Legislation and Practice Notes
Building Act 1993 (Act)
The Act governs building activity in Victoria. It sets out the legislative framework for the regulation of building construction, building standards and the maintenance of specific building safety features.
Building Regulations 2018 (Regulations)
The Regulations are made pursuant to the Act and contain, among other things, the requirements relating to building permits, building inspections, occupancy permits, siting of class 1 and 10a buildings and protection of adjoining property during the carrying out of building work.
National Construction Code (NCC)
The NCC is an initiative of the Council of Australian Governments (COAG) developed to incorporate all on-site building and plumbing requirements into a single code.
The NCC sets the minimum necessary requirements for safety, health, amenity and sustainability in the design and construction of new buildings (and new building work in existing buildings) throughout Australia. It comprises the Building Code of Australia and the Plumbing Code of Australia.
The NCC is available for free download from the Australian Building Codes Board website.
Practice Notes
- Practice Note 1 (2019) - Applications for Modification and Compliance Assessments (PDF, 271.89 KB)
This practice note provides guidance on applications for a determination to modify or vary a provision of the Regulations or for a determination that a provision of the Regulations does not apply. It also provides guidance on applications for a determination that a particular design or element of a building complies with the Act and the Regulations, including the Building Code of Australia. - Practice Note 2 (2019) - Statement of Contentions and Points of Claim (PDF, 189.53 KB)
This practice note provides guidance on what to include in a Statement of Contentions and a Points of Claim. - Practice Note 3 (2019) - Directions Hearings (PDF, 137.96 KB)
This practice note provides guidance on what to expect and what is expected of the parties when appearing at a directions hearing. - Practice Note 4 (2019) - Hearings (PDF, 191.63 KB)
This practice note provides guidance on what to expect and what is expected of the parties when appearing at a hearing and steps following the hearing. - Practice Note 5 (2020) - Expert Evidence (PDF, 255.17 KB)
This practice note provides guidance on expert evidence. - Practice Note 6 (2020) - General procedure for conducting electronic hearings (e-hearings) (PDF, 148.04 KB)
This practice note provides guidance on what to expect and what is expected when appearing remotely at a hearing. - Practice Note 7 (2021) - Proceedings concerning combustible external wall materials (CEWM) (PDF, 199.79 KB)
This practice note provides guidance in respect of proceedings concerning CEWM brought under either ss 142, 160 or 160A of the Act. - Practice Note 8A (2021) - Disputes and Compensation proceedings in respect of Part 7 of the Building Act 1993 (Protection Work) (PDF, 223.62 KB)
This practice note provides guidance on disputes and compensation proceedings arising out of the protection work process. - Practice Note 8B (2021) - Appeal proceedings in respect of Decisions made under Part 7 of the Building Act 1993 (Protection Work) (PDF, 236.47 KB)
This practice note provides guidance on appeals that may be made against certain decisions or a failure to make certain decisions during the protection work process. - Practice Note 9A (2023) - Claims for costs of and incidental to the proceeding at the Building Appeals Board (PDF, 190.61 KB)
This practice note provides guidance to parties seeking to claim costs of a proceeding and the procedure for claim costs of a proceeding. - Practice Note 9B (2023) - Reimbursement of costs and expenses of supervising or assessing proposed protection work (PDF, 157.8 KB)
This practice note provides guidance in respect of claims by an adjoining owner seeking to recover their costs and expenses in assessing proposed protection work or supervising protection work.