Fire safety compliance is one of the most consequential areas of building regulation for property developers in Victoria. Whether you are delivering a multi-storey apartment building in Box Hill, a mixed-use development in Camberwell, or a townhouse project in Glen Waverley, understanding how fire safety requirements apply to your project can be the difference between a smooth approval process and costly rectification orders after construction.
Victoria’s fire safety regulatory framework has undergone significant change over the past several years, and 2025–26 has brought further reforms that directly affect developers. The establishment of the Building and Plumbing Commission (BPC) on 1 July 2025, new mandatory building manual requirements, and ongoing enforcement action by regulators mean that fire safety compliance must be considered from the earliest stages of project planning — not as an afterthought during construction.
This article outlines the key fire safety building regulations applicable to Victorian property developers, the regulatory bodies involved, recent legislative changes, and the practical steps you may need to take to keep your project compliant and on programme. SQM Architects has delivered projects across Melbourne’s Eastern Suburbs over more than 15 years, and fire safety integration is a core part of how we approach every development from concept through to occupancy permit.
The Regulatory Framework: Who Governs Fire Safety in Victoria?
Fire safety in Victoria’s built environment is governed by a layered framework involving multiple agencies, each with distinct responsibilities. Understanding which body has authority over which aspect of your project is essential for efficient project delivery.
The primary legislative instruments are the Building Act 1993 and the Building Regulations 2018, which give legal effect to the National Construction Code (NCC) — specifically Volume One for Class 2 to 9 buildings. These regulations set minimum standards for fire resistance, passive fire protection, essential safety measures (ESMs), and occupancy requirements.
As of 1 July 2025, the Building and Plumbing Commission (BPC) replaced the Building and Plumbing Commission (BPC) as the primary building regulator. The BPC consolidates the functions of the BPC, Domestic Building Dispute Resolution Victoria (DBDRV), and the domestic building insurance arm of the Victorian Managed Insurance Authority (VMIA). For developers, this means a single integrated regulator now oversees building quality control, including fire safety compliance, insurance, and dispute resolution.
Fire Rescue Victoria (FRV) plays a statutory role in the building system, providing expert advice and processing applications under Building Regulation 129(1) — the mechanism by which fire authorities assess and consent to certain building works. The Country Fire Authority (CFA) retains responsibility for planning controls and fire safety advice in country Victoria, with FRV providing services on CFA’s behalf under a Service Level Deed Agreement established in July 2020.
National Construction Code 2022: Fire Safety Provisions That Apply Now
The NCC 2022 became mandatory in Victoria from 1 May 2023, introducing a range of updated fire safety provisions that developers and their design teams must address in all new projects. These changes are not optional — non-compliance identified during inspections can result in stop-work orders, rectification requirements, and referral to the BPC for disciplinary action.
Key NCC 2022 fire safety updates relevant to developers include:
- Fire safety of external walls: Clarifications to concessions from non-combustibility requirements, and new provisions preventing the fixing of certain bonded laminated cladding panels by adhesive only. This directly addresses lessons learned from combustible cladding incidents nationally.
- Sprinkler systems and smoke alarms: Enhanced provisions for sprinkler systems and smoke alarm placement in specific building classes, including Class 2 apartment buildings.
- Fire-resistant materials: Updated requirements for fire-resistant materials in nominated building types, with clearer guidance on performance solutions versus deemed-to-satisfy pathways.
- Early childhood centres and primary schools in multi-storey buildings: New provisions addressing evacuation challenges for young occupants on upper levels — relevant for mixed-use developments incorporating these uses.
- Service penetrations: Tightened requirements for the protection of service penetrations through fire-rated and smoke-proof walls — an area the BPC has identified as a common non-compliance issue in its proactive inspection programme.
Developers should note that the NCC is updated on a three-year cycle. While NCC 2022 is the current operative version, planning for NCC 2025 changes — expected to be adopted in Victoria from 2026 — should form part of longer-term project pipeline considerations.
Essential Safety Measures: Ongoing Obligations for Developers and Owners
Essential Safety Measures (ESMs) are the fire, life safety, and health systems required to be installed, maintained, and reported on throughout the life of a building. For developers, ESM obligations do not end at practical completion — they transfer to building owners and owners corporations, and deficiencies identified post-occupancy can result in enforcement action.
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The BPC has identified ESMs as a regulatory priority, noting that some ESMs required for fire, life safety, and health are not installed or appropriately constructed in buildings to ensure adequate levels of fire safety and protection over the building’s life. Common non-compliance issues identified through the BPC’s Proactive Inspection Programme (PIP) include:
- Fire separation and fire resistance deficiencies
- Improper design and installation of fire walls, smoke doors, and protection of openings
- Incorrect installation and maintenance of wet fire protection systems
- Non-compliant passive fire control systems in residential and commercial buildings
The BPC has established Victoria’s first ESM Enhancement Programme, which includes webinars, practice notes, and an ESM Responsibilities Framework to assist practitioners and building owners. Developers delivering Class 2 apartment buildings or Class 3 buildings should ensure their project teams are familiar with this framework, as it sets out the responsibilities of each party — from design through to ongoing maintenance.
Annual ESM reports are required for most commercial and multi-residential buildings. These must be prepared by suitably qualified practitioners and retained by the building owner. Failure to maintain ESMs can expose owners to significant liability and enforcement action by the BPC or local council.
Combustible Cladding: Ongoing Compliance Obligations
The combustible cladding issue continues to be an active area of regulatory focus in Victoria. FRV monitors combustible cladding on existing buildings, and the BPC has continued to take enforcement action against practitioners who have approved or installed non-compliant or unauthorised combustible cladding.
For developers, the practical implications are clear. Any project involving external wall cladding — whether new construction or refurbishment — must use compliant, non-combustible products or products that meet the fire hazard property requirements of the NCC. The Victorian Statewide Cladding Audit, established under the former BPC and now administered by the BPC, has identified a significant number of buildings requiring rectification works.
Developers acquiring existing buildings for conversion or refurbishment should conduct thorough due diligence on cladding compliance as part of their pre-acquisition assessment. Rectification costs can be substantial, and the BPC now has powers to issue rectification orders directing builders and developers to fix poor work — including after occupancy.
Building Regulation 129: Report and Consent for Fire Authority
Building Regulation 129(1) is a critical mechanism that many developers encounter when seeking a building permit for projects that involve departures from the deemed-to-satisfy provisions of the NCC relating to fire safety. Under this regulation, a building surveyor may require a report and consent from the relevant fire authority before issuing a building permit.
Since July 2020, FRV provides these services on behalf of CFA across Victoria. Applications for report and consent under Regulation 129(1), pre-applications, and reviews of Fire Engineering Briefs are all directed to FRV’s Building Safety Regulations Unit. Developers and their architects should factor FRV review timeframes into their project programmes, as this process can add several weeks to the pre-permit phase if not anticipated early.
Performance solutions — formerly known as alternative solutions — are commonly used in complex developments where the deemed-to-satisfy pathway is not achievable or not cost-effective. A Fire Engineering Brief (FEB) and subsequent Fire Engineering Report (FER) are typically required to support a performance solution, and FRV review of the FEB is a standard part of this process. SQM Architects coordinates this process as part of our design and documentation service for Eastern Suburbs developers.
2025–26 Building Reforms: What Developers Must Act On Now
The Building Legislation Amendment (Buyer Protections) Act 2025, which received Royal Assent on 3 June 2025, introduced a series of reforms with direct implications for fire safety compliance and project delivery. Developers active in the Eastern Suburbs market should be across the following changes.
Building and Plumbing Commission (BPC) — New Powers
The BPC, operational from 1 July 2025, has new powers that extend beyond those of the former BPC. These include rectification orders directing builders and developers to fix poor work — including after occupancy — and a new bond requirement for developers of apartment buildings above three storeys. The bond is the first step towards a 10-year insurance product for apartment buildings, which may have significant implications for project financing and risk management for developers delivering Class 2 buildings.
Mandatory Building Manuals
From 30 June 2025, new requirements apply for building manuals for Class 1b, Class 2, and Class 3 buildings (and any building class that includes a Class 2 or Class 3 component). The Building Amendment (Building Manuals and Mandatory Inspections) Regulations 2025 prescribe that a draft building manual must accompany the building permit application for these building classes.
The building manual serves as a single repository of all relevant information relating to a building’s construction and subsequent building works, including maintenance. From a fire safety perspective, this is significant — the manual will need to include fire safety documentation, ESM schedules, and records of all relevant inspections and certifications. Developers should discuss building manual requirements with their building surveyor and architect at the earliest opportunity, as this documentation obligation runs throughout the building’s operational life and will transfer to the owners corporation on completion.
Mandatory Notification Stages
The 2025 regulations also prescribe two additional mandatory notification stages during construction, including a requirement for notification before covering any part of the framework. For fire safety, this is particularly relevant — passive fire protection elements such as fire-rated wall assemblies and penetration seals must be inspected and documented before being concealed. Developers should ensure their construction programmes account for these mandatory hold points to avoid delays.
Expanded Building Industry Registration
The framework for building industry registration is being expanded to include building consultants and site supervisors. A new restricted class for fire service technicians has already been introduced to ensure practitioners have the required skills and knowledge. Developers should verify that all fire safety practitioners engaged on their projects hold current registration with the BPC.
Bushfire Management Overlay: Eastern Suburbs Considerations
While Melbourne’s inner Eastern Suburbs are generally not subject to the Bushfire Management Overlay (BMO), parts of Manningham City Council, Knox City Council, and Maroondah City Council include areas where bushfire risk is a planning consideration. Developers with sites in or near these areas may need to address bushfire attack level (BAL) requirements under the NCC, which prescribe construction standards for external walls, roofs, windows, and decks based on the assessed fire risk.
The CFA provides expert advice to councils and the Minister for Planning on planning controls related to bushfire risk. Where a planning permit application triggers CFA referral, developers should engage with the CFA’s requirements early in the design process to avoid late-stage design changes. SQM Architects has more than 15 years of experience navigating planning requirements across the Eastern Suburbs, including sites with bushfire overlays.
Frequently Asked Questions
What is the difference between active and passive fire protection, and why does it matter for my development?
Active fire protection systems include sprinklers, fire detection systems, and hydrants — systems that respond when a fire occurs. Passive fire protection refers to the structural elements that contain fire and smoke, such as fire-rated walls, floors, smoke doors, and penetration seals. Both are required under the NCC, but passive fire protection deficiencies are among the most common non-compliance issues identified by the BPC’s inspection programme. Ensuring both systems are correctly designed and installed is essential for obtaining an occupancy permit.
When does my project need a report and consent from FRV under Building Regulation 129?
A report and consent from FRV may be required when your building surveyor determines that the proposed building work involves a departure from the deemed-to-satisfy provisions of the NCC relating to fire safety. This commonly arises in complex or non-standard building configurations, performance solution pathways, or where fire engineering is used to justify an alternative approach. Your building surveyor and architect should identify this requirement early in the design process to allow adequate time for FRV review.
What are the new building manual requirements, and how do they affect my Class 2 apartment project?
From 30 June 2025, a draft building manual must accompany building permit applications for Class 2 apartment buildings. The manual must include the building permit application, design documentation, inspection records, and fire safety information, and must be updated throughout the building’s life. The owner or owners corporation is responsible for maintaining the manual after completion, so developers should ensure the handover process includes a complete and compliant building manual.
What powers does the BPC have if fire safety defects are identified after my building is occupied?
The BPC now has the power to issue rectification orders directing builders and developers to fix poor work, including after occupancy. This is a significant expansion of regulatory powers compared to the former BPC. Developers should ensure that fire safety systems are correctly designed, installed, and certified before seeking an occupancy permit, as post-occupancy rectification can be costly and reputationally damaging.
Do combustible cladding restrictions apply to my renovation or refurbishment project?
Yes. NCC 2022 provisions relating to fire safety of external walls apply to new construction and, in many cases, to significant refurbishment works. If your project involves replacing or adding external wall cladding, the materials used must comply with the non-combustibility requirements or fire hazard property provisions of the NCC. Pre-acquisition due diligence on existing cladding compliance is strongly advisable for any building acquisition intended for conversion or refurbishment.
How do ESM obligations transfer from developer to owners corporation?
At practical completion, the responsibility for maintaining and reporting on ESMs transfers to the building owner or owners corporation. Developers should ensure that all ESMs are correctly installed and certified before the occupancy permit is issued, and that the owners corporation is provided with a complete ESM schedule and maintenance programme. Failure to maintain ESMs after handover can result in enforcement action against the owners corporation, which may in turn create liability for the developer if defects are traced back to the original construction.
Are there fire safety implications in the new Clause 54 planning standards that commenced in September 2025?
Recent amendments to Clause 54 planning standards updated provisions for single dwellings and small second dwellings on lots under 300 square metres. While the primary focus of these changes is on liveability, amenity, and sustainability, the updated standards interact with Building Regulations 2018, which will be updated to align with the new planning requirements. Developers working on small lot projects should confirm with their architect and building surveyor that fire safety provisions under the NCC are addressed alongside the new planning standards.
Conclusion
Fire safety building regulations in Victoria are more complex and more actively enforced than at any previous point. The establishment of the BPC, mandatory building manual requirements, expanded rectification powers, and ongoing NCC 2022 compliance obligations mean that developers who treat fire safety as a late-stage checklist item are taking on significant risk. The most effective approach is to integrate fire safety planning into the earliest stages of project design — from site acquisition through to building permit documentation and construction inspection hold points.
SQM Architects has delivered projects across Melbourne’s Eastern Suburbs, with fire safety compliance integrated into every stage of our design and documentation process. If you are planning a development in the City of Whitehorse, City of Boroondara, Manningham City Council, City of Monash, Knox City Council, or Maroondah City Council and would like to understand how current fire safety regulations may apply to your project, contact our team for a complimentary site assessment or call us on (03) 9005 6588.
This article provides general information about Victorian building regulations for property developers. It does not constitute professional advice. For specific guidance on your project, contact SQM Architects for a complimentary site assessment.
