What does a VMBS do?

Building Permit

The Building Act 1993 allows that applications for building and occupancy permits may be made to the Municipal Building Surveyor or a private building surveyor (PBS) who has been appointed for that purpose by or on behalf of the owner of the respective land. Council is not responsible for functions being undertaken by a PBS.

Occupancy Permit

A building permit may contain a condition that an occupancy permit must be obtained prior to occupation of that building. It is an offence to occupy a building in contravention of such a requirement unless an approval to temporarily occupy is obtained. Certificates of Occupancy issued under previous legislation are deemed to be Occupancy Permits.

In addition to a building permit requiring that an OP be obtained, all places of public entertainment require an occupancy permit regardless.

For further information regarding making an application for a building permit or occupancy permit to the Municipal Building Surveyor – or booking a building work inspection contact your local council MAV website URL council listings

Consent & Reporting

Each council is a reporting authority under the Building Regulations 2018 for building designs involving the following:

Application for report and consent Part 5 – Siting variations
Regulation Reporting matters
73 Maximum street setback not complying with Regulation 73
74 Minimum street setback not complying with Regulation 74
75 Building height not complying with Regulation 75
76 Site coverage not complying with Regulation 76
77 Permeability not complying with Regulation 77
78 Car parking not complying with Regulation 78
79 Side and rear setbacks not complying with Regulation 79
80 Walls and carports on boundaries not complying with Regulation 80
81 Daylight to existing habitable room windows not complying with Regulation 81
82 Solar access to existing north-facing habitable room windows not complying with Regulation 82
83 Overshadowing of recreational private open space not complying with Regulation 83
84 Overlooking not complying with Regulation 84
85 Daylight to habitable room windows not complying with Regulation 85
86 Private open space not complying with Regulation 86
87 Siting of Class 10a buildings not complying with Regulation 87
89 Front fence height not complying with Regulation 89
90 Fence setback from side and rear boundaries not complying with Regulation 90
91 Fences on or within 150 mm of side or rear boundaries not complying with Regulation 91
92 Fences on intersecting street alignments not complying with Regulation 92
94 Fences and daylight to habitable room windows in existing dwelling not complying with Regulation 94
95 Fences and solar access to existing north-facing habitable room windows not complying with Regulation 95
96 Fences and overshadowing of recreational private open space not complying with Regulation 96
97 Masts, poles etc. not complying with Regulation 97
 
Application for report and consent – All other matters
Regulation Reporting matters
109 Projections beyond street alignment
116 Protection of the public  (also accompanied by hoarding permit application)
130 Report and consent for building over an easement/s
132 Report and consent for septic tank systems
134 Building above or below certain public facilities
153 Report and consent for buildings in areas liable to flooding (Melbourne Water Comment Required when they are floodplain management authority)
154 Report and consent for construction on designated land or designated works
A form and fee schedule applies to facilitate referrals of building designs to a council as a reporting authority, contact your local council MAV website URL council listings

Consent & Reporting

Enforcement & Prosecution

Each council is responsible for enforcement of the building standards of the Building Regulations within its district – except where the Building Act provides otherwise. For example, if a private building surveyor, the Victorian Building Authority or the Crown is carrying out regulatory functions it should not be necessary that these are duplicated by a council. Each council should have a position established under carefully considered policy for circumstances where a council is requested to become involved where there is another functionary.

Council’s enforcement role includes:

• Standards of building work authorised by the municipal building surveyor
• Building subdivisions where a private building surveyor is not carrying out functions
• Standards of use authorised by occupancy permits
• Building owner responsibilities re maintenance of essential safety measures
• Building owner responsibilities re swimming pool safety
• Building owner responsibilities re installation of domestic smoke alarms

In addition to the above, Council may bring proceedings for any offence against Part 3, 4, 5, 7 or 8 of the Building Act 1993 or the Building Regulations within the municipal district.

The Victorian Building Authority or any person authorised by the Minister or the Victorian Building Authority or a member of the police force may bring proceedings for any offence against the Building Act 1993 or the Building Regulations.

To prevent small children drowning, all residential swimming pools in Victoria must have physical safety barriers to restrict access of unattended children to the pool area.

At the time of writing, there are 2 sets of standards, depending on the time the pool was built:

Pools installed or approved before 8 April 1991 were required by 1/7/97 to be protected with barriers in accordance with 5.13 of the Building Regulations:

(1) This regulation applies to a swimming pool or spa:

  • on an allotment containing a Class 1 or 10 building; and
  • capable of containing a depth of water exceeding 300mm; and
  • constructed, or for which building approval was granted, before 8 April 1991.
 

(2) The owner of the swimming pool or spa must ensure that one or more of the following barriers are in place to restrict access to the part of the allotment or building containing the swimming pool or spa:

  • a wall of a building, but only if:
    • any door or gate in the wall complies with sub-regulation (3); and
    • any openable part of any window in the wall:
      • is not less than 2·4m above the ground or paving immediately external to the window; or
      • is not less than 1·5m above the floor of the room containing the window; or
      • has a catch, bolt or lock located not less than 1·5m above that floor level; or
      • has a securely fitted fly screen;
  • a fence and gate complying with AS 1926.1-1993 Fencing for swimming pools;
  • a paling, or imperforate fence if:
    • it is at least 1·5m in height measured above the ground level on the approach side; and
    • any door or gate in the fence complies with sub-regulation (3).

Penalty: 50 penalty units

(3) With respect to any door or gate providing access to the part of the allotment or building containing the swimming pool or spa, the owner of the swimming pool or spa must ensure:

  • that there is a lock or latch that prevents the door or gate, if the door or gate is in its closed position, from being opened by a person unable to reach the opening mechanism for the door or gate; and
  • that the opening mechanism is located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and
  • that the door or gate is fitted with a self locking or self latching device that is located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side.

Penalty: 50 penalty units.

(4) In this regulation, “owner” in relation to a swimming pool or spa means:

  • in the case of a swimming pool or spa on an allotment being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that allotment; and
  • in the case of a swimming pool or spa on any other allotment, the owner of that allotment.
 
 
Important Notes

(1) As of 1 July 2002 a door or gate referred to in the above Regulation 5.13 (2) (c) must be fitted with a device:

  • that is located not less than 1.5m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and
  • that returns the door or gate to its closed position:
    • from any position in the range of positions from fully open to resting on the lock or latch; and
    • from a stationary start from any position within that range without the application of manual force.

(2) Any fence to be installed or altered and forms the barrier that restricts access to the part of the allotment containing the swimming pool or spa requires a building permit. This includes swimming pool and spa safety fences and any other fence that forms the barrier e.g. pailing boundary fence. Failure to gain a building permit can result in substantial penalties.

Pools after 8 April 1991
will have been required to comply with strict pool safety performance requirements as a pre-requisite of installation approval – originally by mandatory compliance with AS 1926.1, later by standards as approved by the authorising building surveyor as meeting the following performance requirement of the Building Code of Australia:

A barrier must be provided to a swimming pool and must:

  • be continuous for the full extent of the hazard; and
  • be of a strength and rigidity to withstand the foreseeable impact of people; and
  • restrict the access of young children to the pool and the immediate pool surrounds; and
  • have any gates and doors fitted with latching devices not readily operated by young children, and constructed to automatically close and latch.
 

Note that the above applies only to a swimming pool with a depth of water more than 300 mm.

The approved barriers will have been inspected following the building approval/permit and should be evident.

Pool Safety

General Administration & Information

Each council is responsible for the registering, keeping and giving out of information with relation to:

  • appointments of private building surveyors
  • all building permits
  • all current building notices and building orders
  • all certificates of occupancy and occupancy permits
  • dates of building inspection approval
  • building hazard areas
 

At each council you may inquire if you can view special areas maps, building permit register, notices and order register, occupancy permit register. Designated special areas-mapping

Building Permit

The Building Act 1993 allows that applications for building and occupancy permits may be made to the Municipal Building Surveyor or a private building surveyor (PBS) who has been appointed for that purpose by or on behalf of the owner of the respective land. Council is not responsible for functions being undertaken by a PBS.

Occupancy Permit

A building permit may contain a condition that an occupancy permit must be obtained prior to occupation of that building. It is an offence to occupy a building in contravention of such a requirement unless an approval to temporarily occupy is obtained. Certificates of Occupancy issued under previous legislation are deemed to be Occupancy Permits.

In addition to a building permit requiring that an OP be obtained, all places of public entertainment require an occupancy permit regardless.

For further information regarding making an application for a building permit or occupancy permit to the Municipal Building Surveyor – or booking a building work inspection contact your local council MAV website URL council listings

Application for report and consent Part 5 – Siting variations
Regulation Reporting matters
73 Maximum street setback not complying with Regulation 73
74 Minimum street setback not complying with Regulation 74
75 Building height not complying with Regulation 75
76 Site coverage not complying with Regulation 76
77 Permeability not complying with Regulation 77
78 Car parking not complying with Regulation 78
79 Side and rear setbacks not complying with Regulation 79
80 Walls and carports on boundaries not complying with Regulation 80
81 Daylight to existing habitable room windows not complying with Regulation 81
82 Solar access to existing north-facing habitable room windows not complying with Regulation 82
83 Overshadowing of recreational private open space not complying with Regulation 83
84 Overlooking not complying with Regulation 84
85 Daylight to habitable room windows not complying with Regulation 85
86 Private open space not complying with Regulation 86
87 Siting of Class 10a buildings not complying with Regulation 87
89 Front fence height not complying with Regulation 89
90 Fence setback from side and rear boundaries not complying with Regulation 90
91 Fences on or within 150 mm of side or rear boundaries not complying with Regulation 91
92 Fences on intersecting street alignments not complying with Regulation 92
94 Fences and daylight to habitable room windows in existing dwelling not complying with Regulation 94
95 Fences and solar access to existing north-facing habitable room windows not complying with Regulation 95
96 Fences and overshadowing of recreational private open space not complying with Regulation 96
97 Masts, poles etc. not complying with Regulation 97
 
Application for report and consent – All other matters
Regulation Reporting matters
109 Projections beyond street alignment
116 Protection of the public  (also accompanied by hoarding permit application)
130 Report and consent for building over an easement/s
132 Report and consent for septic tank systems
134 Building above or below certain public facilities
153 Report and consent for buildings in areas liable to flooding (Melbourne Water Comment Required when they are floodplain management authority)
154 Report and consent for construction on designated land or designated works
A form and fee schedule applies to facilitate referrals of building designs to a council as a reporting authority, contact your local council MAV website URL council listings

Enforcement & Prosecution

Each council is responsible for enforcement of the building standards of the Building Regulations within its district – except where the Building Act provides otherwise. For example, if a private building surveyor, the Victorian Building Authority or the Crown is carrying out regulatory functions it should not be necessary that these are duplicated by a council. Each council should have a position established under carefully considered policy for circumstances where a council is requested to become involved where there is another functionary.

Council’s enforcement role includes:

• Standards of building work authorised by the municipal building surveyor
• Building subdivisions where a private building surveyor is not carrying out functions
• Standards of use authorised by occupancy permits
• Building owner responsibilities re maintenance of essential safety measures
• Building owner responsibilities re swimming pool safety
• Building owner responsibilities re installation of domestic smoke alarms

In addition to the above, Council may bring proceedings for any offence against Part 3, 4, 5, 7 or 8 of the Building Act 1993 or the Building Regulations within the municipal district.

The Victorian Building Authority or any person authorised by the Minister or the Victorian Building Authority or a member of the police force may bring proceedings for any offence against the Building Act 1993 or the Building Regulations.

Pool Safety

To prevent small children drowning, all residential swimming pools in Victoria must have physical safety barriers to restrict access of unattended children to the pool area.

At the time of writing, there are 2 sets of standards, depending on the time the pool was built:

Pools installed or approved before 8 April 1991 were required by 1/7/97 to be protected with barriers in accordance with 5.13 of the Building Regulations:

(1) This regulation applies to a swimming pool or spa:

  • on an allotment containing a Class 1 or 10 building; and
  • capable of containing a depth of water exceeding 300mm; and
  • constructed, or for which building approval was granted, before 8 April 1991.
 

(2) The owner of the swimming pool or spa must ensure that one or more of the following barriers are in place to restrict access to the part of the allotment or building containing the swimming pool or spa:

  • a wall of a building, but only if:
    • any door or gate in the wall complies with sub-regulation (3); and
    • any openable part of any window in the wall:
      • is not less than 2·4m above the ground or paving immediately external to the window; or
      • is not less than 1·5m above the floor of the room containing the window; or
      • has a catch, bolt or lock located not less than 1·5m above that floor level; or
      • has a securely fitted fly screen;
  • a fence and gate complying with AS 1926.1-1993 Fencing for swimming pools;
  • a paling, or imperforate fence if:
    • it is at least 1·5m in height measured above the ground level on the approach side; and
    • any door or gate in the fence complies with sub-regulation (3).

Penalty: 50 penalty units

(3) With respect to any door or gate providing access to the part of the allotment or building containing the swimming pool or spa, the owner of the swimming pool or spa must ensure:

  • that there is a lock or latch that prevents the door or gate, if the door or gate is in its closed position, from being opened by a person unable to reach the opening mechanism for the door or gate; and
  • that the opening mechanism is located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and
  • that the door or gate is fitted with a self locking or self latching device that is located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side.

Penalty: 50 penalty units.

(4) In this regulation, “owner” in relation to a swimming pool or spa means:

  • in the case of a swimming pool or spa on an allotment being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that allotment; and
  • in the case of a swimming pool or spa on any other allotment, the owner of that allotment.
 
 
Important Notes

(1) As of 1 July 2002 a door or gate referred to in the above Regulation 5.13 (2) (c) must be fitted with a device:

  • that is located not less than 1.5m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and
  • that returns the door or gate to its closed position:
    • from any position in the range of positions from fully open to resting on the lock or latch; and
    • from a stationary start from any position within that range without the application of manual force.

(2) Any fence to be installed or altered and forms the barrier that restricts access to the part of the allotment containing the swimming pool or spa requires a building permit. This includes swimming pool and spa safety fences and any other fence that forms the barrier e.g. pailing boundary fence. Failure to gain a building permit can result in substantial penalties.

Pools after 8 April 1991
will have been required to comply with strict pool safety performance requirements as a pre-requisite of installation approval – originally by mandatory compliance with AS 1926.1, later by standards as approved by the authorising building surveyor as meeting the following performance requirement of the Building Code of Australia:

A barrier must be provided to a swimming pool and must:

  • be continuous for the full extent of the hazard; and
  • be of a strength and rigidity to withstand the foreseeable impact of people; and
  • restrict the access of young children to the pool and the immediate pool surrounds; and
  • have any gates and doors fitted with latching devices not readily operated by young children, and constructed to automatically close and latch.
 

Note that the above applies only to a swimming pool with a depth of water more than 300 mm.

The approved barriers will have been inspected following the building approval/permit and should be evident.

General Administration & Information

Each council is responsible for the registering, keeping and giving out of information with relation to:

  • appointments of private building surveyors
  • all building permits
  • all current building notices and building orders
  • all certificates of occupancy and occupancy permits
  • dates of building inspection approval
  • building hazard areas
 

At each council you may inquire if you can view special areas maps, building permit register, notices and order register, occupancy permit register. Designated special areas-mapping