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BUILDING ACT 1975 - SECT 246O

Prohibitions or requirements that have no force or effect

246O Prohibitions or requirements that have no force or effect

(1) This section applies to a relevant instrument that, but for this section, would have the effect of—
(a) prohibiting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or
(b) prohibiting—
(i) the use in a prescribed building of a window that is energy efficient; or
(ii) the treatment of a window in a prescribed building to ensure the window is energy efficient; or
(c) requiring—
(i) a minimum floor area for a class 1a building, but not a minimum frontage unless the requiring of a minimum frontage has the effect of construction of a less energy efficient building; or
(ii) a minimum number of bathrooms or bedrooms for a class 1a building; or
(iii) a class 1a building or an enclosed class 10a building attached to a class 1a building to be orientated on a parcel of land in a particular way, if orientating the building in the particular way would have the effect of construction of a less energy efficient building; or
(d) prohibiting the installation of a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building.
(2) For a prohibition or requirement mentioned in subsection (1) (a) to (c) , the relevant instrument has no force or effect to the extent of the prohibition or requirement.
(3) For a prohibition mentioned in subsection (1) (d) , the relevant instrument has no force or effect to the extent the prohibition applies merely to enhance or preserve the external appearance of the building.
Example of prohibition applying for other than a purpose mentioned in subsection (3)—
The installation of a solar hot water system with a roof storage tank on a roof might be prohibited because an engineering report shows the system would be too heavy for the roof.



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