Building Regulations 1993

These regulations may be cited as the Building Regulations 1993.

affected part, for Part 2, Division 2, see regulation 5A.

approved Class 1a Building, see regulation 36C(1).

approved rural land, see regulation 36A.

Building Code means the Building Code of Australia set out in Volume One and Volume Two of the National Construction Code.

building contractor commercial (restricted) means a building practitioner registered in the category of building contractor commercial (restricted).

building contractor commercial (unrestricted) means a building practitioner registered in the category of building contractor commercial (unrestricted).

building contractor residential (restricted) means a building practitioner registered in the category of building contractor residential (restricted).

building contractor residential (unrestricted) means a building practitioner registered in the category of building contractor residential (unrestricted).

Class 2 building, for regulation 15A and Part 11A, includes:

(a) a building consisting only of one or more storeys that may be classified under the Building Code as a Class 2 building because of A6G1, Exemption (1), of the Code; and

(ii) one or more storeys that are Class 7a buildings for the sole use of the residents of, and visitors to, the Class 2 buildings.

Code of Practice for Wastewater Management means the Code of Practice for Wastewater Management published by the Department of Health, as in force from time to time.

completed building work, for Part 3A, means the building work specified in regulation 20A(1) and completed as specified in regulation 20A(2).

drawings, of a building, include a site plan and floor plan of, and elevations for, the building.

electrical installation connection work, for Part 9A, see regulation 36A.

existing, for Part 2, Division 2, see regulation 5A.

independent review engineer, see regulation 15AC.

National Construction Code means the National Construction Code, published by the Australian Building Codes Board, as in force from time to time.

net assets, see regulation 39B(1).

net assets certificate, see regulation 39C(1).

new part, for Part 2, Division 2, see regulation 5A.

original building status, of an approved Class 1a Building, see regulation 36C(1)(e).

original site, of an approved Class 1a Building, see regulation 36A.

performance solution:

(b) otherwise – has the same meaning as in the National Construction Code.

pergola does not include a building that has a roof or sides that are impermeable to the wind.

planning scheme, see section 3(1) of the Planning Act 1999.

Plumbing Code means the Plumbing Code of Australia set out in Volume Three of the National Construction Code.

post-relocation building work, for an approved Class 1a Building, see regulation 36A.

prescribed building contractor, for Part 11A, Divisions 2 and 2A, means a building contractor prescribed by regulation 41F.

prescribed building work, for Part 11A, Divisions 2 and 2A, means work prescribed by regulation 41G.

prescribed fee means a fee prescribed under regulation 2A.

progress payment agreement, for Part 11A, Division 2, means an agreement under a residential building contract mentioned in regulation 41HB(1).

relevant building law, in relation to a building, means the law (including codes and standards under the law) in force in the Territory that, at the time of the erection of the building, regulated the building work carried out for the erection.

significant and complex building, see regulation 15AA.

significant and complex building work, see regulation 15AB.

standard progress payments, for Part 11A, Division 2, means the standard progress payments under a residential building contract mentioned in regulation 41HA(1).

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to these Regulations.

(2) For these Regulations the erection of a building that has been removed and transported from another site or another location on the same site is taken to be the erection of a building.

(2A) However, subregulation (2) does not apply to the erection of an approved Class 1a Building on approved rural land.

(3) A reference in these Regulations to a building as a building of a particular Class is a reference to a building of that Class as specified under the classification in Part A6 of the Building Code.

(4) In reckoning time for these Regulations public holidays, Saturdays and Sundays are excluded.

Schedule 1 prescribes the fees payable for the matters it specifies.

(a) temporary offices and sheds used by builders on or about the site of any building on which building work is being carried out or used by contractors in carrying out works for any public authority on or about the site of the work and used exclusively for the purposes of that building or work; or

(b) any building classified as a Class 10 Building to which electrical, plumbing or drainage services are not provided and that is:

(i) situated not less than 40 m from any boundary of the allotment on which it stands or is to be constructed, has an aggregate roof area not exceeding 12 m² and is not more than 2100 mm in height above the mean natural ground level of its site; or

(ii) situated not less than 70 m from any boundary of the allotment on which it stands or is to be constructed, has an aggregate roof area not exceeding 30 m² and is not more than 2400 mm in height above the mean natural ground level of its site; or

(c) a fence that offers minimal resistance to wind loading such as a chain mesh or a similar kind of fence and in any event a fence that does not exceed a height of 1m; or

(d) a pergola that has an area not exceeding 30 m² and that is not less than 50 mm from a building to which these Regulations apply and that is not attached or connected in any way to any building; or

(e) minor plumbing maintenance work such as the replacement of a component by a similar component but not including drainage work.

(a) any building classified as a Class 10 Building that is of a type approved by the Director and is constructed in accordance with that approval;

(b) plumbing or drainage work that is not done in connection with or incidentally to other building work if:

(i) notice of the work undertaken is given to the Director not later than 7 days after the work is carried out; and

(ii) the notice is accompanied by a certificate in the approved form of the relevant building practitioner that the work conforms to the relevant code or standard.

Section 62 of the Act does not apply to a public authority.

(1) Subject to these Regulations, the following apply to any building that can be classified according to use under Part A6 of the Building Code and to any building work referred to in the Act or in the Building Code:

(1A) If there is any inconsistency between the Code of Practice for Wastewater Management and the Plumbing Code, the Code of Practice for Wastewater Management prevails to the extent of the inconsistency.

(b) certify plumbing and drainage work carried out under a performance solution.

performance solution has the same meaning as in the National Construction Code.

plumbing and drainage work means work for, or in connection with, the plumbing and drainage services mentioned in paragraph (b) of the definition of building work in section 4 of the Act.

(1) The following persons or bodies are prescribed as accrediting persons or bodies for the purposes of section 53 of the Act:

(aa) a person or body duly authorised under the CodeMark scheme administered by the Australian Building Codes Board;

(b) the Building Advisory Committee established under section 9 of the Act;

(d) the Power and Water Corporation established by the Power and Water Corporation Act 1987.

(2) A person or body referred to in subregulation (1) may issue certificates of accreditation in relation to building products, construction methods, designs, components and systems accredited by the person or body.

(3) A certificate of accreditation issued under subregulation (2) shall be in the form approved by the Director.

In this Division:

affected part, in relation to an existing building that is to contain a new part, means:

(b) any part of the building that is necessary to provide a continuous accessible path of travel from that entrance to the proposed new part.

existing, in relation to a building, passenger lift, accessible sanitary compartment or sanitary compartment suitable for use by people with a disability, means existing as of 1 May 2011.

new part, in relation to an existing building, means a part of the building:

(b) for which an application for a building permit for the building work for the construction mentioned in paragraph (a) was made on or after 1 May 2011.

For section 129B(1)(b) of the Act, the following provisions of the Building Code, as adopted by regulation 4(1), are prescribed for Part 10A of the Act:

(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:

(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

(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:

(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:

(b) one of the persons is responsible for building work to be carried out in relation to the new part of the building; and

(1) This regulation applies in relation to the deemed-to-satisfy provision in clause E3D8(b) of the Building Code requiring a passenger lift that travels more than 12 m to have a lift floor dimension of not less than 1 400 mm x 1 600 mm.

(2) The deemed-to-satisfy provision does not apply to an existing passenger lift that:

(a) is located in a new part or an affected part of an existing building; and