VIC State Legislation

The Statutory Flow

Act Reg Standard

Building Act 1993

→ Building Regulations 2018 (Part 15 - ESM)

→ Occupancy Permit Mandates

Why Victoria is Different

In Victoria, the legal push for maintenance falls under the **Essential Safety Measures (ESM)** framework. Unlike NSW's statewide regulation, Victoria relies heavily on the **Occupancy Permit (OP)** as the primary enforcement document.

The Victorian ESM Mandate

Owner-occupiers in Victoria must comply with Regulation 223/224 of the 2018 Regs:

  • Occupancy Permit Triggers: Your OP specifically nominates the frequency and standard (AS 1851 or otherwise) for every safety measure.
  • AESMR: The Annual Essential Safety Measures Report is the legal document that confirms your facility has met its ESM obligations for the year.
  • Council Fines: Failure to produce an AESMR during a MFB or Council audit carries significant financial penalties for the building owner.
NSW Compliance QLD Compliance