Victorian Current Acts

BUILDING ACT 1993 - SECT 28

    (1)     Despite section 24, the relevant building surveyor may issue a building permit for the carrying out of building work that does not comply with the building regulations if the work is to be carried out on, or in connection with—

S. 28(1)(a) substituted by No. 93/1995 s. 218(1) (Sch.  2 item 1.1), amended by No. 7/2017 s. 296(1).

        (a)     a building included on the Heritage Register established under the Heritage Act 2017 .

S. 28(1)(b) repealed by No. 28/2000 s. 14(1).

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    (2)     The building permit may be issued to enable the carrying out of work appropriate to the style, manner of construction and materials of the building.

    (3)     In deciding an application for a building permit in respect of a building to which subsection (1) applies, the relevant building surveyor must take into account—

        (a)     the structural adequacy of the building; and

        (b)     the requirements necessary to make reasonable provision for the amenity of the building and the safety and health of people using the building.

S. 28(4) inserted by No. 28/2000 s. 14(2), amended by No. 7/2017 s. 296(2).

    (4)     The consent and report of the Executive Director under the Heritage Act 2017 must be obtained to an application to demolish or alter a building which is on a register established under that Act.