In Victoria, a building permit may be issued before the registration of a plan of subdivision, provided that strict conditions are met to ensure that the proposed works will not compromise planning, legal, or regulatory frameworks.

✅ Permissible, But Conditional

While not common practice, issuing a building permit prior to registration is permissible under Regulation 37(1) of the Building Regulations 2018, which allows for a building permit to be granted for a lot within a proposed subdivision if:

1. The building surveyor is satisfied that the subdivision will be registered without alteration to the lot on which the building work is proposed; and

2. There are no planning restrictions or covenants that would prevent the use or development of the land; and

3. All relevant authorities (e.g., council, water, electricity, sewer) have approved the subdivision and any required agreements (e.g., Section 173 agreements or restrictions) have been properly executed.

⚠️ Risks and Considerations

• Permit Validity: The building permit only applies if the land is ultimately registered in the form shown in the application. If there are changes to the subdivision, the permit may be invalidated.

• Title Dependency: Occupancy Permits and Certificates of Final Inspection cannot be issued until the certificate of title is registered and available for the relevant lot.

• Lender and Contractual Constraints: Many financiers and building contracts require that title be registered before construction commences.

🏗️ Practical Use Cases

This approach is occasionally used by volume builders or developers looking to fast-track the construction timeline for display homes, presales, or to align construction commencement with settlement dates. However, it should only be undertaken with:

• Clear legal advice

• Full cooperation from the developer

• Approval from a registered building surveyor who is comfortable issuing the permit on this basis

📞 Need Guidance on Early Permit Approvals?

If you’re considering applying for a building permit prior to subdivision registration, our team can review your proposal, assess its eligibility, and help you mitigate risks.

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

We can guide you through the subdivision and building permit interface with clarity and compliance.

No. Under Victorian legislation, a building permit must not be issued if the proposed building work is inconsistent with an active planning permit or planning scheme controls. The Building Act 1993 and Building Regulations 2018 require the Relevant Building Surveyor (RBS) to ensure that building documentation is consistent with the planning approval before granting a permit.

⚖️ Why Consistency Matters

When a planning permit has been issued, it typically includes:

• Endorsed plans that must be adhered to

• Conditions that influence the building’s location, height, use, or appearance

• Requirements relating to setbacks, overlooking, site coverage, materials, or environmental overlays

If your building permit application conflicts with any of these conditions or documents, the RBS must not issue a permit until the inconsistency is resolved.

⚠️ Common Inconsistencies That Trigger Refusal

• Building layout or footprint differs from endorsed planning drawings

• Increased building height not allowed under the planning permit

• Setbacks, fencing, or materials vary from the approved conditions

• Planning overlays (e.g. BMO, heritage) not properly addressed in the building design

• Failure to comply with Section 173 Agreements or landscape plans

🔄 What If There’s an Inconsistency?

You have two options:

1. Amend the Planning Permit: Apply to the responsible authority (usually the local council) to vary the planning permit or endorsed plans.

2. Revise Building Documents: Adjust your building design and documentation to match the approved planning permit.

✅ Need Help Resolving Inconsistencies?

If your project is stalled due to a planning/building inconsistency, our team can:

• Review both your planning permit and building documentation

• Identify areas of non-compliance

• Assist in preparing amendments or revised plans to satisfy both authorities

📞 Phone: 0405 956 655 📧 Email: compliance@victorianbuildingsurveyors.com.au

We can help you get back on track and ensure your building permit application is compliant and ready for approval.

The role of a Building Surveyor in Victoria is defined under Part 6 of the Building Act 1993 and recognised in the National Construction Code (NCC) as an Appropriate Authority. A Building Surveyor plays a vital statutory role in assessing and certifying building work to ensure compliance with relevant legislation, codes, and standards.

🔍 Statutory Responsibilities of a Building Surveyor

A Building Surveyor—whether operating as a Relevant Building Surveyor (RBS) or a Municipal Building Surveyor (MBS)—is authorised to perform the following key functions:

1. Issuing Building Permits

   • Assess proposed designs and documentation for compliance with the Building Act 1993, Building Regulations 2018, and the National Construction Code (NCC)

   • Grant approval for construction to commence

1. Carrying Out Mandatory Inspections

   • Conduct inspections at various stages of construction to ensure works align with the approved building permit and comply with all relevant regulations

1. Issuing Occupancy Permits or Certificates of Final Inspection

   • Upon satisfactory completion of construction, certify that a building is safe and suitable for occupation or use

1. Determining Compliance with Performance Requirements

   • As an Appropriate Authority, the Building Surveyor has the power to determine whether a method of construction satisfies the relevant Performance Requirements of the NCC, particularly when using Performance Solutions instead of Deemed-to-Satisfy provisions

⚠️ Important Distinction: Surveyor vs. Design Professionals

It is important to note that the role of a Building Surveyor appointed for a building permit is not the same as that of an appropriately qualified person, such as a structural engineer, mechanical engineer, or architect.

• The Building Surveyor does not create or provide evidence of suitability

• They rely on expert reports, certifications, and documentation from qualified practitioners as part of the Documentation of Design and Construction (as detailed in Part A5 of the NCC)

• The surveyor's role is to assess the adequacy and sufficiency of that evidence when determining compliance

🏛️ Independence and Regulatory Compliance

Building Surveyors are bound by law to act independently and impartially in the public interest. They must not have a financial interest in the building work and are subject to regulation and discipline by the Victorian Building Authority (VBA).

📞 Need Assistance from a Registered Building Surveyor?

We provide comprehensive building surveying services across Victoria, including:

• Building permit assessments

• Statutory inspections

• Performance Solution evaluations

• Occupancy certifications

• Expert guidance on code compliance

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help ensure your building project is compliant, efficient, and legally sound.

In Victoria, certain mandatory building inspections must be carried out during construction to ensure compliance with the Building Act 1993, Building Regulations 2018, and the Building Permit. These inspections are conducted by the Relevant Building Surveyor (RBS) or their appointed inspector and are essential to verify that each critical stage of construction meets safety and regulatory standards.

🔍 Purpose of Mandatory Inspections

Mandatory inspections are required to:

• Confirm compliance with the approved building permit and documentation

• Identify and rectify defects or non-compliant work before the next stage proceeds

• Ensure the structure is safe and fit for purpose

🧱 Typical Mandatory Inspection Stages

The specific inspections required are listed in your building permit and will vary depending on the type of construction. However, the most common mandatory inspections include:

1. Foundation (Footing) Inspection

• Before concrete is poured into footings

• Checks excavation size, depth, reinforcement, and site conditions

2. Slab or Sub-Floor Inspection

• Before concrete slab is poured or sub-floor framing is enclosed

• Verifies moisture barriers, reinforcement, termite protection, and structural integrity

3. Framing Inspection

• After wall and roof framing is complete but before linings (e.g. plasterboard) are installed

• Ensures framing complies with approved plans, spans, tie-downs, bracing, and structural connections

4. Final Inspection

• Conducted at the completion of all building works

• Confirms that the building is safe, habitable, and complies with all aspects of the building permit

📝 Occupancy Permit or Certificate of Final Inspection

Once all mandatory inspections are successfully completed:

• A Certificate of Final Inspection (for alterations or extensions), or

• An Occupancy Permit (for new buildings) will be issued by the RBS, allowing lawful use and/or occupation of the building.

⚠️ Failing to Book Inspections

Failure to call for a mandatory inspection can lead to:

• A Building Notice or Order from council

• Refusal to issue an occupancy permit

• Penalties under the Building Act

• Issues with insurance or future property sales

📞 Need Help Managing Your Mandatory Inspections?

We assist owners, builders, and developers across Victoria with:

• Scheduling and conducting mandatory inspections

• Resolving inspection issues and rectification

• Issuing occupancy permits and compliance certification

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help you meet your compliance obligations and keep your construction project on track.

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Time Limits for Building Work Under a Building Permit (Victoria)

In Victoria, all building work carried out under a building permit is subject to strict time limits, as set out in the Building Act 1993 and the Building Regulations 2018. These timeframes ensure construction starts and finishes within a reasonable period and remains compliant with regulatory standards.

⏳ 1. Commencement of Work

You must commence building work within 12 months from the date the building permit is issued.

• If work does not commence within this timeframe, the permit automatically lapses.

• You may apply for an extension of time from the Relevant Building Surveyor (RBS) before the permit expires.

🏗️ 2. Completion of Work

Once building work has commenced, it must be completed within:

• 24 months from the date the building permit was issued (for most residential and commercial building types)

• 6 months for swimming pools and pool barriers (as specified in the building permit conditions)

🔁 Extensions of Time

If you're unable to commence or complete the work within the permit's timeframe, you may apply to the RBS for an extension. The request must:

• Be submitted in writing, and

• Be made before the permit lapses

The RBS may request:

• A written explanation for the delay

• A revised project timeline

• Updated documentation or re-inspections, depending on the progress of work

⚠️ Consequences of a Lapsed Building Permit

If your building permit lapses:

• You may need to apply for a new permit

• Any completed work may require re-inspection or re-certification

• Additional fees, documentation, or design modifications may be required to comply with updated building codes and regulations

📞 Need Help Managing Permit Deadlines or Extensions?

We can assist with:

• Checking your building permit’s expiry status

• Preparing and submitting extension requests

• Revalidating previously completed building work

• Liaising with your council and building surveyor to ensure legal compliance

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help keep your building project compliant, efficient, and on track.

What Is the Effect of an Occupancy Permit in Victoria?

An Occupancy Permit is a legal document issued by the Relevant Building Surveyor (RBS) under Section 46 of the Building Act 1993. It signifies that a building (or part of a building) is suitable for occupation or use.

It is not a certification that all construction has been completed exactly as per the plans or without minor defects—it simply authorises occupation based on compliance with the Building Permit, the National Construction Code (NCC), and relevant building regulations.

🏢 Key Effects of an Occupancy Permit

✅ Authorises Legal Occupation or Use

• You cannot occupy or use a new Class 1 (residential house), Class 2–9 (apartment, commercial, industrial, or public) building without an Occupancy Permit (unless exempt).

• Occupying a building without a valid permit is a breach of the Building Act and may result in enforcement action or fines.

🛡️ Confirms Compliance at Completion

• Confirms that the building is suitable for occupation or use.

• Includes verification of critical elements such as:

  • Fire safety measures

  • Sanitary and egress facilities

  • Accessibility provisions (where applicable)

📋 Includes Specific Conditions and Limitations

• An Occupancy Permit may specify:

  • Permitted use of the building

  • Maximum number of occupants

  • Required essential safety measures (e.g. fire alarms, exit signs)

  • Any staged occupation where parts of the building may be used before final completion

🏗️ May Be Issued for Partial Occupation

• In some cases, a Partial Occupancy Permit can be granted for staged developments, allowing use of one portion of a building while other sections are still under construction.

❗ Important Notes

• An Occupancy Permit is not evidence of full contractual completion or that the building is entirely defect-free. It is not a warranty.

• The permit is based on the information and inspections available at the time, and assumes that no unreported or hidden non-compliant works exist.

• For Class 1a dwellings (single homes or townhouses), a Certificate of Final Inspection (CFI) may be issued instead of an Occupancy Permit where applicable.

📞 Need Help Obtaining or Understanding an Occupancy Permit?

We assist clients with:

• Final inspections and permit preparation

• Resolving issues that may delay issuance

• Liaising with councils and building surveyors

• Interpreting the conditions of your Occupancy Permit

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help ensure your building is ready for safe, legal occupation.

In Victoria, certain building proposals may require report and consent from external authorities before a building permit can be issued. This process allows relevant referral authorities—such as local councils, water boards, or the CFA—to assess specific design elements that may impact public safety, infrastructure, or local amenity.

The requirements are governed by the Building Act 1993 and Part 4 of the Building Regulations 2018.

🏛️ What Is Report and Consent?

Report and Consent is a statutory approval granted by a designated authority (e.g. council’s planning, engineering, or drainage departments) when a proposed building design:

• Varies from prescribed building regulations, or

• Impacts infrastructure, environmental, or safety zones

The consent ensures the design is appropriate, despite the proposed variation.

🔍 Common Situations That Require Report and Consent

You may need to obtain report and consent before a building permit is issued for the following:

1. Siting and Building Design Matters (Regulations 73–96)

From your local council when proposing:

• Reduced front, side, or rear setbacks

• Increased site coverage or building height

• Non-compliant overshadowing or overlooking impacts

• Construction over easements

• Building within proximity of a flood-prone or bushfire-prone area

2. Proximity to Infrastructure or Public Land

From relevant authorities when:

• Building near sewers, drains, or water mains (e.g. from a water authority like Yarra Valley Water)

• Building adjacent to a main road or public land (e.g. Department of Transport, VicRoads)

3. Fire Safety in Designated Bushfire Areas

From the Country Fire Authority (CFA) when:

• Constructing in Bushfire Management Overlay (BMO) zones

• Required to meet defendable space and access conditions

4. Non-Standard Building Classifications

From authorities such as:

• Energy Safe Victoria, WorkSafe, or airport authorities, depending on the site location or building function (e.g. buildings near high-voltage lines or in airport overlay zones)

📝 How the Process Works

1. Identify the required reports and consents (your building surveyor or designer can assist)

2. Submit documentation to the relevant authority, including site plans, justification for the variation, and supporting reports (e.g. engineering or planning assessments)

3. The authority will issue:

   • A report (comments or conditions), and/or

   • Consent (approval to vary the regulation)

📞 Need Help Navigating the Report and Consent Process?

We assist clients with:

• Identifying when report and consent is required

• Preparing and lodging documentation to councils and referral authorities

• Liaising with building surveyors to ensure timely approval

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us streamline the compliance process and help you avoid unnecessary permit delays.

In Victoria, builders are regulated under the Building Act 1993 and must be registered with the Victorian Building Authority (VBA) to carry out building work on most residential and commercial projects. Builders must operate within the scope of their registration class, and their work is subject to strict compliance with the National Construction Code (NCC), relevant Australian Standards, and all applicable permits and approvals.

🧱 1. Builder Registration Categories and Classes

The VBA registers builders in different classes of building work, each with defined authorities and limitations. Some common classes include:

• Domestic Builder – Unlimited (DB-U) Can carry out, manage, and arrange all components of domestic (residential) building work.

• Domestic Builder – Limited (DB-L) Limited to specific types of work such as carpentry, waterproofing, bathroom renovations, re-stumping, etc.

• Commercial Builder – Limited or Unlimited Authorised to carry out or manage work on Class 2–9 buildings (apartments, commercial, industrial), subject to their registration limits.

• Project Manager (Domestic or Commercial) May manage building work but cannot physically carry it out without additional registration.

⚠️ 2. Limitations on What Builders Can Do

Builders must only undertake work they are registered and insured to perform. Key limitations include:

• 🚫 Cannot perform structural work unless registered appropriately e.g., a DB-L (waterproofing) cannot undertake framing or slab work

• 🚫 Cannot carry out plumbing or electrical work unless separately licensed These trades require separate VBA or Energy Safe Victoria registration

• 🚫 Must not exceed contract value thresholds without proper insurance Builders performing domestic building work over $16,000 must have Domestic Building Insurance (DBI)

• 🚫 Must not act outside permit conditions or approved documentation Deviations from approved plans require re-approval or permit amendments

📝 3. Obligations Under Building Contracts

Registered builders must:

• Provide a major domestic building contract for residential work over $10,000

• Adhere to timelines, quality standards, and contractual obligations

• Not demand deposits greater than 5% (for contracts over $20,000)

• Give the client a copy of the Consumer Affairs Victoria checklist and approved plans

🧰 4. Specifications and Standards for Workmanship

Builders must ensure that all work complies with:

• The National Construction Code (NCC) – Volume 1 or 2

• Australian Standards referenced in the NCC (e.g. AS 1684 for timber framing)

• The conditions of the building permit

• Applicable energy efficiency, accessibility, and fire safety requirements

💼 5. Builder Supervision and Responsibility

The builder is legally responsible for:

• Supervising all subcontractors and trades under their scope of work

• Ensuring compliance at each construction stage

• Rectifying defective or non-compliant work

• Assisting the Relevant Building Surveyor during inspections

📞 Need Guidance on Builder Compliance or Licensing Issues?

We help clients:

• Verify builder registration classes

• Understand their builder’s responsibilities and limits

• Resolve disputes involving defective or unauthorised work

• Navigate permit and inspection processes

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help ensure your builder is operating within legal limits—and that your project stays compliant and protected.

In Victoria, a demolition permit is required before any demolition work can begin, as regulated under the Building Act 1993 and Building Regulations 2018. This permit ensures that demolition is carried out safely, lawfully, and with due regard to the structural, environmental, and heritage implications of the work.

A Relevant Building Surveyor (RBS) must issue the demolition permit after reviewing all relevant documentation and approvals.

🏗️ When Is a Demolition Permit Required?

A demolition permit is required for:

• Demolishing the whole or part of a building or structure, including:

  • Houses, commercial buildings, garages, sheds, or verandahs

  • Load-bearing internal walls (depending on extent and structural impact)

• Any building work involving structural removal, alteration, or reduction of the footprint or essential structure

📋 Key Requirements for a Demolition Permit

To apply for a demolition permit, the following documentation is typically required:

✅ 1. Application Form and Report and Consent Required Under Section 29A

• Completed building permit application (Form 1)

• You must obtain report and consent from the responsible planning authority under the Planning and Environment Act 1987 if:

Cumulative demolition over the past 3 years amounts to more than 50% of the volume of the building, based on:

• The total volume demolished under current and previous building permits within that 3-year period, compared to

• The original volume of the building at the time of the first demolition permit issued during that period, OR

The demolition involves any part of the façade of a building, where "façade" is defined as:

• Any external wall, verandah, balcony, balustrade, or architectural feature that is attached to or forms part of the external wall

• A part of the roof

• A chimney …provided it faces a street and is visible from that street.

✅ 2. Title and Site Documentation

• A copy of the Certificate of Title

• A site plan indicating:

  • The building to be demolished

  • Any buildings to remain

  • Distances to boundaries and adjoining structures

✅ 3. Asset Protection Consent (if required)

• Consent from the local council to protect public infrastructure (e.g. footpaths, roads, kerbs)

✅ 4. Disconnection Certificates

• Confirmation of disconnection from all essential services:

  • Electricity (from the distributor, not just the retailer)

  • Water and sewerage (from the relevant water authority)

  • Gas

  • Telecommunications

✅ 5. Demolition Method Statement

• A construction management plan or demolition method detailing:

  • Site access

  • Waste removal and recycling

  • Dust and noise control

  • Public safety measures

✅ 6. Engineer’s Report (if applicable)

• Required when demolishing a part of a building, especially shared walls or buildings on boundaries, to ensure structural stability of adjoining structures

✅ 7. Heritage or Planning Approval (if applicable)

• Heritage overlay or planning permit consent may be required from council for heritage-listed or protected properties

⚠️ Who Can Undertake Demolition Work?

Demolition work must be carried out by:

• A registered demolisher, or

• A licensed builder appropriately registered with the Victorian Building Authority (VBA) for demolition work

🔒 Important Legal Obligations

• It is illegal to commence demolition without a valid permit

• Failure to comply may result in:

  • Building Notices or Orders

  • Fines up to $92,460 (individuals) or $462,300 (companies)

  • Liability for damage to adjoining property or public assets

📞 Need Assistance with a Demolition Permit?

We can assist you with:

• Assessing if a demolition permit is required

• Preparing and lodging your application

• Coordinating required documentation and consents

• Ensuring compliance with council, planning, and safety requirements

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help you ensure your demolition is safe, compliant, and hassle-free.

Energy efficiency is a core requirement of the National Construction Code (NCC) and plays a critical role in improving comfort, reducing greenhouse gas emissions, and lowering long-term energy costs for building owners. In Victoria, all new building work and relevant alterations must meet minimum energy efficiency standards as set out in the Building Regulations 2018 and the NCC Volume One (for Class 2–9 buildings) and Volume Two (for Class 1 and 10 buildings).

🔍 When Are Energy Efficiency Requirements Applicable?

Energy efficiency requirements apply to:

• New homes and residential buildings (Class 1 and 2)

• Commercial buildings (Class 3 to 9)

• Major alterations or additions to existing buildings that affect the building envelope or building services (e.g. re-cladding, window replacement, HVAC upgrades)

🏠 Residential Buildings (Class 1 and 2)

As of NCC 2022 (adopted progressively in Victoria), new residential buildings must generally meet the following requirements:

✅ 1. Minimum Star Rating

• Achieve a minimum 7-star NatHERS energy rating for thermal performance (previously 6 stars)

• Assessed using approved software such as FirstRate5, AccuRate, or BERS Pro

✅ 2. Whole-of-Home Energy Assessment

• Demonstrates that heating, cooling, lighting, hot water, and appliances are energy efficient

• Must meet annual energy use budget based on NCC performance criteria

✅ 3. Building Envelope Compliance

• Appropriate insulation to walls, roofs, floors

• High-performance glazing (double glazing or low-e glass where required)

• Airtight construction practices and sealing of penetrations

✅ 4. Building Services and Lighting

• Energy-efficient heating and cooling systems

• Use of LED lighting and efficient hot water systems

• Energy-efficient ventilation and exhaust systems (e.g. in bathrooms, laundries)

🏢 Commercial Buildings (Class 3 to 9)

NCC Volume One outlines energy efficiency requirements for commercial buildings including:

✅ Section J Compliance

• Minimum insulation levels for roofs, walls, and glazing

• Energy-efficient lighting, including controls and daylight sensors

• Heating, ventilation, and air conditioning (HVAC) systems to meet efficiency benchmarks

• Verification through JV3 modelling (Performance Solution) or Deemed-to-Satisfy provisions

✅ Section J Report

• A Section J compliance report may be required at building permit stage and for occupancy certification, especially for office, retail, or public-use buildings

⚠️ Who Is Responsible for Ensuring Compliance?

• Designers and architects must incorporate energy efficiency measures into the design

• Energy assessors must prepare and certify NatHERS reports or Section J reports

• Builders must follow construction methods that maintain thermal integrity

• Building surveyors verify compliance before issuing a building permit and final certification

📞 Need Help Meeting Energy Efficiency Requirements?

We assist homeowners, builders, and developers with building permit documentation and compliance certification.

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help you achieve compliance—and create buildings that are energy smart, comfortable, and future-ready.

Evidence of Suitability is a term used in the National Construction Code (NCC) to describe the documentation or information required to demonstrate that a building material, product, system, or method of construction complies with the relevant Performance Requirements of the NCC.

It ensures that materials and building solutions used in a construction project are fit for purpose, meet the minimum safety and performance standards, and are legally accepted by the Relevant Building Surveyor (RBS) when issuing a building permit.

📜 Where Is It Defined?

Evidence of Suitability is outlined in Part A5 of the NCC (both Volume One and Two), titled "Documentation of Design and Construction". It provides guidance on the types of documentation that may be used to verify compliance with either:

• Deemed-to-Satisfy (DtS) provisions, or

• Performance Solutions

🧾 Acceptable Forms of Evidence of Suitability

According to A5.2 of the NCC, the following are recognised as valid forms of evidence:

1. ✅ CodeMark Certificate of Conformity

   • Nationally recognised third-party certification under the ABCB scheme

1. ✅ Certificate of Accreditation

   • Issued by a State or Territory authority to confirm compliance for specific products or systems

1. ✅ Certificate from a Registered Practitioner

   • For example, a Certificate of Compliance – s.238(1)(a) or (b) under the Building Act 1993 (Vic) from a:

     • Structural engineer

     • Fire safety engineer

     • Building surveyor

• Confirms that the design or construction meets the NCC requirements

1. ✅ Test Reports or Assessments

   • Results from NATA-accredited laboratories or other recognised assessment bodies

1. ✅ Standards Marking or Product Labelling

   • Evidence that a product is manufactured to an Australian Standard (e.g., AS/NZS 3500 for plumbing)

1. ✅ Other Documentary Evidence

   • Manufacturer technical specifications, product data sheets, or calculations—if accepted by the building surveyor as adequate

⚠️ Important Notes

• The builder or designer is responsible for providing appropriate evidence of suitability for materials and systems used

• The RBS must assess and accept the evidence as valid before issuing or finalising a building permit

• Incomplete or invalid evidence may lead to delays, rejection of permits, or non-compliance notices

📞 Need Help Preparing or Reviewing Evidence of Suitability?

We assist with:

• Reviewing NCC compliance pathways (DtS or Performance Solutions)

• Preparing building surveying certificates and compliance statements

• Liaising with building surveyors to ensure your documentation is acceptable

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help you meet compliance obligations and keep your project moving forward with confidence.

The Victorian Building Authority published the following practice note and minister's guideline about the relevant requirements for siting specified on Building Regulation 2018.

n Victoria, siting requirements regulate the position and design of a single dwelling (Class 1a building) on a lot to ensure the amenity, privacy, and safety of neighbouring properties. These requirements are set out in Part 5 of the Building Regulations 2018, and are commonly referred to as ResCode provisions when integrated into local planning schemes.

These rules apply when a planning permit is not required, and the building proposal is assessed solely under the building regulations. If a planning permit applies, the council’s planning controls may override or supplement the siting provisions.

📐 Key Siting Requirements for a Single Dwelling

1. 🏠 Street Setbacks (Regulation 73)

2. 📏 Building Height (Regulation 74)

3. 🔁 Site Coverage (Regulation 75)

4. 🌿 Permeability (Regulation 76)

5. 🚪 Car Parking (Regulation 77)

6. 🧱 Side and Rear Setbacks (Regulation 79)

7. 🧱 Walls on Boundaries (Regulation 80)

8. ☀️ Daylight to Existing Habitable Room Windows (Regulation 81)

9. 🌞 Overshadowing Open Space (Regulation 82)

10. 👀 Overlooking (Regulation 84)

📋 Report and Consent for Variations

If your proposal does not comply with one or more siting regulations, you may apply for report and consent from the local council’s building department. This is not automatic and must demonstrate that the variation:

• Will not unreasonably impact neighbouring amenity

• Complies with the objectives of the siting regulation

• Is supported by affected adjoining property owners (in some cases)

📞 Need Help With Siting Compliance or Variations?

We assist clients with:

• Assessing siting compliance under Part 5

• Preparing report and consent applications

• Liaising with councils and surveyors

• Designing compliant layouts for single dwellings

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help you design and build with confidence—while meeting all regulatory and planning obligations.

A Small Second Dwelling (sometimes called a granny flat, dependent person's unit, or secondary dwelling) is a self-contained residential building constructed on the same lot as an existing dwelling. It is designed to provide independent living for a single person or small household, typically a family member or tenant.

As of December 2023, Victoria has adopted state-wide planning reforms to make it easier to build Small Second Dwellings in residential zones without requiring a planning permit, provided certain criteria are met.

🏠 Key Features of a Small Second Dwelling

To qualify as a Small Second Dwelling under the planning exemption, it must:

• Be no larger than 60m² in total floor area

• Be located on the same lot as a lawful existing dwelling

• Be used for residential accommodation

• Not be subdivided (i.e., must remain on the same title as the main dwelling)

🏗️ Does a Small Second Dwelling Need to Meet Building Regulations?

Yes. Like any other residential building, a Small Second Dwelling must comply with:

✅ 1. Building Permit Requirements

A building permit is required prior to construction. The application must be assessed by a Relevant Building Surveyor (RBS) and must include:

• Certified design documentation (plans, elevations, sections)

• Energy efficiency report (NatHERS or DTS assessment)

• Structural engineering (if applicable)

• Soil report and site classification

✅ 2. National Construction Code (NCC) Compliance

The structure must comply with all relevant NCC requirements for Class 1a buildings, including:

• Fire separation (if near or attached to another structure)

• Structural adequacy

• Energy efficiency (7-star rating under NCC 2022)

• Health and amenity provisions (e.g., minimum ceiling heights, ventilation, sanitary facilities)

• Safe access and egress

✅ 3. Siting and Part 5 Regulations

The dwelling must comply with the siting requirements under Part 5 of the Building Regulations 2018, including:

• Minimum setbacks from boundaries

• Site coverage and permeability

• Overshadowing and overlooking controls

• Private open space allocation

⚠️ Other Considerations

• Separate utility connections (electricity, water, sewerage) may be required depending on the servicing authority

• Bushfire or flood overlays may require additional design considerations

• Development contributions or infrastructure levies may apply in some council areas

📞 Need Help With Your Small Second Dwelling?

We assist clients with:

• Building permit applications

• Design and NCC compliance

• Energy assessments and reports

• Report and Consent applications (if needed)

• Coordinating with building surveyors and local authorities

Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au

Let us help you navigate the regulations and deliver your small second dwelling legally, efficiently, and with peace of mind.