| s.10(2) |
Power to be satisfied and to certify in writing that substantial progress was made on the design of a building before a building regulation or amendment commenced. |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.10(4) |
Power to agree with owner of building or land that a building regulation or amendment is to apply |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.17 |
Function of receiving application for a building permit |
1 Delegates
|
|
| s 17A(2) |
Duty to provide an information statement to the owner of the building or the land, within 10 working days after issuing the building permit |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Provision commences on 1 February 2024, unless proclaimed earlier |
| s.18A(2) |
Duty to provide to Development Victoria without delay notice setting out information in s 18A(2)(a) and a copy of any relevant planning permit, in certain circumstances where s 18A(1) is satisfied
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.18B(2) |
Duty to give notice of an application which satisfies s 18B(1), to the Commissioner of State Revenue
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 18D(2) |
Duty to, within 14 days after receiving an application, give to the Secretary to the Department of Environment, Land, Water and Planning a notice of the application, a copy of the application and any documents that accompany the application |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
|
| s.19 |
Duty to decide application for building permit by either issuing permit, issuing permit with conditions or refusing permit
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.21(1) |
Duty to specify in building permit whether occupancy permit is required under s 21(2) for the whole or part of the building
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.21(2) |
Duty to consider whether building work is minor or does not compromise the suitability of the building for occupation
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.23 |
Duty to notify the reporting authority of permit and give the reporting authority a copy of the permit, where issues a building permit which differs from or fails to implement the recommendations in the reporting authority's report under Schedule 2 on the application for the permit |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Does not apply to classes of buildings set out in r 281 of the Building Regulations 2018 |
| s.24(1) |
Power to issue building permit where satisfied of matters set out in s 24(1), subject to s 24A
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.24(2) |
Duty to not issue building permit that imposes on the applicant lesser or greater standards or requirements than those prescribed by this Act or building regulations, unless permitted to do so by this Act or the building regulations.
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.24(3) |
Power to issue building permit for the carrying out of building work for which notice is required to be given to Development Victoria under section 18A where the requirements of s 24(3) are met (relating to notice given to Development Victoria)
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.24(4) |
Power to issue a building permit for the carrying out of building work on land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987)where the requirements of s 24(4) are met
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 24(4A) |
Power to issue a building permit for the carrying out of building work on land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 (Vic)) where the requirements of s 24(4A) are met |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.24(5) |
Power to issue building permit in respect of building work where satisfied that any community infrastructure levy payable under Part 3B of the Planning and Environment Act 1987 has been paid to the relevant agency or an agreement has been entered for payment
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 24(6) |
Power to issue a building permit in relation to building work where satisfied by the applicant of the criteria set out in s 24(6)(a) and (b) |
1 Delegates
|
Where the municipal building surveyor is the 'relevant building surveyor'
Subject to s 269 of the Building Regulations 2018
|
| s 24(7) |
Power to issue a building permit in relation to building work where satisfied by the applicant of the criteria set out in s 24(7)(a) and (b) |
1 Delegates
|
Where the municipal building surveyor is the 'relevant building surveyor'
Subject to s 269 of the Building Regulations 2018 |
| s 24A(1) |
Power to issue permit where satisfied of the matters set out in s 24A(1)(a) – (d) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.25 |
Duty to notify applicant for a permit in writing without delay of refusal of permit and reasons refusal
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 25AA(1) |
Function of receiving notification that the person is the new owner of the land |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
|
| s.25A |
Function of receiving notice of changes to the engagement of a building practitioner, an endorsed building engineer or an architect
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 25AB |
Function of receiving notice of the subsequent engagement of the building practitioner, an endorsed building engineer or an architect |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 25AC |
Power to change the builder named on a building permit if satisfied of the relevant requirements under ss 24A and 24B |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 25AD |
Duty to give notice written notice to Council and the Authority of the occurrence of each prescribed event |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.28(1) |
Power to issue building permit for carrying out of building work that does not comply with building regulations if the work is to be carried out on, or in connection with a building included on the Heritage Register, subject to s24
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.28(3) |
Duty to take into account certain matters in deciding application for a building permit in respect of a building to which s 28(1) applies
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.29(1) |
Power to refuse to issue building permit for construction of a building in certain circumstances
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.29(2) |
Duty to not refuse to issue building permit on the sole ground that the owner may without notice to the Council dispose of the land to the Crown or a public statutory body |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.29B(1) and (3) |
Function of receiving notice from the responsible authority
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.29B(2) |
Duty to suspend consideration of application for building permit upon receipt of notice under s 29B(1)
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.29B(5) |
Duty, in making decision under s 24, to consider the requirements of the relevant planning scheme as amended when given notice of amendment under s 29B(3)(c)
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.30(1) |
Duty to give Council a copy of permit, plans and other documents lodged with permit application |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 30(1A) |
Duty to give a copy of any other prescribed documents, relating to the application for the building permit or the permit, to the relevant council |
1 Delegates
|
Where the municipal building surveyor is the 'relevant building surveyor' |
| s.30B(a) |
Duty to certify documents and lodgement fees paid on approved checklist |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Only applies to building permits issued on or after 4 July 2016 |
| s.30B(b) |
Duty to give certified checklist to Council at same time as giving documents required under s 30 |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Only applies to building permits issued on or after 4 July 2016 |
| s.33(1) |
Function of being notified after completion of each mandatory notification stage of building work for which a permit has been issued under Part 3
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.33(2) |
Power to direct person to stop carrying out work after completion of mandatory notification stage
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 34 |
Duty to cause building work to be inspected in person upon being notified of completion of mandatory notification stage of building work for which a building permit has been issued under Part 3 |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.35 |
Power to cause building work for which permit issued under Part 3 to be inspected at any time, whether or not mandatory notification stage completed
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 35A(1) |
Duty to ensure that a record of the inspection is made upon completion of an inspection under ss 34 or 35 |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 35A(2) |
Duty to give a copy of the record made under s 35A(1) upon written request |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 35A(2)(b) |
Function to request and receive a copy of a record made under s 35A(1) |
2 Delegates
|
Where the MBS is the MBS for the municipal district in which the building work was inspected |
| s 35B |
Duty not to cause a person to carry out an inspection under ss 34 or 35 unless the criteria in ss 35B(a) or 35B(b) is met |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37A(2) |
Duty to give a direction to fix building work to relevant person where reasonable belief that building work fails to comply with this Act, building regulations or building permit |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37A(3) |
Power to authorise building surveyor or relevant building inspector to give oral direction to fix building work to relevant person |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37D(2) |
Duty to give written direction to fix building work where not satisfied at the end of prescribed period following an oral direction that building work complies with this Act, building regulations or building permit |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37G(1) |
Function of receiving request to extend period to comply with building direction |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37G(3) |
Power to grant extension of period for compliance with direction to fix building work received under s.37G(2) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37G(4) |
Duty to give written notice of extension of time granted under s 37G(3) to builder |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37HA |
Power to stay operation of a direction to fix building work where subject of conciliation |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37I(1) |
Power to revoke direction to fix building work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37I(2) |
Duty to give written notice of revocation of direction to fix building work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.37J |
Duty to give prescribed documents in relation to direction to fix building work to relevant owner and any other prescribed person |
1 Delegates
|
Where the municipal building surveyor is the 'relevant building surveyor' |
| s 37J |
Function of receiving documents |
1 Delegates
|
Where the municipal building surveyor is the 'relevant building surveyor' and in turn a 'prescribed person' |
| s.37K(1) |
Duty to give written notice to VBA and relevant owner of failure to comply with a written direction to fix building work within 7 days of failure to comply |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.38(1) |
Duty to issue notice of final inspection following inspection of final mandatory notification stage, if occupancy permit not required and all directions complied with
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.41 |
Function of receiving application for occupancy permit
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 41B(1) |
Power to approve a draft building manual accompanying an application for an occupation permit if satisfied that the draft building manual meets all the requirements |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Provision commences on 1 February 2024, unless proclaimed earlier |
| s 41B(2) |
Duty to record the approval of the draft building manual in the approved building manual |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Provision commences on 1 February 2024, unless proclaimed earlier
|
| s 41B(3) |
Duty to give a copy of the approved building manual to the applicant for the occupancy permit at the same time at which the relevant building surveyor issues the occupation permit to the applicant |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Provision commences on 1 February 2024, unless proclaimed earlier |
| s.43 |
Duty to decide application for occupancy permit under Division 1 of Part 5 by either issuing permit, issuing permit with conditions or refusing permit
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.44 |
Duty to not issue occupancy permit in certain circumstances
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.47 |
Duty to notify the reporting authority without delay and give copy of permit to the reporting authority, if issues occupancy permit which differs from or fails to implement recommendations in the reporting authority's report under Schedule 2
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Does not apply to classes of building set out in r 1805 of the Building Regulations 2018 |
| s.48 |
Duty to notify applicant of refusal of permit under Division 1 of Part 5 and reasons for refusal
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.53 |
Function of receiving application for an occupancy permit
|
1 Delegates
|
|
| s.55 |
Duty to not issue occupancy permit under Division 2 of Part 5 unless the place to which the permit applies is suitable for occupation for the public entertainment or class of public entertainment for which the permit is sought
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.56 |
Duty to decide application for occupancy permit under Division 2 of Part 5 by either issuing permit, issuing permit with conditions or refusing permit |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.57(1)(a) |
Power to approve the siting of a temporary structure
|
1 Delegates
|
|
| s.59 |
Power to issue combined occupancy permit if requirements of Division 1 and Division 2 of Part 5 are satisfied
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.60 |
Duty to notify the reporting authority without delay and give copy of permit to the reporting authority, if issues occupancy permit which differs from or fails to implement recommendations in the reporting authority's report under Schedule 2
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.62 |
Duty to notify applicant of refusal of permit under Division 2 of Part 5 and reasons for refusal
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.63 |
Power to cause any place of public entertainment for which an occupancy permit has been issued under Division 2 of Part 5 to be inspected from time to time to determine whether or not the permit is being complied with
|
1 Delegates
|
|
| s.64 |
Power to approve occupation on a temporary basis of a building for which there is not or could not be issued an occupancy permit appropriate to the use of the building |
1 Delegates
|
|
| s.66 |
Power to approve form of application under Division 3 of Part 5 |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.67 |
Duty to decide application for approval to occupy a building on a temporary basis by either issuing approval, issuing approval with conditions or refusing approval
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.69 |
Duty to notify applicant in writing of refusal and reason for refusal of approval to occupy building on temporary basis |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.70 |
Power to amend a permit or approval issued under Part 5, on an application by the owner of the building or land or if the amendment is necessary in the public interest |
1 Delegates
|
|
| s.71 |
Power to cancel a permit or approval if obtained by fraud or misrepresentation |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 72 |
Power to cancel occupancy permit issued under Division 1 of Part 5 in certain situations |
1 Delegates
|
|
| s.73(1) |
Duty to give Council a copy of permit, approval, amendment, plans or other documents lodged with application |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.73(1A) |
Duty to give Council a copy of other prescribed documents relating to application |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.81(4) |
Duty to not complete the first private building surveyor's functions in respect of the building work without the written consent of the VBA, where the appointment of a private building surveyor is terminated under s 81(3) |
1 Delegates
|
|
| s.82 |
Duty to comply with direction of the VBA where appointment of private building surveyor is terminated and the MBS is to complete the private building surveyor's functions |
1 Delegates
|
|
| s.83T(2) |
Function of receiving information from manager appointed by the VBA under s 83B |
1 Delegates
|
|
| s.84(1) |
Function of receiving notification of proposed building work where owner is required to undertake protection work in respect of an adjoining property before or during the carrying out of building work for which a building permit is required must |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.85(1)(b) |
Function of receiving notice from adjoining building owner regarding proposed protection works |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.87(1) |
Duty to examine the proposal for protection work and determine the appropriateness or otherwise of the work upon receipt of notice under s 85(1)(b) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.87(2)(a) |
Power, in the case of notice under s 85(b)(ii), to ask owner for more information before making determination under s 87(1) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 87(2)(b) |
Duty to make copy of information available to adjoining owner |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.87(3) |
Power make any inquiries and not to give any person a hearing |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s87(4) |
Duty to give notice of determination under s 87 |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.92 |
Duty to make available to adjoining owner, on request, for inspection, without charge, plans, drawings and specifications of proposed building work at any time after notice of intention to commence building work is given under Part 7 |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.101(1) |
Function of receiving plans, drawings and specifications showing protection work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.101(2) |
Duty to give a copy of documents received under subsection (1) to Council |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.102 |
Power to make an emergency order under Division 1 of Part 8 if the MBS is of the opinion that the order is necessary because of danger arising out of the condition or use or proposed use of a building, land on which building work is carried out or a place of public entertainment |
1 Delegates
|
|
| s 103(2) |
Power to permit any person to enter, use or occupy a building, land or a place of public entertainment |
1 Delegates
|
|
| s 104(5) |
Function of receiving the results of the destructive testing of the building product or material from an owner or builder referred to in s 104(4) |
1 Delegates
|
|
| s.105(2) |
Duty to cause an emergency order to be served on the person to whom it is directed without delay after it is made |
1 Delegates
|
|
| s.105(3) |
Duty to give a copy of an emergency order to any private building surveyor appointed to perform a function in relation to a building, land or place to which the order relates |
1 Delegates
|
|
| s.105B |
Power to cancel an emergency order in some circumstances, by giving a written notice to the person to whom the notice was directed |
1 Delegates
|
|
| s.106 |
Power to cause a building notice to be served on an owner of a building, land or place of public entertainment if believes that one of the circumstances specified in s 106(a) - (d) exists |
1 Delegates
|
s 118A: must only cause building notice to be served if direction to fix building work not complied with, or satisfied it is not possible or appropriate to give a direction to fix the building work |
| s.110 |
Power to cancel building notice after considering any representations made by owner under s 109 |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.111(1) |
Power to make building order under s 111 after the end of the time allowed by the building notice for making representations |
1 Delegates
|
s 118A: must only make building order if direction to fix building work not complied with, or satisfied it is not possible or appropriate to give a direction to fix the building work |
| s 111(2) |
Duty to consider any representations made by the owner concerned before making an order |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 111(4) |
Power to permit a person entering, using or occupying a building, land or place of public entertainment |
1 Delegates
|
|
| s 111(9) |
Function of receiving the results of the destructive testing of the building product or materials from the owner or builder referred to in s 111(8) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.112(1) |
Power to make a building order that requires an owner or other person to stop building work |
1 Delegates
|
Subject to s 107 |
| s.112(6) |
Power to exempt any part of the building work from a building order under s 112, if the relevant building surveyor considers that it is necessary for the building work to be carried out in accordance with s 112(6)(a)-(c) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.113 |
Power to make a building order requiring the owner of a building, land on which building work is being or is proposed to be carried out or a place of public entertainment, to carry out work without first serving a building notice, if it is believed that the work required to be carried out is of a minor nature |
1 Delegates
|
Subject to s 107 |
| s.114(2) |
Duty to cause building order to be served on person to whom it is directed without delay |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.116(2) |
Power to amend or cancel a building order or refuse to amend or cancel a building order after considering request under s 116(1)
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.116(4) |
Duty to inform the owner in writing, without delay, of the relevant building surveyor's decision under s 116(2) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 119 |
Power to direct a person to obtain a building permit, or to comply with the Regulations, when carrying out work in accordance with an emergency order or building order in force under Part 8 of the Act |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.120(2) |
Duty to inspect work notified as completed under s 120(1) and either report to Council that emergency order or building order has been fully complied with or require that order be fully complied with
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.121 |
Power to cause work to be carried out if an owner fails to carry out work as required by an emergency order or building order |
1 Delegates
|
|
| s.122 |
Duty to take necessary action if required by Minister |
1 Delegates
|
|
| s.124 |
Power to request assistance of a police officer, to evacuate a building, land or place of entertainment in accordance with emergency order, or in removing persons from building, land or place in which work is being carried out in accordance with emergency order |
1 Delegates
|
|
| s.125(1) |
Duty to give a copy of notice or order to Council |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.125(2) |
Duty to give a written notice of the compliance, amendment or cancellation to Council |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.150 |
Power to refer to Building Appeals Board any dispute with owner about exercise of powers under s 228D(6)(ab) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.156 |
Power to refer to Building Appeals Board any dispute about estimate of costs of work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.157 |
Power to refer to Building Appeals Board a dispute about a building, building work or proposed building work which concerns the application or effect of any provision of the building regulations or whether any provision of the building regulations is or has been complied with |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.160 |
Power to make application to the Building Appeals Board for a determination that a provision of the building regulations does not apply or applies with the modifications or variations specified in the application |
1 Delegates
|
|
| s.160A |
Power to make application to the Building Appeals Board for a determination that a particular design of a building or an element of a building complies with this Act, the building regulations or any document applied, adopted or incorporated in the building regulations |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 162(1)(a)(iii) and (c) |
Function of being consulted by Building Appeals Board |
1 Delegates
|
|
| s 176A(g) |
Power to request that a registered building practitioner or, in the case of a registered body corporate, the nominee director of the registered building practitioner, produce their certificate of registration for inspection |
1 Delegates
|
|
| s 187O |
Power to request a licensed building employee to produce their licence certificate for inspection |
1 Delegates
|
|
| s 188AA(3) |
Duty to comply with any relevant direction issued under s 188AA(1) in carrying out a function under the Building Act 1993 and Building Regulations 2018 |
1 Delegates
|
|
| s 205HA |
Duty to refuse building permit application if the circumstances described in s 205HA(a) and (b) apply |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.205I(1) |
Duty to estimate the cost of the building work and without delay give the VBA and applicant written notice of the estimate |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 205I(2) |
Duty to estimate the cost of the whole of the building work, estimate the cost of the stage of the building work and, without delay, give the VBA and applicant written notice of the matters specified in s 205I(3) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s 205I(4)(a)(i) and (ii) |
Duty to estimate the cost of the building work (including the cost of labour and material) that relates to the class or classes of building referred to in s 205G(2A) and a class 1, 9 or 10 and for which the building permit is sought, having regard to the information given under s 205H(1AAA) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.205J(1) |
Duty to keep certain records, make those records available, forward the amounts received to the VBA and give periodic returns to the VBA |
1 Delegates
|
|
| s.205M |
Duty to follow a direction given by the VBA |
1 Delegates
|
|
| s.205M(4) |
Power to make submissions to the VBA about the proposed direction or recommendation |
1 Delegates
|
|
| s.205M(5) |
Function of receiving a copy of a direction or recommendation from the VBA |
1 Delegates
|
|
| s.216C(1)(a) |
Function of issuing building permits where appointed for land outside the municipal district |
1 Delegates
|
|
| s.216C(1)(b) |
Function of carrying out inspections of buildings and building work under part 4 where appointed for land outside the municipal district |
1 Delegates
|
|
| s.216C(1)(c) |
Function of issuing occupancy permits and temporary approvals under part 5 where appointed for land outside the municipal district |
1 Delegates
|
|
| s.216(3) |
Power to use the title of municipal building surveyor in carrying out functions under s 216 of the Act |
1 Delegates
|
Power of a MBS appointed under s216C(1) of the Act in respect of land outside the municipal district |
| s.216C(2) & (4) |
Power to carry out outside the municipal district any function, other than those specified in s 216C(1), conferred on a private building surveyor by this Act or the regulations |
1 Delegates
|
Power of a MBS appointed under s216C(1) of the Act in respect of land outside the municipal district |
| s.225(d) |
Duty to assist the Minister and obey all directions given by the Minister in the exercise of any of the powers of the Minister under s 224 |
1 Delegates
|
|
| s.227E(1) |
Power to inspect, either separately or jointly with chief officer, any safety or emergency installations, equipment or services or any records or reports relating to the operation and maintenance of any safety or emergency installations, equipment or services |
1 Delegates
|
|
| s.227E(2) |
Function of receiving from chief officer a report of an inspection by the chief officer under s 227E(1) |
1 Delegates
|
|
| s.227E(3) |
Duty to ensure that owner of building or place of public entertainment that has been inspected under s 227E(1) is provided with inspection report signed by the MBS, within 10 business days of inspection |
1 Delegates
|
|
| s 228A(1) |
Power to authorise a person to exercise all or any of the powers under Part 13 Division 2 where satisfied that the person to be authorised is appropriately qualified or has successfully completed appropriate training |
1 Delegates
|
|
| s 228A(3) |
Power to authorise a person to exercise all or any of the powers under Part 13 Division 2 Subdivision 4 where satisfied that the person to be authorised is appropriately qualified or has successfully completed appropriate training |
1 Delegates
|
|
| s 228B(1) |
Duty to issue documentation that complies with s 228B(4) to a person authorised by the MBS under s 228A |
1 Delegates
|
|
| s 234E(2) |
Power to apply for an injunction |
1 Delegates
|
|
| s.236(7) |
Function of providing consent to remove or deface an order or notice put up under ss 236(4) or 236(4A) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| s.238(1) |
Power to rely on certificate by a registered building practitioner in a prescribed category, class of practitioners or an endorsed building engineer that building work or proposed building work of a prescribed class complies with any provision of the Building Act 1993 or the regulations |
1 Delegates
|
|
| sch 2, cl 2(1) |
Power to require applicant to provide additional information or documents or to amend application before dealing with or dealing further with application |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 3(1) |
Power to refuse application if additional information or document or amended application is not supplied within the time specified |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 3(2) |
Duty to give applicant 30 days notice in writing of intention to refuse application |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch2, cl 4(1) |
Duty to not decide an application that is required by this Act or regulations to be reported on or consented to, without obtaining report or consent from the reporting authority |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 4(2) |
Duty to give copy of application to each reporting authority within prescribed time |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 4(3) |
Duty to forward to a reporting authority with the copy of an application, any fees paid to the building surveyor under clause 1(e) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 5(3) |
Power not to obtain a report or consent from a reporting authority if the applicant notifies that they have applied for or intends to apply for that report or consent, or supplies a copy of the report made in the last 12 months or of the consent |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 6(1) |
Power to proceed to decide an application without a report being obtained if a copy of the report is not supplied by the reporting authority (other than a Council or an officer of a Council) within the prescribed time |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 6A(2) |
Power to proceed to decide an application without a report being obtained if a copy of the report is not supplied by a responsible authority under the Planning and Environment Act 1987 within the prescribed time |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 7(1) |
Duty to consider any report of a reporting authority supplied under Schedule 2 before deciding the relevant application for a permit |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 7(2) |
Duty to implement recommendations of a prescribed reporting authority in relation to a prescribed matter in deciding application |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| sch 2, cl 7(3) |
Power to not implement any of the recommendations in a report by a reporting authority, except as provided under cl 7(2) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 13(1) |
Duty to determine the classification of a building when performing a function under the Act or the Regulations |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 13(2) |
Duty to classify the building as belonging to the class it most closely resembles |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 25(3) |
Power to reasonably require additional copies of documents set out in r 25(1) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 26(2) |
Power to reasonably require additional copies of documents set out in r 26(1) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 27 |
Power to exempt an application for a building permit in respect of building work from any requirement under rr 25 or 26
|
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 29 |
Power to request additional information to accompany application for permit |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 36A |
Power to examine an extract of the major domestic building contract and a copy of the certificate of insurance |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 37(3) |
Duty to include the things specified in rr 37(3)(a) and 37(3)(b) on the building permit |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 38 |
Duty to document determination of performance solution |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 39 |
Duty to provide copy of building permit |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 42 |
Function of being notified of changes by the owner of a building or land to which a building permit relates |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 43 |
Function of being notified of any change in the name or address of the building practitioner specified in the permit |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 47 |
Duty to provide information to the VBA in the approved form within 7 days after the end of each month |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 56 |
Duty to give notice of an imminent lapse of building permit – commencement of work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 57 |
Duty to give notice of an imminent lapse of building permit – completion of work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 58 |
Duty to cause a copy of the notice of imminent lapse of building permit to be provided |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 59(1) |
Function of receiving an application for an extension of the commencement date or the completion date of building work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 59(3) |
Power to extend the commencement date or completion date of the building work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 59(4) |
Duty to notify the applicant if an extension is granted under r.59(3) without delay |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 60(1) |
Function of receiving an application |
1 Delegates
|
Where the municipal building surveyor is appointed by the relevant Council |
| r 62 |
Power to request more information |
1 Delegates
|
|
| r 63(1) |
Power to refuse an application if information not provided |
1 Delegates
|
|
| r 63(2) |
Duty, before refusing an application under r.63(1) to give the applicant 30 days notice in writing of the municipal building surveyor's intention to refuse the application |
1 Delegates
|
|
| r 64(1) |
Power to determine or refuse to determine that a combined allotment can be treated as one allotment for the purposes of the Building Act 1993 and the Regulations |
1 Delegates
|
On receiving an application under r 60(1) |
| r 64(4) |
Duty to give a copy of the determination to the applicant |
1 Delegates
|
|
| r 64(5) |
Duty to notify the applicant of refusal to make a determination |
1 Delegates
|
|
| r 66(1) |
Power to revoke a determination |
1 Delegates
|
|
| r 66(2) |
Duty to give each owner of land in the combined allotment written notice of the revocation |
1 Delegates
|
|
| r 111(1) |
Power to determine if protection work is required |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 111(2) |
Duty to determine whether protection work is required when deciding an application for a building permit in relation to proposed building work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 111(3) |
Power to, at any time, determine that protection work is required |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 111(5) |
Duty to provide a copy of the determination within 7 days after making a determination under r 111 |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 112 |
Duty to have regard to the items in rr 112(a) – 112(i) when determining if protection work is required |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 116(1) |
Power to require precautions to be taken before and during building work to protect the safety of the public |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 116(2) |
Duty to approve the precautions made under r 116(1) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 117(1)(a) |
Power to inspect and approve precautionary measures |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 117(1)(b) |
Power to direct the hours during which any external wall on or within 3 m of a street alignment may be pulled down |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 117(1)(c) |
Power to require protective outriggers to be installed |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 117(2) |
Power to exempt minor demolition work from the requirements of r 117(1) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 118(2) |
Power to exempt requirement that all water be removed or diverted from excavations before the laying of footings |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 119(1) |
Power to require the owner of an allotment to provide retaining walls or other means of maintaining the stability of the soil |
1 Delegates
|
|
| r 120(1) |
Power to require that the owner or builder carrying out building work, for which a building permit has been issued, arrange for the testing of any material used in the building work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 120(2) |
Power to, as a result of the tests, prohibit the use of any material which meets the criteria in rr 120(2)(a) and 120(2)(b) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 121 |
Duty not to determine that a performance solution complies with a fire performance requirement of the BCA unless the municipal building surveyor meets the criteria in rr 121(a) – 121(h) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 124(2) |
Function of receiving a copy of the record prepared under r 124(1) from a registered building practitioner |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 127(b) |
Function of inspecting the records of all pile-driving operations |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 127(c) |
Function of receiving the complete records of the pile-driving operations |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 128(2)(d) |
Power to determine if used timber is suitable to be used for structural purposes |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 129(3) |
Duty to forward details of the installation of fire sprinklers to the chief officer when a building permit is issued which involves the installation of fire sprinklers and the installation does not meet the deemed-to-satisfy provisions of the BCA |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 131 |
Power to require a report from the relevant electricity supply authority as to whether an electricity sub-station is necessary on the allotment and, if so, the size and location of the sub-station |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
If an application is made for a building permit for the construction of a building
|
| r 133 |
Power to approve the design of every stormwater drainage system to the point of discharge from an allotment |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 147Y(1) |
Duty to issue a certificate of pool and spa barrier compliance and give the certificate to the owner of the land in which the swimming pool or spa is located if satisfied that the barrier complies with the applicable barrier standard |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 147Y(3) |
Power to issue a certificate of pool and spa barrier compliance under r 147Y at any time |
1 Delegates
|
Where the municipal building surveyor is carrying out functions under Part 8 or acting as an authorised person under s 228 of the Building Act 1993
|
| r 147ZB(1) |
Duty, on the completion of the building work, to inspect the barrier and determine if the barrier complies with the applicable barrier standard |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 147ZB(2) |
Duty to issue a certificate of pool and spa barrier compliance in the form of Form 23 and give the certificate to the owner of the land on which the swimming pool or spa is located |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 147ZK(1) |
Power to serve a barrier improvement notice in accordance with r 147ZK(2) on the owner of the land on which the swimming pool or spa is located |
1 Delegates
|
|
| r 156 |
Duty to accept the bushfire attack level in the planning scheme or site assessment for planning permit |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 157 |
Duty to accept bushfire attack level of 12.5 |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 166E |
Power to inspect an emergency accommodation building |
1 Delegates
|
|
| r 166G(2)(a) |
Power to notify the owner of the building that building does not comply with a requirement under r 166F(1)(a) |
1 Delegates
|
|
| r 166G(3) |
Duty to give written notice to the owner of the building containing the matters set out in r 166G(3)(a) – (c) |
1 Delegates
|
|
| r 166G(4) |
Function of receiving request to extend period of time |
1 Delegates
|
|
| r 166G(5) |
Duty to notify owner of building of extended period of time |
1 Delegates
|
|
| r 165 |
Duty not to determine that a performance solution complies with performance requirement P2.7.6 of the BCA Volume Two unless the relevant building surveyor relies on one of the items set out in rr 165(a) – 165(d) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 170 |
Power to omit a mandatory notification stage set out in r 167 for building work if that stage is not relevant to the building work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 171 |
Duty to specify the mandatory notification stages for building work determined under rr 167, 168, 169 and 170 in the building permit issued for that building work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 172(1) |
duty to cause to be inspected the building work in each storey of a Class 2, 3 or 4 building |
2 Delegates
|
where the municipal building surveyor is the relevant building surveyor |
| r 172(2) |
Duty to cause to be inspected at least one of each type of fire protection method for each type of service penetration to any building element that is required to resist the spread of fire or smoke on each storey of a Class 2, 3, 4, 9a or 9c building |
2 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 175 |
Duty to keep and make available directions to fix building work |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 191 |
Duty to decide an application to amend an occupancy permit within the time periods set out in rr 191(a) and 191(b) |
1 Delegates
|
|
| r 193 |
Duty to provide copy of an occupancy permit to the applicant within 7 days after issuing the permit |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 194(1) |
Duty to ensure that an occupancy permit issued in relation to a building or place of public entertainment specifies the items set out in rr 194(1)(a) – 194(1)(c) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 194(1)(b) |
Power to determine the level of performance that each essential safety measure must achieve to fulfil its purpose |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 194(2) |
Duty to specify the provision of the Regulations with which the installation and operation of the essential safety measure must comply, which sets out the frequency and type of inspection, testing and maintenance required for the essential safety measure |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 198(1) |
duty to ensure that a location approved within a building for the purposes of r 197 is in a prominent position and is accessible to the occupants of the building |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Subject to r 198(3) |
| r 198(2) |
Duty to ensure that a location approved within a place of public entertainment for the purposes of r 197 is in a prominent position and is accessible to the public |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 199(2) |
Power to request a copy of any current occupancy permit |
1 Delegates
|
|
| r 201(1) |
Duty to notify the chief officer within 10 days after issuing the certificate of the items set out in rr 201(1)(a) and 201(1)(b) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 201(2) |
Duty to notify the chief officer of the issue of the certificate within 10 days after issuing the certificate |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 205 |
Duty to supply information to Council |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 211(2) |
Duty to have regard to the qualifications published under r 211(1) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 214(b) |
Power to designate an item as an essential safety measure |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 215(2) |
Duty to determine and specify in the determination the items set out in rr 215(2)(a) – 215(2)(c) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 218(2) |
Duty to prepare or update a maintenance schedule so that it complies with r 222 |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 218(3) |
Power to request documents, from the owner of a building or place of public entertainment, when preparing or updating a maintenance schedule under r 218(2) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 219(1) |
Function of receiving an application for the preparation of a maintenance schedule that complies with r 222 |
1 Delegates
|
|
| r 219(2) |
Function of receiving all documents referred to in r 225 relating to essential safety measures for the building or place |
1 Delegates
|
|
| r 220 |
Power to prepare a maintenance schedule in relation to a building or place of public entertainment that complies with r 222 |
1 Delegates
|
If the owner of the building or place has applied in accordance with r 219 for such a maintenance schedule to be prepared |
| r 221 |
Duty to provide a copy of the maintenance schedule to the owner of the building or place without delay |
1 Delegates
|
|
| r 225 |
Power to request documents relating to essential safety measures |
1 Delegates
|
|
| r 229(2) |
Power to exempt a building or place of public entertainment from compliance with any of these Regulations applicable to the new use |
1 Delegates
|
|
| r 229(3) |
Duty, when deciding whether to grant an exemption under r 229(2), to take into account the criteria set out in rr 229(3)(a) and 229(3)(b) |
1 Delegates
|
|
| r 231(2) |
Power to exempt a building from all or any of the requirements of r 231(2) |
1 Delegates
|
|
| r 231(3) |
Duty, when deciding whether to grant an exemption under r 231(2), to take into account the criteria set out in rr 231(3)(a) and 231(3)(b) |
1 Delegates
|
|
| r 233(3) |
Power to consent to partial compliance of building work or an existing building with rr 233(1) or 233(2) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
Subject to r 233(6)
|
| r 233(6) |
Power to only consent to partial compliance in respect of the extension if the floor area of the extension is not greater than the lesser of those in rr 233(6)(a) and 233(6)(b) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 234(2) |
Power to consent to partial compliance of a building with r 234(1) |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor |
| r 268 |
Power, when issuing a permit for building work referred to in s 24B(3) of the Building Act 1993, not to be required to be satisfied that the building work is to be carried out by a builder who is a registered building practitioner |
1 Delegates
|
Where the municipal building surveyor is the relevant building surveyor
If the building work is to be carried out by a builder who is solely engaged in the business of constructing Class 10 buildings other than a Class 10b structure constructed for the purpose of displaying a sign
|