Australian Capital Territory Current Regulations Australian Capital Territory Current RegulationsSchedule 1 Exempt buildings and building works
(see s 6)
In this schedule:
AS 1742 means AS 1742 (Manual of uniform traffic control devices), as in force from time to time.
Note Australian standards may be purchased at www.standards.org.au
.
AS 3533 means AS 3533 (Amusement rides and devices––Design and construction), as in force from time to time.
AS/NZS 3845 means AS/NZS 3845 ( Road safety barrier systems ), as in force from time to time.
"demountable swimming pool"—see the Act
, section 83B (2).
"enclosed outbuilding" means a class 10a building that—
(a) has—
(i) a nominal height of not higher than 3m; and
(ii) if the structure has a roof covering (including a sail or sail-like element)—a roof covering with an area not larger than 25m 2 ; and
(b) has 1 or more walls; and
(c) includes any of the following:
(i) a greenhouse;
(ii) a storeroom;
(iii) a conservatory;
(iv) a cubbyhouse;
(v) a gazebo;
(vi) an outbuilding;
(vii) a shed;
(viii) a studio;
(ix) a stable;
(x) a workshop.
"exempt building code" means the code made by the Minister under section 47 (Exempt building code—Act, s 152).
"heating appliance" includes—
(a) any component associated with the appliance; and
(b) an open fireplace, chimney or flue.
"large building" means a garage, outbuilding or enclosed outbuilding, if—
(a) the structure is a class 10a building; and
(b) the structure has—
(i) a nominal height of not higher than 3m; and
(ii) if the structure has a roof covering (including a sail or sail-like element)—a roof covering with an area larger than 25m 2 ; and
(iii) if the structure has a floor—
(A) a floor with a nominal height not higher than 1m; and
(B) a floor area of not more than 36m 2 excluding areas underneath external walls; and
(iv) framing that does not have an unsupported span, (including any cantilever) longer than 6m; and
(c) for any timber element of roof framing for the structure—the nominal cross-sectional dimensions—
(i) are not more than 100mm x 250mm; or
(ii) comply with the exempt building code; and
(d) for any steel element of roof framing for the structure—the cross-sectional thickness at any point is not more than 4mm; and
(e) no masonry, clay or concrete component of the structure (other than cement sheet product) has a nominal height of more than 1.8m.
"nominal height" means the height of a structure, building or object excluding any part of the structure, building or object that is in the ground.
"outbuilding" means any of the following:
(a) outdoor deck;
(b) carport;
(c) pergola;
(d) porch;
(e) verandah;
(f) shelter;
(g) gazebo;
(h) shade structure;
(i) hail protection structure.
"safety barrier", for a regulated swimming pool—see the Act
, section 83 (1).
"small open building" means an outbuilding that has—
(a) no walls; and
(b) a nominal height of not more than 3m; and
(c) if the structure has a roof covering (including a sail or sail-like element)—a roof covering with an area not larger than 25m 2 ; and
(d) if the structure has a floor—a floor with a nominal height not higher than 1m; and
(e) a frame that does not have unsupported span (including any cantilever) longer than 4m.
"solar water heater "means a solar water panel or other device designed to be mounted externally, together with any hot-water tank that holds the heated water.
"temporary building" means a building if—
(a) the building is not a class 1, 2, 3 or 4 building; and
(b) the building is erected on the site of building work for the erection or alteration of another building; and
(c) building approval has been obtained for the building work; and
(d) the building is to be removed when the building work is completed.
Part 1.2
Exemption from application of Act
column 1 item | column 2 exempt building | column 3 condition on exemption |
|---|---|---|
| 1 | temporary building | |
| 2 | bridge that does not encompass or extend a building to which the Act applies | |
| 3 | dam | |
|
4 | retaining wall associated with bridge, dam or road | |
| 5 | stile | |
6 | mesh fence with nominal height of not more than 3m | |
| 7 |
prefabricated bus shelter | |
| 8 | prefabricated playground equipment | |
9 | road sign or other traffic device or system under AS/NZS 3845 or AS 1742 | |
| 10 | electricity network distribution equipment | |
| 11 | reservoir, other than— (a) part of an on-site stormwater detention system designed to detain stormwater from building or group of associated buildings before water enters reticulated stormwater drainage network; or (b) a water tank associated with building or group of associated buildings; or (c) a regulated swimming pool | |
|
12 | aqueduct | |
| 13 | water or sewage treatment works | |
| 14 |
stormwater outfall | |
| 15 | pole or mast owned by— (a) the Territory; or (b) the Commonwealth; or (c) a territory authority; or (d) a body established under a Commonwealth law; or (e) the provider of a utility service within the meaning of the Utilities Act 2000 |
, section 6 (Electricity services) if the pole or mast is part of the electricity network (within the meaning of that Act) for the provision of the service; or (f) the owner of a telecommunications network or part of a telecommunications network that is used to supply a standard telephone service within the meaning of the Telecommunications Act 1997 |
(Cwlth) if the pole or mast is or will be part of the network or part | |
Example—item 2
A pedestrian footbridge provides a link over a road between shopping centres either side of the road. If the bridge only functions as a bridge, it does not encompass or extend the shopping centres. If walls and a roof enclose the bridge so as the centres become contiguous at the bridge rather than the bridge being an intervening link, the bridge extends the shopping centres.
Part 1.3 Exemption from part of Act
column 1 item | column 2 exempt building or building work | column 3 provision of Act exempt from | column 4 condition on exemption |
|---|---|---|---|
| 1 |
fence or wall with nominal height of up to 1.8m, other than a fence or wall forming integral part of required enclosure for regulated swimming pool | (a) pt 3 (Building work); and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) | |
| 2 | fence or wall with nominal height of up to 2m if any masonry or concrete components (other than cement sheet products) have a nominal height of not more than 1.8m, not including— (a) part of roofed building; or (b) retaining wall; or (c) integral part of required enclosure for regulated swimming pool | (a) pt 3 (Building work); and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) | |
| 3 | fence with nominal height of up to 3m if masonry or concrete components (other than cement sheet products) have nominal height of not more than 1.8m, other than a fence forming integral part of required enclosure for regulated swimming pool | (a) pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) | fence must comply with— (a) if there is an exempt building code—that code; and (b) otherwise—the relevant deemed-to-satisfy provision of the building code |
| 4 | retaining wall up to 1.2m high when measured from any point at top of retaining wall to lowest adjacent ground level | (a) pt 3 (Building work); and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) | |
| 5 | retaining wall up to 1.5m high when measured from any point at top of retaining wall to lowest adjacent ground level | (a) pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) | retaining wall must comply with— (a) if there is an exempt building code—that code; and (b) otherwise—the relevant deemed-to-satisfy provision of the building code |
6 | small open building | (a) pt 3 (Building work); and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) | |
| 7 | large building | (a) pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) | large building must comply with— (a) if there is an exempt building code—that code; and (b) otherwise—the relevant deemed-to-satisfy provision of the building code |
| 8 | enclosed outbuilding | (a) pt 3 (Building work); and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)) | |
| 9 | antenna or aerial assembly— (a) that is a class 10b building; and (b) the height of which measured from highest to lowest part of assembly is not more than 6m (excluding any part of assembly that is in ground or part of another building or used for purpose other than supporting assembly or aerial) | (a) pt 3 (Building work); and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) | |
|
10 | pool that can hold water no deeper than 300mm | (a) pt 3 (Building work); and (b) pt 5 (Building occupancy); and (c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)) | |
| 11 | initial assembly of demountable swimming pool, but not use of pool if no certificate for pool issued under Act |
, part 5
(a) s 42 (1) (e); and
(b) s 42 (1) (f); and
pool fencing and barriers required by Act to prevent access to water must be in place before the pool is able to hold water
12
assembling or taking apart
reservoir of demountable swimming pool (excluding fencing or barriers required by Act to prevent access to water)
Note See the example at the end of this table.
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
pool fencing and barriers required under Act to restrict access of young children to pool and immediate pool surrounds must be in place before the pool is able to hold water
13
demountable swimming pool
pt 3 (Building work)
demountable swimming pool erected for not more than 3 consecutive days
14
pool fencing and barriers required under Act to restrict access of young children to pool and immediate pool surrounds
pt 3 (Building work)
(a) fencing and barriers must comply with building code; and
(b) fencing and barriers must be constructed in a proper and skilful way; and
(c) fencing and barriers must be inspected and certified as compliant with the Act (other than pt 3) by certifier
15
internal alteration if—
(a) certificate under Act
, part 5 issued for building before alteration; and
(b) work does not—
(i) change classification of building; or
(ii) affect exterior; or
(iii) affect a heating appliance
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
internal alteration must not cause aspect of building that complies with building code to not comply
16
external alteration if—
(a) certificate under Act
, part 5 issued for building before alteration; and
(b) work involves—
(i) doorway or window opening in class 1, 2 or 10 building with horizontal opening span of not more than 2m; or
(ii) altering an energy-consuming appliance or fitting; or
(iii) skylight with an area of not more than 4m2
(a) pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
(a) external alteration must comply with—
(i) if there is an exempt building code—that code; and
(ii) otherwise—the relevant deemed-to-satisfy provision of the building code
(b) external alteration must not cause aspect of building that complies with building code to not comply
17
external alteration if—
(a) certificate under Act
, part 5 issued for building before alteration; and
(b) work involves flue, or duct, outlet with nominal horizontal dimensions not larger than 600mm
(a) pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
external alteration must comply with—
(a) if there is an exempt building code—that code; and
(b)
otherwise—the relevant
deemed-to-satisfy provision of the
building code
18
stairs forming part of building or structure mentioned in this schedule
(a) pt 3 (Building work), except s 42 (1) (a), s 42 (1) (b), s 42 (1) (c) and s 49; and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
19
external pond that can hold water to a depth of not more than 1.2m
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
pond must not be used for swimming, wading or bathing
20
letterbox, barbecue, or similar structure, with plan area not larger than 2m 2 if height measured from highest point on structure to ground is not more than 1.8m (excluding any part in ground)
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
21
water tank with capacity not more than 20kL if height measured from highest point on structure to ground is not more than 2.4m (excluding any part in ground)
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
22
amusement ride or device to which AS 3533 applies if erected for no more than 2 months
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
(a) design, construction and use must be consistent with AS 3533; and
(b) the ride or device must be demolished or removed within 2 months after erected
23
class 6, class 7 or class 10a building or portable building or structure, including tent, marquee, stall or booth, if erected for no more than 2 months
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
(a) design, construction and use must be consistent with AS 3533; and
(b) building or structure must be demolished or removed within 2 months after erected
24
photovoltaic panel, or solar water heater, installed on class 1 or class 10a building
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
25
air-conditioning unit for class 1 or class 10a building, that is not main source of ventilation for room or building where installed
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
26
handling or removing material to sample for asbestos
(a) pt 3 (Building work); and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
(a) no dimension of the material is more than 100mm; and
(b) handling, removing or sampling material must be in accordance with any code approved under the Work Health and Safety Act 2011
relating to asbestos
27
building in district of Symonston, section 97, block 8
(a) s 12 (Exempt buildings); and
(b) s 76 (Occupation and use of buildings)
the construction occupations registrar—
(1) has issued a written statement—
(a) attaching a plan showing the location and footprint of the building; and
(b) stating that the registrar is satisfied that the building—
(i) is fit for occupation as a non-standard building if used only for a stated purpose; and
(ii) is structurally sound and can withstand loadings likely to arise from its use as a non-standard building; and
(iii) contains reasonable provision for the safety of people likely to be in the building if there is a fire, including—
(A) adequate facilities for leaving the building; and
(B) the prevention and suppression of fire; and
(C) the prevention of the spread of fire; and
(c) stating that the registrar may withdraw the statement; and
(2) has not withdrawn the statement and notified the occupier in writing of the withdrawal
28
handling bonded asbestos or an equivalent sheet material that does not contain asbestos
(a) pt 3 (Building work), except
s 42 (1) (a), s 42
(1) (b),
s 42 (1) (c) and s 49; and
(b) pt 5 (Building occupancy); and
(c) pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)
if the work involves asbestos—the work complies with asbestos handling requirements of the Work Health and Safety Act 2011
Example—item 12
A certificate of occupancy is issued for a demountable swimming pool, including its required pool fencing. Doing any building work in relation to modifying the pool fence is not exempt from the application of the Act. However, the pool reservoir may be taken apart and packed away for winter, and assembled each summer, in accordance with this section, provided the re-erected pool reservoir and its fencing continue to comply with the pre-requisites to the certificate of occupancy being granted in respect of it. A substitute reservoir may also be erected to replace the original approved reservoir, if its arrangement and dimensions comply with this item.