Building Act 1993

The Building Act 1993 (the Act) governs building activity in Victoria. It sets out the legislative framework for the regulation of building construction, building standards and the maintenance of specific building safety features.

The objectives of the Act are to:

protect the safety and health of people who use buildings and places of public entertainment; and

enhance the amenity of buildings.

Building Regulations

The Building Regulations 2018 came into operation on 2 June 2018, replacing the Building Regulations 2006 and Building Interim Regulations 2017. Significant amendments have been made to update references to legislation, planning schemes, government departments, the National Construction Code and Australian Standards, and to reflect current drafting practice.

The Government has commenced a program of reforms to the building system, including amendments to the Building Act 1993, to put in place a strengthened regulatory framework to improve enforcement and domestic building consumer protection.

The Building Regulations 2018 (the Regulations) are derived from the Building Act and contain, among other things, the requirements relating to:

building permits

building inspections

occupancy permits

enforcement of the Regulations

maintenance of buildings.

The Regulations adopt the Building Code of Australia as a technical reference that must be complied with.

New regulations or amendments to current regulations can be made according to the requirements of the Subordinate Legislation Act 1994. That Act sets out requirements for the preparation, making and publication of new or amending regulations and requirements for a regulatory impact statement.

Plumbing Regulations

qualification and experience eligibility requirements for registration and licensing

the fees payable for registration and licensing applications; and

the technical requirements that work performed in specified classes of plumbing must comply with.

National Construction Code

The National Construction Code (NCC) incorporates all on-site construction requirements into a single code. The NCC comprises the Building Code of Australia (BCA), Volume One and Two; and the Plumbing Code of Australia (PCA), as Volume Three.

Volume One: pertains primarily to Class 2 to 9 buildings.

Volume Two: pertains primarily to Class 1 and 10 buildings.

Volume Three: pertains primarily to plumbing and drainage associated with all classes of buildings.

Building Code of Australia and Plumbing Code of Australia Amendments

Please visit the VBA Seminar Series pages to find information on amendments to the Building Code of Australia relevant to building, and amendments to the Plumbing Code of Australia relevant to plumbing practitioners.

Building Code of Australia

The Building Code of Australia (BCA) is produced and maintained by the Australian Building Codes Board (ABCB), which is an initiative of the Council of Australia Governments.

The BCA provides a uniform set of technical provisions for the design and construction of buildings and other structures.

The BCA is performance-based and allows for state variations to provide additional requirements or cater for specific community expectations. This means it defines the way of achieving a specified outcome without prescribing a particular method.

Plumbing Code of Australia

The Plumbing Code of Australia (PCA), forming Volume 3 of the NCC, is administered and maintained by the Australian Building Code Board (ABCB). The ABCB is a joint initiative of Federal, state and local governments and reports to state, territory and Commonwealth building ministers. In Victoria, this is the Minister for Planning.

The PCA contains the technical provisions for the design, construction, installation, deemed to satisfy method for a particular plumbing installation, or where a plumbing practitioner wants to use an innovative approach to an installation. A Performance Solution may be used for any installation, and must be developed prior to the work being carried out.

How to develop a performance solution

Plumbing practitioners intending to use a performance solution for their plumbing installation need to be aware of the process and requirements for this method.

For a high level summary of how to develop a performance solution, view this video.

The recent withdrawal of nine Certificates of Conformity issued under the CodeMark Scheme has again highlighted the need for practitioners to take due care when accepting Certificates as evidence of suitability. While practitioners are entitled to accept or rely on a Certificate as evidence of suitability, they need to carefully review each Certificate to ascertain its current validity.

The Victorian Building Authority (VBA) welcomes the decision of Vice President Judge Woodward of the Victorian Civil and Administrative Tribunal (VCAT) in the proceedings brought by the owners of the Lacrosse building against LU Simon Builders Pty Ltd and others.