BUILDING REGULATIONS 2006 (SR NO 68 OF 2006)

Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Download] [Help]

BUILDING REGULATIONS 2006 (SR NO 68 OF 2006) - SCHEDULE 8

SCHEDULE 8

Sch. 8

EXEMPTIONS FOR BUILDINGS AND BUILDING WORK

TABLE

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

1

Construction of a freestanding Class 10a building that—

(a) has a floor area not exceeding 10m ²; and

(b) is no more than 3m in height or, if situated within 1m of a boundary, is no more than 2·4m in height; and

(c) is appurtenant to a building of another Class on the same allotment; and

(d) is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and

(e) is not constructed of masonry.

Note: The consent of a service authority may be required to construct a Class 10a building 10m ²or less in area over an easement vested in that authority under another Act or within 1m laterally of any works of a water supply authority.

All Parts

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

2

Demolition of a freestanding Class 10 building that—

(a) is not constructed of masonry; and

(b) does not exceed 40m ²in floor area; and

(c) will not adversely affect the safety of the public or occupiers of the building; and

(d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 1995 .

Note: This building work may require approval from the Executive Director within the meaning of the Heritage Act 1995 under that Act or of the National Trust of Australia (Victoria).

Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 .

All Parts

3

Repair, renewal or maintenance of a part of an existing building, if the building work—

(a) will not adversely affect the structural soundness of the building, and does not include—

(i) an increase or decrease in the floor area or height of the building; or

All Parts

Sch. 8

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

(ii) underpinning or replacement of footings; or

(iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and

(b) is done using materials commonly used for the same purpose as the material being replaced; and

(c) will not adversely affect the safety of the public or occupiers of the building; and

(d) is not work carried out on, or in connection with, a building included on the Heritage Register established under the Heritage Act 1995 ; and

(e) will not adversely affect an essential safety measure within the meanings of Subdivisions 1 and 2 of Division 1 of Part 12.

Note: Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be required to be maintained using particular materials.

If the contract price for the carrying out of domestic building work is more than $5000, the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995 .

Sch. 8

4

Alterations to a building, if the building work—

(a) will not adversely affect the structural soundness of the building, and does not include—

(i) an increase or decrease in the floor area or height of the building; or

(ii) underpinning or replacement of footings; or

(iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and

(b) will not project beyond the street alignment; and

(c) will not adversely affect the safety of the public or occupiers of the building; and

(d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 1995 ; and

(e) is not work in relation to, and will not adversely affect, an essential safety measure within the meanings of Subdivisions 1 and 2 of Division 1 of Part 12.

Note : Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be

Parts 2 to 20

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

required to be maintained using particular materials.

If the contract price for the carrying out of domestic building work is more than $5000, the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995 .

5

Any building that is not of a Class listed in clause A3.2 of Volume One of the BCA and clause 1.3.2 of Volume Two of the BCA.

All Parts

6

A building used only temporarily for the duration of building work for—

(a) construction purposes; or

(b) display purposes.

All Parts

7

Temporary structures other than those to which regulation 1104 applies.

All Parts

8

A swimming pool with a depth not exceeding 300mm.

All Parts

9

A relocatable swimming pool that is erected temporarily in an area that is enclosed by barriers complying with AS 1926.1—1993 Swimming Pool Safety Part 1: Fencing for swimming pools, published 26 July 1993, as published from time to time.

Note: This exemption applies only to the relocatable swimming pool and not to the barriers.

All Parts

Sch. 8

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

10

A fence, screen or structure similar to a fence (other than a fence forming part of a safety barrier for a swimming pool or a fence forming part of a children's service outdoor play space)—

(a) not exceeding 2m in height; and

(b) not exceeding 1·5m in height when within 3m of a street (which is not a lane, footway, alley or right of way) alignment and which is not constructed of masonry, concrete or the like; and

(c) not exceeding 1·2m in height when within 3m of a street (which is not a lane, footway, alley or right of way) alignment and which is constructed of masonry, concrete or the like; and

(d) not exceeding 1m in height above the footpath when within 9m of a point of intersection of street alignments; and

(e) not having barbed wire or the like when adjacent to a street alignment.

All Parts except reg. 424(1) and Schedule 5

11

A chain wire fence surrounding a tennis court.

All Parts

12

Any sign that is—

(a) less than 3m from a street alignment and does not exceed 1m in height above ground level; or

All Parts

Sch. 8

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

(b) not less than 3m from a street alignment and does not exceed—

(i) a height of 8m above ground level; and

(ii) 6m ²in display area.

Sch. 8

13

Any mast, pole, antenna, aerial or similar Class 10b structure—

(a) attached to a building and which does not exceed a height of 3m above the highest point of the attachment to the building; or

(b) not attached to a building and which does not exceed a height of 8m.

All Parts

14

Any facility (within the meaning of paragraph (b) of the definition of "facility" in section 7 of the Telecommunications Act 1997 of the Commonwealth) and construction or demolition of such a facility by a carrier (within the meaning of that section).

Parts 2 to 20 except Part 4

15

Any retaining wall less than 1m in height that is not associated with other building work or with protection of adjoining property.

Parts 2 to 20 except reg. 606

16

A pergola that—

(a) is not more than 3·6m in height; and

(b) in the case of a pergola that is appurtenant to a Class 1a building, is located no further forward on the allotment than 2.5m forward of the front wall of that building; and

Parts 2 to 20

Sch. 8

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

(c) in any other case, is located no further forward on the allotment than the front wall of that building to which it is appurtenant; and

(d) has a floor area not exceeding 20m ².

Sch. 8

17

Installation of a wood or solid fuel household heating appliance.

Note: Installation of a wood or solid fuel burning heater is plumbing work and must be carried out by a licensed plumber.

Parts 2 to 20

18

A re-locatable building that is a movable unit within the meaning of the Housing Act 1983 that is constructed for a community service and is to be used or intended to be used to provide temporary accommodation on a non-profit basis if—

(a) the building has a floor area not exceeding 30m ²; and

(b) the building is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and

(c) the building or building work will not adversely affect the structural soundness of that, or any other building; and

(d) the building or building work will not adversely affect the safety of the public or the occupiers of the building; and

Parts 2 to 20

Column 1

Column 2

Column 3

Item

Description of building or building work exempted from building permit and occupancy permit

Building regulations that building or building work exempted from

(e) the building is set back from an allotment boundary not less than 1m; and

(f) the building does not exceed a height of 3·6m; and

Sch. 8

(g) the building work will not involve construction over an easement vested in the council or other authority specified in regulation 310.

19

A relocatable building used as a State School (within the meaning of the Education Act 1958 ), a school (within the meaning of Part III of that Act), or a TAFE Institution (within the meaning of the Vocational and Education Training Act 1990 ) if—

(a) the building has a floor area not exceeding 300m ²; and

(b) the building or building work will not adversely affect the structural soundness of that, or any other building; and

(c) the building or building work will not adversely affect the safety of the public or the occupiers of the building.

Parts 2 to 20

Sch. 8

Í Í Í Í Í Í Í Í Í Í Í Í Í Í Í

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback

Column 1	Column 2	Column 3
Item	Description of building or building work exempted from building permit and occupancy permit	Building regulations that building or building work exempted from
2	Demolition of a freestanding Class 10 building that— (a) is not constructed of masonry; and (b) does not exceed 40m ²in floor area; and (c) will not adversely affect the safety of the public or occupiers of the building; and (d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 1995 . Note: This building work may require approval from the Executive Director within the meaning of the Heritage Act 1995 under that Act or of the National Trust of Australia (Victoria). Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 .	All Parts
3	Repair, renewal or maintenance of a part of an existing building, if the building work— (a) will not adversely affect the structural soundness of the building, and does not include— (i) an increase or decrease in the floor area or height of the building; or	All Parts

4	Alterations to a building, if the building work— (a) will not adversely affect the structural soundness of the building, and does not include— (i) an increase or decrease in the floor area or height of the building; or (ii) underpinning or replacement of footings; or (iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and (b) will not project beyond the street alignment; and (c) will not adversely affect the safety of the public or occupiers of the building; and (d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 1995 ; and (e) is not work in relation to, and will not adversely affect, an essential safety measure within the meanings of Subdivisions 1 and 2 of Division 1 of Part 12. Note : Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be	Parts 2 to 20
Column 1	Column 2	Column 3
Item	Description of building or building work exempted from building permit and occupancy permit	Building regulations that building or building work exempted from
	required to be maintained using particular materials. If the contract price for the carrying out of domestic building work is more than $5000, the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995 .
5	Any building that is not of a Class listed in clause A3.2 of Volume One of the BCA and clause 1.3.2 of Volume Two of the BCA.	All Parts
6	A building used only temporarily for the duration of building work for— (a) construction purposes; or (b) display purposes.	All Parts
7	Temporary structures other than those to which regulation 1104 applies.	All Parts
8	A swimming pool with a depth not exceeding 300mm.	All Parts
9	A relocatable swimming pool that is erected temporarily in an area that is enclosed by barriers complying with AS 1926.1—1993 Swimming Pool Safety Part 1: Fencing for swimming pools, published 26 July 1993, as published from time to time. Note: This exemption applies only to the relocatable swimming pool and not to the barriers.	All Parts

13	Any mast, pole, antenna, aerial or similar Class 10b structure— (a) attached to a building and which does not exceed a height of 3m above the highest point of the attachment to the building; or (b) not attached to a building and which does not exceed a height of 8m.	All Parts
14	Any facility (within the meaning of paragraph (b) of the definition of "facility" in section 7 of the Telecommunications Act 1997 of the Commonwealth) and construction or demolition of such a facility by a carrier (within the meaning of that section).	Parts 2 to 20 except Part 4
15	Any retaining wall less than 1m in height that is not associated with other building work or with protection of adjoining property.	Parts 2 to 20 except reg. 606
16	A pergola that— (a) is not more than 3·6m in height; and (b) in the case of a pergola that is appurtenant to a Class 1a building, is located no further forward on the allotment than 2.5m forward of the front wall of that building; and	Parts 2 to 20

17	Installation of a wood or solid fuel household heating appliance. Note: Installation of a wood or solid fuel burning heater is plumbing work and must be carried out by a licensed plumber.	Parts 2 to 20
18	A re-locatable building that is a movable unit within the meaning of the Housing Act 1983 that is constructed for a community service and is to be used or intended to be used to provide temporary accommodation on a non-profit basis if— (a) the building has a floor area not exceeding 30m ²; and (b) the building is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and (c) the building or building work will not adversely affect the structural soundness of that, or any other building; and (d) the building or building work will not adversely affect the safety of the public or the occupiers of the building; and	Parts 2 to 20
Column 1	Column 2	Column 3
Item	Description of building or building work exempted from building permit and occupancy permit	Building regulations that building or building work exempted from
	(e) the building is set back from an allotment boundary not less than 1m; and (f) the building does not exceed a height of 3·6m; and