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Building Work (Victoria)

Building Work (Victoria)

In Victoria, Section 3 of the Victorian Building Act 1993 defines building work as “work for or in connection with the construction, demolition or removal of a building;”

Building Act (Vic) 1993
Definitions and interpretation

building work means work for or in connection with the construction, demolition or removal of a building;

For the purposes of defining building work we also need to consider the term "construct" or "construction" which is also defined in the Act in relation to a building to include the following;

  1. build, re-build, erect or re-erect the building; and
  2. repair the building; and
  3. make alterations to the building; and
  4. enlarge or extend the building; and
  5. place or relocate the building on land;

Schedule 3—Exemptions for building work and buildings

The definition of building work also has some exclusions covered in Schedule 3 of the Regulations.

Item Description of building or building work exempted from building permit and occupancy permit Building regulations that building or building work exempted from
1

Construction of a freestanding Class 10a building that—

  1. has a floor area not exceeding 10 m 2 ; and
  2. is no more than 3 m in height or, if situated within 1 m of a boundary, is no more than 2·4 m in height; and
  3. if appurtenant to a building of another Class on the same allotment, is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and
  4. if it is not appurtenant to a building of another Class on the same allotment, is the only Class 10a building on the allotment and is set back at least 9 m from the front street alignment and at least 2 m from each side street alignment; and
  5. is not constructed of masonry.
 All Parts
2

Demolition of a freestanding Class 10 building that—

  1. is not constructed of masonry; and
  2. does not exceed 40 m 2 in floor area; and
  3. will not adversely affect the safety of the public or occupiers of the building; and
  4. is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 2017 .

Note
This building work may require approval from the Executive Director within the meaning of the Heritage Act 2017 under that Act.
Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987.

 All Parts
3

Repair, renewal or maintenance of a part of an existing building, if the building work—

  1. will not adversely affect the structural soundness of the building, and does not include—
    1. an increase or decrease in the floor area or height of the building;
    2. underpinning or replacement of footings; or
    3. the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and
  2. is done using materials commonly used for the same purpose as the material being replaced; and
  3. will not adversely affect the safety of the public or occupiers of the building; and
  4. will not adversely affect an essential safety measure relating to the building.

Note
Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be required to be maintained using particular materials.

If the contract price for the carrying out of domestic building work is more than $5000 (or any higher amount fixed by the regulations made under the Domestic Building Contracts Act 1995 ), the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995.

 All Parts
4

Alterations to a building, if the building work—

  1. will not adversely affect the structural soundness of the building, and does not include—
    1. an increase or decrease in the floor area or height of the building; or
    2. underpinning or replacement of footings; or
    3. the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and
  2. will not project beyond the street alignment; and
  3. will not adversely affect the safety of the public or occupiers of the building; and
  4. is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 2017 ; and
  5. is not work in relation to, and will not adversely affect, an essential safety measure relating to the building.

Note
Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be required to be maintained using particular materials.

If the contract price for the carrying out of domestic building work is more than $5000 (or any higher amount fixed by the regulations made under the Domestic Building Contracts Act 1995 ), the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995.

 Parts 3 to 19
5 Any building that is not of a Class listed in clause A3.2 of the BCA Volume One and clause 1.3.2 of the BCA Volume Two. All Parts
6

A building used only temporarily for the duration of building work for—

  1. construction purposes; or
  2. display purposes.
 All Parts
7 Temporary structures other than those to which regulation 207 applies. All Parts
8 A swimming pool or spa with a depth not exceeding 300 mm. All Parts
9

A relocatable swimming pool or spa that is erected temporarily in an area enclosed by an approved barrier.

Note
This exemption applies only to the relocatable swimming pool or spa and not to the barrier.

 All Parts
10

A fence (other than a fence forming part of a safety barrier for a swimming pool or spa or a fence forming part of an outdoor play space associated with a children's service)—

  1. not exceeding 2 m in height; and
  2. not exceeding 1·5 m in height when within 3 m of a street (which is not a lane, footway, alley or right of way) alignment and which is not constructed of masonry, concrete or similar material; and
  3. not exceeding 1·2 m in height when within 3 m of a street (which is not a lane, footway, alley or right of way) alignment and which is constructed of masonry, concrete or similar material; and
  4. not exceeding 1 m in height above the footpath when within 9 m of a point of intersection of street alignments.
 All Parts except reg. 89(1) and Schedule 6
11 A chain wire fence surrounding a tennis court. All Parts
12

A Class 10b structure constructed for the purpose of displaying a sign if that structure is—

  1. less than 3 m from a street alignment and does not exceed 1 m in height above ground level; or
  2. not less than 3 m from a street alignment and does not exceed—
  3. a height of 8 m above ground level; and
  4. 6 m 2 in display area.
 All Parts
13

Any mast, pole, antenna, aerial or similar Class 10b structure—

  1. attached to a building and which does not exceed a height of 3 m above the highest point of the attachment to the building; or
  2. not attached to a building and which does not exceed a height of 8 m above ground level.
 All Parts
14 Any facility (within the meaning of paragraph (b) of the definition of facility in section 7 of the Telecommunications Act 1997 of the Commonwealth) and construction or demolition of such a facility by a carrier (within the meaning of that section). Parts 2 to 19
15 Any retaining wall less than 1 m in height that is not associated with other building work or with protection of adjoining property. Parts 2 to 19 except regulation 119
16

A pergola that—

  1. is not more than 3·6 m in height; and
  2. in the case of a pergola that is appurtenant to a Class 1 building, is located no further forward on the allotment than 2·5 m forward of the front wall of that building; and
  3. in any other case, is located no further forward on the allotment than the front wall of that building to which it is appurtenant; and
  4. has a floor area not exceeding 20 m 2 .
 Parts 2 to 19
17

Installation of a wood or solid fuel household heating appliance.

Note
Installation of a wood or solid fuel burning heater is plumbing work and must be carried out by a licensed plumber.

 Parts 2 to 19
18

A relocatable building that is a movable unit within the meaning of the Housing Act 1983 that is constructed for a community service and is to be used or intended to be used to provide temporary accommodation on a non-profit basis if—

  1. the building or building work will not adversely affect the safety of the public or the occupiers of the building; and
 Parts 2 to 19
19

A relocatable building used as a school or TAFE institute within the meaning of the Education and Training Reform Act 2006 if—

  1. the building or building work will not adversely affect the safety of the public or the occupiers of the building.
 Parts 2 to 19

Please consult the Relevant Building Surveyor for specific expert advice in relation to building work and specifc exclusions.

    Disclaimer

    In preparing this definition, we have drawn from various sources including Legislation, Codes, Standards and industry information, research and knowledge.  Like the english language, these definitions may subtly change from time to time. As such these definitions are provided solely on the basis that users will be responsible for making their own assessment of the definition and and are advised to verify all relevant representations, statements and information.