Building Act 1993 - Victorian Legislation and Parliamentary ...

Version No. 050 Building Act 1993 Act No. 126/1993 Version incorporating amendments as at 31 May 2003
table of provisions
Section Page Part 1-Preliminary 8 1. Purpose 8
2. Commencement 8
3. Definitions 8
4. Objects of Act 8
5. Application to Crown and public authorities 8
6. Appointed days-building practitioners 8 Part 2-Building Standards 8 7. Building regulations 8
8. Local laws 8
9. Incorporation by reference 8
9A. Regulatory impact statement not required for certain
amendments 8
10. Application of new building regulations to building work 8
11. Effect of planning schemes 8
12. Revocation of other regulations relating to building 8
13. Effect on local laws 8
14. Accreditation of building products 8
15. Effect of accreditation 8
15A. Building regulations with respect to swimming pools and spas 8 Part 3-Building Permits 8 Division 1-Building permit required 8 16. Building permit required 8 Division 2-Applications for building permits 8 17. Applications for building permits 8
18. Schedule 2 to apply 8 Division 3-Decisions on building permits 8 19. Decision on application for building permit 8
20. Types of permit 8
21. Requirement for occupancy permit 8
22. Guarantees and bonds 8
23. Reporting authority to be notified of permit 8
24. Refusal of building permit 8
25. Reasons for refusal to be given 8 Division 4-Special provisions 8 26. Prescribed places of public entertainment 8
27. Repealed 8
28. Historic buildings and special buildings 8
29. Subdivision 8
29A. Application for building permit for demolition 8
29B. Suspension of demolition permit pending amendment of planning scheme
8 Division 5-Register and records 8 30. Relevant building surveyor to give copies of permits and documents to
council 8
31. Register of building permits 8
32. Keeping of records 8 Part 4-Inspection of Building Work 8 33. Notification during building work 8
34. Inspections at mandatory notification stages 8
35. Inspection of building work-general powers 8
36. Powers in relation to inspections 8
37. Directions as to work 8
38. Certificate of final inspection 8 Part 5-Occupation of Buildings and Places of Public Entertainment 8 Division 1-Occupancy permits (Building work) 8 39. Occupancy permit must be obtained 8
40. Occupation must be in accordance with permit 8
41. Applications for occupancy permits 8
42. Schedule 2 to apply 8
43. Decision on application for occupancy permit 8
44. Refusal of occupancy permit 8
45. Form of occupancy permit 8
46. Effect of occupancy permit 8
47. Reporting authority to be notified of occupancy permit 8
48. Reasons for refusal to be given 8 Division 2-Occupancy permits (Places of public entertainment) 8 49. Public entertainment not to be conducted at place without occupancy
permit 8
50. Place not to be used for public entertainment without occupancy
permit 8
51. Use of place of public entertainment must be in accordance with
permit 8
52. Use of prescribed temporary structure must be in accordance
with permit 8
53. Applications for occupancy permits 8
54. Schedule 2 to apply 8
55. Refusal of occupancy permit 8
56. Decision on application for occupancy permit 8
57. Prescribed temporary structures-special provisions 8
58. Effect of occupancy permit 8
59. Form of occupancy permit 8
60. Reporting authority to be notified of occupancy permit 8
61. Owner to notify others of occupancy permit 8
62. Reasons for refusal to be given 8
63. Inspection of places of public entertainment 8 Division 3-Temporary occupation of buildings 8 64. Temporary occupation of buildings 8
65. Who may apply for approval? 8
66. Form of application 8
67. Determination of applications 8
68. Form of approval 8
69. Reasons for refusal to be given 8 Division 4-Amendment and cancellation of permits and approvals 8 70. Amendment of permit or approval 8
71. Cancellation of permit or approval if fraud or misrepresentation 8
72. Cancellation of occupancy permit on other grounds 8 Division 5-Register and records 8 73. Relevant building surveyor to give copies of documents to council 8
74. Register of occupancy permits and temporary approvals 8
75. Keeping of records 8 Part 5A-Registration of Cooling Tower Systems 8 Division 1-Preliminary Matters 8 75A. Meaning of "cooling tower" 8
75AB. Meaning of "cooling tower system" 8
Division 2-Provisions Applying to Existing Systems 8 75B. Application of this Division 8
75BA. Owner must apply to register cooling tower system within
6 months 8
75BB. Initial registration period 8
75BC. Owner must renew the registration of cooling tower systems 8
75BD. Additional statement to be made in first renewal application 8
75BE. Additional fee payable for certain renewals 8
75BF. Period of renewed registrations 8
75BG. Second and subsequent renewals 8 Division 3-Provisions Applying to All Other Cooling Tower
Systems 8 75C. Application of this Division 8
75CA. Owner must register cooling tower system 8
75CB. Additional statement to be included with application 8
75CC. Registration to last for 1 year 8
75CD. Owner must renew the registration of cooling tower systems
annually 8
75CE. Additional statement to be included with renewal
application 8 Division 4-Provisions Applying Generally 8 75D. Requirements concerning the submission of application forms 8
75DA. Processing of applications 8
75DB. Multiple cooling tower systems on same land 8
75DC. Commission to notify Department of Human Services of
non-compliance 8
75DD. Registration to continue pending renewal 8
75DE. Commission to be notified of change of ownership 8
75DF. Commission to be notified of other changes 8
75DG. Offence to provide false information 8
75DH. Cooling tower system register 8 Part 5B-Risk Management Plans for Cooling Tower Systems 8 Division 1-General Requirements 8 75E. Meaning of "risk management plan" 8
75EA. Owner must ensure risk management plan prepared 8
75EB. Owner must ensure risk management plan reviewed 8
75EC. Owner must ensure service records kept 8
75ED. Plan and records must be kept on site 8 Division 2-Audit 8 75F. Risk management plan audit 8
75FA. Owner must ensure audit conducted 8
75FB. Audit certificate to be given 8 Division 3-Approved Auditors 8 75G. Meaning of "certifying body" 8
75GA. Only approved auditors may conduct audits 8
75GB. Appointment of approved auditors 8
75GC. Auditor must comply with conditions of certification 8
75GD. Offence to impersonate approved auditor 8
75GE. Conflict of interest to be avoided 8
75GF. Revocation of approval to act as an auditor 8 Division 4-Regulations 8 75H. Regulations 8 Part 5C-Enforcement of Parts 5A and 5B 8 75J. Meaning of "inspector" 8
75JA. Identity cards 8
75JB. General powers of inspectors 8
75JC. Protection against self-incrimination 8
75JD. Disclosure of information 8
75JE. Improvement notice 8 Part 6-Private Building Surveyors 8 76. Functions of private building surveyor 8
77. Additional functions 8
78. When may a private building surveyor be appointed? 8
79. Circumstances in which private building surveyor may not act 8
80. Private building surveyor to notify council 8
81. Termination of appointment 8
82. Directions of Commission 8
83. Effect of transfer of functions 8 Part 7-Protection of Adjoining Property 8 84. Notice of building work to be given 8
85. Adjoining owner must respond to notice 8
86. Effect of agreement 8
87. Effect of disagreement or request for further information 8
88. Work not to be carried out until protection requirements met 8
89. Emergency procedures 8
90. Absent or incapable owners 8
91. Appointment of agent for adjoining owner 8
92. Adjoining owner may inspect plans 8
93. Owner to arrange insurance cover 8
94. Survey of adjoining property 8
95. Entry on adjoining property 8
96. Adjoining owner and adjoining occupier not to obstruct owner 8
97. Expenses of adjoining owner 8
98. Compensation 8
99. Liability not affected 8
100. Saving for easements 8
101. Lodgment of plans after completion of protection work 8 Part 8-Enforcement of Safety and Building Standards 8 Division 1-Emergencies 8 102. Emergency orders 8
103. Contents of emergency orders 8
104. Duration of order 8
105. Cancellation of emergency order 8 Division 2-Building notices and building orders 8 106. Building notices 8
107. Actions by private building surveyors 8
108. Contents and form of building notice 8
109. Representations by owner 8
110. Cancellation of building notice 8
111. Building orders-general 8
112. Building orders to stop building work 8
113. Building orders-minor work 8
114. Form and service of building order 8
115. Failure to comply with order by private building surveyor 8
116. Amendment or cancellation of certain building orders 8
117. Duration of order 8 Division 3-General 8 118. Contravention of emergency order or building order 8
119. Building permit not requir