1. Who holds the legal duty? (Sections 44B, 44C & unlimited OCs)
Under sections 44B and 44C of the Building Act 1993 (Vic) and Regulation 205E of the Building Amendment (Building Manual) Regulations 2026 (S.R. No. 87/2026), an approved building manual is the property of the owner of the building or the unlimited owners corporation (within the meaning of the Subdivision Act 1988) that relates to the building (reg 205E(b)). Under Regulation 205E(a), the approved manual must not be amended other than by formally updating it in accordance with Regulation 205F.
Specifying the unlimited owners corporation in the final S.R. No. 87/2026 text resolved ambiguity in multi-tier strata developments where one unlimited Owners Corporation sits above one or more limited Owners Corporations.
2. The strict 14-day anniversary window (Regulation 205F(2))
Unlike financial-year tax returns or AGM cycles that an Owners Corporation Manager can schedule at convenience, the Regulation 205F deadline is anchored to a building-specific statutory date:
"The approved building manual must be updated on or before the 14th day after each anniversary of the day on which the building manual for the building was approved by the relevant building surveyor under section 41B of the Act."
The trigger date is the day on which the building manual was approved by the Relevant Building Surveyor under section 41B. That date does not necessarily align with the first Owners Corporation AGM, the plan of subdivision registration date, or the inspection schedule of the Essential Safety Measures contractor. For an Owners Corporation Manager holding a portfolio of 40, 100, or 300 buildings, every building carries its own permanent 14-day compliance window.
3. Why there is never a "quiet year" (Reg 205F(3)(d)(iii))
A common misconception among strata committees is that if no renovations, building permits, or common-property capital works took place during the preceding 12 months, nothing needs to be done to the Building Manual that year.
Regulation 205F(3) makes a "nil year" impossible. Even in a building where zero building work, zero plumbing work, and zero electrical work occurred on common property, Regulation 205F(3)(d)(iii) requires every annual update to attach a copy of any annual essential safety measures (AESM) report referred to in Regulation 223 issued or created in the year preceding the anniversary day.
Because every Class 1b, Class 2, and Class 3 building with Essential Safety Measures is already required under Regulation 223 of the Building Regulations 2018 to prepare an annual ESM report before each anniversary of the Occupancy Permit, every covered building in Victoria has at least one mandatory document that must be collected, recorded on Schedule 4 Form 26, attached to the approved Building Manual within 14 days of the approval anniversary, and (from 1 January 2028) lodged with the BPC within 28 days.
4. Summary of annual update triggers (Reg 205F(3)(a)–(k) & Form 26)
Every annual update must be completed in the form of Schedule 4 Form 26 (Annual Update to an Approved Building Manual), signed with the position and date of the person providing the update (inserting N/A in cells where no work of a particular category was carried out), and attaching all triggered items from the preceding 12 months:
| Regulation 205F(3) category | What must be recorded on Form 26 & attached to the manual |
|---|---|
| Building work requiring a permit (reg 205F(3)(a)) | Description of the building work carried out in the preceding year, plus applicable Reg 205C documents relating to that work, any related Occupancy Permit, and any Certificate of Final Inspection (CFI). |
| Common-property plumbing work (reg 205F(3)(b)) | Where plumbing work to which s 221ZH of the Building Act 1993 applies was carried out on common property or a common area: a description in an Authority-approved form and a copy of the s 221ZH plumbing compliance certificate. |
| Common-property electrical work (reg 205F(3)(c)) | Where electrical work under the Electricity Safety Act 1998 was carried out on common property or a common area: a description in an Authority-approved form and a copy of the s 44 Certificate of Electrical Safety / compliance. |
| Annual maintenance & AESM report (reg 205F(3)(d)) | Mandatory every year: Copy of the Regulation 223 Annual Essential Safety Measures (AESM) report, plus any maintenance determination or maintenance schedule issued or created in the preceding year. |
| Common-property asset register updates (reg 205F(3)(e)) | Copy of any list of assets and information (reg 205A: location, replacement cost, maintenance schedule, expected service life) relating to assets on common property or a common area issued or created in the preceding year. |
| Pool & spa barrier certificates (reg 205F(3)(f)–(g)) | Copy of any certificate of pool and spa barrier compliance (reg 147Y or 147ZB) or non-compliance (reg 147ZI) for an appurtenant swimming pool/spa issued in the preceding year. |
| Exemptions & emergency orders (reg 205F(3)(h)–(i)) | Copy of any MBS/RBS exemption or partial compliance consent (regs 229, 231, 233, 234) or s 102 emergency order made in the preceding year. |
| Residential tenancies common-area checks (reg 205F(3)(j)–(k)) | Copy of any electrical safety check or gas safety check required under s 68B of the Residential Tenancies Act 1997 relating to electrical or gasfitting work carried out on common property or in a common area in the preceding year. |
5. Mandatory 24-hour emergency access (Reg 205H) and 2028 BPC lodgement (Reg 205I)
Two enforcement mechanisms back up the annual update obligation:
| Provision | Statutory timeframe | Who can demand access or lodgement |
|---|---|---|
| Regulation 205H(1)–(2) Emergency & council access |
Within 24 hours of a written or verbal request, free of charge. | Relevant council, Victorian Energy Safety Commission, Victoria Police, Australian Federal Police, Victoria State Emergency Service Authority (VICSES), Fire Rescue Victoria (FRV), and Country Fire Authority (CFA). |
| Regulation 205H(3)–(4) Practitioner & Homes Victoria access |
At any reasonable time on written request, free of charge. | Any building practitioner engaged in carrying out building work on the building, and the Chief Executive Officer of Homes Victoria (for Class 1b or Class 3 buildings). |
| Regulation 205I(1)–(2) Provision to Authority (BPC) |
Within 28 days after attachment (applies from 1 January 2028; 10 penalty units). | The Authority (Building and Plumbing Commission) must be provided with a copy of the approved building manual (including attached OP) and each Regulation 205F update within 28 days. |
6. For Owners Corporation Managers: hand off the anniversary diary
An Owners Corporation Manager overseeing 50 to 500 strata plans does not want their strata managers spending billable hours tracking rolling 14-day section 41B approval anniversaries, chasing plumbers and electricians for missing s 221ZH and s 44 common-property certificates, filling out Schedule 4 Form 26 tables, and lodging updates with the BPC within 28 days.
1. We hold the section 41B anniversary diary: Once a building enters your portfolio, we log the RBS s 41B approval date and trigger pre-anniversary workflows 45 days before the 14-day Reg 205F window opens.
2. Direct AESM and common-property certificate chasing: We coordinate with your appointed ESM compliance contractor to obtain the Regulation 223 AESM report and reconcile common-property work orders (s 221ZH plumbing, s 44 electrical, pool barrier certificates, and reg 205A asset updates).
3. Schedule 4 Form 26 execution, 24-hour access hosting, and Reg 205I lodgement: We prepare the prescribed Form 26 update, append the non-exclusive digital attachments (reg 205G), maintain 24-hour emergency and council access links (reg 205H), and handle the 28-day BPC lodgement (reg 205I) as a disbursements-recoverable strata compliance line item.