Building Legislation : Occupational Health and Safety Legislation

A building owner, occupier or owners agent for a building inherits obligations under the Victorian Building Legislation, Building Code of Australia and Occupational Health and Safety legislation to ensure building works, alterations, occupation of a building and the inspection, testing and maintenance of nominated essential safety measures are complied with as required.

The following table provide the reader with a comprehensive overview of the legislation for the building control process, essential safety measures documents and Occupational Health and Safety.

Building Legislation

Acts RegulationsDefinition Essential Safety MeasuresParameters New/Old BuildingResponsibility for ComplianceMethod of Compliance
Building Act 1993Part 12 Regulations Subdivision 1 Essential Safety MeasuresSubdivision 1 New/ Alterations post July 1994Subdivision 1 OwnerAESMR to be completed by the anniversary date of the occupancy permit/ certificate of final inspection/ report in logbook records.
Building Regulations 2006Subdivision 2 Essential Safety Measures as definedSubdivision 2 Existing buildings pre July 1994Subdivision 2 OwnerAESMR to be completed by 13 June
Building Code of AustraliaPart I1 (as applicable)All building


Building Legislation Documents

Building Approval DocumentBuilding Permit
Occupational Approval DocumentOccupancy Permit
Certificate of Final Inspection
Annual Statement DocumentAnnual Essential Safety Measures Report
Enforcement NoticesBuilding Notice
Building Order
Infringement Notice
Emergency Notice
Building Order – Stop Work
Building Order – Minor Work
Building RegulationsGlossary of Definitions
Essential Safety MeasuresInspections
Australian Standards


Occupational Health and Safety Legislation

Acts RegulationsParameters New/Old BuildingResponsibility for ComplianceMethod of Compliance
Occupational Health and Safety Act 2004All encompassingSubdivision 3
Occupational Health and Safety Regulations 2007All encompassing


Occupational Health and Safety – Main Codes of Practice

ServiceCode of Practice
Emergency PlanningAS 3745-2010 – Planning for emergencies in facilities
Working at Heights
Confined SpacesWork Safe Victoria - Confined Spaces - Compliance Code - September 2008 Confined Spaces Audits
Storage & RackingPallet Racking Guidance Note - January 2009 Storage and Racking Audits
AsbestosWork Safe Victoria - Managing Asbestos in Workplaces - Compliance Code - September 2008 Asbestos Register Audits
Chemicals StorageHazardous Substances - Code of Practice - June 2008 Chemical Storage Audits
Cooling SystemsAS/NZS 3666 – Air handling and water systems of buildings
Cooling System Audits
Machinery GuardingPlant - Code of Practice - July 1995 Machinery Guarding Audits