VIC – HENDRY building surveyors advise that the Building Act 1993 contains provisions that allow for new building regulations applicable to building works to be dispensated in certain situations. A series of answers to questions best explains Section 10 Application of new building regulations to building work, under Part 2 – Building Standards.

Building owners and designers should consider the following if new building regulations (Building Code of Australia amendments) are likely to affect their design.

  • Where a building permit for a project was issued prior to a change in building regulations, that project can continue to completion in accordance with the “old” building regulations regardless of the change in building regulations.

Building Act 1993

  • If any Building Appeals 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 applicant who obtained a building permit before a change in the building regulations wishes to take advantage of the new building regulation he can do so if the relevant building surveyor agrees to the proposed change.
  • Where an applicant can apply for a building approval under the old building regulations even though the new building regulations are already in operation. They may only do this if the relevant building surveyor is satisfied and so certifies that substantial progress had already been made on the design prior to the change in building regulations.

Building Legislation Table

Refer to our Building Legislation table for further information on the building surveying process and the occupancy permit.