Deviations from Prescribed Safety Matters (Regulation 129)

7 min read

When a building design requires a departure from the prescribed fire safety matters under the Building Code, the report and consent of the chief officer is required. CFA no longer provides this approval. Since Fire Rescue Victoria (FRV) was formed in 2020 following the Victorian Government Fire Services Reform package, FRV now assesses applications under Regulation 129 for report and consent.

Summary

Fire Rescue Victoria (FRV) and CFA signed a Service Level Deed Agreement which sees FRV provide some services on behalf of CFA.
FRV is responsible for providing services relating to regulation 129.
Contact FRV's Building Safety Regulations Unit for more information or to make an application.

Building regulation 129

When a fire safety matter as listed in the building Regulations (for example, fire hydrants, fire control centres, fire indicator panels) doesn't meet the Deemed-to-Satisfy Provisions of the Building Code of Australia, a report and consent of the chief officer is required. For example, if building designs specify installing a fire hydrant closer to a building than Australian Standards called up in the Regulations allow, you must apply for consent to deviate from those standards in order to obtain a building permit.

Fire Rescue Victoria now provides this service

Following the formation of Fire Rescue Victoria (FRV) on the 1st of July 2020, CFA signed a Service Level Deed Agreement such that Applications for Report and Consent pursuant to Building Regulation 129(1) are now assessed and permits granted by Fire Rescue Victoria on behalf of CFA.

FRV provide a number of services on behalf of CFA in relation to the built environment for the state of Victoria. These services include statutory service delivery under the National Construction Code and Victoria’s building legislative framework, that includes:

Applications for consultation under Part A2.2(4)(a) of the Building Code of Australia/NCC;
Applications for Report and Consent pursuant to Building Regulation 129(1);
Applications for Report and Consent pursuant to Building Regulation 187(1);
Pre-applications pursuant to Building Regulation 129(1);
Reviews of Fire Engineering Briefs; and
Fire Safety Inspections and Reports for fire safety matters in buildings.

Report a fire safety issue or faulty equipment through FRV's fire safety form to keep our community safe.

Queries in relation to these matters are to be directed to Fire Rescue Victoria, Building Safety Regulations Unit or email bsr.admin@frv.vic.gov.au.

Page last updated: Friday, 17 July 2026 5:02:16 PM