstrate that the building would, if constructed in accordance with the computations and reports, comply with these Regulations.

(3) Without limiting any of his or her powers under the Act, the relevant building surveyor may also require the following additional information to be submitted in relation to an application other than for demolition or removal of a building including—

(a) details of measures for the protection of the public under regulation 5.3; and


Reg. 2.1(3)(b) substituted by S.R. No. 74/1999 reg. 7.

(b) documentary evidence to support the use of a material, form of construction or design in a form referred to in clause A2.2 of Volume One of the BCA or clause 1.2.2 of Volume Two of the BCA; and

(c) a survey plan of existing site conditions prepared by a licensed surveyor; and

(d) if the allotment is under the Transfer of Land Act 1958, a copy of the certificate of title of the allotment; and

(e) evidence of ownership of the allotment or evidence that a contract has been entered into pursuant to section 9AA of the Sale of Land Act 1962 in respect of the allotment; and



Reg. 2.1(3)(f) revoked by S.R. No. 161/1996 reg. 7(2).

* * * * *



r. 2.1

(g) evidence that each building practitioner to be engaged in the building work holds a building practitioners certificate issued by the Building Practitioners Board under the Act or is an architect registered under the Architects Act 1991.

(4) In the case of a proposed alteration to an existing building, drawings and allotment plans must clearly differentiate between the existing building and the proposed building work for which a building permit is sought.

(5) An application for a building permit to demolish or remove a building must be accompanied by 3 copies of the following documents and any additional copies that the relevant building surveyor reasonably requires—

(a) an outline and a description of the building or part of the building to be demolished or removed; and

(b) an allotment plan showing the location of the building in relation to the boundaries of the allotment and adjoining buildings, other buildings on the allotment, and streets, footpaths or crossings adjoining the allotment; and

(c) if a part only of the building is to be demolished or removed, computations or other information to show that the remainder of the building will comply with the provisions of these Regulations either as it remains after the proposed demolition or removal takes place or after other works are undertaken; and

(d) information showing the position and description of hoardings, allotment boundaries, barricades, temporary crossings, protective awnings and outriggers; and

(e) a written description of the demolition or removal procedure; and

(f) evidence that the demolisher has the necessary knowledge, experience, equipment and storage facilities to properly conduct the demolition operations.

(6) The relevant building surveyor may exempt an application for a building permit in respect of a stage of building work from any requirement of sub-regulation (1) to (5) which the relevant building surveyor considers is not necessary or not appropriate to that stage.

2.2 Reporting authorities


r. 2.2

(1) For the purposes of an application for a building permit—

(a) an authority set out in column 1 of Table 2.2 is a prescribed reporting authority; and

(b) a matter set out in columns 2 and 3 of the Table in relation to an authority is a prescribed matter in relation to that authority.


Reg. 2.2(1) Table 2.2 substituted by S.R. No. 121/1995 reg. 6(1), amended by S.R. Nos 161/1996 reg. 8(a)–(c), 79/1997 reg. 8(1), 74/1999 reg. 8(a)(i)(ii), 109/2000 reg. 5(1)(a)–(c), 82/2001 regs 6, 9(2), 171/2001 reg. 5.

TABLE 2.2—REPORTING AUTHORITY

Reporting Authority

Column 1

Matter to be reported on



Column 2

Reference



Column 3

Chief
officer

The following fire safety matters if those matters do not meet the deemed-to-satisfy provisions in the BCA: fire hydrants, fire hose reels, fire control centres or rooms, fire precautions during construction, fire mains, control valves, booster assemblies, emergency vehicle access, fire indicator panels, or proscenium curtain drencher systems

reg. 2.2(2)

Council

Building over an easement

reg. 2.4(1)




Projections beyond street alignment

reg. 3.12


r. 2.2






Buildings above or below certain public facilities

reg. 3.15




Setback from a street boundary not complying with reg. 4.8

reg. 4.8(3)




Setback from a street boundary not complying with reg. 4.9

reg. 4.9(4)




Building height not complying with reg. 4.10

reg. 4.10(4)




Site coverage not complying with reg. 4.11

reg. 4.11(4)




Impermeable surfaces covering more than 80% of an allotment area

reg. 4.12(2)




Car parking spaces not complying with reg. 4.13

reg. 4.13(6)




Reporting Authority

Column 1

Matter to be reported on



Column 2

Reference



Column 3




Side or rear boundary setbacks not complying with reg. 4.14

reg. 4.14(6)




Walls or carports not complying with reg. 4.15

reg. 4.15(5)




Building setbacks not complying with reg. 4.16 (daylight to existing habitable room window)

reg. 4.16(6)




Building setbacks not complying with reg. 4.17 (solar access)

reg. 4.17(6)


r. 2.2






Building design not complying with reg. 4.18 (overshadowing of recreational private open space)

reg. 4.18(3)




Window or raised open space not complying with reg. 4.19 (overlooking)

reg. 4.19(9)




Building design not complying with reg. 4.20 (daylight to habitable room window)

reg. 4.20(3)




Private open space not complying with reg. 4.21

reg. 4.21(4)




Siting of appurtenant Class 10 buildings

reg. 4.22(2)




Front fence height not complying with reg. 4.24

reg. 4.24(3)




Fence setback on side or rear boundary not complying with reg. 4.25

reg. 4.25(3)



Reporting Authority

Column 1

Matter to be reported on



Column 2

Reference



Column 3




Length or height of side or rear boundary fence not complying with reg. 4.26

reg. 4.26(5)




A fence within 9m of an intersection

reg. 4.27(1)




Fence setback not complying with reg. 4.28 (daylight to existing habitable room window)

reg. 4.28(6)




Fence setback not complying with reg. 4.29 (solar access)

reg. 4.29(5)


r. 2.2






Fence design not complying with reg. 4.30 (overshadowing of recreational private open space)

reg. 4.30(3)




Mast, pole, aerial, antenna, chimney flue pipe or other service pipe

reg. 4.31




Precautions over a street

reg. 5.3(4)




Point of discharge of storm water

reg. 5.9(2)




Installation of soil and waste disposal reticulation system in unsewered area or construction of a building over an existing reticulation system in an unsewered area

reg. 6.1




Construction of buildings on land liable to flooding

reg. 6.2(3)




Building on designated land

reg. 6.6(2)

Electricity supply authority

Provision of substations

reg. 2.3

Reg. 2.2(2) amended by S.R. No. 161/1996 reg. 8(d), substituted by S.R. No. 79/1997 reg. 8(2).

(2) The consent and report of the chief officer must be obtained to an application for a building permit which involves any of the following fire safety matters if those matters do not meet the deemed-to-satisfy provisions of the BCA—


Reg. 2.2(2)(a) substituted by S.R. No. 74/1999 reg. 8(b).

(a) fire hydrants;


r. 2.2




Reg. 2.2(2)(b) substituted by S.R. No. 74/1999 reg. 8(b).

(b) fire hose reels;

(c) fire control centres or rooms;

(d) fire precautions during construction;

(e) fire mains;

(f) control valves;

(g) booster assemblies;

(h) emergency vehicle access;

(i) fire indicator panels;

(j) proscenium curtain drencher system.

(3) In a report under sub-regulation (1), the chief officer may consent to a variation of the requirements of the BCA if the chief officer is satisfied that a satisfactory degree of fire safety is achieved.



Reg. 2.2(4) revoked by S.R. No. 121/1995 reg. 6(2).

* * * * *



Reg. 2.2(5) amended by S.R. Nos 121/1995 reg. 6(3), 161/1996 reg. 8(e)(i)(ii), revoked by S.R. No. 109/2000 reg. 5(2).

* * * * *


Reg. 2.2A inserted by S.R. No. 110/2000 reg. 4.

2.2A Demolition report and consent fee

r. 2.2A

The fee payable for the consideration of an application for a building permit under section 29A of the Act by a reporting authority is $50.

2.3 Electricity sub-stations

In the case of an application for a building permit for the construction of a building other than a Class 1 or 10 building the relevant building surveyor may require a report from the electricity supply authority as to whether an electricity sub-station is necessary on the allotment and if so the size and location of the sub-station.

2.4 Building over easements

(1) The consent and report of a council, drainage authority, electricity supply authority, sewerage authority or gas supply authority must be obtained to an application for a building permit to construct a building over an easement vested in the council or authority.


Reg. 2.4(2) amended by S.R. No. 161/1996 reg. 9.

(2) This regulation does not apply to implied easements under the Subdivision Act 1988.


Reg. 2.5 substituted by S.R. No. 109/2000 reg. 6, amended by S.R. No. 82/2001 regs 7(1)(2) (ILA s. 39B(2)), 9(3)(a)(b), substituted by S.R. No. 171/2001 reg. 6.

2.5. Time limits

r. 2.5

The following time limits apply in relation to applications for building permits


Matter




Act provision


Class 1
or 10 buildings



Class 2–9 buildings


Relevant building surveyor to give reporting authority a copy of an application

Schedule 2 clause 4(2)

3 business days

5 business days

Time after receipt of copy of application for reporting authority to report on or consent to application

Schedule 2 clause 6

5 business days

10 business days

Time after receipt of copy of application for reporting authority to report on or consent to an application for a matter under Division 2 and regulation 4.24 of Part 4

Schedule 2 clause 6

15 business days

Not applicable














Matter




Act provision


Class 1
or 10 buildings



Class 2–9 buildings


Time after receipt of copy of application for responsible authority to report on or consent to application

Schedule 2 clause 6A

15 business days

15 business days


r. 2.5



Time for relevant building surveyor to decide application after all reporting authority consents or reports are received or the end of the relevant time prescribed for the supply of those consents or reports whichever is the earlier

section 19

10 business days

15 business days

Further time for applicant to supply a report or consent of a reporting authority to relevant building surveyor

Schedule 2 clause 5(4)

3 calendar months

6 calendar months


2.6 Issue of building permit

r. 2.6

(1) A building permit must be in the form of Form 2.

(2) A building permit must be signed by the relevant building surveyor.



Reg. 2.6(3) amended by S.R. No. 121/1995 reg. 7.

(3) When a building permit is issued, the relevant building surveyor must forward to the applicant with the building permit—

(a) a copy of the permit; and



Reg. 2.6(3)(b) amended by S.R. No. 161/1996 reg. 10.

(b) 2 copies of the plans, specifications and other documents (except for computations or reports) lodged with the application (whether or not with amendments) with evidence of approval stamped and endorsed on them.

Reg. 2.6(3A) inserted by S.R. No. 74/1999 reg. 9.

(3A) When a building permit is issued to a person other than the owner of the allotment, the relevant building surveyor must also forward a copy of the permit to the owner.

(4) The applicant must ensure that one set of the approved plans, specifications and documents and a copy of the permit is available for inspection at the allotment concerned while the building work for which the building permit was issued is in progress.

(5) The relevant building surveyor must include on the building permit—

(a) the mandatory notification stages for that building work in accordance with regulation 7.1; and

(b) the time limits for commencement and completion of the building work in accordance with regulation 2.8.


Reg. 2.6A inserted by S.R. No. 74/1999 reg. 10.

2.6A Referral to the chief officer

r. 2.6A

When a building permit is issued which involves the installation of fire sprinklers and the installation does not meet the deemed-to-satisfy provisions of the BCA the relevant building surveyor must forward details of the installation to the chief officer.

2.7 Records

(1) If a council is required to keep documents under the Act or these Regulations or any corresponding previous regulations in relation to building permits and applications for building permits, the documents must be kept as follows—

(a) Class 1a buildings (other than alterations to Class 1a buildings)—in their original form for not less than 10 years after the date of issue of the occupancy permit; and

(b) Class 10 buildings and alterations to Class 1a buildings—in their original form for not less than 10 years after the date of issue of certificate of final inspection; and

(c) Class 2 and 3 buildings, alterations within sole-occupancy units—

(i) in their original form for 10 years from the date of the issue of the certificate of final inspection; and

(ii) after that period in their original form or in any other manner approved by the Keeper of Public Records until the building is demolished or removed from the allotment; and

(d) all other buildings—

(i) in their original form for 10 years from the date of the occupancy permit or certificate of final inspection; and

(ii) after that period in their original form or in any other manner approved by the Keeper of Public Records until the building is demolished or removed from the allotment.

(2) If an occupancy permit or certificate of final inspection has not been issued in respect of a building or building work a period referred to in sub-regulation (1) begins on the date of issue of the building permit for the building or work.

2.8 Commencement and completion of work


r. 2.8

(1) If a building permit is issued the building work—

(a) must commence—

(i) in the case of the re-erection of a Class 1 or 10 building within 6 months of the date of issue of the building permit; and

(ii) in any other case within 12 months of the date of issue of the building permit; and

(b) must be completed—


Reg. 2.8(1)(b)(i) substituted by S.R. No. 176/2001 reg. 6.

(i) within 6 months after the building work commences in the case of a swimming pool or spa, or any barrier or safety equipment associated with a swimming pool or spa; or

Reg. 2.8(1)(b)(ia) inserted by S.R. No. 176/2001 reg. 6.

(ia) within 24 months of the date of issue of the building permit in the case of any other Class 1 or 10 building; or
(ii) within 12 months of the date of issue of the building permit in the case of a permit to re-erect a building; or

(iii) within 36 months of the date of issue of the building permit in any other case.

(2) If a building permit is issued for a stage of building work a reference in sub-regulation (1) to the issue of a permit is deemed to be a reference to the issue of the building permit for the first stage of the building work.

(3) A building permit lapses if the building work authorised by that permit has not commenced or is not completed within the periods specified in sub-regulation (1).

(4) The relevant building surveyor may extend the period within which any building work is required to be commenced or completed under sub-regulation (1) prior to the lapse of the permit if the relevant building surveyor considers that the extent of the building work warrants an extension.


Reg. 2.9 amended by S.R. No. 74/1999 reg. 11.

2.9 Use of documents

r. 2.9

On the request of an owner or mortgagee of the building or land, or a person authorised in writing by an owner or mortgagee of a building or land, the relevant council must provide the person making the request with a copy of any documents submitted with an application for a building permit in respect of the building or land.

2.10 Requests for information

(1) Any person may request the relevant council to provide in respect of any building or land—


Reg. 2.10(1)(a) amended by S.R. No. 121/1995 reg. 8(a).

(a) details of any permit or certificate of final inspection issued in the preceding 10 years; and


Reg. 2.10(1)(b) amended by S.R. No. 121/1995 reg. 8(b).

(b) details of any statement issued under 3.3(2) of these Regulations, current notice, order or certificate issued under these Regulations or the Act; and or the Building Control Act 1981 or the Victoria Building Regulations 1983; and

(c) information on whether it is in an area which is—

(i) liable to flooding within the meaning of regulation 6.2; or

(ii) designated under regulation 6.3 as an area in which buildings are likely to be subject to infestation by termites; or

(iii) a designated bush fire prone area determined under regulation 6.4; or

(iv) an area determined under regulation 6.5 to be likely to be subject to significant snowfalls;



Reg. 2.10
(1)(c)(v) inserted by S.R. No. 121/1995
reg. 8 (c).


r. 2.10

(v) designated land within the meaning of regulation 6.6.



Reg. 2.10(2) substituted by S.R. No. 24/1996 reg. 5.

(2) An owner or mortgagee of a building or land or a prescribed building practitioner under section 137B of the Act may request the relevant council to provide inspection approval dates of the mandatory notification stages for building work carried out on that building or land.

Reg. 2.10(3) substituted by S.R. No. 24/1996 reg. 5.

(3) A recognised person within the meaning of the House Contracts Guarantee Act 1987 may request the relevant council to provide inspection approval dates of the mandatory notification stages for building work to which a guarantee under that Act applies.

2.11 Fees for requests for information



r. 2.11

The fee for the provision of information under regulation 2.10(1), (2) or (3) is $30.

2.12 Change of owner or builder

An owner of a building or land for which a building permit has been issued must notify the relevant building surveyor within 14 days after any change in the name or address of the owner or of the builder carrying out the building work.


  1. 10 penalty units.

2.13 Information to be supplied to council

In addition to the requirements of section 73 of the Act, the relevant building surveyor must within 7 days—

(a) after issuing a certificate of final inspection, give to the relevant council a copy of the certificate; and

(b) after issuing an occupancy permit or a certificate of final inspection, give to the relevant council the inspection approval dates for mandatory notification stages for the building work.



  1. 10 penalty units.

2.14 Guarantees and bonds

(1) The prescribed circumstances for the purposes of section 22 of the Act are the demolition, removal or re-erection of a building.




Reg. 2.14(2) substituted by S.R. No. 74/1999 reg. 12.

(2) The amount of the bond or guarantee referred to in section 22 of the Act—

(a) in the case of the demolition or removal of a building, must not exceed the lesser of—

(i) the estimated cost of carrying out the work authorised by the building permit; or

(ii) $100 for every 1 m2 of floor area of the building; and

(b) in the case of the re-erection of a building, must not exceed the lesser of—

(i) the estimated cost of carrying out the work authorised by the building permit; or

(ii) $5000.


Reg. 2.15 substituted by S.R. No. 79/1997 reg. 9.

2.15 Documents to be lodged with council

r. 2.15

(1) The following documents are prescribed for the purposes of section 30(1A) of the Act—

(a) a notice given to the relevant building surveyor under section 24(4) of the Act;

(b) a notice given to the relevant building surveyor under section 24(4A) of the Act;

(c) a notice served on the relevant building surveyor under section 84 of the Act;

(d) a notice given to the relevant building surveyor under section 85 of the Act;

(e) a determination of the relevant building surveyor under section 87 of the Act;

(f) a determination of the Building Appeals Board;
(g) a determination of the relevant building surveyor under the BCA that an alternative solution complies with a performance requirement of the BCA;

(h) a report and consent of a reporting authority referred to in regulation 2.2;

(i) a determination of the relevant building surveyor under regulation 3.2;

(j) an exemption given by the municipal building surveyor or a private building surveyor under regulation 3.3;

(k) a document setting out any requirement of the relevant building surveyor under regulation 5.3 to take precautions to protect the safety of the public;

(l) a consent of the relevant building surveyor under regulation 5.7;



Reg. 2.15(1)(la) inserted by S.R. No. 74/1999 reg. 13.

r. 2.15

(la) a consent of the relevant building surveyor under regulation 5.8;

(m) an exemption given by the relevant building surveyor under regulation 9.9;

(n) any document required by the relevant building surveyor under clause 2 of Schedule 2 of the Act or regulation 2.1(3).

(2) The prescribed time for the purposes of section 30(1A) of the Act is 7 days after the issue of the building permit.




Reg. 2.16 revoked by S.R. No. 121/1995 reg. 9, new reg. 2.16 inserted by S.R. No. 161/1996 reg. 11, amended by S.R. No. 79/1997 reg. 10.

2.16 Lodgement fees

The prescribed lodgement fee for the purposes of section 30 and clause 1 of Schedule 2 of the Act for building work with a cost of $5000 or more is—

(a) in the case of building work for a Class 1a or 10 building, $15; and

(b) in the case of any other building work, $30.




Reg. 2.17 substituted by S.R. No. 121/1995
reg. 10.


2.17 Building Administration Fund

r. 2.16

(1) If the relevant building surveyor receives an amount under section 201 of the Act in respect of an application for a building permit the relevant building surveyor must—

(a) record the date and amount of levy received; and

(b) within 7 days after the end of each month pay into the Building Administration Fund all amounts received for building permits issued during that month and forward to the Commission a form signed and completed to the effect of Form 4.


Reg. 2.17(2) revoked by S.R. No. 161/1996 reg. 12.

* * * * *



Reg. 2.18 inserted by S.R. No. 121/1995 reg. 11, substituted by S.R. No. 161/1996 reg. 13.

2.18 Permit and approval details

(1) A relevant building surveyor must within 7 days after the end of each month forward to the Commission in a form signed and completed to the effect of Form 5—

(a) details of permits issued by that relevant building surveyor during that month; and

(b) in respect of any building permit issued by the relevant building surveyor on or after 1 February 1997, details, to the knowledge of the relevant building surveyor, of any building work which is commenced or is completed or abandoned during that month or any permit which lapses during that month.

(2) A council must, at the request of the Commission, provide to the Commission a copy of the building permit register kept by that council under the Act, or extracts from that register.


Reg. 2.19 inserted by S.R. No. 74/1999 reg. 14.

2.19 Display of certain building permits

r. 2.19

An owner of an allotment must—

(a) ensure that a copy of a building permit for the demolition or removal of a building on the allotment is displayed on the allotment in a conspicuous position accessible to the public as soon as practicable after the owner receives a copy of that permit; and

(b) take all reasonable steps to ensure that a copy of that permit continues to be so displayed for the duration of that building work to which the permit applies.


  1. 10 penalty units.

_______________

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