1. The statutory structure: sections 41A–44D and Part 13A
Victoria's mandatory building manual regime operates through a two-tier legislative framework. The head powers and offences were inserted into Part 5, Division 1 of the Building Act 1993 (Vic) by the Building Legislation Amendment Act 2023 (sections 41A, 41B, 44A, 44B, 44C, and 44D), while the operational trigger, prescribed building classes, required contents, digital formats, and update forms remained dormant until made under the Building Amendment (Building Manual) Regulations 2026 (S.R. No. 87/2026).
Under Regulation 3 of S.R. No. 87/2026, the amending regulations come into operation on 1 February 2027. They amend Regulation 186 and Schedule 4 Form 15 (Application for Occupancy Permit), insert a new Part 13A (Building Manuals, Regulations 205A to 205I) into the Building Regulations 2018, and insert a new prescribed Form 26 into Schedule 4 for annual updates.
Industry summaries frequently confuse whether the 1 February 2027 commencement date applies to the building permit or the occupancy permit. The statutory rule separates the trigger date from the submission gate:
1. The trigger (Regulation 205B): A building of a prescribed class is caught if the application for a building permit to construct the building is made to a building surveyor on or after 1 February 2027.
2. The submission gate (s 41A(1) & reg 186(2)(b)(iii)): For every building triggered under Regulation 205B, the draft building manual must accompany the Form 15 application for the Occupancy Permit and be approved by the Relevant Building Surveyor under s 41B before the Occupancy Permit is issued. Where a building is constructed under staged permits, s 41A(2) specifies that the requirement applies to the application for the final occupancy permit.
2. Which buildings are caught under Regulation 205B?
For the purposes of section 41A(1) of the Building Act 1993, Regulation 205B prescribes four categories of new buildings where the building permit application to construct the building is made on or after 1 February 2027:
- Multi-unit residential apartment buildings of any height or storey count (Class 2, prescribed under reg 205B(b)).
- Residential buildings other than Class 1 or 2 providing long-term or transient accommodation for unrelated persons, including boarding houses, guest houses, hostels, student accommodation, and residential care buildings (Class 3, prescribed under reg 205B(b)).
- Mixed-use buildings defined under reg 205B(c) as "any Class of building that includes a Class 2 or Class 3 building" (for example, a four-storey building with Class 6 retail tenancies on the ground floor, Class 7a basement car parking, and Class 2 apartments above).
- Boarding houses, guest houses, hostels, or rooming houses not exceeding 300 m² and 12 residents, or 4 or more single dwellings on one allotment used for short-term holiday accommodation (Class 1b, prescribed under reg 205B(a)), unless the building satisfies all five limbs of the narrow owner-operated exemption.
The narrow Class 1b owner-operated exemption (Reg 205B(a)(i)–(v))
Following public consultation, Regulation 205B(a) exempts a Class 1b building only if it meets every one of five cumulative conditions:
- It is comprised of not more than 3 dwellings located on the same allotment; and
- It has an indoor area of 200 m² or less; and
- It is used for short-term accommodation being a guest house or a bed and breakfast establishment; and
- It provides accommodation for no more than 6 guests; and
- It includes the owner's principal place of residence and the owner operates the short-term accommodation business.
Any commercial rooming house, NDIS or supported accommodation Class 1b building, or investor-owned Class 1b development fails the principal-place-of-residence and guest-house tests and requires a Regulation 205C Building Manual.
What about standalone Class 1a houses and commercial Class 5–9 buildings?
Standalone Class 1a detached dwellings and townhouses, and standalone Class 5–9 commercial or industrial buildings that do not include a Class 2 or Class 3 part, are not prescribed under Regulation 205B. However, builders delivering multi-townhouse Class 1a projects or commercial Class 5–9 projects under AS 4000, AS 4902, or ABIC contracts still face contractual Practical Completion preconditions requiring complete Operations and Maintenance (O&M) handover manuals before the Superintendent or Contract Administrator certifies Practical Completion.
3. What changed between the exposure draft and final S.R. No. 87/2026?
Several early legal blogs and industry summaries published in 2025 are now outdated because the Victorian Government made five material amendments before gazetting the final Building Amendment (Building Manual) Regulations 2026 on 23 June 2026:
| Regulatory element | 2025 exposure draft proposal | Final S.R. No. 87/2026 rule (in force 1 Feb 2027) |
|---|---|---|
| Commencement date (Reg 3) | Proposed mid-2025 / 2026 start | Deferred to 1 February 2027 to allow industry preparation. |
| Early permit application docs (Regs 24 & 29) | Included in draft Reg 205C(b) & (c) | Removed completely from final Reg 205C to eliminate administrative duplication of early-stage permit application forms. |
| BPC submission (Reg 205I) | Immediate lodgement upon OP | Deferred until 1 January 2028 (reg 205I(1)). From 1 Jan 2028, manuals and updates must be lodged within 28 days (10 penalty units). |
| Multi-tier Owners Corporations (Regs 205A, 205E–205I) | Referenced "owners corporation" generally | Clarified to apply specifically to the unlimited owners corporation (within the meaning of the Subdivision Act 1988). |
| Pre-lining & waterproofing inspections | Bundled in the same draft regulations | Removed entirely from S.R. No. 87/2026 (note the title changed to Building Amendment (Building Manual) Regulations 2026). |
4. Regulation-by-regulation summary (Part 13A: Regs 205A–205I)
Each regulation in Part 13A of the Building Regulations 2018 (inserted by Regulation 7 of S.R. No. 87/2026) governs a specific stage of the building manual lifecycle:
| Provision | Statutory title | Operational requirement under S.R. No. 87/2026 |
|---|---|---|
| Reg 205A | Definitions | Defines common area (Class 1b/3), common property (Owners Corporations Act 2006), unlimited owners corporation (Subdivision Act 1988), and list of assets and information (requiring both a list of chattels, fixtures, fittings, and services on common property/common areas including lifts, heating, HVAC, water pumps, fire safety systems, and back-up generators, and information on each asset's location, replacement cost, maintenance schedule, and expected service life). |
| Reg 205B | Classes of building in respect of which draft building manual required | Prescribes Class 1b (subject to the 5-limb small owner-operated guest house/B&B exemption), Class 2, Class 3, and any Class of building that includes a Class 2 or Class 3 building where the building permit application to construct the building is made on or after 1 February 2027. |
| Reg 205C | Information to be contained in draft building manual | Sets out 13 prescribed categories (reg 205C(a)–(m)) required in the draft manual accompanying the Form 15 OP application: Authority-approved summary (a), Reg 31/Schedule 5 items 25–30 reporting authority consents (b), Reg 37 building permit, Reg 39(1)(b) documents and pre-permit computations/reports (c), Reg 38 performance solution determinations (d), s 84/Reg 113 protection work notices (e), Reg 181 building orders (f), council lodgement sets under ss 30(1), 30(1A), and 73(1A)/Reg 203 (g, h, j), Reg 186(2)(b) OP application package (i), s 106 building notices (k), Reg 205A common-property asset list (l), and unlimited OC warranties (m). |
| Reg 205D | Attaching occupancy permit | An OP applicant given a copy of the approved building manual under s 41B(3) and issued with an Occupancy Permit must attach the Occupancy Permit to the approved building manual within 28 days after issue. |
| Reg 205E | Keeping approved building manual | The approved manual is the property of the building owner or unlimited owners corporation and must not be amended other than by updating it in accordance with Regulation 205F. |
| Reg 205F | Updating approved building manual | Must be updated in the form of Schedule 4 Form 26 on or before the 14th day after each anniversary of RBS approval under s 41B, attaching building permit work records, s 221ZH plumbing compliance certificates, s 44 electrical certificates of compliance, maintenance records including the Regulation 223 Annual Essential Safety Measures (AESM) report, updated asset lists, pool/spa barrier certificates (regs 147Y, 147ZB, 147ZI), exemptions (regs 229–234), emergency orders (s 102), and Residential Tenancies Act 1997 s 68B common-property electrical and gas safety checks. |
| Reg 205G | Format of building manual | Permits .doc/.docx, .pdf, .xls/.xlsx, .jpg, .rtf, .gif, .tiff, or any open-source format (205G(a)), and prohibits any format subject to an exclusive licence (205G(b)). |
| Reg 205H | Access to approved building manual | Owner or unlimited OC must provide inspection access free of charge within 24 hours of a written or verbal request by a relevant council or emergency service (Energy Safe Victoria, Victoria Police, AFP, VICSES, Fire Rescue Victoria, CFA), and at any reasonable time on written request by an engaged building practitioner or the CEO of Homes Victoria (for Class 1b/3). |
| Reg 205I | Provision of approved building manual to Authority | Applies from 1 January 2028. Requires the owner or unlimited OC to provide the approved building manual (with attached OP) and each Reg 205F update to the Authority (BPC) within 28 days. Penalty: 10 penalty units. |
Because Regulation 205C incorporates cross-referenced permit conditions, Regulation 38 performance solutions, Section 30 council lodgements, and a costed common-property asset register (reg 205A), a generic spreadsheet will not tell your Contract Administrator which documents are missing until the Relevant Building Surveyor refuses to sign off your Occupancy Permit. Request a structured project readiness assessment below.