VIC – Hendry advises that the Building Regulations 2006 in Regulation 502 provides a significant design advantage for a building owner where the ownership of two or more contiguous (adjoining) allotments are in the same name (ownership). Significant cost savings can be made by requesting the building surveyor to invoke Regulation 502 – Combined allotments, thus not invoking full compliance with all the provisions of the Building Code of Australia.
Building Regulations 2006 – Regulation 502 – Combined Allotments
Regulation 502 States:
502. Combined allotments
(1) The municipal building surveyor may by statement in writing determine that two or more contiguous allotments or an allotment and adjoining land can be treated as one allotment for the purposes of these Regulations.
(2) In deciding whether to issue a statement under subregulation (1) the municipal building surveyor must take into account –
(a) the structural adequacy of any building to which the statement applies; and
(b) the requirements necessary to make reasonable provision for –
(i) the amenity of any building and the safety and health of people using any building to which the statement applies; and
(ii) avoiding the spread of fire to or from any adjoining building.
(3) Land to which a statement under subregulation applies is deemed to be an allotment for the purposes of these Regulations.
(4) The municipal building surveyor may revoke a statement under subregulation if there is a change of circumstances that would significantly affect any of the matters referred to in subregulation (2).
(5) A private building surveyor may exercise the powers of the municipal building surveyor under subregulations (1), (2) and (4) in the case of building work for which the private building surveyor has been appointed to issue a building permit.
Regulation 501 states that ‘this division apples to all buildings whenever constructed’. This indicates that Division 1 applies to any existing buildings as well as to proposed new building work.
Regulation 502 provides that where two or more adjourning allotments are in the one ownership but have not been consolidated into the one allotment for the purposes of these Regulations they may be treated as one allotment. This obviates the need to be concerned for example with fire source features on the adjoining allotment boundaries.
Two or more contiguous allotments should only be treated as one allotment if the owners of the lots involved will be members of the same body corporate, which must be created or provided for by the sub-division plan.
Note that with the Building Regulations 2006 the private building surveyor may only administer this regulation in cases where there is building work proposed to be carried out. If there is no building work, then only the municipalbuilding surveyor may administer this regulation.