VIC Hendry advises Section 10 of the Building Act 1993 contains a provision that allows the building design or building work that is underway not to be forced to comply with newly enacted building regulation changes. This document explains how Section 10 of the Building Act 1993 can be utilised.
Where a building permit for a project existed prior to a change in building regulations, that project can continue to completion in accordance with the previous building regulations regardless of the change in building regulations. Additionally;
- A new regulation need not apply to a design if the relevant building survey is satisfied that substantial progress was made on the design before the new regulation commenced. The building surveyor must certify this in writing
- If any Building Appeals Board Determinations were obtained prior to the change in the building regulations, then such determinations will continue to have effect until the completion of the project
- If any Building Appeals Board Determinations are applied for after a change in the building regulations, the determinations may be obtained under the building regulations operation before the change
- An owner or applicant can opt to take advantage of a new building regulation, if the relevant building surveyor also agrees to the proposed change.
In essence, most situations arise when a regulation change occurs during the design process and that change can have a material impact on the development. Section 10 of the Act can be used when substantial progress has been made to ensure a new regulation does not need to apply to the design.