Victorian Numbered Regulations

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BUILDING REGULATIONS 2018 (SR NO 38 OF 2018) - REG 233

Alteration to existing building

    (1)     Building work to alter an existing building must comply with these Regulations.

    (2)     Subject to regulations 234 and 236, if the proposed alterations to an existing building, together with any other alterations completed or permitted within the previous 3 years, relate to more than half the original volume of the building, the entire building must be brought into conformity with these Regulations.

    (3)     Despite subregulations (1) and (2) and subject to subregulation (6), the relevant building surveyor may consent to partial compliance of building work or an existing building with subregulation (1) or (2).

    (4)     In determining whether to consent to partial compliance with subregulation (1) or (2) in respect of any alteration to a building, 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—

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

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

    (5)     Any consent to partial compliance under subregulation (3) must be in the form of Form 18.

    (6)     If any part of the alteration is an extension to an existing building, the relevant building surveyor may only consent to partial compliance in respect of the extension if the floor area of the extension is not greater than the lesser of—

        (a)     25% of the floor area of the existing building; and

        (b)     1 000 m 2 .

        234     Alterations affecting exits and paths to exits

    (1)     If a proposed alteration to an existing building other than a Class 1 or 10 building would adversely affect any exit or path of travel to an exit, the building must comply with Section D of the BCA Volume One.

    (2)     The relevant building surveyor may consent to partial compliance of a building with subregulation (1).

    (3)     In determining whether to consent to partial compliance with subregulation (1), the relevant building surveyor must take into account the requirements necessary to make reasonable provision for—

        (a)     the amenity of the building; and

        (b)     the safety and health of people using the building.

    (4)     Any consent to partial compliance under subregulation (2) must be in the form of Form 18.

        235     Extension of non-complying external wall

Despite anything to the contrary in these Regulations, a single storey external wall (including any openings) of a Class 1 building may be extended, once, a maximum of 6 m measured horizontally in similar construction without the extension of the wall complying with performance requirement P2.3.1 of the BCA Volume Two.

        236     Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities

    (1)     Subject to subregulation (4), if an existing building is to contain a new part that must comply with an access provision, any affected part of the building must be brought into conformity with that access provision.

Note

This provision aligns the operation of these Regulations (which incorporates the BCA Volume One) with the Disability (Access to Premises — Buildings) Standards 2010 of the Commonwealth. The Disability (Access to Premises−Buildings) Standards 2010 apply the requirements of the Access Code contained in those Standards (being building requirements relating to access to buildings and associated facilities and services for persons with a disability), not only to new parts of buildings but also to the affected parts of buildings that contain new parts. Affected parts of buildings may be in buildings that pre-date the commencement on 1 May 2011 of the access provisions in the BCA Volume One or they may be in buildings constructed after 1 May 2011.

    (2)     An access provision that was not in force immediately before 1 May 2011 does not apply to building work carried out under a building permit in respect of which an application was made before 1 May 2011, whether the permit was issued before or after 1 May 2011.

    (3)     Despite anything to the contrary in the BCA Volume One, an access provision does not apply to—

        (a)     a new part of an existing Class 1b building if the Class 1b building—

              (i)     has less than 4 bedrooms that are used for rental accommodation; and

              (ii)     was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or

        (b)     a new part of an existing Class 2 building if the Class 2 building was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or

        (c)     the internal parts of a sole-occupancy unit in a Class 2 building; or

        (d)     a Class 4 building; or

        (e)     a Class 10 building or a new part of a Class 10 building that is associated with—

              (i)     a Class 1a building; or

              (ii)     a Class 4 part of a building.

    (4)     Despite anything to the contrary in the BCA Volume One and subject to regulation 234—

        (a)     an access provision does not apply to an affected part of an existing building if—

              (i)     parts of the existing building are leased to different persons; and

              (ii)     one of the persons is responsible for building work to be carried out in respect of the new part of the building; and

              (iii)     the new part of the building is leased to that person; and

        (b)     the deemed-to-satisfy provision in Table E3.6b in the BCA Volume One requiring a passenger lift, which travels more than 12 metres, to have a lift floor dimension of not less than 1400 mm x 1600 mm does not apply if the passenger lift—

              (i)     is an existing passenger lift; and

              (ii)     is located in a new part or an affected part of an existing building; and

              (iii)     has a lift floor dimension of not less than 1100 mm x 1400 mm; and

        (c)     the deemed-to-satisfy provisions in F2.4(c) and F2.4(e) in the BCA Volume One do not apply to an existing accessible sanitary compartment or an existing sanitary compartment suitable for a person with a disability to the extent that the requirements require a sanitary compartment to comply with AS 1428.1—2009 Design for access and mobility Part 1: General requirements for access—New building work published on 27 November 2009, as incorporated by the BCA Volume One, if the existing sanitary compartment—

              (i)     is located in a new part or an affected part of an existing building; and

              (ii)     complies with AS 1428.1—2001 Design for access and mobility Part 1: General requirements for access—New building work published on 5 June 2001.

    (5)     In this regulation—

"access provision" means—

        (a)     a performance requirement—

              (i)     that is contained in Section D, Part E3 or Part F2 of the BCA Volume One; and

              (ii)     in respect of which there is an equivalent performance requirement contained in the Access Code within the meaning of the Disability (Access to Premises−Buildings) Standards 2010 of the Commonwealth; and

Note

The Disability (Access to Premises−
Buildings) Standards 2010 of the Commonwealth is available from the Australian Government Federal Register of Legislation website at www.legislation.gov.au .

              (iii)     to the extent that the performance requirement relates to the provision of access to buildings, and facilities and services within buildings, for persons with disabilities; and

        (b)     a provision of a document applied, adopted or incorporated by reference in a performance requirement referred to in paragraph (a);

"affected part" in relation to an existing building that is to contain a new part means—

        (a)     the principal pedestrian entrance of the building; and

        (b)     any part of the building that is necessary to provide a continuous accessible path of travel from the principal pedestrian entrance to the proposed new part;

"new part" in relation to an existing building means a part of that building that is to be altered, including an extension to the building, in respect of which an application for a building permit is made on or after 1 May 2011.

Note

Under section 160B of the Act, a person may apply on the ground of unjustifiable hardship to the Building Appeals Board for a determination that an access provision does not apply, or applies with specified modifications or variations, to a building or land.

Division 4—General

        237     Small live music venue classification

    (1)     The BCA Volume One applies as if, in clause A1.1, for paragraph (c)(iii) of the definition of Assembly building , there were substituted—

    "(iii)     a sports stadium, sporting or other club—

but not including a small live music venue ; or".

    (2)     The BCA Volume One applies as if, in clause A1.1, after the definition of Sitework , there were inserted—

" Small live music venue means the whole or the only part of a Class 6 building that has a rise in storeys of no more than 2—

        (a)     in which live music entertainment is provided to the public; and

        (b)     that has a floor area not greater than 500 m 2 .".

    (3)     The BCA Volume One applies as if, at the foot of the definition of Class 6 in clause A3.2, there were inserted—

" Note

A Class 6 building or part of a Class 6 building in which people assemble for entertainment purposes remains a Class 6 building or part of a Class 6 building if it is a small live music venue —see the definition of Assembly building in the BCA Volume One."

Division 1—Definitions

        238     Definitions

In this Part—

"building product" includes construction method, design, component or system connected with building work;

"Committee" means the Building Regulations Advisory Committee.

Division 2—Accreditation persons and bodies

        239     Prescribed persons and bodies to accredit building products

For the purposes of sections 14 and 15 of the Act, the following persons and bodies are prescribed as accreditation persons or bodies—

        (a)     the Australian Building Codes Board;

        (b)     a person or body authorised by the Australian Building Codes Board.

        240     Definition of Certificate of Accreditation in the BCA

    (1)     The BCA Volume One applies as if, in clause A1.1, in the definition of Certificate of Accreditation , for "a State or Territory accreditation authority" there were substituted "the Building Regulations Advisory Committee".

    (2)     The BCA Volume Two applies as if, in clause 1.1.1, in the definition of Certificate of Accreditation , for "a State or Territory accreditation authority" there were substituted "the Building Regulations Advisory Committee".

Division 3—Accreditation by Committee

        241     Application of Division

This Division does not apply to a building product that complies with the relevant deemed-to-satisfy provisions of the BCA.

        242     Application for accreditation

    (1)     A person may apply to the Committee to have a building product accredited under this Division.

    (2)     An application for accreditation must be in the form of Form 19.

    (3)     An application must be accompanied by—

        (a)     the fee prescribed in regulation 244(1); and

        (b)     if required by the Committee, any one or more of the following—

              (i)     an appraisal of the building product from an organisation or person that is recognised by the Committee as competent to make the appraisal, including details of the appraiser's qualifications and experience;

              (ii)     an appraisal of the building product from an organisation or person nominated by the Committee addressing any matter relating to the properties and performance of a building product requested by the Committee;

              (iii)     a report from an Accredited Testing Laboratory or a Registered Testing Authority showing that the building product has been submitted to the tests listed in the report and setting out the results of those tests and any other relevant information that demonstrates the suitability of the building product for its proposed purpose;

              (iv)     any installation manual produced for the building product;

              (v)     any other information or document required by the Committee.

        243     Information in application to remain confidential

    (1)     A person must not disclose, except to the extent necessary to carry out functions or exercise powers under this Part, any information obtained by that person from an application for accreditation unless the disclosure is authorised in writing by the person who made the application.

Penalty:     10 penalty units.

    (2)     A person does not commit an offence under subregulation (1) by disclosing information—

        (a)     that is contained in the register under regulation 251 at the time of disclosure; or

        (b)     that has been published in the Government Gazette under regulation 245 or 248 before the disclosure.

        244     Accreditation fees

    (1)     The fee for accreditation of a building product under this Division is 138·31 fee units.

    (2)     All fees paid under this Division must be paid into the Building account of the Victorian Building Authority Fund.

        245     Certificate of accreditation

    (1)     If the Committee accredits a building product under this Division, the Authority must issue a certificate of accreditation to the applicant.

    (2)     A certificate of accreditation must set out the following—

        (a)     the name of the building product;

        (b)     a description of the building product;

        (c)     a description of the purpose and use of the building product;

        (d)     any regulation in relation to which the building product is accredited;

        (e)     any condition to which the accreditation is subject;

        (f)     the name and address of the holder of the accreditation;

        (g)     the number of the certificate of accreditation;

        (h)     the date of issue of the certificate of accreditation;

              (i)     any other information that the Committee considers appropriate.

    (3)     The Authority must cause to be published in the Government Gazette notice of any accreditation of a building product under this Division as soon as practicable after that accreditation.

    (4)     The notice of accreditation must contain the information set out in subregulation 245(2).

        246     Revocation of accreditation

    (1)     The Committee may at any time revoke an accreditation under this Division if it finds that—

        (a)     the accreditation has been obtained by fraud, misrepresentation or concealment of facts; or

        (b)     the performance of the building product the subject of the accreditation—

              (i)     is unsatisfactory; or

              (ii)     differs or fails to achieve the level of performance for which the building product was accredited; or

        (c)     the regulation in relation to which the building product was accredited has been amended or revoked.

    (2)     If the Committee determines to revoke an accreditation, the Authority must notify the holder of the certificate of accreditation in writing of the decision of the Committee.

        247     Holder may request revocation of accreditation

    (1)     The holder of a certificate of accreditation may, in writing, at any time request the Committee to revoke the accreditation.

    (2)     The Committee must revoke an accreditation under this Division on receipt of a request made under subregulation (1).

        248     Notice of revocation of accreditation

    (1)     The Authority must cause to be published in the Government Gazette notice of any revocation of an accreditation under this Division as soon as practicable after that revocation.

    (2)     A notice that an accreditation has been revoked must include the following—

        (a)     the name of the building product;

        (b)     a description of the building product;

        (c)     the number of the certificate of accreditation;

        (d)     a statement to the effect that the accreditation of the building product has been revoked by the Committee;

        (e)     the date of the revocation;

        (f)     any other information the Committee considers appropriate.

        249     Accreditation ceases to have effect on revocation

An accreditation under this Division ceases to have effect on its revocation.

        250     Offence to falsely claim product accredited

A person or body must not knowingly claim that a building product is accredited under this Division if the building product is not accredited under this Division.

Penalty:     20 penalty units.

Division 4—Register and records

        251     Register of accredited products

    (1)     The Authority must keep a register of all building products accredited under Division 3.

    (2)     The register must contain the following information in relation to each accredited building product or formerly accredited building product

        (a)     the name of the building product;

        (b)     a description of the building product;

        (c)     a description of the purpose and use of the building product;

        (d)     any regulation in relation to which the building product is accredited;

        (e)     any condition to which the accreditation is subject;

        (f)     the name and address of the holder of the accreditation;

        (g)     the number of the certificate of accreditation;

        (h)     the date of issue of the certificate of accreditation;

              (i)     the date of revocation of the accreditation under Division 3 (if applicable);

        (j)     any other information that the Committee considers appropriate.

    (3)     The Authority must update the register as soon as is practicable after the Committee revokes an accreditation under Division 3.

    (4)     The Authority must make the register available without charge for inspection by any person during normal office hours.

    (5)     The Authority may publish the information on the register on the Authority's website.

        252     Records

The Authority must keep—

        (a)     all documents considered by the Committee in relation to an accreditation under Division 3 until the accreditation is revoked; and

        (b)     copies of all certificates of accreditation issued by the Authority.

Division 1—Registration

        253     Applications for registration

    (1)     An application for registration under section 169 of the Act must be in a form approved by the Authority.

    (2)     For the purposes of subregulation (1), the Authority may approve a form for each category and class of building practitioner.

        254     Information to accompany application for registration

For the purposes of section 169(2)(c) of the Act, an application for registration under section 169 of the Act must be accompanied by the following information—

        (a)     any evidence or proof of identity of the applicant that is required by the Authority;

        (b)     any information about the applicant's work or employment history and experience in the building industry, including any technical referee report, that is required by the Authority;

        (c)     a certified copy of each licence or registration to carry out building work outside of Victoria (if any);

        (d)     a certified copy of any academic qualifications for the purposes of section 170(1)(b) of the Act;

        (e)     a certified copy of any other document being relied on in support of the application.

        255     Prescribed information as to character of applicant for registration

For the purposes of section 169(2)(ca) of the Act, the prescribed information relating to character to be provided with an application for registration as a building practitioner is whether—

        (a)     the applicant has, within the last 10 years as an adult or the last 5 years as a child, been convicted or found guilty of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence involving fraud, dishonesty, drug trafficking or violence; or

        (b)     the applicant has ever been insolvent under administration; or

        (c)     any licence, permit, registration or other authority enabling the applicant to work as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or a Territory has ever been cancelled or suspended; or

        (d)     the applicant has ever been disqualified from holding or been refused a licence, permit, registration or other authority enabling the applicant to work as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or a Territory; or

        (e)     the applicant has been fined, reprimanded or cautioned for any breach of an Act, regulations, rules, professional conduct or code of ethics, in relation to working as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or a Territory; or

        (f)     any insurer has ever declined, cancelled, or imposed special conditions in relation to the provision of professional indemnity insurance, public liability insurance or any other indemnity insurance in relation to the applicant working as a building practitioner in Victoria or in an equivalent occupation in the building and construction industry in another State or a Territory.

        256     Condition of registration

For the purposes of section 170A(a) of the Act, it is a prescribed condition of registration that a building practitioner must not allow another person to use the building practitioner's certificate issued to the building practitioner under section 172 of the Act.

Division 2—Prescribed qualifications and classes of building practitioner

        257     Prescribed classes of building practitioner

For the purposes of section 170 of the Act, each class of building practitioner in respect of a category of building practitioner is the class set out in Part 2 of Schedule 9.

        258     Prescribed qualifications

    (1)     For the purposes of section 170(1)(b)(i) of the Act, the prescribed qualifications for registration of a category or a class of building practitioner are any—

        (a)     degree, diploma, certificate, accreditation, authority, training or examination set out in Part 3 of Schedule 9 for the category or class of building practitioner; and

        (b)     practical experience set out in Part 3 of Schedule 9 for that category or class of building practitioner.

    (2)     In this regulation "practical experience"—

        (a)     includes compliance with any supervision requirements during the obtaining of that experience; and

        (b)     must have been obtained in the 7 years before the application for registration was made.

        259     Building surveyor work

    (1)     A person who is registered in the class of building surveyor (unlimited) is authorised to carry out the work set out in column 3 of item 1 of the Table in Schedule 10.

    (2)     A person who is registered in the class of building surveyor (limited) is authorised to carry out the work set out in column 3 of item 2 of the Table in Schedule 10.

        260     Building inspector work

    (1)     A person who is registered in the class of building inspector (unlimited) is authorised to carry out the work set out in column 3 of item 1 of the Table in Schedule 11.

    (2)     A person who is registered in the class of building inspector (limited) is authorised to carry out the work set out in column 3 of item 2 of the Table in Schedule 11.

        261     Domestic builder work

A person who is registered in a class of domestic builder set out in column 2 of the Table in Schedule 12 is authorised to carry out the domestic building work set out in column 3 of that Table corresponding to that class of domestic builder.

Division 3—Renewal of registration

        262     Application for renewal of registration

    (1)     An application for renewal of registration under section 172AA(1) of the Act must be in a form approved by the Authority.

    (2)     For the purposes of subregulation (1), the Authority may approve a form for each category and class of building practitioner.

        263     Renewal criteria for application for renewal of registration

For the purposes of section 172AA(4)(b) of the Act, the renewal criteria for an application for renewal of registration is to provide any evidence or proof of identity of the applicant that is required by the Authority.

Division 4—General

        264     Notice of suspension or cancellation of registration

For the purposes of section 183A of the Act—

        (a)     a notice of suspension of registration must be in the form of Form 20; and

        (b)     a notice of cancellation of registration must be in the form of Form 21.

        265     Professional standards

A registered building practitioner must—

        (a)     perform work as a building practitioner in a competent manner and to a professional standard; and

        (b)     immediately inform a client in writing if a conflict of interest arises or appears likely to arise between the building practitioner and that client; and

        (c)     receive remuneration for services as a building practitioner solely by the professional fee or other benefits specified in the contract of engagement or by the salary and other benefits payable by the building practitioner's employer.

        266     Duplicate certificate fee

For the purposes of section 172(7) of the Act, the prescribed fee for a duplicate building practitioner's certificate is 2·75 fee units.

        267     Period for which private building surveyor may not act

The prescribed period for the purposes of section 79(1)(b) of the Act is one year.

Division 5—Exemptions for certain building practitioners

        268     Builders of Class 10 buildings

    (1)     A builder who is solely engaged in the business of constructing Class 10 buildings is exempt from section 176(1A)(c) of the Act in relation to that business, unless the business relates to—

        (a)     construction involving domestic building work carried out under a major domestic building contract; or

        (b)     the construction of Class 10b structures constructed for the purposes of displaying a sign.

    (2)     Despite section 24A(1)(a) and (3)(a)(i) of the Act, a relevant building surveyor is not required to be satisfied that a builder to which this regulation applies is registered under Part 11 of the Act to the extent that the person is engaged in the business described in subregulation (1).

        269     Domestic builders if work less than $10 000

    (1)     A builder who is solely engaged in the business of carrying out domestic building work is exempt from section 176(1A)(c) of the Act in relation to that business if the cost of the domestic building work carried out by that person is $10 000 or less in each case.

    (2)     This regulation does not apply to a builder who, in relation to a home within the meaning of the Domestic Building Contracts Act 1995 , is engaged in the business of—

        (a)     the re-blocking or re-stumping of a home; or

        (b)     the demolition or removal of a home.

        270     Draftsperson doing certain work

A draftsperson is exempt from sections 176(1)(e) and 176(1A)(c) of the Act to the extent that the person is engaged in the business of preparing documentation relating to permits or permit applications or preparing plans or specifications—

        (a)     in relation to domestic building work that is not carried out under a major domestic building contract; or

        (b)     for a building practitioner registered in the category of engineer.

        271     Appeal periods

    (1)     For the purposes of section 146(1)(a) of the Act, the prescribed appeal period is—

        (a)     in the case of an appeal against the refusal of a permit, an amendment, an application or an approval—30 days after the day the applicant is notified of the refusal; or

        (b)     in the case of an appeal against the deemed refusal of a permit or an application—30 days after the day the permit or application is deemed under the Act to have been refused; or

        (c)     in the case of an appeal against the imposition of a condition on a permit or an approval—30 days after the day the permit is given or the approval is issued; or

        (d)     in the case of an appeal against the amendment of a permit or an approval—30 days after the day the owner of the building or land to which the permit relates is notified of the amendment; or

        (e)     in the case of an appeal against a requirement of a reporting authority or relevant building surveyor to give more information about a permit application or to amend a permit application—30 days after the day the applicant is notified of the requirement; or

        (f)     in the case of an appeal against a refusal by a person or body to make a determination or exercise a discretion under a condition of a permit—30 days after the day the applicant is notified of the refusal; or

        (g)     in the case of an appeal against a decision to issue a permit that differs from, or fails to implement, a reporting authority's recommendations in a report on the application for the permit—30 days after the day the reporting authority receives notification of the issue of the permit from the relevant building surveyor; or

        (h)     in the case of an appeal against a direction to fix building work under Division 2 of Part 4 of the Act—7 days after the day the person is given the written direction under section 37C(b) or 37D(2) of the Act; or

              (i)     in a case of an appeal against the cancellation of an approval under section 71 of the Act—30 days after the day the owner of the building or land concerned is notified of the cancellation; or

        (j)     in a case of an appeal against the refusal of the Authority to consent to the termination of a building surveyor's appointment under section 81(1) of the Act—30 days after the day the owner or the relevant building surveyor (as the case requires) is notified of the Authority's refusal; or

        (k)     in the case of an appeal against the refusal of the Authority to consent to the proposed appointment of a private building surveyor or municipal building surveyor under section 81(4) of the Act—30 days after the day the owner or the private building surveyor or municipal building surveyor (as the case requires) is notified of the Authority's refusal; or

        (l)     in the case of an appeal against a determination under section 87(1) of the Act as to the appropriateness of protection work—14 days after the day the owner and the adjoining owner is given notice of the determination; or

        (m)     in the case of an appeal against a declaration made under section 89(1) of the Act—30 days after the day the owner or the adjoining owner (as the case requires) is given notice of the declaration; or

        (n)     in the case of an appeal against a requirement made under section 87 of the Act to give more information—14 days after the day the owner is asked to give more information under section 87(2)(a) of the Act; or

        (o)     in the case of an appeal against a decision to serve a building notice on an owner—30 days after the day the building notice is served on the owner; or

        (p)     in the case of an appeal against the making of an emergency order or a building order—30 days after the day the order is served on the person to whom it is directed; or

        (q)     in the case of an appeal against the imposition of a condition on an emergency order or a building order—30 days after the day the order is served on the person to whom it is directed; or

        (r)     in the case of an appeal against a refusal to amend or cancel an emergency order or a building order—30 days after the day the owner is notified of the refusal or the day the relevant building surveyor is deemed to have refused to amend or cancel the order; or

        (s)     in the case of an appeal against a requirement that an order made under the Act be fully complied with—30 days after the day the owner is notified of the requirement; or

        (t)     in the case of an appeal against a decision of the Authority under section 42 or 43 of the  Building and Construction Industry Security of Payment Act 2002 —30 days after the day the Authority makes the decision; or

        (u)     in the case of an appeal against a failure
by a person or body to make a decision, a determination, an approval, a cancellation or an amendment or to exercise a discretion within a reasonable time—60 days after the request was made to the person or body to make the decision, determination, approval, cancellation or amendment or to exercise the discretion; or

              (v)     in the case of an appeal against any other decision, determination, declaration or approval or exercise of discretion by a person or body—30 days after the day notification is given of the decision, determination, declaration or approval or exercise of discretion; or

        (w)     in any other case—30 days after the day of the event in relation to which the appeal is brought.

    (2)     If an appeal period prescribed under this regulation begins on the day on which a person is notified under the Act or these Regulations but the notice has not been so given, the prescribed appeal period for the purposes of section 146(1)(a) of the Act is—

        (a)     37 days after the day of the event that required that notification to be given; or

        (b)     any longer period that the Building Appeals Board considers appropriate in the circumstances.

        272     Appeal, referral and application fees

    (1)     The fees for making an appeal, a referral or an application to the Building Appeals Board in a matter relating to a Class 1 or 10 building are—

        (a)     for an appeal under—

              (i)     section 138, 138A, 140, 141 or 142 of the Act—23·04 fee units; or

              (ii)     section 139, 144 or 144A of the Act—13·82 fee units; or

        (b)     for a referral under—

              (i)     section 150 of the Act—13·82 fee units; or

              (ii)     section 151, 152, 153, 154, 155, 156, 157 or 158 of the Act—23·04 fee units; or

        (c)     for an application under—

              (i)     section 159 of the Act—23·04 fee units; or

              (ii)     section 160 of the Act—8·29 fee units; or

              (iii)     section 164 of the Act—13·82 fee units.

    (2)     The fees for making an appeal, a referral or an application to the Building Appeals Board in a matter relating to a building other than a Class 1 or 10 building are—

        (a)     for an appeal under—

              (i)     section 138, 138A, 140, 141 or 142 of the Act—46.1 fee units; or

              (ii)     section 139, 144 or 144A of the Act—23·04 fee units; or

        (b)     for a referral under—

              (i)     section 150 of the Act—23·04 fee units; or

              (ii)     section 151, 152, 153, 154, 155, 156, 157 or 158 of the Act—46·1 fee units; or

        (c)     for an application under—

              (i)     section 159 of the Act—46.1 fee units; or

              (ii)     section 160 of the Act—18·43 fee units; or

              (iii)     section 164 of the Act—23·04 fee units.

    (3)     The fees for making an application to the Building Appeals Board are—

        (a)     for an appeal under section 160A of the Act—18·43 fee units; or

        (b)     for an appeal under section 160B of the Act—41·89 fee units.

        273     Fees for fast track appeals

    (1)     The fee for making a request to the Building Appeals Board under section 147(1) of the Act is 36·88 fee units.

    (2)     For the purposes of section 147(3)(b) of the Act, the additional prescribed fee is 14·75 fee units per hour or part of an hour.

        274     Refund of fees by Authority

    (1)     The Authority may refund, from the Building account of the Victorian Building Authority Fund, in whole or in part, any fee paid to the Building Appeals Board under this Part if the appeal, request, application or referral does not proceed.

    (2)     The Building Appeals Board must refund from the Victorian Building Authority Fund any fee paid for a request under regulation 273(1) if the request is refused.

        275     Review period

The period within which an application for review by VCAT under section 25J of the Act must be lodged is—

        (a)     60 days after the day that the applicant is notified of the decision to be reviewed; or

        (b)     if the application is for the review of a failure to make a decision within a reasonable time—67 days after the day a request was made to the Authority to make that decision.

        276     Authorised officers

The prescribed office or class of officers for the purposes of the definition of authorised officer in section 254 of the Act are—

        (a)     the Chief Executive Officer or a VBA inspector, for offences against regulations 41(1), 197(2), 199(2), 216(2), 218(3), 223(1), 223(2), 225, 226(1), 227 and 228; and

        (b)     the chief officer, for offences against regulations 199(2), 216(2), 223(1), 223(2), 225, 226(1), 227 and 228; and

        (c)     the municipal building surveyor, for offences against regulations 41(1), 137, 197(2), 199(2), 216(2), 218(3), 223(1), 223(2), 225, 226(1), 227 and 228.

        277     Prescribed offences

The prescribed offences for the purposes of the definition of prescribed offence in section 254 of the Act are offences against regulations 41(1), 137, 197(2), 199(2), 216(2), 218(3), 223(1), 223(2), 225, 226(1), 227 and 228.

        278     Prescribed penalties

The prescribed penalty for the purposes of section 255(3) of the Act is—

        (a)     5 penalty units in the case of a place of public entertainment; and

        (b)     2 penalty units in any other case.

        279     Exemptions from building regulations

A building or building work specified in column 2 of the Table in Schedule 3 is exempt from the regulations specified in column 3 of that Table corresponding to that building or building work.

        280     Exemption for Class 10 buildings on farm land

    (1)     The relevant council may exempt a Class 10 building that is to be constructed on farm land and used for farming purposes from all or any of the requirements of these Regulations.

    (2)     If the relevant council grants an exemption from all of these Regulations under subregulation (1), a building permit and certificate of final inspection under the Act are not required for that building.

        281     Exemptions relating to building surveyors for certain buildings

Sections 23, 30, 47 and 73 of the Act do not apply to a relevant building surveyor in relation to the following classes of buildings—

        (a)     premises that are used or intended to be used for the provision of residential accommodation by—

              (i)     a community service established under section 44 of the Children, Youth and Families Act 2005 ; or

              (ii)     a registered community service within the meaning of that Act that is situated on Crown land or land in relation to which the Secretary to the Department of Health and Human Services or the Director of Housing is registered as proprietor;

        (b)     premises that are used or intended to be used as—

              (i)     a remand centre within the meaning of the Children, Youth and Families Act 2005 ; or

              (ii)     a secure welfare service within the meaning of that Act; or

              (iii)     a youth justice centre within the meaning of that Act;

              (iv)     a youth residential centre within the meaning of that Act; or

        (c)     premises that are used or intended to be used as—

              (i)     a prison established under section 10 of the Corrections Act 1986 ; or

              (ii)     a community corrections centre established under Part 9 of that Act;

        (d)     premises that are used or intended to be used as     a residential institution within the meaning of the Disability Act 2006 ;

        (e)     premises that are used or intended to be used as a residential service within the meaning of the Disability Act 2006 ;

        (f)     premises that are used or intended to be used as a courthouse by a court;

        (g)     premises that are used or intended to be used as a police station;

        (h)     premises that are used or intended to be used as a designated mental health service within the meaning of the Mental Health Act 2014 ;

              (i)     premises that are used or intended to be used as a youth refuge or a women's refuge operated with funding provided by the Secretary to the Department of Health and Human Services for the purpose of providing a refuge.

        282     Exemption from section 25B(1A) of the Act for owner-builders

    (1)     An owner of land or a building is exempt from section 25B(1A) of the Act if the owner enters into a major domestic building contract to carry out domestic building work with a corporation and takes reasonable steps to ensure that—

        (a)     at least one of the directors of the corporation is registered under Part 11 of the Act as a domestic builder; and

        (b)     the registration authorises the director to carry out that work.

    (2)     This regulation is revoked on 1 July 2018.

        283     Registration of building practitioners not affected by revocation of Building Interim Regulations 2017

The revocation of the Building Interim Regulations 2017 does not affect the registration under Part 11 of the Act of any building practitioner who was registered or taken to be registered under that Part immediately before that revocation.

        284     Domestic builder (manager)

    (1)     Despite the revocation of the Building Interim Regulations 2017, a person registered under Part 11 of the Act in the category of builder, class of domestic builder (manager) immediately before 1 July 2017 and to whom regulation 2046(2) of the Building Interim Regulations 2017 as in force immediately before its revocation applied, continues to be registered under Part 11 of the Act in that class of domestic builder until 30 June 2022.

    (2)     For the purposes of subregulation (1), the relevant qualifications set out in the table in Schedule 7 of the Building Interim Regulations 2017, as in force before being substituted by regulation 15 of the Building Amendment Regulations 2017, are taken to be the prescribed qualifications for the category of builder, class of domestic builder (manager), until 30 June 2022.

        285     Appointment of private building surveyor

Section 78(1A) of the Act does not apply in relation to domestic building work—

        (a)     to be carried out under a major domestic building contract entered into by a builder before 1 September 2016; or

        (b)     in respect of which a builder acts or proposes to act as a domestic builder before 1 September 2016.

        286     Revocation of regulations prescribing fees

The following regulations are revoked on 1 July 2020—

        (a)     regulation 18;

        (b)     regulation 36;

        (c)     regulation 45;

        (d)     regulation 52;

        (e)     regulation 244;

        (f)     regulation 266;

        (g)     regulation 272;

        (h)     regulation 273.



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