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Chief Officer's Consent for Building Works (r129)

When applying for a building permit in Victoria, certain fire safety matters that do not comply with the Deemed-to-Satisfy (DtS) provisions of the National Construction Code (NCC) require special approval. Regulation 129 of the Building Regulations 2018 (Vic) sets out the consent process.

Russ Porteous
CEO, Firewize
28 Apr, 2025
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When applying for a building permit in Victoria, certain fire safety matters that do not comply with the Deemed-to-Satisfy (DtS) provisions of the National Construction Code (NCC) require special approval. Regulation 129 of the Building Regulations 2018 (Vic) sets out the process to obtain this approval.

If your design does not fully comply with the DtS provisions, additional approvals are needed before a building permit can be issued.

For Class 2–9 buildings (such as apartments, hotels, offices, schools, hospitals, factories, warehouses, and retail premises), before the building permit can be issued you must obtain a report and consent from the Chief Officer from either Fire Rescue Victoria (FRV) for metropolitan areas, or the Country Fire Authority (CFA) for regional areas under Regulation 129.

BUILDING REGULATIONS 2018 - REG 129
Requirements for permits involving fire safety matters
 (1) The report and consent of the chief officer must be obtained to an application for a building permit which involves any of the following fire safety matters if those matters do not meet the deemed-to-satisfy provisions of the BCA—
    (a) fire hydrants;
    (b) fire control centres or fire control rooms;
    (c) fire precautions during construction;
    (d) fire mains;
    (e) control valves;
    (f) booster assemblies;
    (g) open space and perimeter vehicular access to the extent it relates to emergency vehicles;
    (h) fire indicator panels;
    (i) fire services controls in passenger lift cars.
 (2) In a report under subregulation (1), the chief officer may consent to a variation of the requirements of the BCA if the chief officer is satisfied that a satisfactory degree of fire safety is achieved.
 (3) 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, the relevant building surveyor must forward details of the installation to the chief officer.

What Fire Safety Matters Are Covered?

You need the Chief Officer’s report and consent if your building design varies from the DtS provisions relating to:

If your project includes fire sprinklers that do not meet the DtS provisions, the relevant building surveyor must also notify the Chief Officer after the permit is issued.

Who Is Responsible for Getting the Consent?

The building permit applicant, usually the builder, owner, architect, or their representative, is responsible for obtaining the Chief Officer’s report and consent.

While the relevant building surveyor will often identify when it is required and may assist in the process, it remains the applicant’s responsibility to ensure it is obtained and provided as part of the permit documentation.

How to Get the Report and Consent

Navigating the report and consent process under Regulation 129 is straightforward if you plan ahead. Below is a step-by-step outline to help you identify when consent is needed, prepare your application properly, and secure approval from the Chief Officer before your building permit is issued.

  1. Identify early in your design if any fire safety matters do not meet DtS.
  2. Consult with your fire safety consultant or building surveyor to confirm if Regulation 129 applies.
  3. Prepare your application, including plans, specifications, and a clear explanation of the non-compliance and how an acceptable level of fire safety is maintained.
  4. Submit the application to the relevant fire authority (FRV or CFA).
  5. Respond to requests for additional information if needed.
  6. Obtain the Chief Officer’s report and consent and provide it to the building surveyor as part of the building permit process.

If the Chief Officer is satisfied that your alternative solution provides a satisfactory degree of fire safety, consent will be given.

If your building design does not fully comply with the DtS provisions for fire safety, Regulation 129 requires you to engage early with the fire authorities. Proper planning, clear documentation, and consultation with your project team (builder, architect, building surveyor, fire engineer) will help you secure the necessary report and consent and avoid project delays.

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