Victorian Numbered Regulations

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BUILDING REGULATIONS 2006 (SR NO 68 OF 2006) - REG 1011

Change of use

    (1)     A person must not change the use of a building or place of public entertainment unless the building or place of public entertainment complies with the requirements of these Regulations applicable to the new use.

Penalty:     10 penalty units.

    (2)     Despite sub-regulation (1), the municipal building surveyor may exempt a building or place of public entertainment from compliance with any of these Regulations applicable to the new use.

    (3)     In deciding whether to grant an exemption under sub-regulation (2) the municipal building surveyor must take into account—

        (a)     the structural adequacy of the building or place; and

        (b)     the requirements necessary to make reasonable provision for—

              (i)     the amenity of the building or place and the safety and health of people using the building or place; and

              (ii)     avoiding the spread of fire to or from any adjoining building.

    (4)     A private building surveyor may exercise the powers of the municipal building surveyor under this regulation in the case of a building or place of public entertainment for which the private building surveyor has been appointed to issue an occupancy permit.

    (5)     This regulation applies in addition to any requirements under Part 5 of the Act to obtain an occupancy permit in respect of change of use or any requirements under regulation 608 in respect of alterations.



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