Building (Single Dwellings) Act 2001

i Building (Single Dwellings) Act 2001 Act No. 30/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. New section 188A inserted 2 188A. Decision guidelines on design and siting of single dwellings 2 4. Rights of appeal 3 5. General regulation-making powers 4 6. Additional regulation-making powers 4 7. Procedures for building permits 5 8. Failure to report not to be deemed to be consent 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Building (Single Dwellings) Act 2001 † [Assented to 19 June 2001] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Building Act 1993 in relation to the siting and design of dwellings. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 30 of 2001 -- 2 of 8 -- Act No. 30/2001 Building (Single Dwellings) Act 2001 2 3. New section 188A inserted After section 188 of the Building Act 1993 insert— '188A. Decision guidelines on design and siting of single dwellings (1) The Minister may from time to time issue guidelines relating to the design and siting of single dwellings. (2) Without limiting sub-section (1), these matters may include— (a) matters relating to the consideration of neighbourhood character and amenity and the acceptability of the design and siting of the proposed dwelling in the neighbourhood; (b) matters relating to the availability of light to, and the overshadowing of, nearby buildings and allotments; (c) matters relating to privacy and overlooking, in relation to nearby buildings and allotments; (d) matters relating to the height of a building, and the distances from buildings to the boundaries of an allotment or to nearby buildings; (e) matters relating to how much of an allotment may be used for buildings, how much of an allotment may be covered by impermeable surfaces and the provision of open spaces on an allotment; (f) matters relating to the preservation of trees, and of architectural or heritage features; s. 3 See: Act No. 126/1993. Reprint No. 3 as at 1 January 1999 and amending Act Nos 99/1997, 18/1998, 75/1998 (as amended by Act No. 74/2000), 91/1998, 17/1999, 28/2000, 35/2000, 85/2000 and 91/2000. LawToday: www.dms. dpc.vic. gov.au -- 3 of 8 -- Act No. 30/2001 Building (Single Dwellings) Act 2001 3 (g) matters relating to the provision of car parking in relation to an allotment; (h) matters relating to the use of impermeable surface materials on an allotment and their effect on drainage and runoff; (i) matters relating to the energy efficiency of buildings; (j) matters relating to fences and boundary walls on an allotment. (3) The guidelines must be published in the Government Gazette. (4) In this section "single dwelling" means a building, or buildings, of a class specified by the regulations for the purposes of this section that is, or are, intended to be used as a dwelling.'. Note: Clause 4A of Schedule 2 requires the reporting authority, if required by the regulations, to give effect to the guidelines made under this section in considering an application for a building permit for a single dwelling that it is required to report on, or to consent to. 4. Rights of appeal After section 149(3) of the Building Act 1993 insert— "(3A) For the purposes of this Part, if an appeal is made to the Building Appeals Board against the refusal of a building permit or the imposition of a condition on a building permit, the decision under appeal is to be taken to include the decision or report of the relevant reporting authority if— (a) the building permit was refused because the reporting authority refused consent or the condition was imposed s. 4 -- 4 of 8 -- Act No. 30/2001 Building (Single Dwellings) Act 2001 4 as a result of a recommendation in a report of the reporting authority; and (b) the refusal of consent, or the making of the recommendation, was based on a decision made by the reporting authority in relation to the guidelines made under section 188A.". 5. General regulation-making powers After section 261(a) of the Building Act 1993 insert— "(aa) the matters which a reporting authority is required or permitted to take into account in reporting on, or considering whether to consent to, an application for a building permit; (ab) applying section 188A to specified classes of applications for building permits;". 6. Additional regulation-making powers In item 1 of Part 1 of Schedule 1 to the Building Act 1993, after "buildings" insert— "including— (a) matters relating to the availability of light to, and the overshadowing of, nearby buildings and allotments; (b) matters relating to privacy and overlooking, in relation to nearby buildings and allotments; (c) matters relating to the height of a building, and the distances from buildings to the boundaries of an allotment or to nearby buildings; (d) matters relating to how much of an allotment may be used for buildings, how much of an allotment may be covered by impermeable surfaces and the provision of open spaces on an allotment; (e) matters relating to the preservation of trees, and of architectural or heritage features; s. 5 -- 5 of 8 -- Act No. 30/2001 Building (Single Dwellings) Act 2001 5 (f) matters relating to the provision of car parking in relation to an allotment; (g) matters relating to the use of impermeable surface materials on an allotment and their effect on drainage and runoff; (h) matters relating to the amenity of nearby buildings and allotments; (i) matters relating to the energy efficiency of buildings; (j) matters relating to associated fences and boundary walls.". 7. Procedures for building permits In Schedule 2 to the Building Act 1993, after clause 4 insert— "4A. Reporting authority must have regard to section 188A guidelines in some cases (1) This clause applies if— (a) a reporting authority is required by this or any other Act or by the regulations to report on, or to consent to, an application for a building permit for a single dwelling, within the meaning of section 188A(4); and (b) the regulations provide that section 188A applies to applications of that kind. (2) In reporting on, or considering whether to consent to, the application, the reporting authority— (a) must have regard to the guidelines for the time being in force under section 188A; and (b) in having regard to those guidelines, if in the opinion of the reporting authority the application may result in a nearby allotment suffering detriment, must give the owner of the allotment an opportunity to make a submission in respect of the possible detriment; and (c) must consider any submission made under paragraph (b); and (d) must refuse to give its consent to the application if the application does not comply with any matter set out in those guidelines.". s. 7 -- 6 of 8 -- Act No. 30/2001 Building (Single Dwellings) Act 2001 6 8. Failure to report not to be deemed to be consent In Schedule 2 to the Building Act 1993, after clause 6(5) insert— "(6) A reference in this clause to a council, with respect to an application, is to be read as including a reference to any reporting authority that has to comply with clause 4A(2) in reporting on, or considering whether to consent to, the application.". ═══════════════ s. 8 -- 7 of 8 -- Act No. 30/2001 Building (Single Dwellings) Act 2001 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 May 2001 Legislative Council: 5 June 2001 The long title for the Bill for this Act was "to amend the Building Act 1993 in relation to the siting and design of single dwellings and for other purposes." Endnotes -- 8 of 8 --