Building Act 1993 - Victorian Legislation and Parliamentary ...

Version No. 077
Building Act 1993 No. 126 of 1993 Version incorporating amendments as at 1 September 2009
table of provisions
Section Page Part 1-Preliminary 1 1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Objectives of Act 12
5 Application to Crown and public authorities 13
6 Appointed days-building practitioners 13 Part 2-Building Standards 15 7 Building regulations 15
8 Local laws 16
9 Incorporation by reference 16
9A Regulatory impact statement not required for certain
amendments 16
10 Application of new building regulations to building work 17
11 Effect of planning schemes 18
12 Revocation of other regulations relating to building 18
13 Effect on local laws 19
14 Accreditation of building products 19
15 Effect of accreditation 20
15A Building regulations with respect to swimming pools and spas 20 Part 3-Building Permits 21 Division 1-Building permit required 21 16 Building permit required 21 Division 2-Applications for building permits 21 17 Applications for building permits 21
18 Schedule 2 to apply 21
18A Notice to VicUrban of application 22 Division 3-Decisions on building permits 23 19 Decision on application for building permit 23
20 Types of permit 23
21 Requirement for occupancy permit 23
22 Guarantees and bonds 24
23 Reporting authority to be notified of permit 24
24 Refusal of building permit 25
24A Further limitations on issue of building permit 27
25 Reasons for refusal to be given 28
25A Notice to building surveyor of changes 28
25B Restrictions on owner-builder 29 Division 3A-Certificates of consent for owner-builders 30 25C Application for owner-builder certificate of consent 30
25D Further particulars 30
25E Decision on application for certificate of consent 30
25F Applications in relation to land owned by related bodies 32
25G Certificate of consent 33
25H Register of certificates 33
25I Building Commission to publish information statement 33 Division 4-Special provisions 34 26 Prescribed places of public entertainment 34
27 Repealed 34
28 Historic buildings and special buildings 34
29 Subdivision 35
29A Application for building permit for demolition 36
29B Suspension of demolition permit pending amendment of planning scheme
37 Division 5-Register and records 39 30 Relevant building surveyor to give copies of permits and documents to
council 39
31 Register of building permits 40
32 Keeping of records 40
32A Council to notify VicUrban of issue of building permit 40 Part 4-Inspection of Building Work 42 33 Notification during building work 42
34 Inspections at mandatory notification stages 42
35 Inspection of building work-general powers 42
36 Powers in relation to inspections 42
37 Directions as to work 43
38 Certificate of final inspection 43 Part 5-Occupation of Buildings and Places of Public Entertainment 44 Division 1-Occupancy permits (building work) 44 39 Occupancy permit must be obtained 44
40 Occupation must be in accordance with permit 44
41 Applications for occupancy permits 45
42 Schedule 2 to apply 45
43 Decision on application for occupancy permit 45
44 Refusal of occupancy permit 46
45 Form of occupancy permit 46
46 Effect of occupancy permit 46
47 Reporting authority to be notified of occupancy permit 47
48 Reasons for refusal to be given 47 Division 2-Occupancy permits (places of public entertainment) 47 49 Public entertainment not to be conducted at place without occupancy
permit 47
50 Place not to be used for public entertainment without
occupancy permit 48
51 Use of place of public entertainment must be in accordance
with permit 48
52 Use of prescribed temporary structure must be in accordance
with permit 48
53 Applications for occupancy permits 49
54 Schedule 2 to apply 49
55 Refusal of occupancy permit 49
56 Decision on application for occupancy permit 50
57 Prescribed temporary structures-special provisions 50
58 Effect of occupancy permit 51
59 Form of occupancy permit 51
60 Reporting authority to be notified of occupancy permit 51
61 Owner to notify others of occupancy permit 52
62 Reasons for refusal to be given 52
63 Inspection of places of public entertainment 52 Division 3-Temporary occupation of buildings 53 64 Temporary occupation of buildings 53
65 Who may apply for approval? 53
66 Form of application 54
67 Determination of applications 54
68 Form of approval 54
69 Reasons for refusal to be given 54 Division 4-Amendment and cancellation of permits and
approvals 55 70 Amendment of permit or approval 55
71 Cancellation of permit or approval if fraud or
misrepresentation 55
72 Cancellation of occupancy permit on other grounds 56 Division 5-Register and records 56 73 Relevant building surveyor to give copies of documents to council 56
74 Register of occupancy permits and temporary approvals 57
75 Keeping of records 57 Part 5A-Registration of Cooling Tower Systems 58 Division 1-Preliminary matters 58 75A Meaning of cooling tower 58
75AB Meaning of cooling tower system 58
75AC When cooling tower system is in operation 59 Division 2-Requirement to register and registration process 59 75B Cooling tower system must be registered 59
75BA-75BG Repealed 59
75C Applications for registration or renewal of registration 60 Division 3-Repealed 60 75CA-75CE Repealed 60 Division 4-Repealed 60 75D Repealed 60
75DA Processing of applications 61
75DB Multiple cooling tower systems on same land 62
75DC Period of registration 62
75DCA Owner of land may request synchronisation of registration period
when applying for registration 63
75DCB Owner of land with multiple systems may request variation
to registration expiry date 64
75DD Registration to continue pending renewal 65
75DE Commission to be notified of change of ownership 65
75DF Commission to be notified of other changes 65
75DG Offence to provide false information 66
75DH Cooling tower system register 66
75DI Validation of previous registrations where application made out of
time 67 Part 5B-Risk Management Plans for Cooling Tower Systems 68 Division 1-General requirements 68 75E Meaning of risk management plan 68
75EA Owner must ensure risk management plan prepared 68
75EB Owner must ensure risk management plan reviewed 69
75EC Owner must ensure service records kept 70
75ED Plan and records must be kept on site 70 Division 2-Audit 71 75F Risk management plan audit 71
75FA Owner must ensure audit conducted 72
75FB Audit certificate to be given 72 Division 3-Approved auditors 73 75G Meaning of certifying body 73
75GA Only approved auditors may conduct audits 73
75GB Appointment of approved auditors 73
75GC Auditor must comply with conditions of certification 74
75GD Offence to impersonate approved auditor 74
75GE Conflict of interest to be avoided 74
75GF Revocation of approval to act as an auditor 75 Division 4-Regulations 76 75H Regulations 76 Part 5C-Enforcement of Parts 5A and 5B 77 75J Meaning of inspector 77
75JA Identity cards 77
75JB General powers of inspectors 78
75JC Protection against self-incrimination 79
75JD Disclosure of information 79
75JE Improvement notice 80
75JF Disclosure of information to other statutory bodies 80 Part 6-Private Building Surveyors 82 76 Functions of private building surveyor 82
77 Additional functions 82
78 When may a private building surveyor be appointed? 82
79 Circumstances in which private building surveyor may not act 83
80 Private building surveyor to notify council 85
81 Termination of appointment 85
82 Directions of Commission 86
83 Effect of transfer of functions 87 Part 7-Protection of Adjoining Property 88 84 Notice of building work to be given 88
85 Adjoining owner must respond to notice 88
86 Effect of agreement 89
87 Effect of disagreement or request for further information 89
88 Work not to be carried out until protection requirements met 90
89 Emergency procedures 91
90 Absent or incapable owners 92
91 Appointment of agent for adjoining owner 92
92 Adjoining owner may inspect plans 93
93 Owner to arrange insurance cover 93
94 Survey of adjoining property 95
95 Entry on adjoining property 96
96 Adjoining owner and adjoining occupier not to obstruct owner 96
97 Expenses of adjoining owner 97
98 Compensation 97
99 Liability not affected 98
100 Saving for easements 98
101 Lodgment of plans after completion of protection work 98 Part 8-Enforcement of Safety and Building Standards 99 Division 1-Emergencies 99 102 Emergency orders 99
103 Contents of emergency orders 99
104 Duration of order 100
105 Cancellation of emergency order 100 Division 2-Building notices and building orders 100 106 Building notices 100
107 Actions by private building surveyors 101
108 Contents and form of building notice 101
109 Representations by owner 102
110 Cancellation of building notice 102
111 Building orders-general 102
112 Building orders to stop building work 103
113 Building orders-minor work 104
114 Form and service of building order 104
115 Failure to comply with order by private building surveyor 104
116 Amendme