(c) a fence at any point, means the vertical distance between natural ground level at the base of the fence and the top of the fence; pergola means an open structure that is unroofed but may have a covering of open weave permeable material; private open space means— (a) an unroofed area of land; or r. 105 (b) a deck, terrace, patio, balcony, pergola, verandah, gazebo or swimming pool; septic tank system has the same meaning as it has in Part IXB of the Environment Protection Act 1970; setback from a boundary or building, means a horizontal distance from that boundary or building; sewerage authority means— (a) in relation to the metropolis under the Melbourne and Metropolitan Board of Works Act 1958, the Melbourne Water Corporation; and (b) in relation to a sewerage district under the Water Act 1989, the Authority for that district under that Act; site coverage means that part of an allotment, which is covered by buildings, expressed as a percentage of the area of the allotment; Standards New Zealand is the trading arm of the Standards Council of New Zealand; street includes road, highway, carriageway, lane, footway, square, court, alley and right of way;
(f) domestic fuel tanks and water tanks; (g) heating and cooling equipment and other services. (4) The following may encroach into the setback distance required by subregulation (1) or (2)— (a) landings with an area of not more than 2m2 and less than 1m high; (b) unroofed stairways and ramps; (c) pergolas; (d) shade sails; r. 414 (e) eaves, fascia, gutters not more than 600mm in total width; (f) carports (subject to regulation 415). r. 415 (5) This regulation does not apply to a wall that complies with regulation 415. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Note to reg. 414 revoked by S.R. No. 37/2014 reg. 11(3). * * * * * Reg. 415 amended by S.R. No. 161/2013 reg. 3, substituted by S.R. No. 37/2014 reg. 12. 415 Walls and carports on boundaries (1) This regulation applies to the construction of— (a) a wall on or within 200mm of a side or rear boundary of an allotment; or (b) a carport constructed on or within 1m of a side or rear boundary of an allotment and which is open on the side facing the boundary or boundaries.
(4) This regulation must be complied with by the owner of the dwelling or sole-occupancy unit. (5) A person who fails to comply with this regulation is guilty of an offence and liable to a penalty not exceeding 5 penalty units. r. 707 (6) This regulation does not apply to a Class 1b or 3 building— (a) if the building complies with regulation 709; or (b) on or after the earliest date on which the owner of the building is required to comply with regulation 709 in relation to the building— whichever first occurs. Note See regulation 709(7) for the date for compliance with regulation 709. 708 Residential care buildings—automatic fire sprinkler systems r. 708 (1) This regulation applies to a residential care building which was constructed or for which a building approval or building permit was granted prior to 1 August 1997. Note to reg. 708(1) amended by S.R. No. 20/2011 reg. 13. Note The term residential care building is defined in clause Vic A1.1 of the Appendix Victoria set out in the Appendices to the BCA Volume One.
(i) a public corridor, public lobby or the like; or (ii) a room not within the sole-occupancy unit; or (iii) the landing of an internal stairway; or (iv) another sole-occupancy unit; and (c) any doorways from each sole-occupancy unit that provide access to a public corridor, public stairway, internal non-fire-isolated stairway or the like are protected with a fire door having a fire-resistance level of not less than -/30/30; and Reg. 710(7)(d) amended by S.R. Nos 20/2011 reg. 15(2), 51/2014 reg. 6(1). (d) that has a fire hose reel system in accordance with clause clause E1.4 of the BCA Volume One 2013; and r. 710 Reg. 710(7)(e) amended by S.R. No. 20/2011 reg. 15(2). (e) that has emergency lighting in accordance with clause G4.4 or clause E4.2 of the BCA Volume One (as appropriate); and Reg. 710(7)(f) amended by S.R. No. 20/2011 reg. 15(2). (f) that has exit signs in accordance with the deemed-to-satisfy provisions of Part E4 of the BCA Volume One; and Reg. 710(7)(g) amended by S.R. No. 37/2014 reg. 18(2). (g) that has a management plan in accordance with Practice Note 2008-13 issued by the Building Commission in November 2008. closing isolated
(b) specify a level at least 300mm above any flood levels declared under the Water Act 1989 or otherwise determined by the floodplain management authority, unless the authority consents to a lower floor level. (8) The relevant council must without delay advise the floodplain management authority and the sewerage authority for that site of the floor level (if any) specified under subregulation (6). 803 Termite risk areas r. 803 (1) A council may designate areas within its municipal district in which buildings are likely to be subject to attack by termites. Reg. 803(2) amended by S.R. No. 20/2011 reg. 16. (2) Despite anything to the contrary in performance requirement BP1.1 of the BCA Volume One and performance requirement P2.1 of the BCA Volume Two— (a) a primary building element is only required to be protected against attack by termites if it is part of a building being constructed in an area designated under subregulation (1); and (b) a detached Class 10 building is not required to be protected against termite attack.
1008 Approved location for display of permit r. 1008 (1) Subject to subregulation (3), the relevant building surveyor must ensure that a location approved within a building for the purposes of regulation 1007 is in a prominent position accessible to the occupants of the building. (2) The relevant building surveyor must ensure that a location approved within a place of public entertainment for the purposes of regulation 1007 is in a prominent position accessible to the public. (3) In the classes of buildings referred to in regulation 1805, the location approved for the purposes of regulation 1007 may be in an area to which access is available only with the authorisation of the owner. 1009 Owner to make permit available for inspection (1) This regulation applies to— (a) Class 1b, 2, 3, 5, 6, 7 and 8 buildings constructed on or after 1 July 1994; and (b) Class 9 buildings; and (c) places of public entertainment. (2) An owner of a building or place of public entertainment must ensure that a copy of any current occupancy permit is available at that building or place for inspection by the municipal building surveyor or chief officer at any time on request. 10 penalty units.
Reg. 1604(1) amended by S.R. No. 37/2014 reg. 24(1). (1) Fees paid to the Building Appeals Board in respect of a request under section 147 of the Act must be refunded from the Building account of the Victorian Building Authority Fund if the request is refused. Reg. 1604(2) amended by S.R. No. 37/2014 reg. 24. (2) The Authority may refund from the Building account of the Victorian Building Authority Fund, in whole or in part, any other fee paid to the Building Appeals Board if the appeal, request, application or referral is not proceeded with. Pt 16 Div. 2 (Heading and reg. 1605) inserted by S.R. No. 37/2014 reg. 25. Division 2—Victorian Civil and Administrative Tribunal Reg. 1605 inserted by S.R. No. 37/2014 reg. 25. 1605 Review period The period within which an application for review by the Victorian Civil and Administrative Tribunal under sections 25J and 182A of the Act must be lodged is 60 days. r. 1604 __________________ 1701 Application r. 1701 This Part applies to all buildings and places of public entertainment whenever constructed. 1702 Authorised officers The office or class of officers for the purposes of the definition of authorised officer in section 254 of the Act are—
Signature of building practitioner Date Note Under section 175 of the Building Act 1993, while suspended a building practitioner is deemed to not be registered. __________________ SCHEDULE 3 Sch. 3 Regulation 307 Column 1 Column 2 Column 3 Column 4 Column 5 Item number Matter Class 1 or 10 buildings Class 2–9 buildings Act provision 1 Relevant building surveyor to give reporting authority a copy of an application 3 business days 5 business days Schedule 2 clause 4(2) 2 Time after receipt of copy of application for reporting authority to report on and consent to application 10 business days 10 business days Schedule 2 clause 6 3 Time after receipt of copy of application for reporting authority to report on and consent to an application for a matter under Division 2 of Part 4 and regulation 424 15 business days Not applicable Schedule 2 clause 6
30 Construction of buildings on land liable to flooding reg. 802(3) 31 Building on designated land or works reg. 806(1) 3 Sch. 4 PRESCRIBED MATTER REPORTED ON BY ELECTRICITY SUPPLY AUTHORITY Column 1 Column 2 Column 3 Item Prescribed matter to be reported on by electricity supply authority Regulation reference 1 Provision of substations reg. 311 __________________ Sch. 5 substituted by S.R. No. 115/2007 reg. 12, amended by S.R. No. 37/2014 reg. 28. SCHEDULE 5 Sch. 5 Regulations 403, 409(1), 410(1), 411(1), 412(1), 414(1), 415(2), 421(1) and 424(1) Column 1 Item number Column 2 Name of planning scheme Column 3 Name of zone 1 Bayside Planning Scheme Residential 1 Zone (R1Z) Mixed Use Zone (MUZ) 2 Glen Eira Planning Scheme Residential Growth Zone (RGZ) General Residential Zone (GRZ) Neighbourhood Residential Zone (NRZ) 2A Greater Dandenong Planning Scheme Residential Growth Zone (RGZ) General Residential Zone (GRZ) Neighbourhood Residential Zone (NRZ)
3 Planning Scheme Residential 1 Zone (R1Z) Residential 3 Zone (R3Z) 4 Knox Planning Scheme Residential 3 Zone (R3Z) 5 Manningham Planning Scheme Residential 3 Zone (R3Z) 6 Maroondah Planning Scheme Residential 1 Zone (R1Z) 7 Monash Planning Scheme Residential 1 Zone (R1Z) Residential 2 Zone (R2Z) Mixed Use Zone (MUZ) __________________ SCHEDULE 6 Sch. 6 Regulation 1004 Column 1 Column 2 Column 3 Column 4 Column 5 Item number Matter Class 1 building Class 2–9 buildings Act provision 1 Relevant building surveyor to give reporting authority copy of an application 3 business days 5 business days Schedule 2 clause 4(2) 2 Time after receipt of copy of application for reporting authority to report on and consent to an application 5 business days 10 business days Schedule 2 clause 6 3 Time for relevant building surveyor to decide application 2 business days 5 business days section 43 or section 56
(b) 2 years of practical experience to the satisfaction of the Board. 3 Category of building inspector (unlimited) (a) a diploma of building surveying from a course accredited under the Education and Training Reform Act 2006; and (b) 2 years of practical experience to the satisfaction of the Board Sch. 7 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications 4 Category of building inspector (limited) (a) the following qualifications— (i) a diploma of building surveying from a course accredited under the Education and Training Reform Act 2006; and (ii) 2 years of practical experience to the satisfaction of the Board; or (b) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to inspect the classes and types of buildings or the components of building
Volume One Practice Note 2006-13 issued by the Commission in May 2006 Whole Regulation 1202 definition of essential safety measure Building Code of Tables I1.1 to I1.11 of Volume One, except the item in Table I1.4 relating to artificial lighting; and Clause I1.2 of Volume One Regulations 1801, 1802 and item 5 of Schedule 8 Building Code of Clause A3.2 of Volume One Clause 1.3.2 of Volume Two Regulation 1808(3) Building Practitioners' Insurance Ministerial Order published 12 May 2005 Whole —— Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter was included in S.R. No. 115/2007 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 12 which substitutes new Bayside Planning Scheme made under the Planning and Schedules to Residential 1
Schedule 5 to the Building Regulations 2006 Environment Act 1987 as that planning scheme is amended and in force from time to time Glen Eira Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Kingston Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedules to Residential 1 Zone and Residential 3 Zone and the provisions of the Planning
document Regulation 5 which inserts regulation 808 into the Building Regulations 2006 Australian Standard Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, as amended on 16 November 2009 as incorporated for the time being by the BCA. Clause 2.2 Appendix B —— Table of Applied, Adopted or Incorporated Matter Note that the following table of applied, adopted or incorporated matter was included in S.R. No. 20/2011 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. In this table— BCA means the Building Code of Australia comprising— (a) Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and (b) Volume Two of the National Construction Code Series including any additions set out in Appendix A of that Volume; BCA Volume One means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume;
BCA Volume Two means Volume Two of the National Construction Code Series including any additions set out in Appendix A of that Volume; National Construction Code Series means the National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time; Principal Regulations means the Building Regulations 2006. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5(1) which amends regulation 105 of the Principal Regulations to insert the definitions of BCA Volume One and BCA Volume Two BCA Volume One BCA Volume Two The whole Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5(2) which amends regulation 105 of the Principal Regulations to amend the definition of fire performance requirement BCA Volume One BCA Volume Two The whole Regulation 6 which amends regulation 111 of the Principal Regulations BCA Volume One BCA Volume Two The whole
National Construction Code Series means the National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5 which substitutes the definition of fire performance requirement in regulation 105 of the Building Regulations 2006 The BCA Volume Two Performance requirement P2.3.5 Regulation 6 which substitutes regulation 113A of the Building Regulations 2006 The BCA Whole Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 7 which substitutes regulation 115 of the Building Regulations 2006 The BCA Volume One The BCA Volume Two Clause A1.1 Clauses 1.1.1, O2.3(d) and performance requirement P2.3.5 and the Application at the foot of performance requirement P2.3.5 —— Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 37/2014 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 16(1) which amends regulation 708(3) of the Building Regulations 2006 Practice Note 2008-07 issued by the Building Commission in 2008 The whole Regulation 18(2) which amends regulation 710(6) and (7) of the Building Regulations 2006 Practice Note 2008-13 issued by the Building Commission in November 2008 The whole Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 28(2) which amends Schedule 5 to the Building Regulations 2006 Glen Eira Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedules to Residential Growth Zone, General Residential Zone and Neighbourhood Residential Zone and the provisions of the Planning Scheme (including the planning
scheme maps) identifying those Zones and clauses 32.07-7, 32.08-7 and 32.09-8 Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 28(3) which amends Schedule 5 to the Building Regulations 2006 Greater Dandenong Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedules to Residential Growth Zone, General Residential Zone and Neighbourhood Residential Zone and the provisions of the Planning Scheme (including the planning