Remediation Work Proposals – Building permit requirements

A smoke alarm is a device that will detect the presence of smoke and alert building occupants to the presence of a possible fire to enable occupants to evacuate. A smoke alarm may be battery operated or hard-wired.

A heat detector senses and responds to temperature increases caused by fire. A heat detector may be battery operated or hard wired and will usually send a message to the central fire alarm panel when a predetermined temperature point is reached, alerting building occupants and emergency services to the presence of a fire.

Installation of smoke alarms and heat detectors will reduce the consequence of a cladding related fire through early occupant warning.

The Building Act 1993 governs the carrying out of building work in Victoria. A building permit is required for all building work proposed to be carried out, unless an exemption applies.

Building work is defined by the Building Act to mean work for or in connection with the construction, demolition or removal of a building, and includes repairs, alterations and extensions to the building.

Exemptions to building permit requirements are listed in Schedule 3 to the Building Regulations 2018 (Vic).

The installation of a hard-wired smoke alarm in isolation involves electrical work rather than building work and therefore does not fall within the remit of the Building Act. A building permit would therefore not be required for that work.

The installation of a battery-operated smoke alarm in isolation does not involve electrical work or building work and therefore does not fall within the remit of the Building Act. A building permit would therefore not be required for that work.

The installation of a hard-wired heat detector in isolation involves electrical work rather than building work and therefore does not fall within the remit of the Building Act. A building permit would therefore not be required for that work.

The installation of a battery-operated heat detector in isolation does not involve electrical work or building work and therefore does not fall within the remit of the Building Act. A building permit would therefore not be required for that work.

Even if the installation of a smoke alarm or heat detector was considered building work, an exemption under item 4, Schedule 3 to the Building Regulations will be available because the building work:

• will not adversely affect the structural soundness of the building, and does not include changes to the floor or height, underpinnings or footings or support of the building;
• will not project beyond the street alignment;
• will not adversely affect the safety of the public or occupants;
• is not work in relation to a building on the Heritage Register (where applicable);
• is not work related to and will not adversely affect Essential Safety Measures (ESM) relating to the building.

Notably, an exemption is available where building work is not work related to and will not adversely affect ESMs in the building.

ESMs are safety features required in a building to protect occupants in the event of a fire. Smoke and heat detection systems are specified as ESMs in Schedule 8 to the Building Regulations.

However, the inclusion of these systems in Schedule 8 does not in itself mean that a smoke or heat detection system is related to existing ESMs in a building. Rather, a smoke or heat detection system will be considered an ESM if its installation is required by the Act or Regulations. This is usually a matter that is considered on the construction of a building.

The installation of new smoke alarms or thermal detectors in a building, by a qualified and licensed electrician will not adversely affect ESMs, and therefore the exemption under item 4 of Schedule 3 to the Building Regulations will apply.