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Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023

On 26 September 2023, the Governor in Council amended the Building Regulations 2018. The amendments enable:

  • Delayed implementation for energy efficiency, condensation management and livable housing requirements until 1 May 2024. Until then, practitioners may continue to use relevant NCC (National Construction Code) 2019 requirements.
  • Regulatory integration of the latest fire safety sprinkler standards referenced in the Victorian Schedule 10 to NCC 2022 Volume One.
  • Removal of duplicated requirements for bushfire protection for Class 9 buildings.
  • Updated references to reflect the new clause referencing system of the NCC 2022.

FAQs

When did the building amendments come into effect?

On 26 September 2023, when the Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023 were made by the Governor in Council.

What are the key regulatory amendments affecting building practitioners?

RegulationDescription of change
5, 29(b), 125, 128(1), 145(2), 145(3), 146(2), 147(2), 147(4), 147(5), 151, 152(2), 152(3), 164(1), 164(2), 165, 166F(1), 235, 236(4), 236(5), 237, 240(1), 240(2) and Item 5 of Table in Schedule 3 Amended BCA clause references to align with new clause referencing system introduced in BCA 2022
10A New regulation to confirm extended transitional arrangements for NCC 2022 provisions of energy efficiency, condensation management and livable housing, with a commencement date of 1 May 2024
147AA New regulation to vary the versions of AS 2118.1, FPAA101D and FPAA 101H referenced in Vic Table 2 of Schedule 2 to Schedule 10 of NCC 2022 Volume One, to refer to the latest versions.
158 This regulation has been revoked to align with new Part G5 requirements introduced in NCC 2022 Volume One. A Victorian variation has been included in Part G5 to include application of Class 4 parts of those buildings to address the regulatory gap of revoking Regulation 158.
Schedule 4 – Form 2 Amended to include requirement to report exemption from or consent to partial compliance relating Clause H8D2(2) of BCA Volume Two.

How can I get a copy of the amendment regulations?

The Amendment Regulations can be found on the Victorian Government Legislation website.

What are the bushfire protection requirements for Class 9 buildings following revocation of Regulation 158?

The bushfire protection requirements for Class 9 buildings are found in NCC 2022 Volume One Part G5. These include prescriptive requirements for specified Class 9 buildings located in a bushfire prone area with a Bushfire Attack Level (BAL) not exceeding 12.5 determined in accordance with AS 3959. Where the specified Class 9 building is located in an area with a BAL exceeding 12.5, a performance solution is required to demonstrate compliance with the relevant performance requirements.

Part G5 of NCC 2022 Volume One can be accessed on the ABCB website, and for more information on the new requirements head to the ABCB’s webinar NCC 2022 Volume One – Ancillary provisions.

What versions of fire sprinkler standards AS 2118.1, FPAA101D and FPAA101H do I need to comply with?

The applicable versions as included in the amendment regulations are as follows:

StandardTitleVersion
AS 2118.1Automatic fire sprinkler systems – Part 1, General systems2017 (incorporating amendments 1 and 2)
FPAA101DAutomatic Fire Sprinkler System Design and Installation – Drinking Water Supply2021
FPAA101HAutomatic Fire Sprinkler System Design and Installation – Hydrant Water Supply2018 (incorporating amendment 1)

Do I need to report the exemption from / consent to partial compliance to livable housing provisions for Class 1 buildings in BAMS?

No, this reporting item is only limited to Form 2 – Building Permit of the Building Regulations 2018.

Last updated 30 June 2026
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