Application of disability access provisions
5C Application of disability access provisions
(1) A disability access provision applies in relation to a building, or land on which a building is to be constructed, subject to this regulation and the concessions and exemption specified in this Division.
(2) Despite anything to the contrary in the Building Code, a disability access provision does not apply to:
a new part of a Class 1b building if:
(i) the building has fewer than 4 bedrooms that are used for rental accommodation; and
(ii) the building was constructed before 1 May 2011 or an application for a building permit for the construction of the building was made before that date; or
(b) a new part of a Class 2 building if the building was constructed before 1 May 2011 or an application for a building permit for the construction of the building was made before that date; or
(c) the internal parts of a sole-occupancy unit in a Class 2 building; or
a Class 4 building; or
(e) a Class 10 building or a new part of a Class 10 building or an affected part of a Class 10 building that is associated with:
a Class 1a building; or
a Class 4 part of a building.
(3) Subject to subregulation (4), if an existing building is to contain a new part that is required to comply with a disability access provision, any affected part of the building is also required to be brought into compliance with the disability access provision.
(4) Despite anything to the contrary in these Regulations, a disability access provision does not apply to an affected part of a building if:
parts of the building are leased to different persons; and
(b) one of the persons is responsible for building work to be carried out in relation to the new part of the building; and
the new part is leased to that person.
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