Notify BPC about a residential apartment building

The developer must ensure a Notice of Intention is lodged with the BPC.

For this requirement, the developer is generally the owner of the land where the residential apartment building is being built at the time the notification is submitted.

You must notify the BPC if the project is for a residential apartment building that:

• includes 2 or more homes,
• has a rise in storeys of 4 or more, and
• is a Class 2 building, or includes a Class 2 part, under the Building Code of Australia.

In simple terms, this usually means multi-storey apartment buildings, or mixed-use buildings that include apartments, where the building is 4 storeys and higher.

Some buildings, or parts of buildings, may be excluded under the regulations.

In most cases, you must notify the BPC at least 6 months before making an application for an occupancy permit.

If the total construction period is less than 6 months, you must notify the BPC at least 30 days before making an application for an occupancy permit.

You should notify the BPC as early as possible if you think this requirement applies to your project.

The occupancy permit application date, for a residential apartment building, means the date on which an application for an occupancy permit is made in respect of the residential apartment building.

You will need to complete the residential apartment building notification form.

Before you submit

Before submitting the form, check that:

• the project details are correct
• the expected occupancy permit application date is accurate and you have attached any relevant documents requested by the BPC
• the information required on the approved notification form is consistent with the information provided on the building permit.

The form seeks additional relevant information to be submitted with notification such as architectural, engineering and building design documentation. This would include:

• Building Permit(s) and full set of stamped/approved plans (including clarification on the number of stages required, and amendments)
• Building Permit approved drawings:
  • architectural
  • civil
  • structural
  • electrical services
  • mechanical services
  • hydraulic services
  • fire services and Fire Engineering Report.

Note, where your submission of additional information with your notification exceeds the storage capacity available, you will receive an automatic link to allow you to upload your information and complete your submission.

What happens after you notify the BPC?

Once the form has been submitted, you will receive an acknowledgement confirming the BPC has received your notification.

The BPC will review the notification, together with the additional information provided, and may contact you if more information is required.

If the developer of a residential apartment building becomes aware of a change in circumstances which affects the date on which an application for an occupancy permit will be made, the developer must give a further Notice within 5 business days of becoming aware of the change in circumstances.

Business days are Monday to Friday inclusive and exclude Victorian public holidays.

The BPC will review the information and may provide an advisory report if required. Any reports will be forwarded to the developer of the building in question, as well as the Relevant Building Surveyor and the builder named in the building permit for the building work, prior to the issuing of an occupancy permit.

The BPC will contact the person who submitted the Notice to request additional information.

Once the Notice is submitted, you will receive an email acknowledgement from the BPC confirming that it has been received.

Should you require assistance with completing the form, please contact the BPC on S40Anotifications@bpc.vic.gov.au.

Failure to comply with the requirements will be regarded as a breach of Section 40A of the Building Act 1993. Heavy penalties can apply for a failure to provide a Notice within the required time.

A fine of up to 500 penalty units, in the case of a natural person and up to 2500 penalty units, in the case of a body corporate can apply.