Material change of use for particular buildings or structures
2 Material change of use for particular buildings or structures
A material change of use of premises for a class 1 or 2 building, if the use is providing support services and temporary accommodation for persons escaping domestic violence.
A material change of use of premises for a dwelling house, if—
the material change of use is for a residential purpose in a residential zone other than a medium density residential zone or high density residential zone; and
the material change of use does not involve a basement or an underground parking area; and
1 of the following applies—
no relevant overlay applies to the premises;
only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2;
a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.
A material change of use of premises for a dual occupancy, if—
the use is for a residential purpose in a residential zone; and
either—
the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or
if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises.
In this section—
a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2; and
a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.
sch 6 s 2 amd 2019 SL No. 104 s 12; 2022 SL No. 182 s 5; 2025 SL No. 149 s 14
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