Notice of decision

Subordinate Legislation Act 1994

I, Nick Staikos MP, Minister for Housing and Building and Minister responsible for administering the Building Act 1993 (the Building Act), give notice under section 12 of the Subordinate Legislation Act 1994 of my decision to recommend that the Building Amendment (Building Manuals) Regulations 2026 (the proposed Regulations) be made.

A consultation draft of the proposed Regulations and a regulatory impact statement were made available for public comment and submissions on the Engage Victoria website from 18 March 2025 to 25 May 2025. The Department of Transport and Planning received 21 formal written submissions and 722 survey responses during the consultation period.

The proposed Regulations support the operation of the building manual requirements under the Building Act 1993, establishing a building documentation framework for Class 1b, 2, and 3 buildings to bridge the information gap between practitioners and consumers.

The proposed Regulations require:

• relevant building surveyors to verify the completion of a building manual before issuing an occupancy permit
• the building manual to contain key final documents, including building permits, council documents, lists of common property assets, and warranties
• critical safety and structural records within the manual, including performance solution determinations, fire safety certificates, and official compliance reports
• owners or unlimited owners corporations to update the building manual at least annually to maintain a living record throughout the life of the building.

After consideration of the feedback received through the public consultation process, I have decided that the proposed Regulations should be made with the following changes:

• Amendments defer the commencement date for the regulations to 1 February 2027 to give the building industry sufficient time to prepare.
• Submission requirements of manuals to the Building and Plumbing Commission (BPC) under Regulation 205I will be further deferred until 1 January 2028.
• Early-stage approvals (Regulation 24) and permit applications (Regulation 29) are removed from the required content list to reduce administrative costs and complexity for industry practitioners.
• Regulation 205B exempts smaller owner-operated Class 1b guest houses and bed and breakfasts that meet specific criteria, including having no more than three dwellings on an allotment and a maximum of six guests.
• Regulation 205F clarifies that building manual obligations apply specifically to unlimited owners corporations, resolving confusion in multi-tier developments.
• The separate proposal for additional mandatory inspections at the pre-lining and waterproofing stages has been completely removed from these regulations to enable the development of an alternative approach.

These amendments provide more certainty to industry and consumers regarding building documentation obligations, lower administrative burdens, and target the highest-risk residential settings effectively.

After the proposed Regulations are made, they will become available for download from www.legislation.vic.gov.au

A statement of reasons summarising the feedback raised in consultation through submissions and surveys, and the rationale for the final form of the proposed Regulations, will be published on the Engage Victoria website.