VIC – HENDRY Building Surveyors have noticed that for all sorts of reasons building owners find they are unable to comply with the Essential Safety Measures provisions of the Building Regulations 2006. A number of building owners, property managers and occupiers do not appear to be aware of the penalties that can apply for non compliance with the essential safety measure provisions contained in Part 12 Building Regulations 2006. Essential safety measures are nominated by a building surveyor in a determination/ schedule.

We provide in this article a brief overview of the applicable offences under the various regulations in the Building Regulations 2006.

Infringement Notice

Part 17 – Infringement Notices in the regulations provides for an authority to issue a building infringement notice, an extract of Part 17 of the Building Regulations 2006 follows:

Part 17—Infringement Notices

1701   Application

This Part applies to all buildings and places of public entertainment whenever constructed.

1702   Authorised officers

The office or class of officers for the purposes of the definition of authorised officer in section 254 of the Act are—

(a)  the Commissioner, for offences against regulations 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218; and

(b)  the chief officer, for offences against regulations 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218; and

(c)  the municipal building surveyor, for offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218.

1703   Prescribed offences

The prescribed offences for the purposes of the definition of prescribed offence in section 254 of the Act are, offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218.

The authorised officer under the Building Regulations 2006 empowered to inspect the essential safety measures in a building and to issue an infringement notice is the Victorian Building Authority, municipal building surveyor (local council) or the chief officer (MFB or CFA).

It can be seen from regulations 1702 and 1703 above that the three authorised officers have significant input into ensuring that the various regulations in Part 12 of the Building Regulations 2006 are complied with by building owners and occupiers.

What Building Owners, Agents and Occupiers Fail To Do

An infringement notice under the building regulations applies across the board for a range of non-compliant issues, essential safety measures regulations are:

  • 1205    Building owner fails to comply with the maintenance determination
  • 1207    Building owner fails to make a maintenance schedule or determination available for inspection
  • 1208    Building owner fails to prepare the Annual Essential Safety Measures Report (AESMR) before the anniversary date each year
  • 1211    Building owner fails to provide on the premises the AESMR and all essential safety measures logbooks when requested
  • 1214, 1216 and 1217 are similar to above and relate to buildings constructed before July 1994
  • 1218    Building owner and/ or occupier fails to ensure that exits and paths of travel to an exit are maintained in a condition that ensures safe passage.

Building owners and property managers must be aware of the above offences under the Building Regulations 2006 and ensure adequate inspection, recording, maintenance and verification systems are in place.

Building Legislation Table

Refer to our Building Legislation table for further information on the building regulations process including the Certificate of Occupancy.

Fire Safety Compliance: Essential Safety Measures

Refer to our Essential Safety Measures Identification table for further information on individual Essential Safety Measures including the Annual Statement.

Further Advice

For building surveying consultancy advice, please contact your closest HENDRY office by clicking here.