Building (Amendment) Act 2004

Building (Amendment) Act 2004

Act No. 66/2004

table of provisions

Section Page

1. Purpose 1

2. Commencement 2

3. Definitions 2

4. Building regulations 3

5. Refusal of building permits 3

6. Insertion of new section 24A 3

24A. Further limitations on issue of building permit 3

7. Insertion of new sections 25A and 25B 5

25A. Notice to building surveyor of changes 5

25B. Restrictions on owner-builder 6

8. Insertion of new Division 3A in Part 3 7

Division 3A—Certificates of Consent for Owner-builders 7

25C. Application for owner-builder certificate of consent 7

25D. Further particulars 7

25E. Decision on application for certificate of consent 8

25F. Applications in relation to land owned by related
bodies 10

25G. Certificate of consent 11

25H. Register of certificates 11

25I. Building Commission to publish information statement 11

9. Documents to include prescribed information 12

10. Appeals against decisions of Building Practitioners Board 12

11. Offence to carry out certain domestic building work if unregistered 13

12. Additional function of Building Practitioners Board 13

13. Delegation of functions of the Building Practitioners Board 13

14. Power to amend or revoke plumbing insurance orders 13

15. Regulation-making powers in relation to plumbing work 14

16. Insertion of new Division 1B of Part 13 14

Division 1B—Inspections of Safety and Emergency Equipment 14

227E. Powers of inspection of chief officer and municipal building surveyor 14

17. Production of identity card by authorised persons 15

18. Substitution of new section 229 15

229. Power of entry—inspections of buildings, places of public entertainment etc. 15

19. Insertion of additional regulation-making powers 16

20. Reporting authority fees 17

21. Consequential amendment 17

═══════════════

Endnotes 18

Section Page

Victoria

No. 66 of 2004

Section Page

Building (Amendment) Act 2004[(]

[Assented to 19 October 2004]

Act No. 66/2004

Building (Amendment) Act 2004

Act No. 66/2004

Building (Amendment) Act 2004

The Parliament of Victoria enacts as follows:

Act No. 66/2004

Building (Amendment) Act 2004

1. Purpose

The main purpose of this Act is to amend the Building Act 1993—

(a) to improve the regulation of domestic building work in relation to owner-builders; and

(b) to require that authorised officers produce identification before exercising powers under that Act or the regulations; and

(c) to provide powers for the inspection of safety or emergency installations, equipment or services in buildings and places of public entertainment and the inspection of records relating to their operation and maintenance; and

(d) to empower a reporting authority to fix certain fees; and

(e) to provide for additional regulation-making powers; and

(f) to generally improve the operation of that Act.

2. Commencement

s. 2

(1) Sections 1 and 21 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2005, it comes into operation on that day.

3. Definitions

See:
Act No.
126/1993.
Reprint No. 5
as at
31 May 2003
and amending
Act Nos
26/2001, 60/2003 and 102/2003.
LawToday:
www.dms.
dpc.vic.
gov.au

(1) In section 3(1) of the Building Act 1993 insert the following definitions—

' "certificate of consent" means a certificate of consent under Division3A of Part 3;

"chief officer" means—

(a) in relation to the metropolitan fire district under the Metropolitan Fire Brigades Act 1958, the Chief Officer of the Metropolitan Fire and Emergency Services; and

(b) in relation to any building or land outside the metropolitan fire district, the Chief Officer of the Country Fire Authority under the Country Fire Authority Act 1958;'.

(2) In section 3(1) of the Building Act 1993, in the definition of "Building Code of Australia" omit "1996" (where twice occurring).

4. Building regulations

s. 4

In section 7(1)(a) of the Building Act 1993, for "and maintenance" substitute ", maintenance, demolition and removal".

5. Refusal of building permits

(1) In sections 24(1) and 24(2) of the Building Act 1993, after "Subject to" insert "section 24A and".

(2) Sections 24(3), 24(4), 24(4A) and 24(4B) of the Building Act 1993 are repealed.

6. Insertion of new section 24A

After section 24 of the Building Act 1993 insert—

"24A. Further limitations on issue of building permit

(1) The relevant building surveyor may consider an application for a building permit for building work that is not domestic building work but must not issue the permit unless he or she is satisfied that—

(a) each building practitioner to be engaged in the building work is registered under Part 11; and

(b) each architect to be engaged in the building work is an insured architect.

(2) The relevant building surveyor may consider an application for a building permit for domestic building work that is to be carried out under a major domestic building contract but must not issue the permit unless he or she is satisfied that—

(a) the work is to be carried out by a builder who is registered under Part 11 in the appropriate class of domestic builder and is covered by the required insurance; and

(b) each architect to be engaged in the building work is an insured architect.

(3) The relevant building surveyor may consider an application for a building permit for domestic building work where the cost of thework (estimated in accordance with section 201) is more than $12 000 and the work is not to be carried out under a major domestic building contract but must not issue the permit unless he or she is satisfied that—

s. 6

(a) the work is to be carried out by—

(i) a builder who is registered under Part 11; or

(ii) an architect who is registered under the Architects Act 1991; or

(b) the applicant has been issued with a certificate of consent for the work; or

7. Insertion of new sections 25A and 25B

s. 7

After section 25 of the Building Act 1993 insert—

"25A. Notice to building surveyor of changes

(1) If a building permit has been issued in respect of building work to be carried out by a building practitioner or an insured architect and subsequently the engagement of the building practitioner or architect ends, that building practitioner or architect and the owner of the building or land in respect of which the permit is issued must, within 14days after that engagement ends, each give the relevant building surveyor written notice of the ending of that engagement.

Penalty: 10 penalty units.

(2) If a building permit has been issued in respect of building work and subsequently a building practitioner or insured architect is engaged to carry out the building work, the owner of the building or land in respect of which the permit is issued must, within 14days after that engagement, give the relevant building surveyor written notice of the engagement including details of—

(a) the building practitioner's registration under this Act; or

(b) the architect's registration under the Architects Act 1991.

Penalty: 10 penalty units.

(3) A builder who is engaged to carry out domestic building work after a building permit is issued in respect of the building work must, within 14 days after that engagement, give the relevant building surveyor written notice of the engagement including details of the required insurance by which the builder is covered.

Penalty: 50 penalty units.

25B. Restrictions on owner-builder

s. 7

An owner of land or a building must not carry out domestic building work as builder on that land or in respect of that building if the cost of the work (estimated in accordance with section 201) is more than $12 000 unless the owner—

(a) has been issued with a certificate of consent for the work; or

(b) is a builder who is registered under Part11; or

(d) is the Director of Housing; or

(e) is carrying out the work in accordance with an emergency order, a building notice or a building order made under Part 8.

Penalty: 50 penalty units.".

8. Insertion of new Division 3A in Part 3

s. 8

After Division 3 of Part 3 of the Building Act 1993 insert—

'Division 3A—Certificates of Consent for Owner-builders

25C. Application for owner-builder certificate of consent

(1) A natural person may apply to the Building Practitioners Board for the issue of a certificate of consent to carry out domestic building work on land.

(2) The application must—

(a) contain the prescribed information; and

(b) be made in the prescribed manner; and

(i) a statutory declaration by the applicant stating that the applicant has read the information statement published under section 25I; and

(ii) any other prescribed information; and

(iii) the prescribed application fee.

25D. Further particulars

The Building Practitioners Board may ask an applicant under section 25C to give it any more information that it reasonably requires to determine the application and may refuse the application if the applicant does not comply with the request within a reasonable time.

25E. Decision on application for certificate of consent

(1) The Building Practitioners Board must issue a certificate of consent for domestic building work if it is satisfied that—

(a) the applicant has complied with sections 25C and 25D; and

(b) the applicant is the owner of the land on which the domestic building work is to be carried out or the application is authorised under section 25F; and

(c) the application relates to the carrying out of domestic building work in relation to, or ancillary to, a single dwelling; and

s. 8

(d) the applicant resides and will continue to reside, or intends to reside, in the dwelling; and

(e) the applicant has not been issued with a building permit for the carrying out of domestic building work by the applicant as builder on land owned by the applicant or a related body in the previous 3 years other than in relation to, or ancillary to, the dwelling on the land to which the application relates; and

(f) if the applicant co-owns the land to which the application relates with another person, a building permit has not been issued to that person for the carrying out of domestic building work by that person as builder on land owned by that person in the previous 3 years other than in relation to, or ancillary to, the dwelling on the land to which the application relates; and

(g) if the applicant was a co-owner of land (other than the land to which the application relates) with another person in the previous 3 years, a building permit has not been issued to that person for the carrying out of domestic building work by that person as builder on that land in that 3 year period; and

(h) the applicant is not in the business of building.

(2) In sub-section (1) a reference to a period of 3years does not include any period before the commencement of section 8 of the Building (Amendment) Act 2004.

s. 8

(3) Subject to sub-section (4), the Board must refuse to issue a certificate of consent if the requirements of sub-section (1) are not met.

(4) The Board may exempt an applicant from therequirement in sub-section (1)(e), (1)(f) or (1)(g) if the Board determines that special circumstances exist.

(5) For the purposes of sub-section (4), the Board may determine that special circumstances exist if it is satisfied that—

(a) the application arises from a substantial change in the circumstances of the applicant; or

(b) the applicant would suffer hardship if the application were refused.

(6) In this section "related body" means a body corporate of which the applicant is a director or the trustees of a trust of which the applicant is a beneficiary.

25F. Applications in relation to land owned by related bodies

(1) An applicant for a certificate of consent in respect of domestic building work is not required to be the owner of the land on which the work is to be carried out if—

(a) the land is owned by a body corporate; and

(b) the applicant is a director of the body corporate; and

s. 8

(2) An applicant for a certificate of consent in respect of domestic building work is not required to be the owner of the land on which the work is to be carried out if—

(a) the land is the subject of a trust; and

(b) the applicant is a beneficiary of the trust; and

(c) the trustees of the trust have each in writing authorised the applicant to make the application and to carry out the work.

25G. Certificate of consent

A certificate of consent issued under this Division—

(a) must contain the prescribed information; and

(b) expires 3 years after the date of issue.

25H. Register of certificates

(1) The Registrar of the Building Practitioners Board must keep a register of certificates of consent issued under this Division.

(2) The register must be kept in accordance with the regulations.

25I. Building Commission to publish information statement

s. 8

(1) The Commission, after consulting with the Director of Consumer Affairs Victoria, may publish an information statement setting out information in relation to this Act, the building regulations, the Domestic Building Contracts Act 1995 and the regulations under that Act that the Commission considers appropriate to provide to applicants for certificates of consent.

(2) The Commission, after consulting with the Director of Consumer Affairs Victoria, may publish a statement amending or replacing a statement published under sub-section (1).

(3) The information statement and any amending or replacement statement must be published in the Government Gazette.'.