2006 2017 Revoke No Change Updated Reduce Strengthen 501 23 Application Specifies the buildings that are required to comply with combined allotment provisions. ✓ This Regulation is a mechanical provision. 502 Multiple Has been replaced by multiple Regulations. Discussed below in relation to proposed Regulations 28, 29 and 30. n/a NEW 24 Application to treat combined allotments as one allotment States who can apply for a combined allotments determination and to whom that application must be made, and how that application must be made. ✓ This new Regulation provides a clear application process and certainty for all involved. This process is absent from the current Regulations. n/a NEW 25 Information to be contained in or accompany application Contains the minimum necessary information which must be included in and accompany an application for the purpose of reg 24. ✓ This is a new Regulation which is necessary to facilitate efficient decision-making and reduce or avoid delays caused by lack of information. n/a NEW 26 Building surveyor may request more information Empowers the building surveyor asked to make a combined allotments determination to request any additional information from an applicant which is required to make a combined allotments determination. ✓ This is a new Regulation which ensures a building surveyor can request further information to make a determination, if the minimum mandatory information required is insufficient. n/a NEW 27 Application may be refused if information not provided Provides that if additional information is requested and not provided, the MBS or the PBS may refuse the application. ✓ This is a new Regulation to clarify an application can be refused due to lack of information.
502(1) 502(2) 28 Determination to treat combined allotments as one allotment Establishes the circumstances when a MBS or a PBS can make a determination in relation to combined allotments. ✓ Improves efficiency of decision-making by specifying the process and decision-making criteria for making a determination. 502(3) 29 Effect of determination For clarity, states the effect of the making of a combined allotments determination which is that the relevant allotments are treated as one allotment for the purposes of the Act and the Regulations. ✓ Allowing multiple allotments in certain circumstances to be treated as one allotment provides an opportunity to reduce regulatory burden on landowners. For example, by allowing building work to be authorised under one building permit, and also where appropriate to streamline some building standards which would otherwise be required by reason of the existence of an allotment boundary. 502(5) 30 PBS may exercise powers of MBS under this part Empowers a PBS to make a combined allotments determination in circumstances they have been appointed under pt 6 of the Act to issue a building permit for building work in relation to which the determination is sought. ✓ Removes a limitation on who is empowered to make combined allotment determinations to include a PBS in certain circumstances, in addition to a MBS. Pt 5—Building permits Div 1—General 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen
315(4) 63 Lapsing of building permit Specifies when a building permit will lapse in relation to building work authorised by a building permit and the effect a permit when it has lapsed. ✓ The purpose of this Regulation is to provide incentive for an owner and a builder to ensure building work is commenced and completed within regulatory time limits. n/a NEW 64 Notice of imminent lapse of building permit – commencement of work Requires the RBS to issue a notice to the applicant of a building permit of the date building work must be commenced by, if the RBS has not conducted the first mandatory inspection of building work within three months of the required commencement date. ✓ This Regulation is required to help ensure a building permit is not left to lapse inadvertently. It improves administrative efficiency because the notice gives the owner enough time to take action to either commence work or to apply for an extension to the commencement date for building work, before the permit lapses. n/a NEW 65 Notice of imminent lapse of building permit – completion of work Requires the RBS to issue a notice to the applicant of a building permit of the date building work must be completed by, if the RBS has not conducted the final mandatory inspection within 3 months of the completion date. ✓ This Regulation is required to help ensure a building permit is not left to lapse inadvertently. It also improves administrative efficiency because the notice gives the owner enough time to take action to either complete work or to apply for an extension to the completion date nominated for the building work, before the permit lapses. n/a NEW 66 Copy of notice of imminent lapse of building permit to be provided Requires the RBS to give a copy of any notice issued under proposed new Regulations 64 and 65 to the owner (if not the building permit applicant), the builder, the relevant council and to the VBA. ✓ This Regulation ensures compliance with building work and the regulatory time frames under the Act and Regulations, by making relevant parties aware of any potential issues.
315(4) 67 Extension of building permit Enables an application to be made to the RBS for an extension to either the required commencement or completion dates for approved building work. ✓ This Regulation is required to allow an owner to avoid costs associated with a lapsed permit by seeking an extension of a relevant regulatory time limit. Current Regulation 315(4) has been revised to clarify the process to apply for such an extension. Pt 6—Siting Div 1—Introduction 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen 401 68 Application This Regulation exempts the operation of pt 6 to building work that has had the same matter assessed under the planning scheme. ✓ This Regulation removes duplication with the planning system. It has been updated to clarify that the exemption only applies if the matter has been assessed as part of a planning permit application. 404 69 What is an existing building? Defines ‘existing building’ for the purposes of pt 6, to clarify how the reference is to be treated in relation to an adjoining property. ✓ This Regulation ensures consistency in the interpretation of the term ‘existing building’ for the purposes of this part of the Regulations. 405 70 What is a single dwelling? Clarifies that the Ministerial Guidelines only apply to a single dwelling and structures associated with those dwellings, such as sheds and carports. ✓ This Regulation ensures consistency in interpretation between the Act and Regulations.
Div 2—Protection of the public 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen 604 116 Protection of the public Requires the RBS to consider if proposed building work will pose a risk to the safety of the public. If the RBS considers that building work will pose such a risk, the RBS must require safety measures to be put in place to guard against that risk both before and during the building work which gives rise to that risk. ✓ This Regulation is required to ensure the RBS manages health and safety risks to the public before and during building work. Div 3—Demolition 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen 607 117 Demolition Imposes minimum required safety standards for demolition. It also grants the RBS the power to exempt minor demolition work from these requirements in appropriate circumstances. ✓ This Regulation is required to mitigate health and safety risks associated with demolition, including the removal of hazardous waste.
309A 164 Report and consent required for noncomplying static water supply and access Requires the report and consent of a officer to be obtained if requirements can not be met. ✓ This Regulation ensures appropriate oversight of bushfire safety if properties do not comply with the requirements of this division. Regulation is more streamlined. Div 3—Private bushfire shelters 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen 1221 165 Application of this division Specifies that private bushfire shelters that are associated with a residential property are required to comply with this division. ✓ This Regulation promotes consistent interpretation. 115 166 Private bushfire shelter construction requirements This Regulation modifies the BCA by changing Class 1a to Class 1. ✓ This Regulation protects health and safety by ensuring that private bushfire shelters attached to bed and breakfast or hostels are also required to comply with the BCA.
1008 196 Approved location for display of permit Specifies that the approved location to display a copy of the occupancy permit must be in a prominent position accessible to the occupants. ✓ This Regulation enables people who occupy a building of a public nature or PoPE to view and comply with the occupancy permit. 1009 197 Owner to make permit available for inspection Requires the owner to ensure a copy of the occupancy permit is available for inspection at the building or PoPE on request by the MBS or chief officer. ✓ This Regulation facilitates efficiency by ensuring that the information required to monitor compliance is always readily available. This requirement is drafted as a strict liability offence so determination of culpability is straight forward. This is now an infringement offence. It is now straight forward to enforce because the words 'take all reasonable steps' are replaced with 'must ensure'. Div 5—Certificates of final inspection 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen 1006 198 Form of certificate of final inspection Requires the certificate of inspection to be issued in the prescribed form. ✓ This Regulation is necessary because a certificate of final inspection is used to calculate certain time periods in the Act and the Regulations (where an occupancy permit is not required) for liability, insurance and other matters. Additional information required to be contained in the certificate of final inspection in relation to any performance solutions used or if it was subject to a combined allotment decision (see proposed form 19).
1205A 215 Compliance with AS 1851—2012 taken to be compliance with earlier standards Enables maintenance of ESMs to be in accordance with the AS 1851—2005 Maintenance of fire protection systems and equipment despite what is specified in relation to the maintenance determination. ✓ This Regulation reduces burden and improves safety by allowing for owners to maintain the ESMs in accordance with another standard, which is considered to be less onerous to comply with than earlier versions of that standard. Sub-div 3—Maintenance schedules 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen n/a NEW 216 RBS must prepare or update maintenance schedule Requires a maintenance schedule to be prepared in certain circumstances for buildings with existing ESMs installed. The must provide all relevant records to prepare it. ✓ This Regulation mitigates health and safety risks from information asymmetry. A new Regulation to provide all current and future building owners with a single point of reference in relation to the ESMs in the buildings and the maintenance obligations associated with them. A penalty applies to this Regulation. 1206 Multiple Has been replaced by two Regulations. Discussed immediately below in relation to proposed Regulations 217, 218 and 220 n/a NEW 217 Owner of building or place may apply for maintenance schedule Enables a building surveyor to provide a service preparing maintenance schedules. ✓ This Regulation ensures maintenance schedules are prepared by appropriately qualified persons and in accordance with the Regulations where an owner at their own discretion elects to have one prepared. Very similar to current reg 1206.
1218 226 Maintenance of exits by occupiers of buildings or PoPEs Requires all occupants of a building to maintain paths of travel and points of egress. ✓ This Regulation mitigates health and safety risks by ensuring that points of egress are not compromised by occupant behaviour, such as chaining doors shut or using hallways or fire extinguishers cupboards for storage space. These actions can severely impact on the ability to evacuate a building during an emergency. This Regulation has been updated to remove the word ‘maintain’ to clarify that maintenance obligations lie with owners and cannot be passed onto occupiers. This change is consistent with owners responsibilities under s 52 of the Retail Leases Act 2003 and s 68 of the Residential Tenancies Act 1997, as well as a VCAT advisory opinion of Justice Garde on 1 May 2015. Pt 17—Existing buildings Div 1—Change of use of existing buildings 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen
1011(1) 1011(5) 227 Change of use This Regulation prohibits a person from changing the use of a building unless is an occupancy permit allowing that use and the building complies with the Regulations applicable to that use. ✓ This Regulation protects health and safety by ensuring that buildings have the appropriate safety features and services connected. The exemption to this Regulation has been moved to pt. 18. The penalty has been increased and introduces a prescribed form to facilitate clear and consistent records of these decisions across all building surveyors. 1011(4) 228 PBS may exercise powers of MBS under reg 227 Enables a PBS who has been appointed to an occupancy permit may exercise the powers of a MBS to grant an exemption from compliance with any of the Regulations applicable to the new use. ✓ This Regulation creates efficiencies in the delivery of building services. The matters that must be considered when deciding whether to grant an exemption from compliance are consistent with those matters that need to be considered when issuing an occupancy permit. Div 2—Subdivision of existing building 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen 503 229 Subdivision of existing building Requires each building resulting from a subdivided building to be brought into compliance with current Regulations. ✓ This Regulation protects health and safety by ensuring that existing buildings are upgraded to modern day standards when subdivided. Penalty has increased and introduces a prescribed form to facilitate and consistent records of these decisions across all building surveyors.
n/a NEW 245 Holder may request revocation of accreditation Establishes a mechanism whereby a certificate of accreditation holder may request the Building Regulations Advisory Committee to revoke an application. ✓ This Regulation provides flexibility in the event that a building product is proposed to cease manufacturing or a certificate of accreditation holder discovers it is no longer compliant (for example, a change in standard). This assists in maintaining the integrity of the accreditation process. n/a NEW 246 Accreditation ceases to have effect on revocation Clarifies that accreditation ceases to have effect on revocation. ✓ This Regulation assists in the administration of the accreditation scheme, this Regulation provides that accreditation ceases to have effect when revoked. 1411 247 Offence to falsely claim product accredited Provides for an offence for a person or body falsely claiming that a building product is accredited. ✓ This Regulation maintains an offence of 20 penalty for falsely claiming that a building product is accredited. This provides a deterrent to false accreditations in the interests of building safety and consumer protection. Div 4—Register and records 2006 2017 Regulation description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen 1407 248 Register of accredited products Specifies that VBA must keep a register of all building products which have been accredited. ✓ This Regulation assists in the administration of the register kept by VBA, this Regulation has been updated to specify the information that the register must contain. In the interests of increasing the availability of information to consumers, the Regulation also clarifies that access to the register is available to the public.
2006 2017 Revoke No Change Updated Reduce Strengthen 1502 261 Professional standards Specifies the professional standards to which a building practitioner must abide. ✓ The Regulation continues to specify the professional standards to be observed by registered building practitioners in the different categories or classes of registration. This supplements VBA’s registration assessment process and provides standards by which to base disciplinary action. Div 6—Fees 2006 2017 Regulation description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen 1508 262 Duplicate certificate fee Prescribes a fee for a duplicate practitioners certificate. ✓ The Regulation effect to s 172(7) of the Act, to prescribe a fee of 2.75 fee units for a duplicate building practitioner’s certificate. This assists the general administration of the Act. Div 7—Exemptions for certain building practitioners 2006 2017 Regulation Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen
1805 277 Exemptions relating to building surveyors for certain buildings Provides exemptions from certain notice provisions under the Act in relation to certain public buildings. ✓ This Regulation has been updated to reflect current legislation. 1807 n/a Definitions Specifies definitions for 'exemptions' relating to builders of multistorey residential buildings. ✓ This Regulation is proposed for revocation as the Act (specifically a domestic building insurance ministerial order made under s 135) provides for the same exemption. 1808 n/a Exemption from required insurance for builder Establishes an exemption from insurance for a builder who proposes to or carries out domestic building work a major domestic building contract for the construction of a multistorey residential building. ✓ This Regulation is proposed for revocation as the Act (specifically a domestic building insurance ministerial order made under s 135) provides for the same exemption. 1809 n/a Exemptions from required insurance for owner-builders Establishes an exemption from insurance for an owner-builder who constructs a multistorey residential building. ✓ This Regulation is proposed for revocation as the Act (specifically a domestic building insurance ministerial order made under s 135) provides for the same exemption. Pt 23—Transitional provisions 2006 2017 Short description of the Regulation Proposed regulatory change Revoke No Change Updated Reduce Strengthen