Building Act 1993 - Victorian Legislation and Parliamentary ...

Version No. 053
Building Act 1993 Act No. 126/1993 Version incorporating amendments as at 1 March 2005
table of provisions
Section Page Part 1-Preliminary 1 1. Purpose 1
2. Commencement 1
3. Definitions 1
4. Objects of Act 11
5. Application to Crown and public authorities 13
6. Appointed days-building practitioners 13 Part 2-Building Standards 14 7. Building regulations 14
8. Local laws 15
9. Incorporation by reference 15
9A. Regulatory impact statement not required for certain
amendments 15
10. Application of new building regulations to building work 16
11. Effect of planning schemes 17
12. Revocation of other regulations relating to building 17
13. Effect on local laws 18
14. Accreditation of building products 18
15. Effect of accreditation 19
15A. Building regulations with respect to swimming pools and spas 19 Part 3-Building Permits 20 Division 1-Building permit required 20 16. Building permit required 20 Division 2-Applications for building permits 20 17. Applications for building permits 20
18. Schedule 2 to apply 20 Division 3-Decisions on building permits 21 19. Decision on application for building permit 21
20. Types of permit 21
21. Requirement for occupancy permit 21
22. Guarantees and bonds 22
23. Reporting authority to be notified of permit 22
24. Refusal of building permit 23
25. Reasons for refusal to be given 25 Division 4-Special provisions 25 26. Prescribed places of public entertainment 25
27. Repealed 25
28. Historic buildings and special buildings 25
29. Subdivision 26
29A. Application for building permit for demolition 27
29B. Suspension of demolition permit pending amendment of
planning scheme 28 Division 5-Register and records 30 30. Relevant building surveyor to give copies of permits and documents to
council 30
31. Register of building permits 30
32. Keeping of records 31 Part 4-Inspection of Building Work 32 33. Notification during building work 32
34. Inspections at mandatory notification stages 32
35. Inspection of building work-general powers 32
36. Powers in relation to inspections 32
37. Directions as to work 33
38. Certificate of final inspection 33 Part 5-Occupation of Buildings and Places of Public Entertainment 34 Division 1-Occupancy permits (Building work) 34 39. Occupancy permit must be obtained 34
40. Occupation must be in accordance with permit 34
41. Applications for occupancy permits 35
42. Schedule 2 to apply 35
43. Decision on application for occupancy permit 35
44. Refusal of occupancy permit 36
45. Form of occupancy permit 36
46. Effect of occupancy permit 36
47. Reporting authority to be notified of occupancy permit 37
48. Reasons for refusal to be given 37 Division 2-Occupancy permits (Places of public entertainment) 37 49. Public entertainment not to be conducted at place without occupancy
permit 37
50. Place not to be used for public entertainment without
occupancy permit 38
51. Use of place of public entertainment must be in accordance
with permit 38
52. Use of prescribed temporary structure must be in accordance
with permit 38
53. Applications for occupancy permits 39
54. Schedule 2 to apply 39
55. Refusal of occupancy permit 39
56. Decision on application for occupancy permit 40
57. Prescribed temporary structures-special provisions 40
58. Effect of occupancy permit 41
59. Form of occupancy permit 41
60. Reporting authority to be notified of occupancy permit 41
61. Owner to notify others of occupancy permit 42
62. Reasons for refusal to be given 42
63. Inspection of places of public entertainment 42 Division 3-Temporary occupation of buildings 43 64. Temporary occupation of buildings 43
65. Who may apply for approval? 43
66. Form of application 44
67. Determination of applications 44
68. Form of approval 44
69. Reasons for refusal to be given 44 Division 4-Amendment and cancellation of permits and
approvals 45 70. Amendment of permit or approval 45
71. Cancellation of permit or approval if fraud or
misrepresentation 45
72. Cancellation of occupancy permit on other grounds 46 Division 5-Register and records 46 73. Relevant building surveyor to give copies of documents to council 46
74. Register of occupancy permits and temporary approvals 47
75. Keeping of records 47 Part 5A-Registration of Cooling Tower Systems 48 Division 1-Preliminary Matters 48 75A. Meaning of "cooling tower" 48
75AB. Meaning of "cooling tower system" 48
75AC. When cooling tower system is in operation 49 Division 2-Requirement to Register and Registration Process 49 75B. Cooling tower system must be registered 49
75BA-75BG. Repealed 49
75C. Applications for registration or renewal of registration 50 Division 3-Repealed 50 75CA-75CE. Repealed 50 Division 4-Repealed 50 75D. Repealed 50
75DA. Processing of applications 51
75DB. Multiple cooling tower systems on same land 52
75DC. Period of registration 52
75DCA. Owner of land may request synchronisation of registration period
when applying for registration 53
75DCB. Owner of land with multiple systems may request variation
to registration expiry date 54
75DD. Registration to continue pending renewal 55
75DE. Commission to be notified of change of ownership 55
75DF. Commission to be notified of other changes 55
75DG. Offence to provide false information 56
75DH. Cooling tower system register 56
75DI. Validation of previous registrations where application made out
of time 57 Part 5B-Risk Management Plans for Cooling Tower Systems 58 Division 1-General Requirements 58 75E. Meaning of "risk management plan" 58
75EA. Owner must ensure risk management plan prepared 58
75EB. Owner must ensure risk management plan reviewed 59
75EC. Owner must ensure service records kept 60
75ED. Plan and records must be kept on site 60 Division 2-Audit 61 75F. Risk management plan audit 61
75FA. Owner must ensure audit conducted 62
75FB. Audit certificate to be given 62 Division 3-Approved Auditors 63 75G. Meaning of "certifying body" 63
75GA. Only approved auditors may conduct audits 63
75GB. Appointment of approved auditors 63
75GC. Auditor must comply with conditions of certification 64
75GD. Offence to impersonate approved auditor 64
75GE. Conflict of interest to be avoided 64
75GF. Revocation of approval to act as an auditor 65 Division 4-Regulations 66 75H. Regulations 66 Part 5C-Enforcement of Parts 5A and 5B 67 75J. Meaning of "inspector" 67
75JA. Identity cards 67
75JB. General powers of inspectors 68
75JC. Protection against self-incrimination 68
75JD. Disclosure of information 69
75JE. Improvement notice 70
75JF. Disclosure of information to other statutory bodies 70 Part 6-Private Building Surveyors 71 76. Functions of private building surveyor 71
77. Additional functions 71
78. When may a private building surveyor be appointed? 71
79. Circumstances in which private building surveyor may not act 72
80. Private building surveyor to notify council 74
81. Termination of appointment 74
82. Directions of Commission 75
83. Effect of transfer of functions 76 Part 7-Protection of Adjoining Property 77 84. Notice of building work to be given 77
85. Adjoining owner must respond to notice 77
86. Effect of agreement 78
87. Effect of disagreement or request for further information 78
88. Work not to be carried out until protection requirements met 79
89. Emergency procedures 80
90. Absent or incapable owners 80
91. Appointment of agent for adjoining owner 81
92. Adjoining owner may inspect plans 82
93. Owner to arrange insurance cover 82
94. Survey of adjoining property 84
95. Entry on adjoining property 84
96. Adjoining owner and adjoining occupier not to obstruct owner 85
97. Expenses of adjoining owner 85
98. Compensation 86
99. Liability not affected 86
100. Saving for easements 86
101. Lodgment of plans after completion of protection work 87 Part 8-Enforcement of Safety and Building Standards 88 Division 1-Emergencies 88 102. Emergency orders 88
103. Contents of emergency orders 88
104. Duration of order 89
105. Cancellation of emergency order 89 Division 2-Building notices and building orders 89 106. Building notices 89
107. Actions by private building surveyors 90
108. Contents and form of building notice 90
109. Representations by owner 91
110. Cancellation of building notice 91
111. Building orders-general 91
112. Building orders to stop building work 92
113. Building orders-minor work 93
114. Form and service of building order 93
115. Failure to comply with order by private building surveyor 93
116. Amendment or cancellation of certain building orders 94
117. Duration of order 94 Division 3-General 94 118. Contravention of emergency order or building order 94
119. Building permit not required 95
120. Completion of work required by emergency order or building order 95
121. Work may be carried out by municipal building surveyor 96
122. Minister may authorise action where immediate danger 96
123. Recovery of costs 96
124. Police assistance 97
125. Relevant building surveyor to notify council 97
126. Regi