Australian Capital Territory Current Regulations

BUILDING (GENERAL) REGULATION 2008

- made under the Building Act 2004

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of regulation  
   3.       Dictionary  
   4.      Notes  
   4A.     Offences against regulation—application of Criminal Code etc  

   PART 2--IMPORTANT CONCEPTS

   5.      Meaning of building work—Act, s 6 (2)  
   6.      Exempt buildings and building work generally—Act,  
   7.      Minister may exempt buildings—Act, s 152 (2)  

   PART 2A--EXEMPTION ASSESSMENTS

   7A.     Number of copies of plans—Act, s 14 (2)  
   7B.     Additional details and material for exemption assessment application—Act, s 14  
   7C.     Plan information and requirements—Act, s 14 (4)  
   7D.     Exemption assessment B notices—Act,  
   7E.     Exemption assessment B notice—attached documents––Act, s 14B (3) (a) and  

   PART 3--BUILDING WORK

           Division 3.1--Government certifiers

   8.      Criteria for appointment of government certifier—Act, s 20 (4)  

           Division 3.2--Building approvals

   9.      Definitions—div 3.2  
   9A.     Site work notice—Act, s 25AA  
   10.     Number of copies of plans—Act, s 26 (2) (a)  
   11.     General requirements for application for building approvals—Act, s 26  
   12.     Building erection and alteration—Act, s 26 (3)  
   13.     Removal or demolition of buildings—Act, s 26 (3)  
   14.     Bonded asbestos removal—Act, s 26 (3)  
   15.     Friable asbestos removal—Act, s 26 (3)  
   15A.    Asbestos contamination report—Act, s 26 (3)  
   16.     General requirements for plans—Act, s 27 (1) (a)  
   17.     Requirements for plans for alteration and erection of buildings—Act, s 27 (1)  
   18.     Requirements for plans for asbestos removal—Act, s 27 (1)  
   18A.    Building approval applications—asbestos warning notices—Act, s 152 (3)  
   19.     Some building approval applications to be referred—Act s 27 (1)  
   20.     Building approval applications—requirement to give advice—Act s 30A (3)  
   21.     Approvals and consent required in relation to proposed building work—Act, s 152 (3)  
   22.     Consultation required in relation to proposed building work—Act, s 152 (3)  
   23.     Substantial alteration—Act, s 29 (2) (a)  
   24.     Unaltered parts need not comply with building code if alternative requirements  
   29A.    Building approvals not to be issued—Act, s 30 (2)  
   30.     Significantly different from plan amendment—Act, s 32 (4)  

           Division 3.2A--Building work signs

   30A.    Requirements for sign for certain building work—Act, s 37A (4) and s 37B (2)  
   30B.    Prescribed development—Act, s 37B (1) (a)  
   30C.    Period for displaying sign—Act, s 37B (2) (b)  

           Division 3.3--Carrying out building work

   31.     Considerations for proper and skilful work—material and work standards—Act, s 42  
   32.     Considerations for proper and skilful work—construction tolerances—Act, s 42  
   33.     Stages of building work—Act, s 43 (1) (a)  
   33A.    Stage inspections for dwellings and buildings containing dwellings—Act, s 44 (7)  
   34.     Offence—building work above damp-proof course level  

           Division 3.4--Completion of building work

   35.     Approvals on completion of building work—Act,  
   35A.    Certificates of occupancy—fitness for occupation and use—Act, s 69 (4)  
   35B.    Certificates of occupancy—requirements—Act,  

           Division 3.5--Fundamentally noncompliant building work

   36.     Fundamentally noncompliant building work—Act, s 50 (4)  

           Division 3.6--Demolition orders

   36A.    General requirements for plans—Act, s 63A  
   36B.    Applications for demolition orders to be referred—Act, s 63A  
   36C.    Applications for demolition orders—requirement to give advice—Act,  

   PART 3A--REGULATED SWIMMING POOLS

   36D.    Safety standards—Act, s 83A, def safety standards  
   36E.    Standing exemptions—circumstances—Act, s 83C  
   36F.    Exemption by Minister—circumstances—Act, s 83D (2)  
   36G.    Prescribed requirements for safety barrier—Act,  
   36H.    Competency matters for person to exercise functions of authorised person—Act, s 83P  
   36I.    Building surveyor taken to be appointed as authorised  
   36J.    Director-general may end building surveyor's appointment as authorised  

   PART 4--RESIDENTIAL BUILDINGS--STATUTORY WARRANTIES, STANDARD CONDITIONS, INSURANCE AND FIDELITY CERTIFICATES

   37.     Building work to which pt 6 does not apply  
   38.     End of statutory warranties—Act, s 88 (4)  
   38A.    Required documents for residential building work contract—Act, s  
   38B.     Prohibited conditions—Act, s 89E  
   39.     Minimum insurance for insurable residential building work—Act, s 90 (1)  
   40.     Period of insurance for insurable residential building work—Act, s 90 (1) (c) and  
   41.     Period of claims for insurable residential building work—Act, s 90 (1)  
   42.     Amount insurer not liable for—Act, s 91 (1)  
   43.     If builder defaults and work less than deposit paid—Act, s 93 (3)  

   PART 5--BUILDING CODE

   43A.    Documents forming part of building code—Act, s 136 (1), def building code,  
   44.     Application of building code to bushfire-prone area—Act,  
   44AA.   Energy efficiency provisions—Act, s 139C (3), def energy efficiency  
   44AB.   Preparation of NatHERS energy efficiency  
   44AC.   Preparation of whole-of-home calculator energy efficiency  

   PART 5A--NOTIFICATION AND REVIEW OF DECISIONS

   44A.    Decision-makers—Act, s 142A, def decision-maker  
   44B.    Reviewable decisions—Act, s 142A, def reviewable decision  
   44C.    Right of review and notice—Act, s 142B and s 142C (a)  

   PART 6--MISCELLANEOUS

   45.     Non-application of Legislation Act, s 47 (5)  
   47.     Exempt building code—Act, s 152  
   49.     Certifier issuing building approval etc without development approval––Act, s  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           SCHEDULE 4
           DICTIONARY
           ENDNOTES