Version No. 064 Building Regulations 1994 S. R. No. 81/1994




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Part 5—Building Work

Division 1—General provisions

5.1 Testing of materials


r. 5.1

(1) The relevant building surveyor may require that the owner or builder carrying out building work for which a building permit has been issued arrange for the testing of any material used in the building work and as a result of those tests may prohibit the use of any material which—

(a) does not meet the requirements of these Regulations; or

(b) is found to be unsuitable or unfit for the purposes for which it is intended.

(2) Tests under sub-regulation (1) must be carried out by a Registered Testing Authority or an approved person or organisation.

5.2 Protection of adjoining property

(1) Protection work must be provided in respect of an adjoining property, before and during the carrying out of any building work, if required by the relevant building surveyor.

(2) The notice required to be given by the owner to the adjoining owner by section 84 of the Act must be—

(a) in accordance with Form 6; and

(b) accompanied by 3 copies of Form 7.

(3) The notice required to be given by the adjoining owner to the owner under section 85 of the Act agreeing or disagreeing to the proposed protection work or requiring more information must be in accordance with Form 7.

(4) A written notice of determination by the relevant building surveyor under section 87 of the Act must include the prescribed appeal period under regulation 12.1.


Reg. 5.2(5) inserted by S.R. No. 161/1996 reg. 16.

(5) Despite sub-regulation (1) an owner is not required to carry out protection work in respect of an adjoining property before or during the carrying out of building work for which a permit is required if—

r. 5.2

(a) no buildings are to be erected or building work is to be carried out on, over, under, or in the air space of the adjoining property; and

(b) the application is accompanied by—

(i) a certificate under section 238 of the Act from the engineer who designed the building work who is a registered building practitioner in the category of engineer, class of civil engineer, certifying that the building work complies with the Act and regulations; and

(ii) a further certificate under section 238 of the Act from an independent engineer who is a registered building practitioner in the category of engineer, class of civil engineer, certifying that the building work complies with the Act and regulations; and

(c) the applicant has provided the adjoining owner with a copy of the certificates provided under paragraph (b), and all documents referred to in the certificates, prior to the issue of the building permit.

5.3 Protection of the public


r. 5.3

(1) Precautions must be taken before and during building work to protect the safety of the public if required by the relevant building surveyor.

(2) The precautions must be approved by the relevant building surveyor before building work is commenced.

(3) Before and during the carrying out of building work all excavations must be fenced or otherwise guarded against being a danger to life or property.


Reg. 5.3(4) amended by S.R. No. 121/1995
reg. 27(a).


(4) The consent and report of the relevant council must be obtained to an application for a building permit relating to the erection of precautions over the street alignment unless a local law requires the taking of precautions and the precautions comply with the local law.

Reg. 5.3(5) revoked by S.R. No. 121/1995
reg. 27(b).


* * * * *

5.4 Excavations

(1) All excavations and backfilling must be executed in a safe and workmanlike manner.

(2) Unless exempted by the relevant building surveyor, all water must be removed or diverted from excavations before the laying of footings.

5.5 Retaining Walls



Reg. 5.5(1) substituted by S.R. No. 121/1995
reg. 28.


(1) Except where protection work is required under regulation 5.2, the municipal building surveyor may require the owner of an allotment to provide retaining walls or other means of maintaining the stability of the soil, if the municipal building surveyor considers that the stability of the ground on the allotment for the purpose of building work or any adjoining allotment has been or may be adversely affected by any excavation or filling of soil on the allotment.

(2) An owner of an allotment must comply with a requirement in relation to the allotment under sub-regulation (1).



  1. 10 penalty units.

5.6 Demolition

r. 5.6

(1) Precautions must be taken before and during demolition in accordance with AS 2601—1991 Demolition of Structures and the following—

(a) the demolition must not be commenced until the precautionary measures have been inspected and approved by the relevant building surveyor; and

(b) no part of any external wall on or within 3m of a street alignment may be pulled down except during the hours that the relevant building surveyor directs; and

(c) protective outriggers must be installed where necessary to guard against danger to life or property or when required by the relevant building surveyor; and

(d) the site must be cleared of all debris.

(2) The relevant building surveyor may exempt minor demolition work from the requirements of sub-regulation (1) if the relevant building surveyor is of the opinion that the nature of the demolition work does not warrant those measures.

5.7 Alterations

(1) This regulation applies to alterations to an existing building.

(2) Subject to this regulation, building work to alter an existing building must comply with these Regulations.

(3) If the proposed alterations, together with any other alterations completed or permitted within the previous 3 years, represent more than half the original volume of the building the entire building must be brought into conformity with these Regulations.



Reg. 5.7(4) substituted by S.R. Nos 121/1995
reg. 29, 161/1996 reg. 17, 74/1999 reg. 18.


(4) The relevant building surveyor may consent to partial compliance with sub-regulation (2) or (3).


Reg. 5.7(5) substituted by S.R. No. 74/1999 reg. 18.

r. 5.7

(5) In determining whether to consent to partial compliance with sub-regulation (2) or (3) in respect of any alteration to a building, the relevant building surveyor must take into account—

(a) the structural adequacy of the building; and

(b) the requirements necessary to make reasonable provision for—

(i) the amenity of the building and the safety and health of people using the building; and

(ii) avoiding the spread of fire to or from any adjoining building.


Reg. 5.7(6) inserted by S.R. No. 74/1999 reg. 18.

(6) If any part of the alteration is an extension to an existing building, the relevant building surveyor may only consent to partial compliance in respect of the extension if the floor area of the extension is not greater than—

(a) 25% of the floor area of the existing building; or

(b) 1000m2

whichever is the lesser.



Reg. 5.8 substituted by S.R. No. 121/1995
reg. 30, revoked by S.R. No. 161/1996 reg. 18,
new reg. 5.8 inserted by S.R. No. 74/1999 reg. 19.


5.8 Alterations which affect exits and paths of travel to exits

r. 5.8

(1) If a proposed alteration to a Class 2, 3, 4, 5, 6, 7, 8 or 9 building would adversely affect any exit or path of travel to an exit, the building must comply with Section D of Volume One of the BCA.

(2) The relevant building surveyor may consent to partial compliance with sub-regulation (1).

(3) In determining whether to consent to partial compliance with sub-regulation (1) the relevant building surveyor must take into account the requirements necessary to make reasonable provision for the safety of people using the building.

5.9 Storm water drainage

(1) The design of every stormwater drainage system to the point of discharge on an allotment must be approved by the relevant building surveyor.


Reg. 5.9(2) substituted by S.R. No. 121/1995
reg. 31(1).


(2) The report of the relevant council indicating the location of the point of discharge from an allotment either within the allotment or at the allotment boundary must be obtained in relation to an application for a building permit for the carrying out of building work which includes a stormwater drainage system.

Reg. 5.9(3) revoked by S.R. No. 121/1995
reg. 31(2).


* * * * *

Division 2—Special provisions

Reg. 5.10 substituted by S.R. No. 121/1995
reg. 32, amended by S.R. Nos 161/1996 reg. 19, 74/1999 reg. 20.


5.10 Extension of non-complying external wall

r. 5.10

Despite any other provision in these Regulations to the contrary, a single storey external wall (including any openings) of a Class 1 building may be extended once a maximum of 6m measured horizontally in similar construction without the extension of the wall complying with performance requirement P2.3.1 of Volume Two of the BCA.

5.11 Record of pile-driving

Any person installing piles must—

(a) keep a record of all pile-driving operations undertaken during the construction including any determination of allowable loadings; and

(b) make the records available for inspection by the relevant building surveyor during the progress of the pile-driving operations; and


Reg. 5.11(c) amended by S.R. No. 121/1995 reg. 33.

(c) within 28 days of the completion of the pile-driving operations forward the complete records of the pile-driving operations to the relevant building surveyor.

  1. 10 penalty units.

5.12 Branding of timber

(1) Nothing in this regulation applies to timber—

(a) to be used as a stump, sole plate or as fencing material; or

(b) having a dimension of 25mm or less; or

(c) comprising part of a manufactured component which complies with AS 1720.1—1988 Timber Structures (SAA Timber Structures Code); or

(d) which has been previously used, but which in the opinion of the relevant building surveyor is suitable to be used for structural purposes.



Reg. 5.12(2) amended by S.R. No. 74/1999 reg. 21.

(2) Despite performance requirement BP1.1 of Volume One and performance requirement P2.1 of Volume Two of the BCA, every piece of timber to be used for structural purposes must be—

(a) stress graded in accordance with whichever of the following Australian Standards is applicable to the type of timber—

(i) AS 2082—1979 Visually stress graded hardwood for structural purposes; or


r. 5.12

(ii) AS 2858—1986 Timber—Softwood—Visually stress graded for structural purposes; or

(iii) AS 1748—1978 Mechanically stress graded timber; and

(b) marked at least once in a position not less than 400mm from one end with—

(i) the source of the stress grading; and

(ii) the word "seasoned" or the letter "S" if seasoned in accordance with AS 2082 or AS 2858; and

(iii) the stress grade or stress grade colour in accordance with AS 1613—1974 Colours for marking stress graded timber.


Division 3—Existing swimming pools

Reg. 5.13 amended by S.R. No. 109/2000 reg. 7, substituted by S.R. No. 176/2001 reg. 7.

5.13 Safety of existing swimming pools and spas

r. 5.13

(1) This regulation applies to a swimming pool or spa

(a) on an allotment containing a Class 1 or 10 building; and

(b) capable of containing a depth of water exceeding 300mm; and

(c) constructed, or for which building approval was granted, before 8 April 1991.

(2) The owner of the swimming pool or spa must ensure that one or more of the following barriers are in place to restrict access to the part of the allotment or building containing the swimming pool or spa—

(a) a wall of a building, but only if—

(i) any door or gate in the wall complies with sub-regulation (3); and

(ii) any openable part of any window in the wall—

(A) is not less than 24m above the ground or paving immediately external to the window; or

(B) is not less than 15m above the floor of the room containing the window; or

(C) has a catch, bolt or lock located not less than 15m above that floor level; or

(D) has a securely fitted fly screen;

(b) a fence and gate complying with AS 1926.1–1993 Fencing for swimming pools;

(c) a paling, or imperforate fence if—

(i) it is at least 15m in height measured above the ground level on the approach side; and

(ii) any door or gate in the fence complies with sub-regulation (3).



  1. 50 penalty units.

(3) With respect to any door or gate providing access to the part of the allotment or building containing the swimming pool or spa, the owner of the swimming pool or spa must ensure—

Reg. 5.13(3)(a) amended by S.R. No. 43/2003 reg. 9(a).

r. 5.13

(a) that there is a self-locking or self-latching device that prevents the door or gate, if the door or gate is in its closed position, from being opened by a person unable to reach the opening mechanism for the door or gate; and

(b) that the opening mechanism is located not less than 15m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and



Reg. 5.13(3)(c) substituted by S.R. Nos 176/2001 reg. 9, 43/2003 reg. 9(b).

(c) that the door or gate is fitted with a device that returns the door or gate to its closed position

(i) from any position in the range of positions from fully open to resting on the lock or latch; and

(ii) from a stationary start from any position within that range without the application of manual force.


  1. 50 penalty units.

(4) In this regulation, "owner" in relation to a swimming pool or spa means—

(a) in the case of a swimming pool or spa on an allotment being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that allotment; and

(b) in the case of a swimming pool or spa on any other allotment, the owner of that allotment.


Reg. 5.13A inserted by S.R. No. 176/2001 reg. 8.

5.13A. Swimming pool safety maintenance and operation

r. 5.13A

(1) The occupier of an allotment containing a swimming pool or spa appurtenant to a Class 1 or 10 building must take all reasonable steps to ensure that any fence or other barrier, door, gate, lock, latch, catch, bolt or fly screen restricting access to the swimming pool or spa is maintained and operating effectively at all times.

  1. 50 penalty units.

(2) The occupier of an allotment described in sub-regulation (1) must take all reasonable steps to ensure that any gate or door forming part of a swimming pool barrier or fence that provides access to the swimming pool or spa is in the closed position except when a person is in the act of entering or leaving the part of the allotment containing the swimming pool or spa.

  1. 50 penalty units.

(3) A person who enters or leaves the part of a building or allotment containing a swimming pool or spa must ensure that any gate or door forming part of a swimming pool barrier or fence that provides access to the swimming pool or spa is in the closed position at all times, except when that person or another person is in the act of entering or leaving that part of the building or allotment.

  1. 50 penalty units.


Pt 5 Div. 4 (Heading and reg. 5.14) inserted by S.R. No. 161/1996 reg. 20.
Division 4—Fire safety in certain existing residential buildings


Reg. 5.14 inserted by S.R. No. 161/1996 reg. 20.

5.14 Self contained smoke alarms


r. 5.14




Reg. 5.14(1) substituted by S.R. No. 79/1997
reg. 11.


(1) This regulation applies to any Class 1, 2 or 3 building or Class 4 part of a building constructed or for which a building approval or building permit was granted prior to 1 August 1997.

(2) A self contained smoke alarm complying with AS 3786—1993 must be installed in each dwelling or sole-occupancy unit (which is or forms part of a building to which this regulation applies) in appropriate locations on or near the ceiling of every storey of the dwelling or sole-occupancy unit.

(3) The appropriate locations referred to in sub-regulation (2) must be as determined in accordance with Practice Note No. 27 issued by the Building Control Commission in November 1996.


Reg. 5.14(4) revoked by S.R. No. 43/2003 reg. 10.

* * * * *

(5) This regulation must be complied with by—

(a) in the case of a dwelling or sole-occupancy unit being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that dwelling or unit; and

(b) in the case of any other dwelling or sole-occupancy unit, the owner of that dwelling or unit.

(6) A person who fails to comply with this regulation is guilty of an offence and liable to a penalty not exceeding 5 penalty units.


Reg. 5.15 inserted by S.R. No. 79/1997 reg. 12.

5.15 Residential care buildings

r. 5.15

(1) This regulation applies to any building—


Reg. 5.15(1)(a) substituted by S.R. No. 43/2003 reg. 11.

(a) which is a place of residence where 10% or more of persons who reside there need physical assistance in conducting their daily activities and to evacuate the building during an emergency (including any residential care service, State funded residential care service or supported residential service as defined in the Health Services Act 1988) but does not include

(i) a hospital; or

(ii) a dwelling in which 2 or more members of the same family and not more than 2 other persons would ordinarily be resident; or

(iii) a place of residence where only one resident needs physical assistance in conducting their daily activities and to evacuate the building during an emergency; and

(b) which was constructed or for which a building approval or building permit was granted prior to 1 August 1997.

(2) A residential type fire sprinkler system complying with AS 2118.4—1995 Automatic fire sprinkler systems—Residential must be installed in each building to which this regulation applies.



Reg. 5.15(3) substituted by S.R. No. 74/1999 reg. 22.

(3) If the sprinkler system referred to in sub-regulation (2) has more than 100 heads or the building to which this regulation applies accommodates more than 32 residents, the sprinkler system must be connected to a fire station or other approved monitoring service in accordance with Practice Note No. 7 reissued by the Building Control Commission in March 1999.

(4) This regulation must be complied with—

(a) within 5 years of the date of commencement of this regulation; or


r. 5.15

(b) if a contract for the sale of the building is entered into after that commencement, within 6 months after—

(i) in the case of a contract other than a terms contract (as defined in section 2 of the Sale of Land Act 1962), the date of completion of the contract; and

(ii) in the case of a terms contract, the purchaser becomes entitled to possession or to the receipt of rents and profits under the contract—

whichever is earlier.

(5) This regulation must be complied with by—

(a) in the case of a building being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that building; and

(b) in the case of any other building, the owner of that building.


r. 5.15

(6) A person who fails to comply with this regulation is guilty of an offence and liable to a penalty not exceeding 10 penalty units.

_______________

Part 6—Building Work in Special Areas


Reg. 6.1 substituted by S.R. No. 121/1995
reg. 34, amended by S.R. Nos 161/1996 reg. 21, 74/1999 reg. 23.


6.1 Unsewered areas

r. 6.1

The consent and report of the relevant council must be obtained to an application for a building permit which requires the installation of any soil and waste disposal reticulation system in an unsewered area or the construction of a building over an existing reticulation system in an unsewered area.

Reg. 6.2 amended by S.R. No. 121/1995 reg. 35(a)–(c), substituted by S.R. No. 161/1996 reg. 22.

6.2 Flood areas

(1) This regulation does not apply to—

(a) a Class 10 building; or

(b) an unenclosed floor area of a building; or

(c) an alteration to an existing building if the area of the existing building is not increased by more than 20m2.

(2) For the purposes of this regulation land is in an area liable to flooding if—

(a) by or under the Water Act 1989 it is determined as being liable to flooding however expressed; or

(b) it is identified in a planning scheme under the Planning and Environment Act 1987 as being in an area liable to flooding; or

(c) it is described on a sealed plan of subdivision or plan of strata subdivision or plan of cluster subdivision (as the case requires) as being liable to flooding, however expressed; or

(d) it is designated by the relevant council as likely to be flooded by waters from—

(i) a waterway, as defined in section 3 of the Water Act 1989; or

(ii) any land upon which water concentrates or upon or over which surface water usually or occasionally flows (whether in a defined channel or otherwise) including land affected by flow from a drainage system.



r. 6.2

(3) The consent and report of the relevant council must be obtained to an application for a building permit if the site is on an allotment that is in an area liable to flooding.

Reg. 6.2(3A) inserted by S.R. No. 43/2003 reg. 12.

(3A) The consent and report of the relevant council under sub-regulation (3) need not be obtained to an application for a building permit if

(a) a planning permit is required for the construction of the building; and

(b) the relevant planning scheme regulates the level of the lowest floor of the building in relation to any flood level declared under the Water Act 1989 or otherwise determined by the floodplain management authority or the council.

(4) The relevant council must not give its consent under sub-regulation (3) if it is of the opinion that there is likely to be a danger to the life, health or safety of the occupants of the building due to flooding of the site.

(5) In its report under sub-regulation (3) the relevant council may specify a level for the surface of the lowest floor of a building on the site.
(6) Before specifying a floor level under sub-regulation (5) the relevant council must—

(a) consult with the floodplain management authority for that site; and

(b) specify a level at least 300 mm above any flood levels declared under the Water Act 1989 or otherwise determined by the floodplain management authority, unless the authority consents to a lower floor level.

(7) The relevant council must without delay advise the floodplain management authority and any authority empowered to carry out any function under the Water Act 1989 in relation to sewerage on that site, of the floor level (if any) specified under sub-regulation (5).

6.3 Termite areas


r. 6.3

(1) A council may designate areas within its municipal district in which buildings are likely to be subject to infestation by termites.

Reg. 6.3(2) amended by S.R. No. 74/1999 reg. 24(a).

(2) Despite anything to the contrary in performance requirement BP1.1 of Volume One of the BCA and performance requirement P2.1 of Volume Two of the BCA—

Reg. 6.3(2)(a) amended by S.R. No. 74/1999 reg. 24(b).

(a) a primary building element is only required to be protected against termite infestation if it is part of a building being constructed in an area designated under sub-regulation (1); and

(b) a detached Class 10 building is not required to be protected against termite infestation.



Reg. 6.4 substituted by S.R. No. 43/2003 reg. 13.

6.4 Designated bushfire prone areas

(1) A council, after consultation with the chief officer, may determine that areas within its municipal district are designated bushfire prone areas for the purposes of the BCA.

(2) If a building is to be constructed on an allotment in a designated bushfire prone area and

(a) a planning permit is required for the construction of the building on the allotment; and

(b) a site assessment for the purpose of determining bushfire risk to the building has been considered as part of the application for the planning permit

the relevant building surveyor may accept that site assessment for the purpose of determining the construction requirements that are applicable to the building due to the allotment being in a designated bushfire prone area.

6.5 Alpine areas


r. 6.5

For the purposes of the BCA, a council may determine the areas in its municipal district which in its opinion are likely to be subject to significant snowfalls.

Reg. 6.6 inserted by S.R. No. 121/1995
reg. 36.


6.6 Uncontrolled overland drainage

(1) In this regulation—



"designated land or works" in relation to an area of land means any land or works declared to be designated land or works in relation to that area pursuant to Part 10 of the Water Act 1989.

(2) The consent and report of the relevant council must be obtained for an application for a building permit for the construction of a building on designated land.

(3) The consent and report may include conditions controlling the location and construction of retaining walls and fences in relation to designated land or works affecting the site.


Reg. 6.7 inserted by S.R. No. 161/1996 reg. 23.

6.7 Special areas designation and mapping

r. 6.7

(1) In this regulation—

"designated special area" means—

(a) an area designated, determined, identified or described as liable to flooding in accordance with regulation 6.2; and

(b) an area designated as likely to be subject to infestation by termites in accordance with regulation 6.3; and

(c) an area determined as a designated bush fire prone area in accordance with regulation 6.4; and

(d) an area determined as likely to be subject to significant snowfalls in accordance with regulation 6.5; and

(e) an area declared to be designated land as referred to in regulation 6.6.

(2) A council must prepare maps for all designated special areas within its municipal district as soon as practicable after 1 February 1997.

(3) If in a municipal district a designated special area is altered or a new designated special area is created a relevant council must as soon as practicable—

(a) amend the map for that designated special area; or

(b) prepare a map of that designated special area created.

(4) A council must advise the Commission within 7 days if a designated special area within its municipal district is altered or if a new designated special area is created.

(5) The relevant council must lodge with the Building Control Commission within 7 days copies of designated special areas maps amended or prepared under sub-regulation (2) or (3).



r. 6.7

(6) A council must make an up to date copy of each designated special area map applicable to its municipal district which has been prepared under this regulation available to the public at the offices of the council during normal business hours.

_______________

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