These regulations, other than Part 1 , Divisions 1 and 2 of Part 2 , regulation 23 and Part 4 , do not apply in relation to obtaining a building permit under section 60 of the Act in respect of the following:

(a) an outbuilding if –

(i) it is the only building of its type on the site; and

(ii) the total area does not exceed 9 square metres; and

(iii) no side is longer than 3 metres; and

(iv) no part is more than 2.4 metres above the ground;

(b) a pergola, garden arch, trellis or frame if the structure –

(i) does not exceed 20 square metres in total area; and

(ii) is no more than 3 metres above the floor or ground; and

(iii) is not covered or is covered only by open-weave material which allows water through;

(c) a swimming pool if –

(i) the maximum possible water surface area is not more than 9 square metres; and

(ii) the maximum possible water depth is not more than 300 millimetres;

(d) a non-roofed windmill, a mast, antenna or flagpole if –

(i) it is not attached to a building and not more than 6 metres high; or

(ii) it is attached to a building and is not higher than 6 metres above the topmost point of attachment to the building; or

(iii) it is a dish antenna with a diameter of not more than 2 metres and the total area of the dish antenna attached to the supporting structure is not more than 4 square metres;

(e) a fence or wall constructed of masonry or concrete if it is not higher than 1.2 metres;

(f) a fence constructed of a material other than masonry or concrete if it is not higher than 2.1 metres;

(g) a retaining wall if –

(i) it retains a difference in ground levels of less than one metre; and

(ii) it is situated more than 1.5 metres from a boundary or way;

(h) a water tank if it has a capacity of less than 45 kilolitres;

(i) a water tank stand if it is not higher than 1.2 metres;

(j) a builder's site shed if it is being –

(i) used in connection with building work for which building permit is in force; or

(ii) stored in a location permitted by the building surveyor;

(k) an explosives magazine, a tank containing dangerous goods or a gas installation if the Competent Authority, within the meaning of the Dangerous Goods Act 1998 , controls how the magazine, tank or installation may be used;

(l) the repair or maintenance of an existing building if the work is done for maintenance purposes using similar materials, equipment, installations and components to those being replaced;

(m) a non-habitable underground structure on a mining lease;

(n) the installation of a stairway lift or platform lift in a Class 1a building;

(o) a temporary structure that is –

(i) required to have a temporary occupancy permit; or

(ii) exempted under regulation 38 from the requirement to have a temporary occupancy permit.