Building Amendment (General) Regulations 2014

Building Amendment (General) Regulations 2014

S.R. No. 37/2014

table of provisions

RegulationPage

RegulationPage

1Objectives

2Authorising provisions

3Principal Regulations

4Authorising provisions

5Regulation 321 substituted

321Building permit levies

6Permit details

7Minimum street setbacks

8Building height

9Site coverage

10Permeability

412Permeability

11Side and rear setbacks

12Walls and carports on boundaries

415Walls and carports on boundaries

13Private open space

14Front fence height

15Self contained smoke alarms

16Residential care buildings—automatic fire sprinkler systems

17Hard-wired smoke alarms or detection system

18Shared accommodation buildings—automatic sprinkler
systems

19References to Building Commission replaced with references
to Victorian Building Authority

20Accreditation fees

21References to Building Commission replaced with references
to Victorian Building Authority

22Appeals and Reviews

23Appeal periods

24Fees to be refunded

25New Division 2 of Part 16 inserted

Division 2—Victorian Civil and Administrative Tribunal

1605Review period

26Authorised officers

27References to Building Commission replaced with references
to Victorian Building Authority

28Schedule 5—Planning schemes

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S.R. No. 37/2014

Building Amendment (General) Regulations 2014

statutory rules 2014

S.R. No. 37/2014

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S.R. No. 37/2014

Building Amendment (General) Regulations 2014

Building Act 1993

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S.R. No. 37/2014

Building Amendment (General) Regulations 2014

Building Amendment (General) Regulations 2014

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S.R. No. 37/2014

Building Amendment (General) Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 20 May 2014

Responsible Minister:

MATTHEW GUY

Minister for Planning

CHIARA EDWARDS

Acting Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Building Regulations 2006—

(a)to replace references to the Building Commission with references to the Victorian Building Authority; and

(b)to replace references to the Building Administration Fund with references to the Victorian Building Authority Fund; and

(c)to update other references to reflect recent amendments to the Building Act 1993; and

(d)to update certain siting requirements for consistency with planning schemes specified in Schedule 5; and

(e)to provide that the requirements for permeability and walls and carports on boundaries may be overridden by relevant planning scheme requirements; and

(f)to make other miscellaneous amendments.

2Authorising provisions

r. 2

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 2006[1] are called the Principal Regulations.

4Authorising provisions

In regulation 102 of the Principal Regulations omit"75H,".

5Regulation 321 substituted

For regulation 321 of the Principal Regulations substitute—

"321 Building permit levies

(1)If the relevant building surveyor receives an amount of levy under Subdivision 4 of Division2 of Part12 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 account of the Victorian Building Authority Fund all amounts of levy received for building permits issued during that month; and

(c)within 7 days after the end of each month forward to the Authority, in a form approved by the Authority, the information set out in subregulation (2).

(2)For the purposes of section 205J(1) of the Act, in addition to the information set out in section205J(1)(d)(i) and (ii) of the Act, the following information is required to be given to the Authority in respect of each building permit issued during the month—

(a)details of the permit;

(b)details of the property in respect of which the permit is issued;

(c)details of the ownership of that property;

(d)details of the building work for which the permit is issued;

(e)details of any builder engaged in the building work;

(f)details of any draftsperson or architect engaged to prepare documents for the building work;

(g)details of any relevant planning permit;

(h)details of the cost of the building work.".

6Permit details

r. 6

In regulation 322 of the Principal Regulations, for "Commission" (where twice occurring) substitute"Authority".

7Minimum street setbacks

(1)In regulation 409(1)(b) of the Principal Regulations, for "the Schedule" substitute
"a Schedule".

(2)In regulation 409(1) of the Principal Regulations, for "the Schedule to that zone in the planning scheme" substitute"that Schedule".

8Building height

r. 8

For regulation 410(1) of the Principal Regulations substitute—

"(1) If—

(a)an allotment is in a zone of a planning scheme specified in Schedule 5; and

(b)a Schedule to that zone or a clause applying to that zone, specifies a maximum height for buildings—

the height of a building on that allotment must not exceed the relevant height specified in that Schedule or clause (as the case may be).".

9Site coverage

(1)In regulation 411(1)(b) of the Principal Regulations, for "the Schedule" substitute
"a Schedule".

(2)In regulation 411(1) of the Principal Regulations, for "the Schedule to that zone in the planning scheme" substitute "that Schedule".

10Permeability

For regulation 412 of the Principal Regulations substitute—

"412 Permeability

(1)If—

(a)an allotment is in a zone of a planning scheme specified in Schedule 5; and

(b)a Schedule to that zone specifies that an allotment must have a minimum area of permeable surfaces—

theamount of the allotment that must have a permeable surface must not be less than the minimum area of permeability specified in that Schedule.

(2)If subregulation (1) does not apply, and if a building is to be constructed on an allotment, at least 20% of the area of the allotment must have a permeable surface.

(3)The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.".

11Side and rear setbacks

r. 11

(1)In regulation 414(1)(b) of the Principal Regulations, for "the Schedule" substitute
"a Schedule".

(2)In regulation 414(1) of the Principal Regulations, for "the Schedule to that zone in the planning scheme" substitute "that Schedule".

(3)The note and diagram at the foot of regulation 414 of the Principal Regulations are revoked.

12Walls and carports on boundaries

For regulation 415 of the Principal Regulations substitute—

"415 Walls and carports on boundaries

(1)This regulation applies to the construction of—

(a)a wall on or within 200mm of a side or rear boundary of an allotment; or

(b)a carport constructed on or within 1m of a side or rear boundary of an allotment and which is open on the side facing the boundary or boundaries.

(2)If—

(a)an allotment is in a zone of a planning scheme specified in Schedule 5; and

(b)a Schedule to that zone specifies the maximum length of the wall, or of the carport, or of the wall and carport or that length combined with the length of any existing wall or carport—

the wall, or carport, or the wall and carport or the length combined with the length of any existing wall or carport must not exceed the length specified in that Schedule.

r. 12

(3)If subregulation (2) does not apply, the length of the wall, or of the carport, or of the wall and carport or that length combined with the length of any existing wall or carport, must not exceed the greater of the following lengths—

(a)10m plus 25% of the remaining length of the boundary of the adjoining allotment; or

(b)the length of any existing wall or carport constructed on an adjoining allotment which is within 200mm of the boundary of that allotment if the proposed construction abuts the existing wall or carport.

(4)The wall or carport must not exceed—

(a)an average height of 32m; and

(b)a maximum height of 36m.

(5)Despite subregulation (4), if a wall or carport abuts an existing wall or carport it may be constructed to the same height as that wall or carport.

(6)The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.".

13Private open space

r. 13

(1)In regulation 421(1)(b) of the Principal Regulations, for "the Schedule" substitute
"a Schedule".

(2)In regulation 421(1) of the Principal Regulations, for "the Schedule to that zone in the planning scheme" substitute "that Schedule".

14Front fence height

(1)In regulation 424(1)(b) of the Principal Regulations, for "the Schedule" substitute
"a Schedule".

(2)In regulation 424(1) of the Principal Regulations, for "the Schedule to that zone in the planning scheme" substitute "that Schedule".

15Self contained smoke alarms

At the foot of regulation 707(3) of the Principal Regulations insert—

"Note

The Victorian Building Authority became the successor in law to the Building Commission on 1 July 2013.".

16Residential care buildings—automatic fire sprinkler systems

r. 16

(1)In regulation 708(3) of the Principal Regulations, for "Practice Note 2006-07 issued by the Building Commission in May 2006" substitute"Practice Note 2008-07 issued by the Building Commission in 2008".

(2)At the foot of regulation 708(3) of the Principal Regulations insert—

"Note

The Victorian Building Authority became the successor in law to the Building Commission on 1 July 2013.".

17Hard-wired smoke alarms or detection system

At the foot of regulation 709(3) of the Principal Regulations insert—

"Note

The Victorian Building Authority became the successor in law to the Building Commission on 1 July 2013.".

18Shared accommodation buildings—automatic sprinkler systems

(1)Regulation 710(3) of the Principal Regulations is revoked.

(2)In regulation 710(6)(e) and (7)(g) of the Principal Regulations, for "Practice Note 2006-13 issued by the Building Commission in May 2006" substitute"Practice Note 2008-13 issued by the Building Commission in November 2008".

(3)At the foot of regulation 710(6)(e) and (7)(g) of the Principal Regulations insert—

"Note

The Victorian Building Authority became the successor in law to the Building Commission on 1 July 2013.".

19References to Building Commission replaced with references to Victorian Building Authority

r. 19

(1)In regulation 807(3) of the Principal Regulations, for "Commission" substitute"Authority".

(2)In regulation 807(4) of the Principal Regulations, for "Building Commission" substitute "Authority".

(3)In regulation 810(5) of the Principal Regulations, for "Commission" substitute "Authority".

(4)In the heading to regulation 1103 of the Principal Regulations, for "Commission" substitute "Authority".

(5)In regulation 1105(b) of the Principal Regulations, for "Commission" substitute "Authority".

(6)In regulation 1209(a) of the Principal Regulations, for "Commission" substitute "Authority".

(7)In regulation 1215(a) of the Principal Regulations, for "Commission" substitute "Authority".

20Accreditation fees

In regulation 1405(2) of the Principal Regulations, for "Building Administration Fund" substitute"Building account of the Victorian Building Authority Fund".

21References to Building Commission replaced with references to Victorian Building Authority

(1)In regulation 1406 of the Principal Regulations, for "Commission" substitute"Authority".

(2)In regulation 1407 of the Principal Regulations, for "Commission" substitute "Authority".

(3)In regulation 1408(2) of the Principal Regulations, for "Commission" substitute "Authority".

(4)In regulation 1409 of the Principal Regulations, for "Commission" substitute "Authority".

(5)In regulation 1507 of the Principal Regulations, for "Commission" substitute "Authority".

22Appeals and Reviews

r. 22

(1)For the heading to Part 16 of the Principal Regulations substitute—

"Part 16—Appeals and Reviews".

(2)In Part 16, before regulation 1601 of the Principal Regulations insert—

"Division 1—Building Appeals Board".

23Appeal periods

Regulation 1601(c) of the Principal Regulations is revoked.

24Fees to be refunded

(1)In regulation 1604(1) and (2) of the Principal Regulations, for "Building Administration Fund" substitute"Building account of the Victorian Building Authority Fund".

(2)In regulation 1604(2) of the Principal Regulations, for "Commissioner" substitute "Authority".

25New Division 2 of Part 16 inserted

After regulation 1604 of the Principal Regulations insert—

"Division 2—Victorian Civil and Administrative Tribunal

1605Review period

The period within which an application for review by the Victorian Civil and Administrative Tribunal under sections25J and182A of the Act must be lodged is 60days.".

26Authorised officers

r. 26

In regulation 1702(a) of the Principal Regulations, for "Commissioner" substitute"Chief Executive Officer or any person appointed or engaged under section204 of the Act who is an authorised person within the meaning of section228 of the Act".

27References to Building Commission replaced with references to Victorian Building Authority

(1)In the note at the foot of regulation 1803 of the Principal Regulations, for "Commission" substitute"Authority".

(2)In regulation 1901(1) and (2) of the Principal Regulations, for "Commission" substitute"Authority".

(3)In Note 5 at the foot of Form 1 in Schedule 2 to the Principal Regulations, for "Building Commission" substitute"Victorian Building Authority".

28Schedule 5—Planning schemes

(1)In Schedule 5 to the Principal Regulations, for "Regulations 403, 409(1), 410(1), 411(1), 414(1), 421(1), 424(1)"substitute"Regulations 403, 409(1), 410(1), 411(1), 412(1), 414(1), 415(2), 421(1) and 424(1)".

(2)In Schedule 5 to the Principal Regulations, for item 2 substitute—

(3)In Schedule 5 to the Principal Regulations, after item 2 insert—

r. 28

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ENDNOTES

Endnotes

1

[1] Reg. 3:S.R. No. 68/2006. Reprint No. 2 as at 25 October 2011. Reprintedto S.R. No. 92/2011. Subsequently amended by S.R.Nos73/2011, 63/2012, 80/2013, 97/2013 and 161/2013.

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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 2004.