Certifier issuing building approval etc without development approval––Act, s 152

In force

(1)

A certifier who is a person commits an offence if—

(a)

the certifier issues a building approval, or approves amended plans, for the building of a single dwelling on a block; and

(b)

the dwelling will be the first dwelling built on the block; and

(c)

there is no development approval for the site work proposed in the approved plans; and

Note Approved plans includes amended plans (see Act, dict).

(d)

the dwelling would not, if built in accordance with the approved plans, comply with—

(i)

a relevant provision in any relevant district policy; and

(ii)

if it is not displaced by a relevant provision in a relevant district policy—a relevant residential zones—single dwelling housing development control.

Maximum penalty: 10 penalty units.

(2)

A certifier who is a person commits an offence if—

(a)

the certifier issues a building approval, or approves amended plans, for the building of a single dwelling on a block; and

(b)

the dwelling will be the first dwelling built on the block; and

(c)

there is no development approval for the site work proposed in the approved plans; and

Note Approved plans includes amended plans (see Act, dict).

(d)

the approved plans are defective because they contain information that is false or inaccurate; and

(e)

if the plans were not defective, the certifier would have contravened subsection (1).

Maximum penalty: 10 penalty units.

(3)

It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves that the defendant—

(a)

took all reasonable steps to find out whether the site work, if carried out in accordance with the approved plans, required development approval; and

(b)

was satisfied on reasonable grounds that the development did not require development approval.

(4)

It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that the defendant—

(a)

took all reasonable steps to find out if the approved plans contained false or inaccurate information; and

(b)

was satisfied on reasonable grounds that the plans did not contain false or inaccurate information.

(5)

To remove any doubt, if a building approval indicates that something is not to have work done in relation to it, or is not part of the building approval, the certifier does not commit an offence under this section in relation to the thing.

(6)

An offence against this section is a strict liability offence.

(7)

In this section:

district policy—see the Planning Act 2023, dictionary.

dwelling—see the Planning (Exempt Development) Regulation 2023, section 6 (1).

residential zones—single dwelling housing development control—see the Planning (Exempt Development) Regulation 2023, section 14 (1) (a).

Schedule 1 Exempt buildings and building works

(see s 6)

Part 1.1 Interpretation–sch 1

1.1 Definitions—sch 1

In this schedule:

AS 1742 means AS 1742 (Manual of uniform traffic control devices), as in force from time to time.

Note Australian standards may be purchased at www.standards.org.au.

AS 3533 means AS 3533 (Amusement rides and devices––Design and construction), as in force from time to time.

AS/NZS 3845 means AS/NZS 3845 (Road safety barrier systems), as in force from time to time.

demountable swimming pool—see the Act, section 83B (2).

enclosed outbuilding means a class 10a building that—

(a)

has—

(i)

a nominal height of not higher than 3m; and

(ii)

if the structure has a roof covering (including a sail or sail‑like element)—a roof covering with an area not larger than 25m²; and

(b)

has 1 or more walls; and

(c)

includes any of the following:

(i)

a greenhouse;

(ii)

a storeroom;

(iii)

a conservatory;

(iv)

a cubbyhouse;

(v)

a gazebo;

(vi)

an outbuilding;

(vii)

a shed;

(viii)

a studio;

(ix)

a stable;

(x)

a workshop.

exempt building code means the code made by the Minister under section 47 (Exempt building code—Act, s 152).

heating appliance includes—

(a)

any component associated with the appliance; and

(b)

an open fireplace, chimney or flue.

large building means a garage, outbuilding or enclosed outbuilding, if—

(a)

the structure is a class 10a building; and

(b)

the structure has—

(i)

a nominal height of not higher than 3m; and

(ii)

if the structure has a roof covering (including a sail or sail‑like element)—a roof covering with an area larger than 25m²; and

(iii)

if the structure has a floor—

(A)

a floor with a nominal height not higher than 1m; and

(B)

a floor area of not more than 36m² excluding areas underneath external walls; and

(iv)

framing that does not have an unsupported span, (including any cantilever) longer than 6m; and

(c)

for any timber element of roof framing for the structure—the nominal cross-sectional dimensions—

(i)

are not more than 100mm x 250mm; or

(ii)

comply with the exempt building code; and

(d)

for any steel element of roof framing for the structure—the cross-sectional thickness at any point is not more than 4mm; and

(e)

no masonry, clay or concrete component of the structure (other than cement sheet product) has a nominal height of more than 1.8m.

nominal height means the height of a structure, building or object excluding any part of the structure, building or object that is in the ground.

outbuilding means any of the following:

(a)

outdoor deck;

(b)

carport;

(c)

pergola;

(d)

porch;

(e)

verandah;

(f)

shelter;

(g)

gazebo;

(h)

shade structure;

(i)

hail protection structure.

safety barrier, for a regulated swimming pool—see the Act, section 83 (1).

small open building means an outbuilding that has—

(a)

no walls; and

(b)

a nominal height of not more than 3m; and

(c)

if the structure has a roof covering (including a sail or sail-like element)—a roof covering with an area not larger than 25m²; and

(d)

if the structure has a floor—a floor with a nominal height not higher than 1m; and

(e)

a frame that does not have unsupported span (including any cantilever) longer than 4m.

solar water heater means a solar water panel or other device designed to be mounted externally, together with any hot-water tank that holds the heated water.

temporary building means a building if—

(a)

the building is not a class 1, 2, 3 or 4 building; and

(b)

the building is erected on the site of building work for the erection or alteration of another building; and

(c)

building approval has been obtained for the building work; and

(d)

the building is to be removed when the building work is completed.

Part 1.2 Exemption from application of Act

column 1

item

column 2

exempt building

column 3

condition on exemption

temporary building

bridge that does not encompass or extend a building to which the Act applies

dam

retaining wall associated with bridge, dam or road

stile

mesh fence with nominal height of not more than 3m

prefabricated bus shelter

prefabricated playground equipment

road sign or other traffic device or system under AS/NZS 3845 or AS 1742

electricity network distribution equipment

reservoir, other than—

(a)

part of an on-site stormwater detention system designed to detain stormwater from building or group of associated buildings before water enters reticulated stormwater drainage network; or

(b)

a water tank associated with building or group of associated buildings; or

(c)

a regulated swimming pool

aqueduct

water or sewage treatment works

stormwater outfall

pole or mast owned by—

(a)

the Territory; or

(b)

the Commonwealth; or

(c)

a territory authority; or

(d)

a body established under a Commonwealth law; or

(e)

the provider of a utility service within the meaning of the Utilities Act 2000, section 6 (Electricity services) if the pole or mast is part of the electricity network (within the meaning of that Act) for the provision of the service; or

(f)

the owner of a telecommunications network or part of a telecommunications network that is used to supply a standard telephone service within the meaning of the Telecommunications Act 1997 (Cwlth) if the pole or mast is or will be part of the network or part

Example—item 2

A pedestrian footbridge provides a link over a road between shopping centres either side of the road. If the bridge only functions as a bridge, it does not encompass or extend the shopping centres. If walls and a roof enclose the bridge so as the centres become contiguous at the bridge rather than the bridge being an intervening link, the bridge extends the shopping centres.

Part 1.3 Exemption from part of Act

column 1

item

column 2

exempt building or building work

column 3

provision of Act exempt from

column 4

condition on exemption

fence or wall with nominal height of up to 1.8m, other than a fence or wall forming integral part of required enclosure for regulated swimming pool

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

fence or wall with nominal height of up to 2m if any masonry or concrete components (other than cement sheet products) have a nominal height of not more than 1.8m, not including—

(a)

part of roofed building; or

(b)

retaining wall; or

(c)

integral part of required enclosure for regulated swimming pool

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

fence with nominal height of up to 3m if masonry or concrete components (other than cement sheet products) have nominal height of not more than 1.8m, other than a fence forming integral part of required enclosure for regulated swimming pool

(a)

pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

fence must comply with—

(a)

if there is an exempt building code—that code; and

(b)

otherwise—the relevant deemed-to-satisfy provision of the building code

retaining wall up to 1.2m high when measured from any point at top of retaining wall to lowest adjacent ground level

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

retaining wall up to 1.5m high when measured from any point at top of retaining wall to lowest adjacent ground level

(a)

pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

retaining wall must comply with—

(a)

if there is an exempt building code—that code; and

(b)

otherwise—the relevant deemed-to-satisfy provision of the building code

small open building

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

large building

(a)

pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

large building must comply with—

(a)

if there is an exempt building code—that code; and

(b)

otherwise—the relevant deemed-to-satisfy provision of the building code

enclosed outbuilding

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates))

antenna or aerial assembly—

(a)

that is a class 10b building; and

(b)

the height of which measured from highest to lowest part of assembly is not more than 6m (excluding any part of assembly that is in ground or part of another building or used for purpose other than supporting assembly or aerial)

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

pool that can hold water no deeper than 300mm

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates))

initial assembly of demountable swimming pool, but not use of pool if no certificate for pool issued under Act, part 5

(a)

s 42 (1) (e); and

(b)

s 42 (1) (f); and

(c)

ss 43, 44, 45 and 46; and

(d)

s 51, in relation to s 42 (1) (e) and s 42 (1) (f)

pool fencing and barriers required by Act to prevent access to water must be in place before the pool is able to hold water

assembling or taking apart

reservoir of demountable swimming pool (excluding fencing or barriers required by Act to prevent access to water)

Note See the example at the end of this table.

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

pool fencing and barriers required under Act to restrict access of young children to pool and immediate pool surrounds must be in place before the pool is able to hold water

demountable swimming pool

pt 3 (Building work)

demountable swimming pool erected for not more than 3 consecutive days

pool fencing and barriers required under Act to restrict access of young children to pool and immediate pool surrounds

pt 3 (Building work)

(a)

fencing and barriers must comply with building code; and

(b)

fencing and barriers must be constructed in a proper and skilful way; and

(c)

fencing and barriers must be inspected and certified as compliant with the Act (other than pt 3) by certifier

internal alteration if—

(a)

certificate under Act, part 5 issued for building before alteration; and

(b)

work does not—

(i)

change classification of building; or

(ii)

affect exterior; or

(iii)

affect a heating appliance

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

internal alteration must not cause aspect of building that complies with building code to not comply

external alteration if—

(a)

certificate under Act, part 5 issued for building before alteration; and

(b)

work involves—

(i)

doorway or window opening in class 1, 2 or 10 building with horizontal opening span of not more than 2m; or

(ii)

altering an energy‑consuming appliance or fitting; or

(iii)

skylight with an area of not more than 4m2

(a)

pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

(a)

external alteration must comply with—

(i)

if there is an exempt building code—that code; and

(ii)

otherwise—the relevant deemed-to-satisfy provision of the building code

(b)

external alteration must not cause aspect of building that complies with building code to not comply

external alteration if—

(a)

certificate under Act, part 5 issued for building before alteration; and

(b)

work involves flue, or duct, outlet with nominal horizontal dimensions not larger than 600mm

(a)

pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

external alteration must comply with—

(a)

if there is an exempt building code—that code; and

(b)

otherwise—the relevant deemed-to-satisfy provision of the building code

stairs forming part of building or structure mentioned in this schedule

(a)

pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

external pond that can hold water to a depth of not more than 1.2m

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

pond must not be used for swimming, wading or bathing

letterbox, barbecue, or similar structure, with plan area not larger than 2m² if height measured from highest point on structure to ground is not more than 1.8m (excluding any part in ground)

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

water tank with capacity not more than 20kL if height measured from highest point on structure to ground is not more than 2.4m (excluding any part in ground)

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

amusement ride or device to which AS 3533 applies if erected for no more than 2 months

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

(a)

design, construction and use must be consistent with AS 3533; and

(b)

the ride or device must be demolished or removed within 2 months after erected

class 6, class 7 or class 10a building or portable building or structure, including tent, marquee, stall or booth, if erected for no more than 2 months

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

(a)

design, construction and use must be consistent with AS 3533; and

(b)

building or structure must be demolished or removed within 2 months after erected

photovoltaic panel, or solar water heater, installed on class 1 or class 10a building

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

air-conditioning unit for class 1 or class 10a building, that is not main source of ventilation for room or building where installed

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

handling or removing material to sample for asbestos

(a)

pt 3 (Building work); and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

(a)

no dimension of the material is more than 100mm; and

(b)

handling, removing or sampling material must be in accordance with any code approved under the Work Health and Safety Act 2011 relating to asbestos

building in district of Symonston, section 97, block 8

(a)

s 12 (Exempt buildings); and

(b)

s 76 (Occupation and use of buildings)

the construction occupations registrar—

(1)

has issued a written statement—

(a)

attaching a plan showing the location and footprint of the building; and

(b)

stating that the registrar is satisfied that the building—

(i)

is fit for occupation as a non-standard building if used only for a stated purpose; and

(ii)

is structurally sound and can withstand loadings likely to arise from its use as a non‑standard building; and

(iii)

contains reasonable provision for the safety of people likely to be in the building if there is a fire, including—

(A)

adequate facilities for leaving the building; and

(B)

the prevention and suppression of fire; and

(C)

the prevention of the spread of fire; and

(c)

stating that the registrar may withdraw the statement; and

(2)

has not withdrawn the statement and notified the occupier in writing of the withdrawal

handling bonded asbestos or an equivalent sheet material that does not contain asbestos

(a)

pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and

(b)

pt 5 (Building occupancy); and

(c)

pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

if the work involves asbestos—the work complies with asbestos handling requirements of the Work Health and Safety Act 2011

Example—item 12

A certificate of occupancy is issued for a demountable swimming pool, including its required pool fencing. Doing any building work in relation to modifying the pool fence is not exempt from the application of the Act. However, the pool reservoir may be taken apart and packed away for winter, and assembled each summer, in accordance with this section, provided the re‑erected pool reservoir and its fencing continue to comply with the pre-requisites to the certificate of occupancy being granted in respect of it. A substitute reservoir may also be erected to replace the original approved reservoir, if its arrangement and dimensions comply with this item.

Schedule 2 Referral of building approval applications

(see s 19)

Part 2.1 Interpretation—sch 2

2.1 Definitions—sch 2

In this schedule:

easement—see the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.11 (4).

licensed utility service means a utility service licensed under the Utilities Act 2000.

proposed easement—see the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.11 (4).

regulated utility service—see the Utilities (Technical Regulation) Act 2014, section 9.

supplied—a service is taken to be supplied if service lines or pipes exist that connect a building to a service utility network, whether or not the service is in fact being provided to the building.

technical regulator—see the Utilities (Technical Regulation) Act 2014, section 77.

utility infrastructure access or protection space—see the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.11 (4).

Part 2.2 Referral of building approval applications to particular entities

column 1

item

column 2

building work involved

column 3

entity to which building approval application is referred

demolition of building to which water or sewerage services supplied or water meter connected

the utility that provides the water or sewerage service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014

erection of building, or new part of building, if building or new part encroaches on easement, proposed easement or utility infrastructure access or protection space

a utility that provides a utility service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014, if the utility has a right under the easement, proposed easement or access or protection space

building work in relation to disposal of non-domestic waste into sewerage system

the utility that provides the sewerage service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014

demolition of building to which electricity services supplied or electricity meter connected

the utility that provides the electricity service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014

demolition of building to which gas services supplied or gas meter connected

the utility that provides the gas service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014

use of performance solution for a provision of the building code that deals with fire protection

emergency services commissioner

erection of building, or new part of building, if building, or new part—

(a)

is not a class 1, class 10a or class 10b building; and

(b)

has floor area larger than 500m²

emergency services commissioner

construction of a regulated utility service that is not a licensed utility service

technical regulator

Schedule 2A Referral of demolition order applications to particular entities

(see s 36B)

column 1

item

column 2

building work involved

column 3

entity to which building approval application is referred

demolition of building to which water or sewerage services supplied or water meter connected

the utility that provides the water or sewerage service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014

demolition of building to which electricity services supplied or electricity meter connected

the utility that provides the electricity service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014

demolition of building to which gas services supplied or gas meter connected

the utility that provides the gas service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014

Schedule 3 Fundamentally noncompliant building work

(see s 36)

Part 3.1 Interpretation—sch 3

3.1 Definitions—sch 3

(1)

In this schedule:

defect tolerance, for an element of building work, means the amount stated in the tolerances guide for the element as the amount by which the element may deviate from a stated dimension in the approved plans for the building work, or a result from working out a dimension using a method stated in the tolerances guide, for the element.

tolerances guide means the Guide to Standards and Tolerances 2017, as in force from time to time.

Note The tolerances guide does not need to be notified under the Legislation Act because s 47 (5) does not apply (see Legislation Act, s 47 (7)). The tolerances guide is accessible at www.fairtrading.nsw.gov.au.

(2)

For this schedule, approved plans that relate to building work show the dimension of an element of the building work if the dimension of the element can be—

(a)

worked out geometrically from the drawings in the approved plans; or

(b)

deduced from diagrammatic information in the approved plans.

Examples—s (2)

1 Approved plans show a building’s finished floor level and ceiling height with reference to a national height datum but do not include any other vertical dimensions that refer to a height datum. The plans also show a roof pitched from the ceiling level at a roof slope of 22.5º, rising to a single ridgeline at the uppermost part of the roof. It can be worked out, from the stated horizontal and vertical dimensions and slope, that the top of the ridge must be 5430mm above the finished floor level. Although the plans do not state the level of the top of the roof, the plans show what the level must be.

2 Approved plans show external doors and windows of a building to be approximately in the horizontal centre of the adjacent room wall. The plans do not show horizontal dimensions to locate the doors or windows. The plans are taken to show that the doors and windows must be located approximately in the horizontal centre of the relevant walls even though no dimensions are specified. A door or window wholly left or right of the horizontal centre of the room would not comply with the location shown on the plans.

Part 3.2 Fundamentally noncompliant building work

column 1

item

column 2

element of building work

column 3

when building work is fundamentally noncompliant

horizontal set out of a building

the building’s set out is more than 10 times the defect tolerance for horizontal set outs stated in the tolerances guide

a floor

(a)

the level of the floor is more than 10 times the defect tolerance for floors stated in the tolerances guide;

(b)

the total floor area exceeds the total floor area shown on the approved plans that relate to the building work by more than 10%

external dimensions of a building

the external dimensions of the building are more than 10 times the defect tolerance for external dimensions stated in the tolerances guide

a room

(a)

the set out or a dimension of the room is more than 10 times the defect tolerance for rooms stated in the tolerances guide;

(b)

the number of rooms is more than the number shown on the approved plans that relate to the building work

masonry work

a tolerance of a masonry component is more than 10 times the defect tolerance for the masonry component stated in the tolerances guide

height of a building

(a)

the top of the building is more than 500mm higher than shown on the approved plans that relate to the building work;

(b)

the vertical distance from the ground to any point on the building is more than 500mm greater than shown on the approved plans that relate to the building work

number of storeys of a building

the number of storeys is more than the number shown on the approved plans that related to the building work

number of buildings

the number of buildings, residences or units is more than the number shown on the approved plans that relate to the building work

useless space in a building

Note See the example at the end of this table.

the approved plans that relate to the building work do not show a use for a space in the building and the space is constructed in a way that it could be reasonably used for human occupation

door or window

(a)

the number of external doors or windows is more than the number shown on the approved plans that relate to the building work

(b)

a door or window is located in an external wall even though the approved plans that relate to the building work shows no part of a door or window to be located in the wall

an enclosure

(a)

a wall or roof encloses or partly encloses a building or space shown on the approved plans for the building work not to be enclosed or partly enclosed with the wall or roof;

(b)

a wall or roof has an area of more than 2m²

regulated swimming pool

pool does not have the fencing or barrier required under the Act to restrict access of young children to pool and immediate pool surrounds

Examples—item 9

1 Approved plans show a space between a ceiling and the roof above the ceiling (the roof space) but do not show a use for the roof space. The roof space is constructed in a way that it could reasonably be used as an attic bedroom.

2 Approved plans show a space between the ground and a floor above the ground (the subfloor area) but do not show a use for the subfloor area. The subfloor area is constructed in a way that it could reasonably be used as a home theatre.

Schedule 4 Reviewable decisions

(see pt 5A)

column 1

item

column 2

reviewable decision

column 3

decision-maker

column 4

relevant entity

decision under the Act, s 19D (2) (a) to refuse to approve a certifier’s resignation

constructions occupations registrar

entity appointed as certifier

decision under the Act, s 20 (4) to refuse to appoint a government certifier for building work

constructions occupations registrar

applicant for the appointment of a government certifier

decision under the Act, s 36 (2) to refuse to extend or further extend a period

government certifier

applicant for extension

decision under the Act, s 53 to issue a stop notice in relation to building work being, or to be, carried out

constructions occupations registrar, building inspector or government certifier

entity carrying out building work

decision under the Act, s 58 (2) or (4) to issue a notice

constructions occupations registrar

entity required by notice to carry out stated building work

decision under the Act, s 62 (1) to issue a notice

constructions occupations registrar

entity required by notice to carry out stated building work

a decision under the Act, s 69 to refuse to issue a certificate of occupancy

constructions occupations registrar

applicant for the certificate

a decision under the Act, s 71 to refuse to issue a certificate for building work involving demolition

constructions occupations registrar

applicant for the certificate

a decision under the Act, s 72 to refuse to issue a certificate involving erection of a structure

constructions occupations registrar

applicant for the certificate

a decision under the Act, s 75 (1) to refuse to issue a certificate of regularisation

constructions occupations registrar

applicant for the certificate

a decision under the Act, s 77 (3) to refuse to give an approval

constructions occupations registrar

applicant for the approval

a decision under the Act, s 83D (2) to refuse to exempt regulated swimming pool from safety standards

Minister

applicant for exemption

a decision under the Act, s 83D (3) to exempt regulated swimming pool from safety standards subject to conditions

Minister

applicant for exemption

a decision under the Act, s 83E (4) to vary exemption of regulated swimming pool from safety standards

Minister

applicant for exemption

a decision under the Act, s 83F (1) (a), (b) or (c) to revoke exemption of regulated swimming pool from safety standards

Minister

applicant for exemption

a decision under the Act, s 86 (1) (b) (ii) to work out the cost of building work

constructions occupations registrar

the builder

a decision under the Act, s 90 (1) (j) to refuse to give an approval for the form of the insurance policy

constructions occupations registrar

the applicant for approval

a decision under s 20 to give advice that does not support proposed building work

the entity giving the advice

applicant for advice

a decision under s 20 to give advice that supports proposed building work, subject to compliance with stated conditions

the entity giving the advice

applicant for advice

Dictionary

(see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 AS (see s 164 (1))

 AS/NZS (see s 164 (2))

 chief planner

 commissioner for fair trading

 construction occupations registrar

 director‑general (see s 163)

 emergency services commissioner

 entity

 land titles register

 may (see s 146)

 national capital plan

 person (see s 160)

 territory plan

 under.

Note 3 Terms used in this regulation have the same meaning that they have in the Building Act 2004 (see Legislation Act, s 148). For example, the following terms are defined in the Building Act 2004, dict:

 alteration

 asbestos

 asbestos removal control plan

 building approval

 building code (see s 136 (1))

 building work

 certificate of regularisation (see s 75 (1))

 certifier

 class

 completion day

 development approval

 dwelling

 easement

 exempt building (see s 12)

 friable asbestos

 land

 land sublease

 owner

 owner-builder

 parcel (of land)

 regulated swimming pool (see s 83B)

 residential building work

 residential building work contract

 structure (see s 8)

 waste management plan.

affected building—see the Dangerous Substances Act 2004, section 47I.

affected residential premises—see the Dangerous Substances Act 2004, section 47I.

AS 1100 means AS 1100 (which is about technical drawing) as in force from time to time, and includes AS/NZS 1100.501.

Note Australian standards may be purchased at www.standards.org.au.

AS 1742, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

AS 3533, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

AS/NZS 3845, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

bonded asbestos means asbestos in a form where the asbestos fibres are held within another material (for example, cement) but does not include friable asbestos.

defect tolerance, for schedule 3 (Fundamentally noncompliant building work)—see schedule 3, section 3.1.

demountable swimming pool, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

deposited plan—see the Districts Act 2002, section 7.

easement, for schedule 2 (Referral of building approval applications)—see schedule 2, section 2.1.

enclosed outbuilding, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

exempt building code, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

heating appliance, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

large building, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

licensed utility service, for schedule 2 (Referral of building approval applications)—see schedule 2, section 2.1.

nominal height, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

outbuilding, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

proposed building work, for division 3.2 (Building approvals)—see section 9.

proposed easement, for schedule 2 (Referral of building approval applications)—see schedule 2, section 2.1.

regulated utility service, for schedule 2 (Referral of building approval applications)—see schedule 2, section 2.1.

small open building, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

solar water heater, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

stormwater system means a system of pipes, gutters, drains, floodways and channels designed to collect or carry stormwater in or through an urban area, other than for a single parcel of land.

supplied, for schedule 2 (Referral of building approval applications)—see schedule 2, section 2.1.

technical regulator, for schedule 2 (Referral of building approval applications)—see schedule 2, section 2.1.

temporary building, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

tolerances guide, for schedule 3 (Fundamentally noncompliant building work)—see schedule 3, section 3.1.

utility infrastructure access or protection space, for schedule 2 (Referral of building approval applications)—see schedule 2, section 2.1.

utility service—see the Utilities Act 2000, dictionary.

water main means a conduit or pipeline—

(a)

owned, controlled or maintained by a utility service; and

(b)

designed to carry drinking water supplied by the service.

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49 Certifier issuing building approval etc without development approval––Act, s 152