After section 115 of the Principal Act , the following section is inserted in Division 1:

115A.     Change to existing building boundary

(1)  Notwithstanding section 115 , a person must not change the boundary of an allotment or strata title of an existing building so that the building no longer complies with the provisions of this Act.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.

(2)  A person must obtain a building permit and carry out building work if a change to an allotment or strata title boundary of an existing building would –

(a) have an adverse effect on the safety, health and amenity of persons accommodated in, or using, the existing building; or

(b) increase the risk of the spread of fire between adjacent buildings or from a fire source feature.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 50 penalty units; or

(b) a body corporate, a fine not exceeding 250 penalty units.

(3)  In this section –

strata title means a property title held under the Strata Titles Act 1998 .