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BUILDING (INTERIM) REGULATIONS 2005 (SR NO 51 OF 2005) - SCHEDULE 8

SCHEDULE 8

Regulations 1801, 1802

EXEMPTIONS FOR BUILDINGS AND BUILDING WORK

Sch. 8

TABLE

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

1

A freestanding Class 10a building that—

(a)     has a floor area not exceeding 10m 2 ; and

(b)     is no more than 3m in height; and

(c)     is appurtenant to a building of another Class on the same allotment; and

(d)     is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and

(e)     is not constructed of masonry.

Note:     The consent of a service authority may be required to construct a Class 10a building 10m 2 or less in area over an easement vested in that authority under another Act.

All Parts

2

Repair, renewal or alteration of a part of an existing building, if the building work—

(a)     will not adversely affect the structural soundness of the building, and does not include—

(i)     an increase or decrease in the floor area or height of the building; or

All Parts

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from


(ii)     the removal or alteration of any element of the building that is contributing to the support of any other element of the building; or

(iii)     underpinning or replacement of footings; and

(b)     is done for maintenance or renewal purposes using materials commonly used for the same purpose as the material being replaced; and

(c)     will not adversely affect the safety of the public or occupiers of the building; and

(d)     is not work carried out on, or in connection with, a building included on the Heritage Register established under the Heritage Act 1995 ; and

(e)     will not adversely affect a safety measure.

Note:     This building work may require approval from the Executive Director under the Heritage Act 1995 or of the National Trust of Australia (Victoria).

Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be required to be maintained using particular materials.


Sch. 8

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from


If the contract price for the carrying out of domestic building work is more than $5000, the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995 .


Sch. 8

3

Any building that is not of a Class listed in clause A3.2 of Volume One of the BCA and clause 1.3.2 of Volume Two of the BCA.

All Parts

4

A building used only temporarily for the duration of building work—

(a)     construction purposes; or

(b)     display purposes.

All Parts

5

Temporary structures other than those to which regulation 1104 applies.

All Parts

6

A swimming pool with a depth not exceeding 300mm.

All Parts

7

A fence (other than a fence forming part of a safety barrier for a swimming pool or a fence forming part of a children's service outdoor play space)—

(a)     not exceeding 2m in height; and

(b)     not exceeding 1·5m in height when within 3m of a street alignment and which is not constructed of masonry, concrete or the like; and

(c)     not exceeding 1·2m in height when within 3m of a street alignment and which is constructed of masonry, concrete or the like; and

All Parts except reg. 424(1) and Schedule 5

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from


(d)     not exceeding 1m in height above the footpath when within 9m of a point of intersection of street alignments; and

(e)     not having barbed wire or the like within 150mm of a street alignment.


8

A chain wire fence surrounding a tennis court.

All Parts

9

Any sign that is—

(a)     less than 3m from a street alignment and does not exceed 1m in height above ground level; or

(b)     not less than 3m from a street alignment and does not exceed—

(i)     a height of 8m above ground level; and

(ii)     6m 2 in display area.

All Parts

10

Any mast, pole, antenna, aerial or similar Class 10b structure—

(a)     attached to a building and which does not exceed a height of 3m above the highest point of the attachment to the building; or

(b)     not attached to a building and which does not exceed a height of 8m.

All Parts

Sch. 8

11

Any facility (within the meaning of paragraph (b) of the definition of "facility" in section 7 of the Telecommunications Act 1997 of the Commonwealth) and construction or demolition of such a facility by a carrier (within the meaning of that section).

Part 2 and Parts 5 to 19

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

12

Any retaining wall less than 1m in height that is not associated with other building work or with protection of adjoining property.

Parts 2 to 19 except reg. 606

13

A pergola appurtenant to a Class 1a building, if the pergola—

(a)     has a floor area not exceeding 20m 2 ; and

(b)     is not more than 3m in height; and

(c)     is located no further forward on the allotment than the front wall of the building to which it is appurtenant.

Parts 2 to 19

Sch. 8

14

A re-locatable building that is a movable unit within the meaning of the Housing Act 1983 that is constructed for a community service and is to be used or intended to be used to provide temporary accommodation on a non-profit basis if—

(a)     the building has a floor area not exceeding 20m 2 ; and

(b)     the building is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and

(c)     the building or building work will not adversely affect the structural soundness of that, or any other building; and

(d)     the building or building work will not adversely affect the safety of the public or the occupiers of the building; and

Regulations in Parts 2 to 19

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from


(e)     the building is set back from an allotment boundary not less than 1m; and

(f)     the building does not exceed a height of 3·6m; and

(g)     the building work will not involve construction over an easement vested in the council or other authority specified in regulation 310.


Sch. 8

15

A relocatable building used as a State School (within the meaning of the Education Act 1958 ), a school (within the meaning of Part III of that Act), or a TAFE Institution (within the meaning of the Vocational and Education Training Act 1990 ) if—

(a)     the building has a floor area not exceeding 300m 2 ; and

(b)     the building or building work will not adversely affect the structural soundness of that, or any other building; and

(c)     the building or building work will not adversely affect the safety of the public or the occupiers of the building.

Parts 2 to 19

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