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




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Part 15A—Exemptions in Relation to Certain Buildings



Reg. 15A.1 inserted by S.R. No. 79/1997 reg. 20.

15A.1 Exemptions in relation to certain buildings

r. 15A.1

(1) Sections 23, 30, 47, 73 of the Act do not apply to a relevant building surveyor and Clause 1(d) of Schedule 2 of the Act does not apply to an applicant for a building permit in respect of the following classes of buildings—

(a) premises that are used or intended to be used for the provision of residential accommodation by—

(i) a community service established under section 57 of the Children and Young Persons Act 1989; or

(ii) a community service established under section 58 of that Act and that are situated on Crown land or land in relation to which the Secretary to the Department of Human Services or the Director of Housing is registered as proprietor;

(b) premises that are used or intended to be used as—

(i) a remand centre within the meaning of the Children and Young Persons Act 1989;

(ii) a secure welfare service within the meaning of that Act; or
(iii) a youth residential centre within the meaning of that Act; or

(iv) a youth training centre within the meaning of that Act; or

(c) premises that are used or intended to be used as—

(i) a prison established under section 10 of the Corrections Act 1986; or

(ii) a community corrections centre established under Part 9 of that Act.

(d) premises that are used or intended to be used as—

(i) a residential institution within the meaning of the Intellectually Disabled Persons' Services Act 1986; or

(ii) a residential program within the meaning of that Act; or



r. 15A.1

(e) premises that are used or intended to be used for the provision of residential accommodation by a registered residential service within the meaning of the Intellectually Disabled Persons' Services Act 1986;

(f) premises that are used or intended to be used as a courthouse by a court;

(g) premises that are used or intended to be used as a police station;

(h) premises that are used or intended to be used—

(i) as an approved mental health service within the meaning of the Mental Health Act 1986; or

(ii) to provide residential services and 24 hour nursing care for people with a mental disorder within the meaning of that Act and operated with funding provided by the Secretary to the Department of Human Services for that purpose;



r. 15A.1

(i) premises that are used or intended to be used as a youth refuge or a women's refuge operated with funding provided by the Secretary to the Department of Human Services for the purpose of providing a refuge.

_______________



Pt 15B (Heading and regs 15B.1–15B.4) inserted by S.R. No. 16/2001 reg. 4.
Part 15B—Cooling Tower Systems


Reg. 15B.1 inserted by S.R. No. 16/2001 reg. 4.

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

r. 15B.1

For the purposes of Part 5A of the Act, an application to register, or to renew the registration of, a cooling tower system must include the following details in addition to any other requirements imposed by the Act—

(a) the address of the land on which the cooling tower system is located;

(b) the name, postal address and telephone number of the owner of the land on which the cooling tower system is located;

(c) the number of cooling tower systems on the land;

(d) the number of cooling towers in each cooling tower system;

(e) in respect of each cooling tower system—

(i) the location of the system;

(ii) the type of system;

(iii) whether drift eliminators have been fitted to each cooling tower in the system and whether automated biocide dosing devices and automated bleed off devices have been fitted to the system;

(iv) the purpose of the system;

(v) the area served by the system;

(vi) the type of business served by the system;

(vii) the name and telephone number of the owner of the system (if different from the owner of the land);

(viii) the name and telephone number of the person who is responsible for the day to day operation of the system.



Reg. 15B.2 inserted by S.R. No. 16/2001 reg. 4.

15B.2 Annual registration and renewal fees

r. 15B.2

(1) The fee required to be submitted with an application for the registration of a cooling tower system is the amount calculated by multiplying the number of cooling towers in the cooling tower system for which registration is sought by $110.

(2) The fee required to be submitted with an application for the renewal of the registration of a cooling tower system is the amount calculated by multiplying the number of cooling towers in the cooling tower system for which the renewal of registration is sought by $85.



Reg. 15B.3 inserted by S.R. No. 16/2001 reg. 4.

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

For the purposes of section 75DF of the Act, a notification under section 75DF(1) must be in writing and must contain the following details—

(a) in the case of a notification under paragraph (a)—

(i) the location of the cooling tower system affected;

(ii) the type of cooling tower system;

(iii) whether a cooling tower has been added to, or removed from, the system;

(iv) the date that the addition or removal occurred;

(b) in the case of a notification under paragraph (b)—

(i) the location of the cooling tower system;

(ii) whether it has been removed or permanently decommissioned;

(iii) the date on which the cooling tower system was removed or permanently decommissioned;

(c) in the case of a notification under paragraph (c)—

(i) the type of cooling tower system which has been relocated;

(ii) the location from which the cooling tower system has been relocated;



r. 15B.3

(iii) the new location of the cooling tower system;

(iv) whether the cooling tower system is connected to any other cooling tower system;

(v) whether drift eliminators have been fitted to each cooling tower in the cooling tower system and whether automated biocide dosing devices or automated bleed-off devices have been fitted to the cooling tower system;

(vi) the purpose of the cooling tower system;

(vii) the date on which the relocation occurred.


Reg. 15B.4 inserted by S.R. No. 16/2001 reg. 4.

15B.4 Information to be included in the register

r. 15B.4

For the purposes of section 75DH of the Act, the following information is to be included in the register in addition to the other matters specified in the Act—

(a) the name, postal address and telephone number of the owner of the land on which the cooling tower system is located;

(b) the number of cooling tower systems on the land;

(c) the number of cooling towers in each cooling tower system;

(d) whether drift eliminators have been fitted to each cooling tower in the cooling tower system and whether automated biocide dosing devices and automated bleed off devices have been fitted to the cooling tower system;

(e) the purpose of the cooling tower system;

(f) the area served by the cooling tower system.

__________________



Pt 15C (Heading and regs 15C.1–15C.3) inserted by S.R. No. 27/2002 reg. 4.
Part 15C—Exemptions Relating to Multi-Storey Residential Buildings



Reg. 15C.1 inserted by S.R. No. 27/2002 reg. 4.

15C.1 Definitions

r. 15C.1

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.


Reg. 15C.2 inserted by S.R. No. 27/2002 reg. 4.

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.


(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.



r. 15C.2

(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 Insurance Ministerial Order made under 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.



Reg. 15C.3 inserted by S.R. No. 27/2002 reg. 4.

15C.3 Exemptions relating to owner-builders

(1) A person who constructs a multi-storey residential building is exempt from compliance with section 137B(2)(b) of the Act in respect of any contract to sell the building.

(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.

_______________

Part 16—Transitional

16.1 Transitional


r. 16.1

Subject to the Act and without limiting the operation of the Interpretation of Legislation Act 1984, the revocation of the Victoria Building Regulations 1983 and any by-laws or local laws made under those regulations does not affect—

(a) the continuity of any instrument issued or served, or thing done under those regulations, by-laws or local laws before the commencement of this clause; or

(b) the operation of clause 12 of Schedule 4 of the Act.

__________________

SCHEDULES
SCHEDULE 1


Sch. 1


Revocations

S.R. No. 273/1983

Victoria Building Regulations 1983 as continued by clause 11 of Schedule 4 of the Act;

S.R. No. 75/1984

Victoria Building (Amendment) Regulations 1984, No. 1;

S.R. No. 438/1984

Victoria Building (Amendment) Regulations 1984, No. 2;

S.R. No. 98/1986

Victoria Building (Amendment) Regulations 1986, No. 3;

S.R. No. 187/1986

Victoria Building (Amendment) Regulations 1986, No. 4;

S.R. No. 300/1986

Victoria Building (Amendment) Regulations 1986, No. 5;

S.R. No. 143/1988

Victoria Building (Amendment) Regulations 1988, No. 6;

S.R. No. 522/1988

Victoria Building (Amendment) Regulations 1988, No. 7;

S.R. No. 220/1989

Victoria Building (Amendment) Regulations 1989, No. 8;

S.R. No. 263/1990

Victoria Building (Amendment No. 9) Regulations 1990;

S.R. No. 66/1990

Victoria Building (Amendment No. 10) Regulations 1990;

S.R. No. 383/1990

Victoria Building (Thermal Insulation) Regulations 1990;

S.R. No. 26/1991

Victoria Building (Building Code of Australia) Regulations 1991;

S.R. No. 77/1992

Victoria Building (General Amendment) Regulations 1992;

S.R. No. 133/1990

Building Control Qualification Board (Building Surveyors) Regulations 1990;

S.R. No. 134/1990

Building Control Qualification Board (Building Inspectors) Regulations 1990;

S.R. No. 330/1986

Victoria Water Supply and Sewerage Plumbing Regulations 1986;

S.R. No. 159/1993

Building Control Qualification Board (Building Surveyors) (Amendment) Regulations 1993;


Sch. 1



S.R. No. 191/1993

Building Control (Building Referees Boards) (Fees) Regulations 1993;

S.R. No. 215/1993

Building Control Qualification Board (Building Inspectors and Surveyors) (Certificate Fees) Regulations 1993.

_______________

SCHEDULE 2


Sch. 2
Forms

Form 1

Application for a Building Permit

Form 2

Building Permit

Form 3

Building Work Lodgement Form

Form 4

Building Register

Form 5

Building Permit Levy Return

Form 6

Protection Work Notice

Form 7

Protection Response Notice

Form 8

Certificate of Final Inspection

Form 9

Building Infringement Notice

Form 10

Application for Occupancy Permit

Form 11

Occupancy Permit

Form 12

Notice to Approved Guarantor

Form 13

Certificate of Compliance—Documents

Form 14

Certificate of Compliance—Inspection

_______________

Sch. 2 Form 1 substituted by S.R. Nos 121/1995 reg. 52, 24/1996 reg. 8, amended by S.R. No. 161/1996 reg. 30, substituted by S.R. No. 74/1999 reg. 39.
Form 1


Sch. 2


Building Act 1993

BUILDING REGULATIONS 1994

Regulation 2.1(1)(a)

Application for a Building Permit



To (Building surveyor)

From

Owner/Agent of Owner*

* delete as applicable

Postal address

Postcode

Address for serving or giving of documents

Postcode

Indicate if the applicant is a lessee or licensee of Crown land to which this application applies +

+ tick if applicable

Contact person Telephone



Ownership Details (only if agent of owner listed above)

Owner


Postal address

Postcode


Contact person Telephone
Property details

Number Street/road City/suburb/town Postcode

Lot/s LP/PS Volume Folio

Crown allotment Section Parish County

Municipal District Allotment area (for new dwellings only) m2

Land owned by the Crown or a public authority +

+ tick if applicable

Builder (if known)

Name Telephone

Postal address

Postcode


Building practitioners1 and/or architect

(a) to be engaged in the building work2


Sch. 2
Name Category/Class Registration No.

Name Category/Class Registration No.

(If a registered domestic builder carrying out domestic building work attach details of the required insurance)

(b) who were engaged to prepare documents forming part of the application for this permit3

Name Category/Class Registration No.

Name Category/Class Registration No.



Nature of building work*

Construction of a new building  Alterations to an existing building 

Demolition of a building  Removal of a building 

Extension to an existing building  Change of use of an existing building 

Re-erection of a building 

Other 


Proposed use of building4

* Tick if applicable or give other description



Owner Builder5 (if applicable)

I intend to carry out the work as an owner builder. [Yes/No]



Cost of building work

Is there a contract for the building work? [Yes/No]

If yes, state the contract price $

If no, state the estimated cost of the building work


(including the cost of labour and materials) and
attach details of the method of estimation $

Stage of building work

If application is to permit a stage of the work—

Extent of stage

Value of work for this stage $



Signature

Signature of owner or agent Date

Note 1: Building practitioner means—

(a) a building surveyor; or

(b) a building inspector; or

(c) a quantity surveyor; or



Sch. 2

(d) an engineer engaged in the building industry; or

(e) a draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits and permit applications; or

(f) a builder; or

(g) a person who erects or supervises the erection of prescribed temporary structures; or

(h) a person responsible for a building project or any stage of a building project and who belongs to a class of people prescribed to be building practitioners

but does not include—

(i) an architect except in Part 9 and sections 24(3) and 176(6) of the Act; or

(j) a person (other than a domestic builder) who does not carry on the business of building.

Note 2: Include building practitioners with continuing involvement in the building work.

Note 3: Include only building practitioners with no further involvement in the building work.

Note 4: The use of the building may also be subject to additional requirements under other legislation such as the Liquor Control Reform Act 1998 and the Dangerous Goods Act 1985.


Sch. 2


Note 5: If an owner builder, restrictions on the sale of the property apply under section 137B of the Act. Section 137B also prohibits an owner builder of domestic building work from selling the building within 6½ years from the date of completion of the relevant works unless they have satisfied certain requirements including obtaining compulsory insurance. The Building Control Commission maintains a current list of domestic insurance providers.

_______________



Sch. 2 Form 2 substituted by S.R. Nos 121/1995 reg. 53, 24/1996 reg. 9, 161/1996 reg. 31, amended by S.R. No. 74/1999 reg. 40(a)(b).
Form 2

Building Act 1993

BUILDING REGULATIONS 1994

Regulation 2.6

Building Permit

Issued to
Owner/Agent of owner*
Postal address Postcode
Address for serving or giving of documents
Postcode
Contact person Telephone
*delete as applicable


Sch. 2


Ownership Details (only if agent of owner listed above)
Owner
Postal address Postcode
Contact person Telephone

Property details (include Title details as and if applicable)
Number Street/road City/suburb/town Postcode
Lot/s LP/PS Volume Folio
Crown allotment Section Parish County
Municipal District

Builder (if known)
Name Telephone
Address Postcode

Details of building practitioners and architects
a) to be engaged in the building work1
Name Category/Class Registration No.
Name Category/Class Registration No.
b) who were engaged to prepare documents forming part of the application for
this permit2
Name Category/Class Registration No.
Name Category/Class Registration No.

Details of domestic building work insurance3 (delete if not applicable)
The issuer or provider of the required insurance policy is
(insert name of policy issuer or provider)

Details of relevant planning permit (delete if not applicable)
Planning permit no. Date of grant of planning
permit

Nature of building work
*Construction of a new building, extension, alteration, change of use, demolition, removal or re-erection of a building
*(Circle appropriate)

Stage of building work permitted Cost of building work $


Total floor area of new building work m2

Building classification
Part of building BCA Classification
Part of building BCA Classification

Inspection requirements
The mandatory notification stages are

Occupation or Use of building
An occupancy permit/certificate of final inspection* is required prior to the occupation or use of this building
*Circle if applicable

Commencement and completion
This building work must commence by This building work must be completed by
Relevant building surveyor
Name Registration No.
Business/council name Address
Permit No. Date of issue of permit
Signature


Sch. 2


1. Include building practitioner with continuing involvement in the building work.
2. Include only building practitioners with no further involvement in the building
work.
3. Domestic building work forming part of this permit and carried out by the registered domestic builder above must be covered by an insurance policy as
required under section 135 of the Act.

_______________



Sch. 2 Form 3 substituted by S.R. Nos 121/1995
reg. 54, 161/1996 reg. 32, revoked by S.R. No. 79/1997 reg. 21.


* * * * *
_______________

Sch. 2 Form 4 substituted by S.R. Nos 121/1995 reg. 55, 161/1996 reg. 33, amended by S.R. No. 79/1997 reg. 22(a)–(d).
Form 4

Building Act 1993

BUILDING REGULATIONS 1994

Regulation 2.17

Building Permit Levy Return

Month: Year:



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