Posts Tagged ‘Municipal Building Surveyor’

Does Building Control Legislation apply to the Crown and public authorities?

Sunday, January 24th, 2010

Yes, Victoria’s Building Act and Regulations apply to the Crown and public authorities e.g. Health Care Networks etc. This means , for example, that the Crown and public authorities are not exempt from the requirement to apply for Building Permits. It means that the Crown and Public Authorities must comply with the building standards defined in the Building Regulations. By the Crown and public authorities I mean as defined in Victoria, Australia.

You also need to make sure you are distinguishing here between Building and Planning Permits. For example, in some cases, no Planning permit may be required for development through exemptions in the application of Victoria’s planning scheme to Crown land. Distinguishing between a Planning and Building permit in detail is beyond the scope of this article. (more…)

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Is Building Control legislation retrospective?

Sunday, January 24th, 2010

What I mean by this is – “Do the current technical requirements of our Building Regulations 2006, Building Code of Australia and Reference Standards apply to existing buildings in our community in Victoria, Australia?” The general application of the Building Control legislation is to “building works”. To have “building works”, generally you need to be doing something to a building or part of a building.

In certain circumstances Building Control Legislation is retrospective. These include:

  • In the case of a change of use i.e. a change from one defined use in the Building Code of Australia to another;
  • In the case of a major upgrade i.e. where more than 50% of the building has been altered in the previous 3 years; and
  • Also in the case of subdivision i.e. if one building is divided into two or more parts they must be brought into compliance with the current requirements. (more…)

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