Regulation and Legislation

The Building Act 1993

Victoria's building legislation system was set up under a Victorian Act of Parliament, the Building Act 1993 (the Act).  It has developed into a leading model for other Australian States and Territories, as well as for other countries.

The Act introduced major changes in building control to improve the Victorian building industry. Of particular note, the Act introduced building permit approvals by private building surveyors. It also introduced compulsory registration and insurance for builders and certain other categories of building practitioners. 

These innovations have been designed to assist building owners, building surveyors and other industry practitioners to produce buildings that are safe, livable and energy efficient in a cost effective and timely manner for all Victorians.

You can view a copy of the Act at the Victorian Legislation and Parlimentary Documents site.

What legislation governs building activity?

All building work must comply with the Building Act 1993, Building Regulations 2006 (the Regulations) and the Building Code of Australia (the BCA) unless specifically exempted.

The Act sets out the legal framework for the regulation of construction of buildings, building standards and maintenance of specific building safety features, in Victoria. The objectives of the Act include:

• To establish, maintain and improve standards for the construction and maintenance of buildings
• To facilitate the adoption and efficient application of national uniform building standards and the accreditation of building products
• To enhance the amenity of buildings and protect the safety and health of people who use buildings
• To facilitate and promote the cost-effective construction of buildings
• To provide an efficient and effective system for issuing building and occupancy permits.

The Regulations are derived from the Act and contain amongst other things, the requirements relating to building permits, building inspections, occupancy permits, enforcement of the Regulations and maintenance of buildings. The Regulations call up the BCA as a technical reference that must be complied with.

The BCA is produced and maintained by the Australian Building Codes Board on behalf of the Commonwealth Government and each State and Territory Government. It is a uniform set of technical provisions for the design and construction of buildings and other structures. It is fully performance based and allows for state variations to provide additional requirements or cater for specific community expectations.  A performance based approach defines the way of achieving a specified outcome without prescribing a particular method.