Posts Tagged ‘retrospective’

Are the Building Regulations retrospective?

Saturday, May 22nd, 2010

Do the current technical requirements of our Building Regulations 2006, Building Code of Australia and Referenced Standards apply to existing buildings in our community in Victoria, Australia?

Gavel and Law bookThe general application of the Building Control legislation is to “building works”. To have “building works” you need to be doing something to a building or part of a building.

In certain circumstances Building Control Legislation is retrospective. These include:

  • In the case of a change of use i.e. a change from one defined use in the Building Code of Australia to another;
  • In the case of a major upgrade i.e. where more than 50% of the building has been altered in the previous 3 years;
  • Also in the case of subdivision i.e. if one building is divided into two or more parts they must be brought into compliance with the current requirements; and
  • There is also a group of requirements that apply to certain buildings of higher risk occupancies – swimming pools, sleeping accommodation, residential care and shared accommodation buildings (click here and scroll to Part 7 of the Building Regulations 2006).
  • (more…)