Exempt buildings and building work generally—Act, s 152 (2)
6 Exempt buildings and building work generally—Act, s 152 (2)
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.
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