Reduced and revoked Regulations

Transcription

1 Building Regulations review Reduced and revoked Regulations 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 10m 2 on undeveloped land. This would align with the planning system which regulates Class 10a sheds larger than 10m 2 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 A proposed Regulation gives additional time to undertake a review of all fee regulations. New fee Regulations will need to be made before June 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 Some Regulations have been revoked where there is duplication with other schemes or if the Regulation is redundant.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. MAY 2017

2 PT 5 BUILDING PERMITS Div 2 Applications for building permits Application for permit to construct or alter building Specifies the type and number of copies of documents required to accompany a building permit application, if that application relates to the construction or alteration of a building. This Regulation is necessary to facilitate efficient decision-making and to reduce or avoid delays caused by a lack of information being submitted in an application. To reduce regulatory burden, only one hard copy of the documents need be provided with an application if the documents are lodged electronically, which is subject to the discretion of the relevant building surveyor Application for permit to demolish or remove building Specifies additional information that must be lodged with an application to demolish or remove a building. This Regulation is necessary to facilitate efficient decision-making and to reduce or avoid delays caused by a lack 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 Side and rear setbacks Restricts the distance a building can be positioned in relation to the side and rear boundary Solar access to existing northfacing windows Restricts how close a building can be constructed in relation to an existing dwellings north-facing windows. This Regulation reflects Standard A10 (cl of the 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. This Regulation reflects Standard A13 (cl of the Victoria Planning Provisions). It protects the energy efficiency 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 Sitting of Class 10a buildings Prevents sheds and the like from being constructed on an allotment, unless it is appurtenant to another building on the same allotment. This Regulation ensures that nonhabitable buildings do not have a negative amenity impact on neighbouring properties. A Class 10a building (with a floor area less than 10 m 2 ) to be constructed on an otherwise vacant allotment is consistent with an existing exemption in proposed sch 4 (see item 1). 2 Building Regulations review Reduced and revoked Regulations

3 Div 4 Class 10b structures Fence setbacks from side and rear boundaries Same as reg 414 but relates to fences Fences and solar access to existing north-facing habitable room windows Same as reg 417 but relates to fences. This Regulation reflects Standard A10 (cl of the 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. This Regulation reflects Standard A13 (cl of the Victoria Planning Provisions). It protects the energy efficiency 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 802(1) 802(3) 802(8) 155 Report and consent for building in areas liable to flooding Requires the report and consent to be obtained from the relevant council if the building site is in an area liable to flooding. This Regulation reduces impacts of flooding on buildings and building occupants. The requirement has been adjusted to apply only to residential use buildings. Previously it also applied to Class 5, 6, 7, 8 or Class 9b. These classes are now exempt. Land liable to flooding has been moved to the definitions Regulation. PT 14 OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION Div 6 Records Keeping of occupancy permit records Requires council to retain documents relating to occupancy permits. This Regulation has been amended to no longer required to keep documents in their original form. Aligns requirements with the role of council under the Public Records Act Building Regulations review Reduced and revoked Regulations 3

4 PT 22 EXEMPTIONS 1807 N/A Definitions Specifies definitions for exemptions relating to builders of multistorey residential buildings 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 under a major domestic building contract for the construction of a multistorey residential building N/A Exemptions from required insurance for owner-builders Establishes an exemption from insurance for an owner-builder who constructs a multistorey residential building. PT 23 TRANSITIONAL PROVISIONS 2003 N/A Transitional provisions Building Amendment Regulations 2009 This Regulation is now redundant and will be revoked. Provides for building practitioners registered using the qualifications listed in sch 7 before the commencement of the Building Amendment Regulation N/A NEW 280 Transitional provision revocation of Regulations prescribing fees This Regulation will revoke all fee Regulations by 1 June This Regulation gives additional time to undertake a review of all fee Regulations. It also enables a review of the proposed fees of council within three years. New fee Regulations will 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. 4 Building Regulations review Reduced and revoked Regulations

5 Abbreviations for Acts and Regulations Abbreviation Clause(s) Division(s) Part(s) Regulation(s) Schedule(s) Section(s) Subdivision(s) Name Cl(s) Div(s) Pt(s) Reg(s) Sch(s) S(s) Sub-div(s) The State of Victoria Department of Environment, Land, Water & Planning 2017 This work is licensed under a Creative Commons Attribution 4.0 International licence. You are free to re-use the work under that licence, on the condition that you credit the State of Victoria as author. The licence does not apply to any images, photographs or branding, including the Victorian Coat of Arms, the Victorian Government logo and the Department of Environment, Land, Water and Planning (DELWP) logo. To view a copy of this licence, visit ISBN (pdf/online) Accessibility If you would like to receive this publication in an alternative format, please telephone the DELWP Customer Service Centre on , customer.service@delwp.vic.gov.au, or via the National Relay Service on This document is also available on the internet at Disclaimer This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication. Building Regulations review Reduced and revoked Regulations 5