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This version of Building Regulations review – Reduced and revoked Regulations has been prepared for use with screen reader software. The printed publication contains various design features that have been necessarily omitted from this version. In other respects this document contains identical text to that in the PDF version of the document which is available at planning..au

Building Regulations review

Reduced and revoked Regulations

May 2017

The Department of Environment, Land, Water and Planning has identified areas where the Building Regulations can be reduced or revoked to reduce regulatory burden.

The current Regulations are based on the manual lodgement of documents. The proposed Regulations encourage electronic lodgement of documents by reducing the number of hard copies required when documents are lodged electronically.

The current Regulations require a report and consent from a council to build a shed on undeveloped land. The proposed Regulations would allow as-of-right construction of a single Class 10a building with a floor area less than 10m2 on undeveloped land. This would align with the planning system which regulates Class 10a sheds larger than 10m2 and with Schedule 8 in the current Regulations, which exempts this class of building from a building permit.

The Regulations prescribing fees will automatically revoke on 1 June 2020. A proposed Regulation gives additional time to undertake a review of all fee regulations. New fee Regulations will need to be made before June 2020.

Some provisions have been amended so that they align with other Acts and standards. Some Regulations have been revoked where there is duplication with other schemes or if the Regulation is redundant.

The table below summarises the proposed reduced and revoked Regulations, regulation-by-regulation. In the column headed:

• ‘2006’ is the number(s) of the current (2006) regulation

• ‘2017’ is the proposed 2017 regulation

• ‘Regulation’ is a brief explanation of the regulation

• ‘Why the 2017 Regulation is proposed’ is brief background for the change.

PT 5 – BUILDING PERMITS

Div 2 – Applications for building permits

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|302 |33 |Application for permit to construct or alter building |This Regulation is necessary to facilitate efficient |

|303 | |Specifies the type and number of copies of documents |decision-making and to reduce or avoid delays caused by a lack |

| | |required to accompany a building permit application, if|of information being submitted in an application. To reduce |

| | |that application relates to the construction or |regulatory burden, only one hard copy of the documents need be |

| | |alteration of a building. |provided with an application if the documents are lodged |

| | | |electronically, which is subject to the discretion of the |

| | | |relevant building surveyor. |

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|304 |34 |Application for permit to demolish or remove building |This Regulation is necessary to facilitate efficient |

| | |Specifies additional information that must be lodged |decision-making and to reduce or avoid delays caused by a lack |

| | |with an application to demolish or remove a building. |of information being submitted in an application. To reduce |

| | | |regulatory burden, only one hard copy of documents need be |

| | | |provided with an application if the documents are lodged |

| | | |electronically, which is subject to the discretion of the |

| | | |relevant building surveyor. |

PT 6 – SITING

Div 2 – Single Class 1 buildings and associated Class 10 buildings

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|414 |79 |Side and rear setbacks |This Regulation reflects Standard A10 (cl 54.04-1 of the |

| | |Restricts the distance a building can be positioned in |Victoria Planning Provisions). It ensures that there is adequate|

| | |relation to the side and rear boundary. |separation between buildings on adjoining properties and |

| | | |includes eaves, fascia and gutters as allowable encroachments |

| | | |into the setback. |

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|417 |82 |Solar access to existing north-facing windows |This Regulation reflects Standard A13 (cl 54.04-4 of the |

| | |Restricts how close a building can be constructed in |Victoria Planning Provisions). It protects the energy efficiency|

| | |relation to an existing dwellings north-facing windows.|of existing dwellings which receive passive solar heating. |

| | | |Aspects of this Regulation are transferred to a definition |

| | | |(‘north-facing windows’) and does not apply to existing windows,|

| | | |which will be situated above the eaves of the proposed dwelling.|

Div 3 – Siting of Class 10a buildings

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|422 |87 |Sitting of Class 10a buildings |This Regulation ensures that nonhabitable buildings do not have |

| | |Prevents sheds and the like from being constructed on |a negative amenity impact on neighbouring properties. A Class |

| | |an allotment, unless it is appurtenant to another |10a building (with a floor area less than 10 m2) to be |

| | |building on the same allotment. |constructed on an otherwise vacant allotment is consistent with |

| | | |an existing exemption in proposed sch 4 (see item 1). |

Div 4 – Class 10b structures

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|425 |90 |Fence setbacks from side and rear boundaries |This Regulation reflects Standard A10 (cl 54.04-1 of the |

| | |Same as reg 414 but relates to fences. |Victoria Planning Provisions). It ensures that there is adequate|

| | | |separation between buildings on adjoining properties and |

| | | |includes eaves, fascia and gutters as allowable encroachments |

| | | |into the setback. |

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|429 |95 |Fences and solar access to existing north-facing |This Regulation reflects Standard A13 (cl 54.04-4 of the |

| | |habitable room windows |Victoria Planning Provisions). It protects the energy efficiency|

| | |Same as reg 417 but relates to fences. |of existing dwellings which receive passive solar heating. |

| | | |Aspects of this Regulation are transferred to a definition |

| | | |(‘north-facing windows’) and does not apply to existing windows,|

| | | |which will be situated above the eaves of the proposed dwelling.|

PT 11 – DESIGNATION OF SPECIAL AREAS FOR BUILDING WORK

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|802(1) |155 |Report and consent for building in areas liable to |This Regulation reduces impacts of flooding on buildings and |

|802(3) | |flooding |building occupants. The requirement has been adjusted to apply |

|– | |Requires the report and consent to be obtained from the|only to residential use buildings. Previously it also applied to|

|802(8 | |relevant council if the building site is in an area |Class 5, 6, 7, 8 or Class 9b. These classes are now exempt. Land|

| | |liable to flooding. |liable to flooding has been moved to the definitions Regulation.|

PT 14 – OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION

Div 6 - Records

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|1010 |200 |Keeping of occupancy permit records |This Regulation has been amended to no longer required to keep |

| | |Requires council to retain documents relating to |documents in their ‘original form’. Aligns requirements with the|

| | |occupancy permits.. |role of council under the Public Records Act 1973. |

PT 22 - EXEMPTIONS

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|1807 |N/A |Definitions |This Regulation is proposed for revocation as the Act |

| | |Specifies definitions for ‘exemptions’ relating to |(specifically a domestic building insurance ministerial order |

| | |builders of multistorey residential buildings. |made under s 135) provides for the same exemption. |

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|1808 |N/A |Exemption from required insurance for builder |This Regulation is proposed for revocation as the Act |

| | |Establishes an exemption from insurance for a builder |(specifically a domestic building insurance ministerial order |

| | |who proposes to or carries out domestic building work |made under s 135) provides for the same exemption. |

| | |under a major domestic building contract for the | |

| | |construction of a multistorey residential building. | |

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|1809 |N/A |Exemptions from required insurance for owner-builders |This Regulation is proposed for revocation as the Act |

| | |Establishes an exemption from insurance for an |(specifically a domestic building insurance ministerial order |

| | |owner-builder who constructs a multistorey residential |made under s 135) provides for the same exemption. |

| | |building. | |

PT23 – TRANSITIONAL PROVISIONS

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|2003 |N/A |Transitional provisions—Building Amendment Regulations |This Regulation is now redundant and will be revoked. |

| | |2009 | |

| | |Provides for building practitioners registered using | |

| | |the qualifications listed in sch 7 before the | |

| | |commencement of the Building Amendment Regulation 2009.| |

|2006 |2017 |Regulation |Why the 2017 Regulation is proposed |

|N/A |NEW |Transitional provision – revocation of Regulations |This Regulation gives additional time to undertake a review of |

| |280 |prescribing fees |all fee Regulations. It also enables a review of the proposed |

| | |This Regulation will revoke all fee Regulations by 1 |fees of council within three years. New fee Regulations will |

| | |June 2020. |need to be made before June 2020 otherwise there will be no |

| | | |power for council, the Victorian Building Authority or the |

| | | |Building Appeals Board to charge these fees after that date. |

Abbreviations for Acts and Regulations

Abbreviation: Name

Clause(s): Cl(s)

Division(s): Div(s)

Part(s): Pt(s)

Regulation(s): Reg(s)

Schedule(s): ch(s)

Section(s): S(s)

Subdivision(s): Sub-div(s)

© The State of Victoria Department of Environment, Land, Water & Planning 2017

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