Building Regulations 2018

This regulation does not apply to—

a Class 10 building; or

an unenclosed floor area of a building; or

an alteration to an existing building if the area of the existing building is not increased by more than 20 m².

The report and consent of the relevant council must be obtained to an application for a building permit if the site is on an allotment that is in an area liable to flooding.

The report and consent of the relevant council under subregulation (2) need not be obtained to an application for a building permit if⎯

a planning permit is required for the construction of the building; and

the relevant planning scheme regulates the level of the lowest floor of the building in relation to any flood level declared under the Water Act 1989 or otherwise determined by the floodplain management authority or the relevant council.

The relevant council must not give its consent under subregulation (2) if it is of the opinion that there is likely to be a danger to the life, health or safety of the occupants of the building due to flooding of the site.

In its report under subregulation (2) the relevant council may specify a level for the surface of the lowest floor of a building on the site.

Before specifying a floor level under subregulation (5) the relevant council must—

consult with the floodplain management authority for that site; and

specify a level at least 300 mm above any flood levels declared under the Water Act 1989 or otherwise determined by the floodplain management authority, unless the floodplain management authority consents to a lower floor level.

The relevant council must without delay advise the floodplain management authority and the sewerage authority for that site of the floor level (if any) specified under subregulation (5).