Building (General) Regulation 2008

This regulation is the Building (General) Regulation 2008.

An exemption is a disallowable instrument.

Part 2A Exemption assessments

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Important concepts

For the Act:

building work includes building work that involves handling asbestos or disturbing friable asbestos.

Examples—handling asbestos or disturbing friable asbestos

1 removal of asbestos

2 cutting a hole in a sheet of asbestos

A building or building work mentioned in schedule 1, part 1.2 is exempt from the application of the Act subject to any condition mentioned in column 3 for the building or building work.

Also, a building mentioned in schedule 1, part 1.2, items 2 to 15 is not exempt if the building is erected at affected residential premises.

A building or building work mentioned in schedule 1, part 1.3 is exempt from the application of the parts of the Act stated in column 3 subject to any condition mentioned in column 4 for the building or building work.

Also, a building or building work mentioned in schedule 1, part 1.3 (other than a building mentioned in item 26) is not exempt if building work at the building may affect—

the structural integrity of any part of a building for which a certificate under the Act, part 5 (Building occupancy) has been issued; or

a fire-rated wall, ceiling or floor; or

a ventilation or air-handling system, fire protection system or other mechanical service; or

a fire-escape, emergency lift, stairway, exit or passageway to an exit; or

the natural light or ventilation available to a building for which a certificate under the Act, part 5 (Building occupancy) has been issued; or

the building in a way that reduces its compliance with the building code to a level that is less than the minimum requirements of the code.

Example—par (f)

A house built in 1996 complies with the building code as in force in 1996 (the 1996 building code). Although the house was not required to be energy‑efficient under the 1996 building code, the house has an energy efficiency rating of 3 stars under the building code as currently in force. If building work on the house alters the house in a way that causes its energy efficiency rating to drop below 3 stars, the building work is not exempt under sch 1, pt 1.3 (other than a building mentioned in item 26).

Subsection (4) does not apply to building work mentioned in schedule 1, part 1.3, item 25, if—

the building work complies with the minimum requirements of the building code; and

the building work does not reduce the thickness of the material from which the sample material is removed by more than 1mm; and

no dimension of the sample material is more than 10mm.

Also, a building or building work mentioned in schedule 1, part 1.3 is not exempt if—

the building is being substantially altered; and

the building work is required to ensure the building alteration complies with the Act and the building code as required by the Act, section 29 (1) (a).

Also, a building or building work mentioned in schedule 1, part 1.3, items 14 to 16, 23 and 24 is not exempt if the building is erected or the work is undertaken at affected residential premises.

In this section:

substantial alteration—see section 23.

The Minister may exempt a building from the application of the Act, conditionally or otherwise, for a stated period of not longer than 1 year.

Example—conditions

1 restricting the number of people allowed in a building

2 requiring work on the building to be done by a licensed builder

An exemption is a disallowable instrument.

Part 2A Exemption assessments

The number of copies prescribed is—

1 in electronic form; and

if the building surveyor asks for paper copies—3 copies.

The following details are prescribed:

in relation to the parcel—

the block and section number and division; and

the street name and number; and

if relevant—the unit number or shop number;

in relation to the applicant—

if the applicant is an entity—the full name of the entity; and

if the applicant is a company—the company name and the Australian Company Number (ACN); and

the postal address; and

if the applicant has an email address—the email address; and

the contact telephone number; and

if the applicant has a fax number—the fax number;

a brief description of the building work;

whether the building work has been carried out and, if so, the commencement and completion dates of the building work.

If building work the subject of an application for an exemption assessment relates to a development proposal to which the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.18 applies, the application must be accompanied by a written notice that the section has been complied with within 2 years before the day the application is made.

Example—written notice

a copy of any form prepared for the Planning (Exempt Development) Regulation 2023, sch 1, s 1.18 and a statement about how and when it was given

The information set out in section 12 (2) (a), (d), (f) and (h) is prescribed.

The requirements set out in section 16 (2) and section 17 (2) are prescribed.

The following are prescribed:

any information that was used by the building surveyor in assessing whether the building work is exempt or not;

the building surveyor’s full name and licence number;

if the building surveyor is a corporation—the building surveyor’s ACN;

the building surveyor’s postal address, email address (if any), contact telephone number and fax number (if any);

the building surveyor’s signature or, if the building surveyor is not an individual, the signature of the building surveyor’s nominee under the Construction Occupations (Licensing) Regulation 2004, section 15 (2);

the date of the notice.