Building legislation

What is the building legislation system in Victoria?

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

The Building Act 1993 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.

What legislation governs building activity?

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

The Building Act 1993 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 Building Act 1993 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 Building Regulations 2006 are derived from the Building Act 1993 and contain amongst other things, the requirements relating to building permits, building inspections, occupancy permits, enforcement of the Regulations and maintenance of buildings.  The Building Regulations 2006 call up the Building Code of Australia as a technical reference that must be complied with.

The Building Code of Australia 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.