Victorian Current Acts

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BUILDING ACT 1993 - SECT 10

Application of new building regulations or binding determinations to building work

S. 10(1) amended by No. 11/2023 s. 4(2).

    (1)     A building regulation or an amendment to a building regulation or a binding determination that applies to a building regulation, does not apply to the carrying out of any building work in accordance with a building permit existing immediately before the building regulation or amendment commences or the binding determination comes into effect.

S. 10(2) amended by No. 11/2023 s. 4(3).

    (2)     A building regulation, or an amendment to a building regulation or a binding determination that applies to a building regulation, does not apply to the carrying out of building work if the relevant building surveyor is satisfied, and certifies in writing, that substantial progress was made on the design of the building before the building regulation or amendment commenced or the binding determination came into effect.

S. 10(3) amended by No. 11/2023 s. 4(4).

    (3)     Subject to any determination of the Building Appeals Board, building work referred to in subsection (1) or (2) must be carried out in accordance with the provisions of any regulations, by-laws, local laws or enactments in force at the material times as if the building regulation or amendment or binding determination had not come into operation.

S. 10(4) amended by No. 11/2023 s. 4(5).

    (4)     Despite subsections (1) to (3), the relevant building surveyor and the owner of the building or land concerned may agree that a building regulation, or an amendment to a building regulation, or a binding determination, is to apply to the carrying out of building work referred to in those subsections.



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