Victorian Numbered Regulations

BUILDING REGULATIONS 2006 (SR NO 68 OF 2006) - NOTES

S.R. No. 68/2006

__________________

INDEX 201

STATUTORY RULES 2006

S.R. No. 68/2006

Building Act 1993

Building Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 6 June 2006

Responsible Minister:
ROB HULLS
Minister for Planning

RUTH LEACH
Clerk of the Executive Council

ENDNOTES

Endnotes

Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 2004

Note that 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.

In this table—

"Building Code of Australia" means the Building Code of Australia published by the Australian Building Codes Board—

(a)     as amended or remade from time to time; and

(b)     as amended by the Victoria Appendix to that Code published by that Board as that Appendix is amended or remade from time to time;

"Commission" means the Building Commission established under Part 12 of the Building Act 1993.

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 105 Definition of "fire performance requirement"	Building Code of Australia	Performance requirement BP1.1, DP2, DP3, DP4 or DP6 (to the extent that it relates to fire safety). Performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5, EP1.6, EP2.1 or EP2.2 of Volume One; and

Endnotes

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
		Performance requirement P2.1, P2.3.1 or P2.3.2 of Volume Two (to the extent that it relates to fire safety for a Class 1b building and a Class 10 building not associated with a Class 1a building)
Regulations 106, 109, 110, 111, 112 and 113	Building Code of Australia	Whole
Regulation 305(b)	Building Code of Australia	Clause A2.2 of Volume One; and Clause 1.2.2 of Volume Two
Regulations 409, 410, 411, 414, 421 and 424 and Schedule 5	Bayside Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time	Schedule to Residential 1 Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones

Endnotes

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
	Glen Eira Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time	Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone
	Kingston Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time	Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone
	Maroondah Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time	Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone

Endnotes

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
	Monash Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time	Schedule to Residential 1 Zone, Residential 2 Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones
Regulation 607(1)	AS 2601—2001 The demolition of structures, published 13 September 2001, as published from time to time	Whole
Regulation 609(1)	Building Code of Australia	Section D of Volume One
Regulation 611	Building Code of Australia	Performance requirement P2.3.1 of Volume Two
Regulation 613(1)(a)(i)	AS 2082—2000 Timber—Hardwood—Visually stress-graded for structural purposes, published 7 March 2000, as published from time to time	Whole
Regulation 613(1)(a)(ii)	AS 2858—2004 Timber—Softwood—Visually graded for structural purposes, published 14 April 2004, as published from time to time	Whole

Endnotes

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 613(1)(a)(iii)	AS/NZS 1748:1997 Timber—Stress-graded—Product requirements for mechanically stress-graded timber, published 5 November 1997, as published from time to time	Whole
Regulation 613(1)(b)(ii)	AS 2082—2000 Timber—Hardwood—Visually stress-graded for structural purposes, published 7 March 2000, as published from time to time	Whole
	AS 2858—2004 Timber—Softwood—Visually graded for structural purposes, published 14 April 2004, as published from time to time	Whole
Regulation 613(1)(b)(iii)	AS 1613—2005 Timber—Colours for marking F-grades, published 13 September 2005, as published from time to time	Whole
Regulation 613(2)(c)	AS 1720.1—1997 Timber structures (SAA Timber Structures Code)—Design methods, published 5 November 1997, as published from time to time	Whole
Regulation 703(b)	AS 1926.1—1993 Fencing for swimming pools, published 26 July 1993, as published from time to time	Whole
Regulation 707(2)	AS 3786—1993 Smoke alarms, published 13 April 1993, as published from time to time	Whole

Endnotes

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 707(3)	Practice Note 2006-27 issued by the Commission in May 2006	Whole
Regulation 708(2)	AS 2118.4—1995 Automatic fire sprinkler systems—Part 4: Residential, published 5 April 1995, as published from time to time	Whole
Regulation 708(3)	Practice Note 2006-07 issued by the Commission in May 2006	Whole
Regulation 709(2)(a)	AS 3786—1993 Smoke alarms, published 13 April 1993, as published from time to time	Whole
Regulation 709(2)(b)	AS 1670.1—2004 Fire detection, warning, control and intercom systems—System design, installation and commissioning—Part 1: Fire, published 29 April 2004 as published from time to time	Whole
Regulation 709(3)	Practice Note 2006-27 issued by the Commission in May 2006	Whole
Regulation 709(5)	Building Code of Australia	Clause 6 of Specification E2.2a of Volume One

Endnotes

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 710(2)	AS 2118.1—1999 Automatic fire sprinkler systems—Part 1: General requirements, published 5 December 1999, as published from time to time	Whole
	AS 2118.4—1995 Automatic fire sprinkler systems—Part 4: Residential, published 5 April 1995, as published from time to time	Whole
Regulation 710(6)	Building Code of Australia AS 2444—2001 Portable fire extinguishers and fire blankets—Selection and location, published 9 November 2001, as published from time to time Practice Note 2006-13 issued by the Commission in May 2006	Clauses E1.4, G4.4 and E4.2 of Volume One. Deemed-to-satisfy provisions of Part E4 of Volume One Whole Whole

Endnotes

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 710(7)	Building Code of Australia	Clauses E1.4, G4.4 and E4.2 of Volume One. Deemed-to-satisfy provisions of Part E4 of Volume One
	Practice Note 2006-13 issued by the Commission in May 2006	Whole
Regulation 1202 definition of "essential safety measure"	Building Code of Australia	Tables I1.1 to I1.11 of Volume One, except the item in Table I1.4 relating to artificial lighting; and Clause I1.2 of Volume One
Regulations 1801, 1802 and item 5 of Schedule 8	Building Code of Australia	Clause A3.2 of Volume One Clause 1.3.2 of Volume Two
Regulation 1808(3)	Building Practitioners' Insurance Ministerial Order published 12 May 2005	Whole

Endnotes

INDEX

Subject	Regulation
Act (def.)	105
Adjoining properties – Protection work	602–603, Sch. 2
Aerials See Masts, poles, aerials, antennas
Allotments
application of Part 5, Division 1	501
combined allotments	326–327, 502
definition	105
details required for building permit applications	302–305
Alpine areas See Designated special areas
Alterations
affecting exits and paths to exits	609
building permit applications for	303
car parking spaces not to be reduced by	413
definition	105
exemptions from permits, regulations	Sch. 8
extensions of single-storey external walls	611
general requirements	608
Antennas See Masts, poles, aerials, antennas
Appeals	1601–1604
Architectural features	505, 513
Authorised officers	1702
Awnings	508, 513
Balconies	419, 506, 513
BCA See Building Code of Australia
Booths See Temporary structures
Builders
categories, qualifications	1503, Sch. 7
change of name, address	318
exemptions from certain insurance requirements	1807–1809
exemptions from registration	1810–1812
testing of materials used in building work	601
Building Appeals Board	1601–1604
Building Code of Australia
adoption, compliance with	109–113
Board as accrediting body	1402
definition of BCA	105
use of BCA terms	106
Building envelopes	305, 402, 406
Building infringements See Infringements
Building notices	904
Building orders	905–906
Building permits
applications	301–307, Sch. 2, Sch. 3
bonds, guarantees as condition of	323
change of name, address of persons issued to	318
commencement, completion of work under	313, 315
copies of permit, other documents regarding	314, 316–317
documents, information kept, provided by councils	319–320, 324–327
exemptions	1801, 1803, 1804, 1806, Sch. 8
Subject	Regulation
fees	312, 320
forms	313, Sch. 2
information for Commission	321–322
issue	313, Sch. 2
lapse	315, 322
levies	321
mandatory notification stages set out in	313, 901
prescribed matters reported on by prescribed reporting authorities	308–312, Sch. 4
regarding
alterations to existing buildings	303
buildings above, below public facilities	515
buildings over easements	310
construction of buildings	302, 305
demolition, removal of buildings	304
fire safety matters	309, Sch. 4
non-complying single Class 1 and associated Class 10a building	408–422
non-complying Class 10b buildings	424–431
precautions erected over street alignment during building work	604
projections	513
septic tank systems	801
special areas	305, 802–806
stages of building work	306, 315
stormwater drainage	610
reports on need for electricity sub-stations	311, Sch. 4
Building practitioners
categories, classes of	1503, Sch. 7
certificates of compliance issued by	111, 1505–1507
evidence of certificates for building permits	305
exemptions	1807–1814
fees for duplicate certificates issued to	1508
professional standards	1502
qualifications	1503, Sch. 7
requests for certain information from councils	326–327
See also Building surveyors
Building Practitioners Board	204, 1501
Building products – Accreditation
application of Part 14, Division 2	1403
applications	1404
BCA Board as prescribed body for	1402
certificates	1406
confidentiality of information	1410
definitions	1401
false claims	1411
fees	1405
records regarding	1409
register of accredited products	1407
revocation	1408
Subject	Regulation
Building Regulations Advisory Committee	110, 1403–1411
Building surveyors
directions by	902
exempted from giving documents to councils	1805
municipal building surveyors	502, 503, 606, 903, 1009, 1011, 1211, 1702
powers, duties regarding
alterations to existing buildings	608–609
building notices	904
building orders	905–906
building permits	302, 304–306, 311, 313–315, 319–322
bushfire prone areas	804
certificates of final inspection	322, 1012, 1015
change of use of buildings, places	1011
classification of buildings	112
combined allotments	502
demolition	607
emergency orders	903
essential safety measures, maintenance	1203–1204, 1206, 1211
excavations	605
fire performance requirements	113
fire sprinkler	309
levies, information for Commission	321–322
mandatory notification stages for inspection	901, 1012
materials used in construction work	601
occupancy permits	1008, 1009, 1012–1014
pile-driving operations	612
protection of adjoining properties	602–603
protection of public during building work	604
retaining walls	606
stormwater drainage	610
subdivisions of existing buildings	503
private building surveyors	502, 503, 1011, 1504
qualifications	1503, Sch. 7
Building work
branding of timber used in structural work	613
certificates of civil engineers	603
certificates of compliance	111, 1505–1507
copies of permit, documents for person in charge	316
directions regarding	902
display of permit, other information at site of	317
excavations	604–606
exemptions from permits, regulations	1801, 1802, Sch. 8
in special areas	802–807
information for Commission	322
mandatory notification stages	313, 326, 901, 1012
orders, notices regarding	903–906
pile driving	612
Subject	Regulation
protection of adjoining properties	602–603, Sch. 2
protection of public	305, 604
stormwater drainage	610
testing of materials used in	601
time limits on commencement, completion	313, 315
See also Alterations; Certificates of final inspection; Demolition and removal; Fire safety; Swimming pools and spas; Walls
Buildings
above, below certain public facilities	515
change of use	1011
classification	112
references to purpose of	108
Bus terminals	515
Bushfire prone areas See Designated special areas
Car parking spaces	302, 413
Carports	414–416, 420, 426
Certificates of compliance	111, 1505–1507
Certificates of consent	201–204
Certificates of final inspection
application of Part 10	1001
copies, documents for councils	1012
exemptions	1804
form	1006, Sch. 2
information for Commission	322
information from councils regarding	326–327
notice to chief officer of issue of	1015
Certificates of title	305
Chief officer
as authorised officer	1702
as prescribed reporting authority and prescribed matters reported on by	308–309, Sch. 4
inspection of essential safety measures records	1211
notice of certificates of final inspection	1015
powers, functions regarding occupancy permits	1003, 1009
Chimneys	414, 431
Class 1 buildings
commencement, completion of building work for	315
extension of single-storey external walls	611
fees for appeals regarding	1602
fire safety	707
maximum street setback	408
siting of single Class 1 buildings	401, 405, 407–421
swimming pools, spas appurtenant to	702, 1219–1220
Class 1a buildings	1001
Class 1b buildings	707, 709, 1007, 1009, 1201, 1212, 1218
Class 2 buildings	609, 702, 707, 1001, 1007, 1009, 1201, 1212, 1218–1220
Subject	Regulation
Class 3 buildings	609, 702, 707, 709–710, 1001, 1007, 1009, 1201, 1212, 1218–1220
Class 4 buildings	609, 702, 707, 1201, 1219–1220
Class 5 buildings	609, 1007, 1009, 1201, 1212, 1218
Class 6 buildings	609, 1007, 1009, 1201, 1212, 1218
Class 7 buildings	609, 1007, 1009, 1201, 1212, 1218
Class 8 buildings	609, 1007, 1009, 1201, 1212, 1218
Class 9 buildings	609, 1007, 1009, 1201, 1212, 1218
Class 9a buildings	709
Class 9b buildings	1102
Class 10 buildings
commencement, completion of building work for	315
detached buildings in termite risk areas	803
exemptions for builders of	1811–1812
exemptions from permits, regulations	1804, Sch. 8
exemptions from requirements for special areas	802–803
fees for appeals regarding	1602
occupancy permits not required for	1001
siting of associated Class 10 buildings	401, 405, 407–421
swimming pools, spas appurtenant to	702, 1219–1220
Class 10a buildings	407–422, Sch. 8
Class 10b buildings	423–431, 511, 513, 1811–1812
Commissioner	1702
Committee See Building Regulations Committee
Cooling equipment	414, 417
Cooling tower systems	1301–1304
Councils
as prescribed reporting authority and prescribed matters reported on by	308, Sch. 4
powers, duties, functions regarding
building permits	308, 310, 324–326, 610, Sch. 4
buildings above, below public facilities	515
documents, information given to, kept, provided by	319–320, 324–327
exemptions for farm buildings	1804
non-complying Class 1, Class 10a buildings	408–422
non-complying Class 10b buildings	424–431
occupancy permits	1003, 1010–1014
precautions erected over street alignment during building work	604
projections	513
septic tanks	801
special areas	802–807
Subject	Regulation
Decks	409, 411, 419
Definitions	105, 310, 402, 417–419, 429, 430, 512, 701, 706, 806, 807, 1202, 1203, 1208, 1213, 1401, 1501, 1807, Sch. 7
Demolition and removal
building permit applications for	304
bonds, guarantees for	323
exemptions from permits, regulations	Sch. 8
general requirements, precautions	607
Designated land or works See Designated special areas
Designated special areas
alpine areas	805
building permit applications for allotments in	305
bushfire prone areas	804
definition	807
designated land or works	806
flood areas	802
information from councils regarding	326–327
mapping	807
termite risk areas	803
Domestic building work
certificates of compliance	1506
certificates of consent for owner builders	201–204
classes of builders, qualifications	Sch. 7
exemptions for certain builders, draftspersons	1808–1811, 1813
under major domestic building contracts	1808, 1811
See also Multi-storey residential buildings
Draftspersons	1813–1814, Sch. 7
Drains and drainage	105, 302, 310, 610
Easements	310
Eaves	409, 411, 414
Electricity supply authorities	105, 308, 310–311, Sch. 4
Emergency orders	903
Essential safety measures
annual reports	1208–1211, 1214–1216, 2001
application of Part 12, Division 1, Subdivision 1	1201
as condition of occupancy permit	1203
consolidated list	1206
definition	1202, 1213
in buildings, places constructed before 1 July 1994	1212–1217
maintenance requirements	1203–1206, 1217
maintenance schedules, determinations	1202, 1204, 1206, 1207
records regarding maintenance, service work	1211, 1216
Excavations	604–606
Subject	Regulation
Exits	609, 1218
Farm land, buildings	105, 1804
Fascias	409, 411, 414
Fences
definition	402
Class 10b buildings
height of front fences	424
on street alignments	427
overshadowing of private open space	430
setbacks from habitable room windows	428–429
setbacks from side, rear boundaries	425
within 150mm of side, rear boundaries	426
exemptions from permits, regulations	Sch. 8
for building work over designated land or works	806
for excavations	604
for swimming pools and spas	703–705, 1220
height (def.)	105
Fire safety
connections to fire stations	708, 1003, 1015
fire performance requirements	105, 113
in building permits	309, Sch. 4
requirements in certain residential buildings	706–710
smoke alarms, smoke detection systems	707, 709
sprinkler systems	708, 710
See also Essential safety measures
Flood areas See Designated special areas
Floodplain management authorities	105, 802
Flues	414, 417, 431
Footings	514
Forms	105, 1901, Sch. 2
Fuel tanks (domestic)	414, 417
Gas supply authorities	105, 310
Gutters	409, 411, 414
Heating equipment	414, 417, Sch. 8
Height of buildings
Class 1 single, associated Class 10a buildings	410, 415
definition	105
Impermeable surfaces See Permeability
Infringements	1701–1706, Sch. 2
Landings	409, 414, 419
Light See Private open space; Windows
Maintenance See Essential safety measures
Major domestic building contracts	1808, 1811
Mandatory notification stages See Building work
Marquees See Temporary structures
Masts, poles, aerials, antennas	431, 1812, Sch. 8
Mortgagees	325–327
Multi-storey residential buildings	1807–1809
Municipal councils See Councils
Subject	Regulation
Occupancy permits
application of Part 10	1001
applications	1002–1004, Sch. 2, Sch. 6
applications by prescribed places of public entertainment	1103
change of use of buildings required to have	1011
conditions regarding essential safety measures	1203
conditions regarding places of public entertainment	1105
display, availability for inspection	1007–1009
documents regarding	1010, 1012–1014
exemptions	1801, Sch. 8
form	1005, Sch. 2
reporting authorities	1003
Occupiers	1220
Overlooking	419
Overshadowing	418, 430
Owner builders	201–204, 1809
Owners
definitions	701, 706
rights, duties regarding
change of name, address	318
copies of building permits, related documents	314, 325–327
essential safety measures, maintenance	1205–1217
fire safety in certain residential buildings	706–710
occupancy permits	1007
protection of adjoining property	602–603, Sch. 2
retaining walls	606
swimming pools and spas	701–705
testing of materials used in construction	601
Parking See Car parking spaces
Patios	411, 419
Pergolas
definition	105
encroachment into setback distances	409, 414
exemptions from permits, regulations	Sch. 8
not included in site coverage calculations	411
Permeability	302, 412
Pile-driving	612
Pipes	414, 417, 431, 509, 513
Places of public entertainment
application of Part 11	1101
change of use	1011
maintenance of exits	1218
prescribed classes of buildings, places, structures	1102–1104
safety officers as condition of use	1105
structural design of temporary structures	1106
See also Certificates of final inspection; Essential safety measures; Occupancy permits;
Subject	Regulation
Planning schemes and permits
construction in special areas regulated by	802, 804
projections regulated by	513
references to planning schemes	403
siting matters regulated by	401–403, 406, 409–411, 414, 421, 424, Sch. 5
Platforms See Temporary structures
Poles See Masts, poles, aerials, antennas
Porches	409, 414
Prefabricated buildings See Temporary structures
Private open spaces
definitions	105, 418–419, 430
in building permit applications	302
minimum areas, dimensions	421
overlooking	419
overshadowing	418, 430
Projections
architectural features	505
beyond street alignment	504
buildings into car parking spaces	413
council's report and consent required	513
footings	514
service cabinet doors	512
service pipes and rainwater heads	509
shutters	510
signs	511
sunblinds and awnings	508
verandahs	507
windows and balconies	506
Protection work See Adjoining properties – Protection work
Public facilities
construction of buildings above, below	515
Railways
construction of buildings above, below	515
Rainwater heads	509, 513
Ramps	414
Recreational private open space See Private open space
Re-erection of buildings	315, 323
Registrar See Building Practitioners Board
Regulations
authorising provisions	102
commencement	103
exemptions	1802–1804, Sch. 8
numerical values prescribed in	107
objectives	101
revocations	104, Sch. 1
transitional provisions	2001–2002
Relocatable buildings	Sch. 8
Removal of buildings See Demolition and removal
Subject	Regulation
Residential buildings
fire safety requirements	706–710
multi-storey residential buildings	1807–1809
Residential care buildings	708–709
Retaining walls	606, 806, Sch. 8
Revocations	104, Sch. 1
Seating stands See Temporary structures
Screens	409, 414, 419, Sch. 8
Septic tank systems	105, 801, 1003
Service authorities	310
Service cabinet doors	512, 513
Service installations	509, 513
Service pipes See Pipes
Setbacks
Class 1 buildings, associated Class 10a buildings
from existing habitable room windows	416–417
side and rear setbacks	414
street setbacks	408–409
definition	105
fences	425, 427–429
Sewerage authorities	105, 310
Shade sails	409, 414
Shared accommodation buildings	710
Shutters	510, 513
Signs	511, 513, 1811, Sch. 8
Single dwellings See Class 1 buildings
Site coverage	105, 411
Siting
application of Part 4	401
Class 1 single and associated Class 10a buildings	407–422
Class 10b buildings	423–431
dealt with by approved building envelopes	402, 406
references to existing buildings in Part 4	404
regulated by planning schemes	401, 403, 409, 411, 414, 421, 424, Sch. 5
Smoke alarms, smoke detection systems	707, 709
Sole occupancy units	706–707, 710, 1001, 1201
Spas See Swimming pools and spas
Special areas See Designated special areas
Sprinkler systems	309, 708, 710
Stages See Temporary structures
Stairways	414
Steps	409
Storm water See Drains and drainage
Street setbacks See Setbacks
Subject	Regulation
Streets
construction of buildings above, below	515
definition	105, 409
See also Projections; Setbacks
Subdivision of existing buildings	326–327, 503
Sunblinds	409, 414, 508, 513
Survey plans	305
Swimming pools and spas
application of Part 7, Division 1	702
completion of building work for	315
constructed, approved before 8 April 1991	701–705
exemptions from permits, regulations	Sch. 8
fences, other barriers	703–705
maintenance	1219–1220
not included in site coverage calculations	411
owners (def.)	701
Temporary structures
certificates of compliance	1506
exemptions from permits, regulations	1803, Sch. 8
prescribed classes, structures	1102, 1104
structural design	1106
Tents See Temporary structures
Termite risk areas See Designated special areas
Terraces	411, 419
Timber	613
Transitional provisions	2001–2002
Verandahs	409, 414, 420, 507, 513
Walls
boundary walls	415
demolition of external walls on street alignments	607
extensions of single-storey external walls	611
fences abutting	426
height (def.)	105
retaining walls	606, 806, Sch. 8
setbacks from habitable room windows	416
used as barriers to swimming pools, spas	703–705
Water supply authorities	105, 310
Water tanks	414, 417
Waterway management authorities (def.)	806
Windows
daylight to habitable room windows	416, 420
in walls used as barriers to swimming pools, spas	703, 705
overlooking to, from habitable room windows	419
projections beyond street alignment	506, 513
projections of shutters	510, 513
setbacks of Class 1 buildings from	416–417
setbacks of fences	428–429