{"id":"sl-2008-3","name":"Building (General) Regulation 2008","slug":"building-general-regulation-2008","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"3 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173262,"registerId":"act-sl-2008-3-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":0},{"sectionNumber":"4A","sectionType":"section","heading":"Offences against regulation—application of Criminal","content":"4A Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of building work—Act, s 6 (2)","content":"5 Meaning of building work—Act, s 6 (2)\nFor the Act:\nbuilding work includes building work that involves handling asbestos\nor disturbing friable asbestos.\nExamples—handling asbestos or disturbing friable asbestos\n1 removal of asbestos\n2 cutting a hole in a sheet of asbestos\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Exempt buildings and building work generally—Act,","content":"6 Exempt buildings and building work generally—Act,\ns 152 (2)\n(1) A building or building work mentioned in schedule 1, part 1.2 is\nexempt from the application of the Act subject to any condition\nmentioned in column 3 for the building or building work.\n(2) Also, a building mentioned in schedule 1, part 1.2, items 2 to 15 is\nnot exempt if the building is erected at affected residential premises.\n(3) A building or building work mentioned in schedule 1, part 1.3 is\nexempt from the application of the parts of the Act stated in column 3\nsubject to any condition mentioned in column 4 for the building or\nbuilding work.\n(4) Also, a building or building work mentioned in schedule 1, part 1.3\n(other than a building mentioned in item 26) is not exempt if building\nwork at the building may affect—\n(a) the structural integrity of any part of a building for which a\ncertificate under the Act, part 5 (Building occupancy) has been\nissued; or\n(b) a fire-rated wall, ceiling or floor; or\n(c) a ventilation or air-handling system, fire protection system or\nother mechanical service; or\n\nImportant concepts Part 2\n(d) a fire-escape, emergency lift, stairway, exit or passageway to an\nexit; or\n(e) the natural light or ventilation available to a building for which\na certificate under the Act, part 5 (Building occupancy) has been\nissued; or\n(f) the building in a way that reduces its compliance with the\nbuilding code to a level that is less than the minimum\nrequirements of the code.\nExample—par (f)\nA house built in 1996 complies with the building code as in force in 1996\n(the 1996 building code). Although the house was not required to be\nenergy-efficient under the 1996 building code, the house has an energy\nefficiency rating of 3 stars under the building code as currently in force. If\nbuilding work on the house alters the house in a way that causes its energy\nefficiency rating to drop below 3 stars, the building work is not exempt under\nsch 1, pt 1.3 (other than a building mentioned in item 26).\n(5) Subsection (4) does not apply to building work mentioned in\nschedule 1, part 1.3, item 25, if—\n(a) the building work complies with the minimum requirements of\nthe building code; and\n(b) the building work does not reduce the thickness of the material\nfrom which the sample material is removed by more than 1mm;\nand\n(c) no dimension of the sample material is more than 10mm.\n(6) Also, a building or building work mentioned in schedule 1, part 1.3\nis not exempt if—\n(a) the building is being substantially altered; and\n(b) the building work is required to ensure the building alteration\ncomplies with the Act and the building code as required by the\nAct, section 29 (1) (a).\n\n(7) Also, a building or building work mentioned in schedule 1, part 1.3,\nitems 14 to 16, 23 and 24 is not exempt if the building is erected or\nthe work is undertaken at affected residential premises.\n(8) In this section:\nsubstantial alteration—see section 23.\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Minister may exempt buildings—Act, s 152 (2)","content":"7 Minister may exempt buildings—Act, s 152 (2)\n(1) The Minister may exempt a building from the application of the Act,\nconditionally or otherwise, for a stated period of not longer than\n1 year.\nExample—conditions\n1 restricting the number of people allowed in a building\n2 requiring work on the building to be done by a licensed builder\n3 requiring fire and rescue service to be present outside the building when it is\nused for a stated event\n(2) An exemption is a disallowable instrument.\n\nExemption assessments Part 2A\n","sortOrder":4},{"sectionNumber":"7A","sectionType":"section","heading":"Number of copies of plans—Act, s 14 (2)","content":"7A Number of copies of plans—Act, s 14 (2)\nThe number of copies prescribed is—\n(a) 1 in electronic form; and\n(b) if the building surveyor asks for paper copies—3 copies.\n","sortOrder":5},{"sectionNumber":"7B","sectionType":"section","heading":"Additional details and material for exemption assessment","content":"7B Additional details and material for exemption assessment\napplication—Act, s 14 (3)\n(1) The following details are prescribed:\n(a) in relation to the parcel—\n(i) the block and section number and division; and\n(ii) the street name and number; and\n(iii) if relevant—the unit number or shop number;\n(b) in relation to the applicant—\n(i) if the applicant is an entity—the full name of the entity;\nand\n(ii) if the applicant is a company—the company name and the\nAustralian Company Number (ACN); and\n(iii) the postal address; and\n(iv) if the applicant has an email address—the email address;\nand\n(v) the contact telephone number; and\n(vi) if the applicant has a fax number—the fax number;\n(c) a brief description of the building work;\n(d) whether the building work has been carried out and, if so, the\ncommencement and completion dates of the building work.\n\n(2) If building work the subject of an application for an exemption\nassessment relates to a development proposal to which the Planning\n(Exempt Development) Regulation 2023, schedule 1, section 1.18\napplies, the application must be accompanied by a written notice that\nthe section has been complied with within 2 years before the day the\napplication is made.\nExample—written notice\na copy of any form prepared for the Planning (Exempt Development)\nRegulation 2023, sch 1, s 1.18 and a statement about how and when it was given\n","sortOrder":6},{"sectionNumber":"7C","sectionType":"section","heading":"Plan information and requirements—Act, s 14 (4)","content":"7C Plan information and requirements—Act, s 14 (4)\n(1) The information set out in section 12 (2) (a), (d), (f) and (h) is\n(2) The requirements set out in section 16 (2) and section 17 (2) are\n","sortOrder":7},{"sectionNumber":"7D","sectionType":"section","heading":"Exemption assessment B notices—Act, s 14B (2) (b) (iii)","content":"7D Exemption assessment B notices—Act, s 14B (2) (b) (iii)\nThe following are prescribed:\n(a) any information that was used by the building surveyor in\nassessing whether the building work is exempt or not;\n(b) the building surveyor’s full name and licence number;\n(c) if the building surveyor is a corporation—the building\nsurveyor’s ACN;\n(d) the building surveyor’s postal address, email address (if any),\ncontact telephone number and fax number (if any);\n(e) the building surveyor’s signature or, if the building surveyor is\nnot an individual, the signature of the building surveyor’s\nnominee under the Construction Occupations (Licensing)\nRegulation 2004, section 15 (2);\n(f) the date of the notice.\n\nExemption assessments Part 2A\n","sortOrder":8},{"sectionNumber":"7E","sectionType":"section","heading":"Exemption assessment B notice—attached documents––","content":"7E Exemption assessment B notice—attached documents––\nAct, s 14B (3) (a) and (b)\n(1) A copy of the plans used by the building surveyor in an exemption\nassessment of the building work is prescribed.\n(2) If the building surveyor assesses that the building work, or part of the\nbuilding work, is exempt—\n(a) the exemption must be marked on, or attached to, or partly\nmarked on or partly attached to, each page of the plans used by\nthe surveyor in the assessment; and\n(b) the building surveyor must initial, date and mark the building\nsurveyor’s licence number on each page of the plans.\n(3) However, if, because of the size of the plans, it is impractical to mark\nthe exemption on each page of the plans, the building surveyor may,\ninstead of marking the exemption under subsection (2) (a), mark each\npage of the plans with—\n(a) the building surveyor’s initials and licence number and the date;\nand\n(b) an indication that the details of the exemption are in the\nexemption assessment B notice.\n(4) The pages of any document attached to an exemption assessment\nB notice must be numbered consecutively through each document,\nstarting with the number 1 and each page must state the total number\nof pages comprising the attached documents.\nExample\nAn exemption assessment B notice has 3 attached documents that total 25 pages.\nEach page of the attachments, starting from the first page, is numbered as ‘page 1\nof 25’, ‘page 2 of 25’ and so on, until the last page of the final attachment which is\nnumbered ‘page 25 of 25’.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Criteria for appointment of government certifier—Act,","content":"8 Criteria for appointment of government certifier—Act,\ns 20 (4)\nThe criteria for the appointment of a government certifier for building\nwork are—\n(a) a building approval for the work is in force; and\n(b) a licensed builder has started the work; and\n(c) the owner of the land where the work is being carried out cannot,\nafter making reasonable efforts, appoint a certifier for the work.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Definitions—div 3.2","content":"9 Definitions—div 3.2\nIn this division:\nproposed building work means building work proposed to be carried\nout under an application for building approval.\n","sortOrder":11},{"sectionNumber":"9A","sectionType":"section","heading":"Site work notice—Act, s 25AA","content":"9A Site work notice—Act, s 25AA\nThe following information is prescribed:\n(a) in relation to the parcel of land on which the site work is carried\nout—\n(i) the block and section number and division; and\n(ii) the street name and number;\n(b) a reference to any provision of the Planning (Exempt\nDevelopment) Regulation 2023 or Planning (General)\nRegulation 2023 relied on by the certifier to assess the site work\nas exempt development;\n\n(c) the certifier’s name, licence number and signature;\n(d) the date the notice is signed by the certifier.\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Number of copies of plans—Act, s 26 (2) (a)","content":"10 Number of copies of plans—Act, s 26 (2) (a)\nThe number of copies prescribed is—\n(a) 1 in electronic form; and\n(b) if the certifier asks for a paper copy—1 copy.\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"General requirements for application for building","content":"11 General requirements for application for building\napprovals—Act, s 26 (3)\n(1) The following requirements are prescribed for an application for\nbuilding approval:\n(a) the application must contain an estimate of the cost of the\nproposed building work worked out in accordance with a\nmethod determined by the construction occupations registrar;\n(b) if the building work is proposed to be carried out at or near a\nstreet or place that is open to or used by the public—the\napplication must contain details of the precautions proposed to\nbe taken to protect the safety of people using the street or place\nwhile the building work is carried out;\n(c) the application must state the area of the parcel of land;\n(d) if a performance requirement of the building code is to be\ncomplied with by use of a performance solution under the code,\nthe application must state—\n(i) the performance requirement; and\n(ii) the performance solution; and\n(iii) each assessment method used to show that the alternative\nsolution complies with the performance requirement.\n\n(2) A determination under subsection (1) (a) is a notifiable instrument.\nperformance requirement—see the building code.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Building erection and alteration—Act, s 26 (3)","content":"12 Building erection and alteration—Act, s 26 (3)\nthe erection or alteration of a building.\n(2) The following information must be included in either the application\nor the plans accompanying the application:\n(a) the class of the building according to the intended use of the\nbuilding as proposed to be erected or altered;\n(b) what fire-resisting construction type (under the building code)\nthe building as proposed to be erected or altered will be, if\napplicable to the building;\nNote Fire-resisting construction type may not be applicable if a\nperformance solution under the building code is used.\n(c) for an application relating to the erection of a class 1 building—\nthe site classification of the parcel of land;\n(d) for an application relating to the alteration of a class 1 building\nif the alteration will increase the building load carried by\nfoundation material beyond the building load carried by the\nfoundation before the alteration—the site classification of the\nparcel of land;\n(e) for an application relating to the alteration of a building—\n(i) the class and type of fire-resisting construction of the\nexisting building classified under the building code; and\n(ii) the materials used in the existing building;\nNote Fire-resisting construction type may not be applicable if a\nperformance solution under the building code is used.\n\n(f) the number of storeys of the building as proposed to be erected\nor altered;\n(g) the number of new dwellings (if any) created by the proposed\nbuilding work;\n(h) the floor area of the proposed building or proposed new part of\nthe building;\n(i) the materials to be used in the frame, floor, walls and roof of the\nproposed building or proposed new part of the building;\n(j) if the building code does not state a standard of work in relation\nto any part of the proposed building work and it is intended to\ncarry out that part of the proposed building work in accordance\nwith a standard of work stated in another document—\n(i) the nature of the proposed building work; and\n(ii) the title of the document; and\n(iii) each assessment method used to show that the proposed\nbuilding work complies with the standard of work stated in\nthe document.\nassessment method—see the building code.\nsite classification—see the building code.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Removal or demolition of buildings—Act, s 26 (3)","content":"13 Removal or demolition of buildings—Act, s 26 (3)\nthe removal or demolition of a building.\n\n(2) The following information must be included in either the application\nor the plans accompanying the application:\n(a) details of the methods to be used in carrying out the proposed\nbuilding work, including a work plan stated or set out in\nAS 2601 (Demolition of structures), as in force from time to\ntime;\nNote AS 2601 may be purchased at www.standards.org.au.\n(b) the number of dwellings (if any) to be demolished.\nremoval, of a building––\n(a) means the removal of the building from a place for re-erection,\nwith or without further alteration, at another place; and\n(b) includes the demolition of part of the building removed or\nproposed to be removed.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Bonded asbestos removal—Act, s 26 (3)","content":"14 Bonded asbestos removal—Act, s 26 (3)\nthe removal of bonded asbestos from a residential building.\n(2) The application must include an asbestos removal control plan for the\nremoval.\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Friable asbestos removal—Act, s 26 (3)","content":"15 Friable asbestos removal—Act, s 26 (3)\nthe removal of friable asbestos from a residential building.\n(2) The application must include an asbestos removal control plan for the\nremoval.\n\n","sortOrder":18},{"sectionNumber":"15A","sectionType":"section","heading":"Asbestos contamination report—Act, s 26 (3)","content":"15A Asbestos contamination report—Act, s 26 (3)\n(1) This section applies to an application for building approval in relation\nto affected residential premises.\n(2) The application must include a copy of the current asbestos\ncontamination report for the premises.\ncurrent asbestos contamination report—see the Dangerous\nSubstances Act 2004, section 47J (2).\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"General requirements for plans—Act, s 27 (1) (a)","content":"16 General requirements for plans—Act, s 27 (1) (a)\n(1) This section applies to plans accompanying an application for\nbuilding approval.\n(2) The plans must—\n(a) be drawn in accordance with AS 1100, unless the plans were\ndrawn before the standard commenced; and\n(b) show any area covered by the plans that is marked as an\neasement in the land titles register or on a deposited plan; and\n(c) if the building work will require the connection of, or alteration\nof the connection of, a pipe to the sewerage system—show any\npoint of connection of the pipe to the sewerage system; and\n(d) if the building work will require the connection of, or alteration\nof the connection of, a pipe to a water main—show any point of\nconnection of the pipe to the water main; and\n(e) if the building work will require the connection of, or alteration\nof the connection of, a pipe to a stormwater drain—show any\npoint of connection of the pipe to the stormwater system; and\n\n(f) if the building work will, when finished, alter the surface\nstormwater drainage on the parcel of land where the work is to\nbe done—show the proposed surface stormwater drainage on the\nparcel at the completion of the work; and\n(g) for the parcel of land where the work is to be done—include a\nsite plan on a scale of not less than 1:200 showing—\n(i) the block and section number of the land (or for land under\na land sublease, the sublease plan number); and\n(ii) the boundaries and dimensions of the land; and\n(h) if a performance requirement of the building code is to be\ncomplied with by use of a performance solution under the\nbuilding code—identify the performance solution and include a\nstatement that it is a performance solution under the building\ncode.\nbuilding work means building work to which the plans relate.\nperformance requirement—see the building code.\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Requirements for plans for alteration and erection of","content":"17 Requirements for plans for alteration and erection of\nbuildings—Act, s 27 (1) (a)\n(1) This section applies to plans that relate to the erection or alteration of\na building.\n(2) The plans must contain sufficient information about the proposed\nfinished dimensions, arrangement, locations and inherent\ncharacteristic of materials making up every element of the proposed\nbuilding work to allow—\n(a) a certifier to work out if a building erected or altered in\naccordance with the plan would contravene the Act; and\n(b) a competent builder to carry out the building work in accordance\nwith the plans and the Act; and\n\n(c) a certifier to work out if the building work, if carried out,\ncomplies with the plan and the Act; and\n(d) a certifier to work out if the building work is exempt from all or\npart of the Act.\nExamples—building work that complies with Act\n","sortOrder":21},{"sectionNumber":"1","sectionType":"section","heading":"Plans accompanying an application for building approval relate to the erection","content":"1 Plans accompanying an application for building approval relate to the erection\nof a house with a sheet metal roof. One of the conditions of the development\napproval for the house is that the roofing must not be white or off-white. The\nplans must show the proposed colour of the roof sheeting in sufficient detail to\nenable the certifier to decide if the colour complies with the development\napproval and the builder to erect a roof in a colour that complies with the\ndevelopment approval. Stating the name of a colour, for example, light grey,\nmay not be sufficiently descriptive unless the plans are accompanied by a\nrelevant colour chart, or manufacturer’s product colour, or a reference to a\nstandard colour in AS 2700 (Colour standards for general purposes).\n","sortOrder":22},{"sectionNumber":"2","sectionType":"section","heading":"A statement in plans accompanying an application for building approval to the","content":"2 A statement in plans accompanying an application for building approval to the\neffect that fire collars must be provided where pipes penetrate fire-rated walls\nmay not be sufficient detail about fire collars if the statement does not include\neither the technical details of the collars or the name of the manufacturer and\nmodel designation of the collars.\n","sortOrder":23},{"sectionNumber":"3","sectionType":"section","heading":"A statement in the plans about the dimensions of bolts may not be sufficient","content":"3 A statement in the plans about the dimensions of bolts may not be sufficient\ndetail if the statement does not include details about the technical\ncharacteristics of the bolts, for example, tensile strength and how tensile\nstrength is tested for and measured, by reference to an applicable standard like\nAS/NZS 1252 (High strength steel bolts with associated nuts and washers for\nstructural engineering).\nNote 1 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations and the building\ncode (see Legislation Act, s 104).\nNote 2 Australian standards may be purchased at www.standards.org.au.\n(3) The information in the plans under subsection (2) must—\n(a) be consistent with AS 1100; and\n(b) be apparent from reading the drawing, so that someone using the\nplans need not take measurements from the drawing.\n\n(4) Plans are taken to satisfy subsection (2) to the extent that they contain\nthe following information:\n(a) the extent, overall dimensions and main construction material of\na wall, partition, floor or roof if—\n(i) AS 1684 or AS 3623 applies to the framing for the wall,\npartition, floor or roof; or\n(ii) the framing is of the same scale and kind of arrangement\nas the framing to which those standards apply;\n(b) the location, overall dimensions and description or name of the\nproprietary product that is sufficient to identify a truss product\ntype for mass-produced proprietary trusses if—\n(i) the manufacturer publishes a written span table that states\nthe spanning capability of the truss; and\n(ii) the table applies directly to a truss and its span stated in the\nplan;\n(c) for masonry work to which AS 3700 applies—the overall extent\nand dimensions of the masonry work and structural details of\nreinforcement (if any);\n(d) for concrete work to which AS 2870 (which is about slabs and\nfootings) applies—the overall extent and dimensions of the\nconcrete work and structural details of reinforcement (if any).\nExample—par (a) (ii)\nAS 1684 applies to houses only. However, under par (a) (ii), it can be used for a\nfitout that has the same proportions as a house or for part of a building with the\nsame loads and requirements as a house.\n\n(5) However, subsection (4) does not apply in relation to a matter\nmentioned in the subsection if the plans provide for an addition to, or\nvariation from, the matter.\nExample\nA plan includes information on the extent, dimensions and main construction\nmaterial for a building whose walls, floors and roof comply with AS 3623.\nHowever, the plans also show a service utility pipe that penetrates a fire-rated wall.\nSubsection (4) does not apply to the additional information required when a\nfire-rated wall is penetrated. The details required under s (2) for any fire collar\nwould need to be included in the plan.\n(6) The plans may contain other information.\n(7) For this section, information is also taken to be contained in plans if\nthe information is in something attached to the plans.\n(8) In this section:\nAS 1684 means AS 1684 (Residential timber-framed construction—\ndesign criteria), as in force from time to time.\nAS 2870 means AS 2870 (Residential slabs and footings—\nconstruction), as in force from time to time.\nAS 3623 means AS 3623 (Domestic metal framing), as in force from\ntime to time.\nAS 3700 means AS 3700 (Masonry structures), as in force from time\nto time.\n","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Requirements for plans for asbestos removal—Act,","content":"18 Requirements for plans for asbestos removal—Act,\ns 27 (1) (a)\n(1) Plans that accompany an application for building approval for\nbuilding work involving the removal of bonded asbestos must show\nthe location of the bonded asbestos sheeting.\n\n(2) Plans that accompany an application for building approval for\nbuilding work involving the removal of asbestos (other than bonded\nasbestos) from a residential building must include the following\ninformation:\n(a) the location of the asbestos proposed to be removed;\n(b) the boundary of the area where people removing the asbestos\nwill be working;\n(c) if asbestos removed from the building is to be stored on the\nparcel of land where the building is—where the asbestos is to be\nstored;\n(d) if a decontamination facility, air filter or air supply equipment,\nis proposed to be used during the building work—where the\nfacility, filter or equipment is located.\n","sortOrder":25},{"sectionNumber":"18A","sectionType":"section","heading":"Building approval applications—asbestos warning","content":"18A Building approval applications—asbestos warning\nnotices—Act, s 152 (3) (b)\n(1) This section applies to an application—\n(a) for building approval under the Act, section 26 (Building\napproval applications); and\n(b) for approval of amended plans under the Act, section 31\n(Application for approval of amended plans).\n(2) Before issuing an approval under the Act, section 28 (Issue of\nbuilding approvals) or section 32 (Amendment of approved plans),\nthe certifier must decide whether loose-fill asbestos insulation was\ninstalled in—\n(a) a building—\n(i) on which the building work the subject of the application\nfor building approval is to be done; or\n\n(ii) to which the plans the subject of the application for\napproval of amended plans relates; or\n(b) a connected building.\n(3) For subsection (2), the certifier must decide that loose-fill asbestos\ninsulation—\n(a) was installed in the building or connected building if—\n(i) the building or connected building is in a prescribed area;\nand\n(ii) either—\n(A) the construction occupations registrar has issued a\nstatement that the registrar holds records indicating\nthat loose-fill asbestos insulation was installed in the\nbuilding or connected building; or\n(B) the certifier has information indicating that loose-fill\nasbestos insulation was installed in the building or\nconnected building; or\n(b) was not installed in the building or connected building if—\n(i) either—\n(A) the building and connected building are not in a\nprescribed area; or\n(B) the building or connected building is in a prescribed\narea, but the registrar has issued a statement that the\nregistrar does not hold any records indicating that\nloose-fill asbestos insulation was installed in the\nbuilding or connected building; and\n(ii) the certifier does not have any information indicating that\nloose-fill asbestos insulation was installed in the building\nor connected building.\n\n(4) The certifier is taken to have information indicating that loose-fill\nasbestos insulation was installed in a building or connected building\nif—\n(a) the building or connected building is included on the affected\nresidential premises register; and\n(b) the affected residential premises register is publicly available.\n(5) If the certifier decides that loose-fill asbestos insulation was installed\nin the building or connected building, the certifier must before issuing\nan approval mark each page of the approved plans with an asbestos\nwarning notice.\n(6) If the certifier decides that loose-fill asbestos insulation was not\ninstalled in the building or connected building, the certifier must not\nmark the approved plans with an asbestos warning notice.\n(7) The constructions occupations registrar may, in writing, declare an\narea to be a prescribed area if satisfied that loose-fill asbestos\ninsulation was installed in a building in the area.\n(8) A declaration is a notifiable instrument.\n(9) In this section:\naffected residential premises register—see the Dangerous\nSubstances Act 2004, section 47P.\nconnected building means a building attached to a building\nmentioned in subsection (2) (a), in a way that loose-fill asbestos fibres\ncould transfer between the buildings.\n","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Some building approval applications to be referred—","content":"19 Some building approval applications to be referred—\nAct s 27 (1) (b)\n\n(2) The application must be referred to an entity mentioned in an item in\nschedule 2 if the building work involves something prescribed in\nschedule 2 in relation to the entity.\n(3) A referral under subsection (2) must be accompanied by a copy of the\nplans relating to the proposed building work.\n","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Building approval applications—requirement to give","content":"20 Building approval applications—requirement to give\nadvice—Act s 30A (3)\n(1) This section applies if a building approval application, including an\namended application, is referred to an entity for advice.\nNote An application may be required to be referred to an entity under s 19.\n(2) The entity must give advice in relation to the building approval\napplication not later than 15 working days after the day the\napplication is given to the entity.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) The advice—\n(a) must be in writing; and\n(b) must relate to the entity’s area of authority; and\n(c) must state whether the entity supports or opposes the\napplication; and\n(d) if the entity supports the application—may include conditions to\nwhich the support is subject; and\n(e) if the entity opposes the application—must state the reasons for\nopposing the application.\n\n(4) If the advice includes a condition, the condition must not require the\nbuilding work to be carried out in a way that is inconsistent with, or\nmore burdensome than, the Act.\nExamples—requirement inconsistent with, or more burdensome than, Act\n1 If the building code includes a requirement about the safety of buildings in\nrelation to fire and associated heat and smoke, including fires inside buildings,\nor bushfires outside buildings, an entity authorised to give advice in relation to\nfire safety must not recommend or require a building to be constructed in a way\nthat is inconsistent with, or imposes more onerous requirements than, the code.\n2 If the building code includes a requirement about the structural sufficiency of\na building’s footings, an entity to which a building approval is referred must\nnot recommend or require the building to be constructed in a way that is\ninconsistent with, or impose more burdensome requirements than, the code.\nHowever, the advice may include a condition requiring the footing to provide\npiers on either side of a buried sewer main to prevent the loads of the building\nbeing applied to the main. This is because the building code does not require\nthe footing to not load the main; the piers are to protect the main and are not\nfor the structural sufficiency of the building.\n(5) For this section, advice relates to an entity’s area of authority if the\nentity has authority under a legislative provision for the area.\nExample—entity having authority\nUnder the Utilities Act 2000, an entity licensed to provide a utility service is\nrequired to comply with relevant industry codes relating to the protection of\ncustomers, consumers and the utility network. The entity may give advice on\nbuilding work in relation to that requirement.\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Approvals and consent required in relation to proposed","content":"21 Approvals and consent required in relation to proposed\nbuilding work—Act, s 152 (3) (c)\n(2) The certifier must be satisfied on reasonable grounds that the\nfollowing approvals or consents have been obtained in relation to the\nproposed building work:\n(a) any consent or approval required under a territory law in relation\nto the work;\n\n(b) if the work is, or forms part of, a development requiring\ndevelopment approval—development approval;\n(c) if the land is in a designated area—approval under the\nAustralian Capital Territory (Planning and Land Management)\nAct 1988 (Cwlth), section 12;\n(d) if the work involves the erection or alteration of a lift—a permit\nunder the Scaffolding and Lifts Regulation 1950, section 17.\n(3) If a development approval mentioned in subsection (2) (b) contains a\ncondition that must be complied with before the proposed building\nwork may start, the certifier must be satisfied on reasonable grounds\nthat the condition has been complied with.\n(4) In this section:\ndesignated area—see the Australian Capital Territory (Planning and\nLand Management) Act 1988 (Cwlth), section 4.\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Consultation required in relation to proposed building","content":"22 Consultation required in relation to proposed building\nwork—Act, s 152 (3) (c)\n(2) The certifier must be satisfied on reasonable grounds that the\nfollowing consultations have been undertaken in relation to the\nproposed building work:\n(a) if applicable, consultation with the relevant directors-general in\nrelation to—\n(i) procedures to be used in the demolition of any class 2,\nclass 3, class 4, class 5, class 6, class 7, class 8 or class 9\nbuilding; and\n(ii) any waste management plan provided in the application;\nand\n\n(iii) any asbestos removal control plan provided in the\napplication;\n(b) if it is proposed that the new building, or new part of the\nbuilding, is to be used as licensed premises—consultation with\nthe commissioner for fair trading in relation to—\n(i) occupancy loading for public areas at the premises; and\n(ii) kitchen facilities at the premises; and\n(iii) liquor serving counters at the premises; and\n(iv) toilet facilities and toilet rooms at the premises;\n(c) if it is proposed that the new building, or new part of the\nbuilding, is to be used as permitted premises—consultation with\nthe commissioner for fair trading in relation to occupancy\nloading for public areas at the premises;\n(d) consultation with the chief health officer in relation to the\napplication of any health law to the proposed new building or\nnew part of the building;\n(e) consultation with the environment protection authority if—\n(i) the new building or new part of the building is to be used\nto conduct a class A or class B activity; or\n(ii) an accredited code of practice applies to an activity to be\ncarried out in the new building or new part of the building.\n(3) The certifier has reasonable grounds to be satisfied that consultations\nmentioned in subsection (2) in relation to proposed building work\nhave been undertaken if the certifier is satisfied on reasonable\ngrounds that sufficient consultation in relation to the work has taken\nplace as part of a development application under the Planning\nAct 2023.\n\n(4) If subsection (3) applies to consultation with an entity in relation to\nproposed building work, the certifier must not require additional\nconsultation with the entity.\n(5) The certifier may be satisfied on reasonable grounds that an entity has\nbeen consulted under subsection (2) in relation to an application for\nbuilding approval if—\n(a) a copy of the application is given to the entity required to be\nconsulted; and\n(b) 10 working days have elapsed after the day the copy was given.\n(6) In this section:\naccredited code of practice means a code of practice accredited under\nthe Environment Protection Act 1997, section 31 (1).\nclass A activity means an activity listed in the Environment\nProtection Act 1997, schedule 1, table 1.2.\nclass B activity means an activity listed in the Environment\nProtection Act 1997, schedule 1, table 1.3.\nhealth law means a territory law that has as 1 of its objects or\npurposes the protection of public health.\nlicensed premises—see the Liquor Act 2010, dictionary.\nliquor serving counter, at premises—see the Liquor Regulation\n2010, dictionary.\noccupancy loading, for a public area at licensed premises or\npermitted premises—see the Liquor Act 2010, dictionary.\npermitted premises—see the Liquor Act 2010, dictionary.\nrelevant directors-general means the following:\n(a) the director-general of the administrative unit responsible for\nmunicipal services;\n\n(b) the director-general of the administrative unit responsible for the\nDangerous Substances Act 2004;\n(c) the director-general of the administrative unit responsible for the\nWork Health and Safety Act 2011.\ntoilet facility—see the Liquor Regulation 2010, schedule 1,\nsection 1.1.\ntoilet room—see the Liquor Regulation 2010, schedule 1, section 1.1.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Substantial alteration—Act, s 29 (2) (a)","content":"23 Substantial alteration—Act, s 29 (2) (a)\n(1) An alteration of a building is a substantial alteration if, during the\n3 years immediately before the day the application for building\napproval for the alteration is made—\n(a) for a class 1 building—the total floor area of the proposed\nalteration, not including any internal alteration, is more than\n50% of the floor area of the original building; and\n(b) for a class 2, 3, 4, 5, 6, 7, 8 or 9 building—the total floor area of\nthe proposed alteration, including any other alteration, is more\nthan 50% of the floor area of the original building.\n(2) However, neither refitting a building nor replacing the internal\nelements of the building is an alteration of the building unless the\nlayout and function of the internal spaces of the building are changed.\nfloor area, of a building, means the area of floor measured from the\nouter walls of the building, and includes the area on each storey of the\nbuilding if there is more than 1 storey.\nExamples—effect of s 23\n1 The floor area of a house is extended by 51%. The whole house must comply\nwith the Act and the building code, not just the extension (see s (1) (a)), other\nthan the parts of the building code that do not apply to the unaltered part of the\nhouse because of s 24.\n\n2 A 40m2 sunroom is added to a building, adding only 10% floor area to the\nbuilding. The sunroom must comply with the Act and the building code, but\nthe rest of the building need not comply if no other floor area has been altered\nin the previous 3 years (see s (1) (a)).\n3 A variety store and retail book shop (a class 6 building) are separated by a\ncommon wall in a shopping mall. The wall is removed to create a single larger\nroom.\nIf the room were to be used mainly for class 6 retailing, the only alteration is\nof an internal element, and the only alteration to the floor area is the addition\nof the floor area that was occupied by the wall.\nHowever, the room is converted for use as a carwash (making the building a\nclass 8 building). Because of the change in function, the total floor area of the\n2 shops and the floor area that was occupied by the wall have been altered for\nthis section. The altered floor area is the floor area of the carwash. In the\nprevious 3 years, other floor area alterations have taken place in the mall.\nThese add up to 49.5% of the mall’s total floor area on all levels. The floor\narea alteration to create the carwash area takes the total to 50.1%. The whole\nmall must comply with the Act and the building code, not just the carwash.\n4 A warehouse has no internal walls. A wall is built to divide the warehouse into\n2 spaces. This does not amount to a substantial alteration if both of the divided\nspaces continue to function as warehouse space.\nHowever, if 1 of the divided spaces is to be used as a retail sales room, for this\nsection the floor area of the space has been altered. If the floor area of the sales\nroom and the area occupied by the wall is more than 50% of the total floor\narea of the warehouse, the change amounts to a substantial alteration and all\nof the warehouse must comply with the Act and building code.\n5 A building contains a nightclub where a fire sprinkler system was installed\n1 year ago. Plans now propose to upgrade the air-conditioning system and\nfloor coverings throughout the building. As the work does not alter the floor\narea or function of the building it would not amount to a substantial alteration.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Unaltered parts need not comply with building code if","content":"24 Unaltered parts need not comply with building code if\nalternative requirements met—Act, s 29 (2) (b)\n(1) An unaltered part of a substantially altered class 1, class 10a or\nclass 10b building (an unaltered part) need not comply with the\nbuilding code as a whole if the unaltered part complies with the\nalternative requirements determined under subsection (2).\n\n(2) The Minister may determine alternative requirements for an unaltered\npart.\n(3) An alternative requirement may—\n(a) require an unaltered part to comply with—\n(i) a stated provision of the building code; or\n(ii) any other requirement; and\n(b) relate to anything in relation to an unaltered part, including—\n(i) glazing; or\n(ii) smoke alarms; or\n(iii) stairs; or\n(iv) barriers and handrails; or\n(v) an unaltered part in a bushfire-prone area; or\n(vi) regulated swimming pool access; or\n(vii) energy efficiency; or\n(viii) livable housing design.\n(4) A determination under subsection (2) is a disallowable instrument.\n","sortOrder":32},{"sectionNumber":"29A","sectionType":"section","heading":"Building approvals not to be issued—Act, s 30 (2)","content":"29A Building approvals not to be issued—Act, s 30 (2)\n(1) A building approval must not be issued for building work involving\nan affected building at affected residential premises unless the\nbuilding work is any of the following:\n(a) building work related to the demolition of the affected building\nincluding asbestos removal related to the demolition;\n(b) building work essential for health, safety or reasonable living\nconditions at affected residential premises.\n\n(2) The Minister may make guidelines about building work mentioned in\nsubsection (1) (b).\n(3) A guideline is a notifiable instrument.\n","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Significantly different from plan amendment—Act,","content":"30 Significantly different from plan amendment—Act,\ns 32 (4)\nA building (the new building) built to amended plans is significantly\ndifferent from a building (the old building) built to the unamended\nplans if—\n(a) the floor area, roof area or volume of the new building has\nchanged by more than 1% from the old building; or\n(b) the new building is not the same class of building as the old\n(c) if the old building had parts that are not of the same class of\nbuilding—\n(i) the position of the parts in the new building has changed;\nor\n(ii) the floor area, roof area or volume of the parts in the new\nbuilding has changed by more than 1% from the old\n(d) any dimension of the perimeter of the new building, including\nthe perimeter of the building’s footprint or an elevation, has\nchanged by more than 1% from the old building; or\n(e) the number of storeys or buildings in the new building is\ndifferent from the number in the old building.\nExample—change of dimension\nThe height of the building increases from 3m to 3.5m. The change of the dimension\nis more than 1%.\nNote The Act, s 42 requires building work to be carried out in accordance with\napproved plans.\n\n","sortOrder":34},{"sectionNumber":"30A","sectionType":"section","heading":"Requirements for sign for certain building work—Act,","content":"30A Requirements for sign for certain building work—Act,\ns 37A (4) and s 37B (2) (a)\nThe following requirements are prescribed:\n(a) the sign must be at least 600mm x 900mm;\n(b) the sign must contain the following heading in bold typeface at\nleast 50mm high:\n‘Notice about building work’;\n(c) the sign must include the following information:\n(i) the name and licence number of the licensed builder;\n(ii) a contact telephone number for the licensed builder;\n(iii) if the licensed builder is a corporation—the licensed\nbuilder’s Australian Company Number (ACN) (if any);\n(iv) the name and licence number of the certifier for the\nbuilding work;\n(v) a contact telephone number for the certifier;\n(vi) if the certifier is a corporation—the certifier’s Australian\nCompany Number (ACN) (if any);\n(vii) the street address for each block of land in the parcel of\nland;\n(viii) the block and section number and division for the parcel of\nland;\n(ix) a description of the nature and scope of the building work\nto be, or being, carried out;\n(x) if development approval is required for the building\nwork—the development approval number;\n\nBuilding work signs Division 3.2A\n(xi) if a development approval is not required for the building\nwork—that the work is exempt from requiring approval;\n(xii) if the requirement for development approval is not\ndetermined—that the requirement for development\napproval is not determined;\n(xiii) for building work carried out in stages—the stage of the\nwork to be, or being, carried out and a description of the\nnature and scope of the stage of the work;\n(d) the sign must be made of durable material that will remain intact\nfor the period of construction;\n(e) the sign must be placed prominently so that it can be seen and\nread easily by a person from each frontage of the parcel of land\non which the sign must be displayed.\n","sortOrder":35},{"sectionNumber":"30B","sectionType":"section","heading":"Prescribed development—Act, s 37B (1) (a)","content":"30B Prescribed development—Act, s 37B (1) (a)\nThe following development is prescribed:\n(a) a designated development mentioned in the Planning (Exempt\nDevelopment) Regulation 2023, schedule 1, section 1.42 for a\ngarage that has a floor area that is more than the floor area\nmentioned in this regulation, schedule 1, section 1.1, definition\nof large building, paragraph (b) (iii) (B);\nNote The floor area mentioned in this regulation is a floor area of not\nmore than 36m2 excluding areas underneath external walls.\n(b) a development mentioned in the Planning (Exempt\nDevelopment) Regulation 2023, schedule 1, section 1.130\nor 1.131;\n(c) a development mentioned in the Planning (Exempt\nDevelopment) Regulation 2023, schedule 1, section 1.132 if the\ndevelopment is not required to be carried out urgently to address\na risk of death or injury to a person, serious harm to the\nenvironment or significant damage to property.\n\n","sortOrder":36},{"sectionNumber":"30C","sectionType":"section","heading":"Period for displaying sign—Act, s 37B (2) (b)","content":"30C Period for displaying sign—Act, s 37B (2) (b)\nAt least 7 consecutive days in the 2 months before an application for\na commencement notice is lodged in relation to the building work is\n","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Considerations for proper and skilful work—material and","content":"31 Considerations for proper and skilful work—material and\nwork standards—Act, s 42 (2)\nIn deciding whether building work has been carried out in a proper\nand skilful way, the following considerations must be taken into\naccount:\n(a) whether the work uses a product or system in accordance with\nany accessible instructions, directions, guidelines or suggestions\nof the maker or seller of the product or system;\nExamples—instructions that are not accessible\n1 instructions not in English\n2 an information leaflet printed 10 years ago that is now unavailable\n(b) whether the work is in accordance with any relevant rules or\nguidelines published by Standards Australia;\n(c) whether, as part of the work, a product or system is being, or has\nbeen, used in a way that a reasonable person would expect is\ncontrary to the intended use of the product or system;\n(d) whether, as part of the work, a product or system is being, or has\nbeen, used in a way that the maker has given written notice will\nvoid the maker’s warranty;\nExample—use\nInstalling roof sheeting so it is level at any point is not carrying out building\nwork in a proper way if the manufacturer’s published literature indicates that\nthe sheeting’s warranty is voided if the sheeting is installed at a fall of less\nthan 1off level.\n\nCarrying out building work Division 3.3\n(e) whether a reasonable person doing the work would know or\nsuspect on reasonable grounds that the use of a product or\nsystem in a particular way would cause more instability, or\naffect the durability or soundness of the product or system or of\nthe building work than if the product or system were used\nappropriately;\n(f) how reasonable it is in all the circumstances for the user of a\nproduct or system to rely on the maker’s statement that the\nproduct or system complies with a stated standard;\n(g) whether the building work contravenes the Act or another\nterritory law.\n","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Considerations for proper and skilful work—construction","content":"32 Considerations for proper and skilful work—construction\ntolerances—Act, s 42 (2)\n(1) In deciding whether building work has been carried out in a proper\nand skilful way, consideration must be taken of whether the work has\nbeen carried out—\n(a) to meet or exceed the standards stated in the approved plans; or\n(b) if the approved plans do not vary reasonable minimum industry\nstandards—to meet or exceed reasonable minimum industry\nstandards.\nreasonable minimum industry standards—a matter covered by the\ntolerances guide meets reasonable minimum industry standards if\nthe matter is not a defect under the guide.\n\ntolerances guide—see schedule 3, section 3.1.\nExamples\n1 The approved plans for a building show a proposed floor bowing upward\n(precambered). The amount of precamber would be a defect under the\nprovisions of the tolerances guide dealing with how flat or level a floor must\nbe. If the completed floor complies with the approved plans, the precamber\ndoes not mean that the construction of floor was not done skilfully.\n2 Specifications forming part of the approved plans for a prestigious building\nshow that construction tolerances are stricter than the corresponding tolerances\nin the tolerances guide. The building work may not be considered proper and\nskilful if the work does not does not meet the standards stated in the plans,\neven though the work is not defective under the tolerances guide.\n","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Stages of building work—Act, s 43 (1) (a)","content":"33 Stages of building work—Act, s 43 (1) (a)\nNote The Act, s 43 requires certain things to be done before building work\nproceeds beyond a prescribed stage.\nThe stages of building work are—\n(a) completion of excavation, placement of formwork and\nplacement of steel reinforcing for the footings before any\nconcrete for the footings is poured; and\n(b) for a class 1, class 10a or class 10b building—\n(i) completion of the structural framework before the\nplacement of any internal lining; and\n(ii) completion of placement of formwork, and placement of\nsteel reinforcing, for any reinforced concrete member\nbefore any concrete for the member is poured; and\n(c) for a building other than a class 1, class 10a or class 10b\nbuilding—\n(i) completion of any structural framework stated by the\ncertifier in the relevant building approval, before the\nplacement of any internal lining; and\n\nCarrying out building work Division 3.3\n(ii) completion of the placement of formwork and steel\nreinforcing for any reinforced concrete member stated by\nthe certifier in the relevant building approval, before any\nconcrete for the member is poured; and\n(d) completion of the building work approved in the relevant\nbuilding approval.\n","sortOrder":40},{"sectionNumber":"33A","sectionType":"section","heading":"Stage inspections for dwellings and buildings containing","content":"33A Stage inspections for dwellings and buildings containing\ndwellings—Act, s 44 (7) (a) and (b) (ii)\n(1) This section applies in relation to building work for a dwelling or a\nbuilding containing a dwelling.\n(2) A certifier must give a copy of any of the following certificates or\nnotices to the construction occupations registrar as soon as practicable\n(but in any case within 2 working days) after issuing the certificate or\ngiving the notice:\n(a) a certificate for the building work issued under the Act,\nsection 44 (2) (b) or (5);\n(b) a notice given to a building licensee in relation to the building\nwork under the Act, section 44 (2) (a) or (6).\n","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Offence—building work above damp-proof course level","content":"34 Offence—building work above damp-proof course level\n(1) A building licensee in charge of building work commits an offence if\nthe licensee—\n(a) does building work above damp-proof course level; and\n(b) the building work is not within a prescribed exception; and\n\n(c) fails to ensure that the certifier has received—\n(i) a plan signed by a registered surveyor stating the position\nof the building in relation to the boundaries of the parcel of\nland where the building is to be erected and stating the level\nthat the floor, or floors, of the building will have in relation\nto a level stated in the approved plans; or\n(ii) for building work on an original building on original\nland—the original survey plan.\nMaximum penalty: 50 penalty units.\n(2) A building licensee in charge of building work commits an offence if\nthe licensee—\n(a) does building work above damp-proof course level; and\n(b) the building work is not within a prescribed exception; and\n(c) fails to ensure that the certifier is satisfied that the position of\nthe building, and the level of the floor, or floors, are in\naccordance with—\n(i) the approved plans; and\n(ii) any condition of the following:\n(A) an advice mentioned in the Act, section 27 (1) (b) (i);\n(B) an approval or consent mentioned in the Act,\nsection 27 (1) (b) (iii).\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n(4) In this section:\ndamp-proof course means a continuous layer of impervious material\nplaced in a masonry wall or pier, or between a wall or pier and a floor,\nto prevent the upward or downward migration of water.\n\nCompletion of building work Division 3.4\noriginal building means an existing class 1, class 10a or class 10b\nbuilding.\noriginal land means any building resulting from the work that is to\nbe located completely on the same parcel of land as the original\nbuilding.\noriginal survey plan means a plan signed by a registered surveyor\nif—\n(a) the arrangement of the boundaries of the original land, and\nlocation and levels of the original building, have not changed\nsince the original survey plan was made; and\n(b) no building on which the work is to be carried out is, or building\nresulting from the work is to be, situated closer than 100mm\naway from the boundary of the parcel of land.\n","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Approvals on completion of building work—Act,","content":"35 Approvals on completion of building work—Act,\ns 48 (3) (g)\nOn completion of building work, the following approvals are to be\nobtained:\n(a) if development approval for building work is subject to a\ncondition that relates only to building work—approval of the\nchief planner to the way in which the condition has been\nsatisfied;\n(b) approval of the installation of any fire appliance in the new\nbuilding or new part of the building by the emergency services\ncommissioner;\n\n(c) approval under the Scaffolding and Lifts Regulation 1950,\nsection 21.\nExamples—par (a)\n1 Development approval is given for a multi-unit townhouse development\n(including plans for landscaping and a driveway). The approval is subject to\nthe following conditions:\n(a) stated shrubs, additional to those shown in the plans accompanying\nthe application for development approval, are to be planted;\n(b) the driveway is to be relocated to another stated place;\n(c) the road adjacent to the development is to be widened to create\non-street parking, in the way stated in the condition;\n(d) the plans are to be redrawn to show the townhouses with hipped roofs\ninstead of gable-end roofs.\nThe conditions mentioned in pars (a), (b) and (c) relate to landscaping or site\nwork. The condition in mentioned in par (d) relates only to the plans.\nBecause none of the conditions relate only to the building work, this section\ndoes not apply to the development approval.\n2 The ACAT, on reviewing the decision to grant the development approval\nmentioned in example 1, remakes the decision to grant the development\napproval subject to the condition that the roofs of the townhouses are\nconstructed as hipped roofs instead of gable-end roofs.\nThis section applies to the development approval as revised by the ACAT\nbecause the condition to which the approval is subject relates only to the\nbuilding work.\n","sortOrder":43},{"sectionNumber":"35A","sectionType":"section","heading":"Certificates of occupancy—fitness for occupation and","content":"35A Certificates of occupancy—fitness for occupation and\nuse—Act, s 69 (4) (a)\nFor the Act, section 69 (4) (a) the following are prescribed:\n(a) for plumbing, sewerage and drainage work carried out in, or in\nrelation to, building work—\n(i) for work that must be inspected under the Water and\nSewerage Act 2000—that the work has been inspected and\npassed in accordance with that Act; or\n\nCompletion of building work Division 3.4\n(ii) for all other work—a certificate under the Water and\nSewerage Act 2000 that the plumbing, sewerage and\ndrainage work complies with that Act; and\n(b) for electrical wiring work carried out in, or in relation to,\nbuilding work—\n(i) for work that must be inspected under the Electricity Safety\nAct 1971—that the work has been inspected and passed in\naccordance with that Act; or\n(ii) for all other work—a certificate under the Electricity Safety\nAct 1971 that the electrical wiring work complies with that\nAct; and\n(c) for gas fitting work carried out in, or in relation to, building\nwork—\n(i) for work that must be inspected under the Gas Safety\nAct 2000—that the work has been inspected and passed in\naccordance with that Act; or\n(ii) for all other work—a certificate under the Gas Safety\nAct 2000 that the gas fitting work complies with that Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":44},{"sectionNumber":"35B","sectionType":"section","heading":"Certificates of occupancy—requirements if deferral","content":"35B Certificates of occupancy—requirements if deferral\narrangement applies—Act, s 69 (4) (b)\n(1) If a deferral arrangement applies in relation to land where the building\nwork was carried out, the following must be paid to the commissioner\nfor revenue before a certificate of occupancy is issued:\n(a) an amount of lease variation charge, and any accrued interest,\nunder the deferral arrangement;\n(b) any interest or penalty tax under the Taxation Administration\nAct 1999 that relates to the amounts mentioned in paragraph (a).\n\n","sortOrder":45},{"sectionNumber":"Div 3","sectionType":"division","heading":"5 Fundamentally noncompliant building work","content":"Division 3.5 Fundamentally noncompliant building work\ndeferral arrangement, for a lease variation charge—see the Planning\nAct 2023, section 343 (1) (c).\nlease variation charge, for a variation of a nominal rent lease—see\nthe Planning Act 2023, dictionary.\nDivision 3.5 Fundamentally noncompliant building\nwork\n","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Fundamentally noncompliant building work—Act, s 50 (4)","content":"36 Fundamentally noncompliant building work—Act, s 50 (4)\n(1) An element of building work mentioned in an item in schedule 3,\ncolumn 2 is fundamentally noncompliant in the circumstances\nmentioned in column 3 for the item.\n(2) An element of building work on, or in relation to, a class 10a or\nclass 10b building is fundamentally noncompliant if—\n(a) 1 or more elements not shown in the approved plans are added\nto the building; and\n(b) the building as altered by the work is a different type of building\nto the building shown in the plans.\nExample—fundamentally noncompliant class 10a or class 10b building\nPlans show a carport without walls. During the construction of the carport walls are\nadded. This alters the building type from a carport to a garage, and means that the\nbuilding is fundamentally noncompliant.\n","sortOrder":47},{"sectionNumber":"36A","sectionType":"section","heading":"General requirements for plans—Act, s 63A","content":"36A General requirements for plans—Act, s 63A\n(1) This section applies to plans accompanying an application for a\ndemolition order to demolish a building.\n\nDemolition orders Division 3.6\n(2) The plans must—\n(a) be drawn in accordance with AS 1100, unless the plans were\ndrawn before the standard commenced; and\nNote The standard may be purchased at www.standards.org.au.\n(b) show any area covered by the plans that is marked as an\neasement in the land titles register or on a deposited plan; and\n(c) if the demolition will require the disconnection of a pipe to the\nsewerage system—show any point of disconnection of the pipe\nto the sewerage system; and\n(d) if the demolition will require the disconnection of a pipe to a\nwater main—show any point of disconnection of the pipe to the\nwater main; and\n(e) if the demolition will require the disconnection of a pipe to a\nstormwater drain—show any point of disconnection of the pipe\nto the stormwater system; and\n(f) if the demolition will, when finished, alter the surface\nstormwater drainage on the parcel of land where the work is to\nbe done—show the proposed surface stormwater drainage on the\nparcel at the completion of the work; and\n(g) for the parcel of land where the demolition is to be done—\ninclude a site plan on a scale of not less than 1:200 showing—\n(i) the block and section number of the land (or for land under\na land sublease, the sublease plan number); and\n(ii) the boundaries and dimensions of the land.\n","sortOrder":48},{"sectionNumber":"36B","sectionType":"section","heading":"Applications for demolition orders to be referred—Act,","content":"36B Applications for demolition orders to be referred—Act,\ns 63A (4)\n(1) This section applies if the custodian of the land on which a building\nis located intends to apply to the construction occupations registrar\nfor a demolition order for demolition of the building.\n\n(2) Before making the application, the custodian must refer the\napplication to an entity mentioned in an item in schedule 2A if the\ndemolition involves something prescribed in schedule 2A in relation\nto the entity.\n(3) A referral under subsection (2) must be accompanied by a copy of the\ndocuments mentioned in the Act, section 63A (4) (a) to (e).\n","sortOrder":49},{"sectionNumber":"36C","sectionType":"section","heading":"Applications for demolition orders—requirement to give","content":"36C Applications for demolition orders—requirement to give\nadvice—Act, s 63B\n(1) This section applies if an application for a demolition order is referred\nto an entity for advice.\nNote An application may be required to be referred to an entity under s 36B.\n(2) The entity must give advice in relation to the application not later than\n15 working days after the day the application is given to the entity.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) The advice—\n(a) must be in writing; and\n(b) must relate to the entity’s area of authority; and\n(c) must state whether the entity supports or opposes the\napplication; and\n(d) if the entity supports the application—may include conditions to\nwhich the support is subject; and\n(e) if the entity opposes the application—must state the reasons for\nopposing the application.\n(4) If the advice includes a condition, the condition must not require the\ndemolition to be carried out in a way that is inconsistent with, or more\nburdensome than, the Act.\n(5) For this section, advice relates to an entity’s area of authority if the\nentity has authority under a legislative provision for the area.\n\n","sortOrder":50},{"sectionNumber":"36D","sectionType":"section","heading":"Safety standards—Act, s 83A, def safety standards","content":"36D Safety standards—Act, s 83A, def safety standards\n(1) The following are prescribed:\n(a) for a pool built before 1 May 2023—the following taken\ntogether:\n(i) the building code as in force on 1 May 2023;\n(ii) AS 1926.1 (2012) (Swimming pool safety, Part 1: Safety\nbarriers for swimming pools);\n(iii) AS 1926.2 (2007) (Swimming pool safety, Part 2:\nLocation of safety barriers for swimming pools); and\nNote AS 1926.1 (2012) and AS 1926.2 (2007) may be purchased at\nwww.standards.org.au.\n(b) for a pool built or substantially altered on or after 1 May 2023—\nthe building code.\nsubstantially altered, in relation to a swimming pool, means at least\n50% of the pool, or the safety barrier for the pool, is modified,\ndemolished or replaced.\n","sortOrder":51},{"sectionNumber":"36E","sectionType":"section","heading":"Standing exemptions—circumstances—Act, s 83C","content":"36E Standing exemptions—circumstances—Act, s 83C\n(1) A circumstance mentioned in table 36E, column 3 is prescribed for a\nregulated swimming pool mentioned in column 2.\n\nTable 36E Standing exemptions\nitem\npool\ncircumstances in which pool is exempt from\nsafety standard\n1 a regulated swimming\npool\ndemountable pool in place for not more than\n3 consecutive days\n2 a regulated swimming\npool\nspa (wherever located) covered and secured by a\nlockable child-resistant structure (such as a door,\nlid, grille or mesh) that—\n(a) is of substantial construction and having no\nopening through which it is possible to pass\na testing apparatus, and\n(b) is securely fastened by a device that is itself\nof substantial construction and has no\nopening through which it is possible to pass\na testing apparatus\n3 a regulated swimming\nspa (located on apartment balcony) if the balcony is\naccessible only through self-closing and self\nlatching doors or windows\nspa—see the Act, section 83B (2).\ntesting apparatus means a cylindrical test object that has—\n(a) a diameter of 105 millimetres, plus or minus 1 millimetre; and\n(b) at least 1 solid flat-faced end.\n","sortOrder":52},{"sectionNumber":"36F","sectionType":"section","heading":"Exemption by Minister—circumstances—Act, s 83D (2)","content":"36F Exemption by Minister—circumstances—Act, s 83D (2)\n(1) A circumstance mentioned in table 36F, column 3 is prescribed for a\nregulated swimming pool mentioned in column 2.\n\nTable 36F Exemptions by Minister\nitem\npool\ncircumstances in which pool may be exempt\nfrom safety standard\n1 a regulated swimming\n(a) compliance with the safety standard is\nimpracticable because of—\n(i) the physical nature of the\npremises on which the pool is\nlocated; or\n(ii) the design or construction of\neither the pool or other buildings\non the premises on which the pool\nis located; and\n(b) either—\n(i) a barrier comparable to a safety\nbarrier that complies with the\nsafety standards is installed for\nthe pool (a comparable barrier);\nor\n(ii) evidence is provided to the\nMinister as to why installation of\na comparable barrier cannot be\ndone\n2 a regulated swimming\ncompliance with the safety standard would be\nreasonably likely to require approval under the\nUrban Forest Act 2023 to remove a protected tree\n3 a regulated swimming\ncompliance with the safety standard would be\nreasonably likely to involve conduct that would\nhave a significant adverse effect on the heritage\nsignificance of a place or object registered under\nthe Heritage Act 2004\n\nitem\npool\ncircumstances in which pool may be exempt\nfrom safety standard\n4 a regulated swimming\n(a) the occupier of premises on which the pool\nis located is a person with disability; and\n(b) safety barrier compliance with safety\nstandards would substantially impede the\noccupier’s access to the pool; and\n(c) the owner of the premises agrees to adopt\nalternative safety measures (if available)\n5 a regulated swimming\nthere are documented plans to demolish the pool\nwithin 24 months of the application for exemption\nNote The Minister may make guidelines in relation to applications for\nexemptions and the granting of exemptions (see Act, s 83G).\ndisability—see the Discrimination Act 1991, section 5AA.\nprotected tree—see the Urban Forest Act 2023, section 8.\nregistered—see the Heritage Act 2004, section 11.\n","sortOrder":53},{"sectionNumber":"36G","sectionType":"section","heading":"Prescribed requirements for safety barrier—Act,","content":"36G Prescribed requirements for safety barrier—Act,\ns 83N (2) (c)\n(1) This section applies to a regulated swimming pool that is not subject\nto—\n(a) a standing exemption; or\n(b) a Ministerial exemption.\n(2) A safety barrier for the regulated swimming pool is an effective and\nsafe child-resistant barrier if the barrier complies with the\nrequirements for the barrier as in force immediately before the\ncommencement of this section.\n(3) This section expires on 30 April 2028.\n\n","sortOrder":54},{"sectionNumber":"36H","sectionType":"section","heading":"Competency matters for person to exercise functions of","content":"36H Competency matters for person to exercise functions of\nauthorised person—Act, s 83P (3)\n(1) The matters the director-general must consider in relation to a\nperson’s competency in exercising the functions of an authorised\nperson are—\n(a) whether the person has demonstrated adequate knowledge and\nexperience in relation to the functions of an authorised person;\nand\n(b) whether the person is—\n(i) an Australian citizen; or\n(ii) a permanent resident; or\n(iii) a temporary resident who holds a visa that allows the\nperson to work carrying out the functions of an authorised\nperson; and\n(c) whether the person has been convicted or found guilty of an\noffence—\n(i) that is an indictable offence under a law of the ACT or the\nCommonwealth; or\n(ii) for an offence committed outside the ACT—that would be\nan indictable offence against a law of the ACT if\ncommitted in the ACT; and\nNote A conviction does not include a spent conviction or an\nextinguished conviction (see Spent Convictions Act 2000,\ns 16 (c) (i) and s 19H (1) (c) (i)).\n(d) whether the person has been the subject of any disciplinary\naction, however expressed, relating to a construction occupation\nthat involved a finding of guilt; and\n\n(e) whether the person has previously exercised the functions of an\nauthorised person under the Act or a relevant law and did not\nexercise the functions in accordance with—\n(i) the terms of their appointment as an authorised person; or\n(ii) the directions given to the person in relation to the exercise\nof their functions.\nconstruction occupation—\n(a) see the Construction Occupations (Licensing) Act 2004,\nsection 7; and\n(b) includes a construction occupation (however described) under a\nlaw of the Commonwealth or a State.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1)\npermanent resident means—\n(a) a person who holds a permanent visa for the Migration Act 1958\n(Cwlth), section 30; or\n(b) a New Zealand citizen who holds a special category visa under\nthe Migration Act 1958 (Cwlth), section 32.\nrelevant law means a law of the Commonwealth or a State relating to\nswimming pool safety (however described).\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1)\n","sortOrder":55},{"sectionNumber":"36I","sectionType":"section","heading":"Building surveyor taken to be appointed as authorised","content":"36I Building surveyor taken to be appointed as authorised\nperson—Act, s 83P (4)\nAn individual is taken to be appointed as an authorised person if the\nindividual holds a licence in the construction occupation of building\nsurveyor issued under the Construction Occupations (Licensing)\nAct 2004, part 3 (Construction practitioners licences).\n\n","sortOrder":56},{"sectionNumber":"36J","sectionType":"section","heading":"Director-general may end building surveyor’s","content":"36J Director-general may end building surveyor’s\nappointment as authorised person\n(1) This section applies in relation to an individual taken to be appointed\nas an authorised person under section 36I.\n(2) If the director-general is satisfied the individual is not capable of\ncompetently exercising the functions of an authorised person, the\ndirector-general may, by written notice, decide that the individual\ncease exercising the functions of an authorised person.\n(3) The notice must—\n(a) state the date the decision takes effect; and\n(b) be given to the individual as soon as practicable.\n(4) An individual subject to a decision made under subsection (2) must\ncease exercising the functions of an authorised person—\n(a) by the stated date; or\n(b) if the notice is given to the individual after the stated date—\non the day the notice is given to the individual.\n\nPart 4 Residential buildings—statutory warranties, standard conditions,\nPart 4 Residential buildings—statutory\nwarranties, standard conditions,\n37 Building work to which pt 6 does not apply\nThe Act, part 6 (Residential buildings—statutory warranties, standard\nconditions, insurance and fidelity certificates) does not apply to\nresidential building work if the cost of the work is less than $12 000.\n","sortOrder":57},{"sectionNumber":"38","sectionType":"section","heading":"End of statutory warranties—Act, s 88 (4)","content":"38 End of statutory warranties—Act, s 88 (4)\n(1) The period for the end of a warranty is—\n(a) for residential building work in relation to a structural element\nof a building—6 years after the completion day for the work; or\n(b) for residential building work in relation to a non-structural\nelement of a building—2 years after the completion day for the\nwork.\nnon-structural element, of a building, means a component of the\nbuilding that is not a structural element.\nstructural element, of a building, means—\n(a) a load-bearing component of the building (whether internal or\nexternal) that is essential to the stability of the building or part\nof it; or\n(b) a component (including weatherproofing) forming part of the\nexternal walls or roof of the building.\nExamples—par (a)\na foundation, floor, wall, roof, column or beam\n\nResidential buildings—statutory warranties, standard conditions,\n","sortOrder":58},{"sectionNumber":"38A","sectionType":"section","heading":"Required documents for residential building work","content":"38A Required documents for residential building work\ncontract—Act, s 89D\n(1) A document determined by the Minister is prescribed.\n(2) A determination is a notifiable instrument.\n","sortOrder":59},{"sectionNumber":"38B","sectionType":"section","heading":"Prohibited conditions—Act, s 89E","content":"38B Prohibited conditions—Act, s 89E\n(1) This section applies to a residential building work contract for—\n(a) a new class 1 building; or\n(b) an alteration to, or demolition of, an existing class 1 or class 2\n(c) a class 10 building that provides structural support, or is a\nstructurally integral adjunct, to a new class 1 building or an\nexisting class 1 or class 2 building.\n(2) However, this section does not apply to a residential building work\ncontract entered into before the commencement of this section.\n(3) A condition in a residential building work contract that allows a\nperson, other than the owner of the land where the work is to be\ncarried out under the contract, to do any of the following is prescribed\nas a prohibited condition:\n(a) to appoint or revoke the appointment of an eligible entity as a\ncertifier for the work;\n(b) to act as the agent of the owner in dealing with a certifier\nappointed for the work.\n","sortOrder":60},{"sectionNumber":"39","sectionType":"section","heading":"Minimum insurance for insurable residential building","content":"39 Minimum insurance for insurable residential building\nwork—Act, s 90 (1) (b)\nThe amount for insurance cover is $200 000.\n\n","sortOrder":61},{"sectionNumber":"Part 4","sectionType":"part","heading":"Residential buildings—statutory warranties, standard conditions,","content":"Part 4 Residential buildings—statutory warranties, standard conditions,\n","sortOrder":62},{"sectionNumber":"40","sectionType":"section","heading":"Period of insurance for insurable residential building","content":"40 Period of insurance for insurable residential building\nwork—Act, s 90 (1) (c) and (d)\nThe period is 5 years.\n","sortOrder":63},{"sectionNumber":"41","sectionType":"section","heading":"Period of claims for insurable residential building work—","content":"41 Period of claims for insurable residential building work—\nAct, s 90 (1) (i)\nThe period is 180 days.\n","sortOrder":64},{"sectionNumber":"42","sectionType":"section","heading":"Amount insurer not liable for—Act, s 91 (1)","content":"42 Amount insurer not liable for—Act, s 91 (1)\nThe amount is $500.\n","sortOrder":65},{"sectionNumber":"43","sectionType":"section","heading":"If builder defaults and work less than deposit paid—Act,","content":"43 If builder defaults and work less than deposit paid—Act,\ns 93 (3) (b)\nThe amount is $10 000.\n\nBuilding code Part 5\n","sortOrder":66},{"sectionNumber":"43A","sectionType":"section","heading":"Documents forming part of building code—Act, s 136 (1),","content":"43A Documents forming part of building code—Act, s 136 (1),\ndef building code, par (b)\nThe following documents published by the Australian Building\nCodes Board from time to time are prescribed:\n(a) each volume of the National Construction Code series that\nincludes a notation that it forms part of the Building Code of\nAustralia;\n(b) the Housing Provisions Standard.\nNote The National Construction Code and the Housing Provisions Standard do\nnot need to be notified under the Legislation Act because s 47 (5) and (6)\ndoes not apply (see Act, s 136A and Legislation Act, s 47 (7)). The\nNational Construction Code and the Housing Provisions Standard are\naccessible at www.ncc.abcb.gov.au.\n","sortOrder":67},{"sectionNumber":"44","sectionType":"section","heading":"Application of building code to bushfire-prone area—Act,","content":"44 Application of building code to bushfire-prone area—Act,\ns 136 (4)\n(1) For the building code, an area of non-urban land is a bushfire-prone\narea.\nnon-urban land means—\n(a) territory land in 1 of the following zones under the territory plan:\n(i) broadacre zone;\n(ii) rural zone;\n(iii) hills, ridges and buffer zone;\n(iv) river corridor zone;\n(v) mountains and bushlands zone;\n\n(vi) transport and services zones TS1-TS2; or\n(b) land other than land in an area identified under the national\ncapital plan as—\n(i) an urban area; or\n(ii) the Central National Area.\n44AA Energy efficiency provisions—Act, s 139C (3), def energy\nefficiency provision\n(1) The following provisions are prescribed for a class 1 and associated\nclass 10a building:\n(a) the following provisions of the building code, volume 2:\n(i) clause H6V2 (Verification using a reference building);\n(ii) clause H6D1 (Deemed-to-Satisfy Provisions);\n(iii) clause H6D2 (Application of Part H6);\n(iv) clause S42C2 (Heating and cooling loads);\n(v) clause S42C3 (Net equivalent energy usage);\n(b) a provision of the ACT appendix that allows compliance with\nstated energy efficiency requirements to be assessed using\nsoftware accredited under the Nationwide House Energy Rating\nScheme.\n(2) The following provisions of the building code, volume 1, are\nprescribed for a class 2 building or class 4 part of a building:\n(a) clause J1V5 (Verification using a reference building for a class 2\nsole-occupancy unit);\n(b) clauses J3D3 to J3D15.\n\nBuilding code Part 5\nACT appendix means the Australian Capital Territory Appendix to\nthe Building Code of Australia made under the Act, section 136 (3).\nNote Requirements for certain energy efficiency certificates are prescribed by\ns 44AB and s 44AC. Other requirements for energy efficiency certificates\nmay be in the building code (see, for example, the building code, vol 1 or\nvol 2, pt A5).\n44AB Preparation of NatHERS energy efficiency certificates—\nAct, s 139C (2)\n(1) This section applies to an energy efficiency certificate for any of the\nfollowing energy efficiency provisions:\n(a) the building code, volume 1, clause J3D3 (1) (a) and (2)\n(Reducing heating and cooling loads of a sole-occupancy unit of\na class 2 building or a class 4 part of a building using house\nenergy rating software);\n(b) the building code, volume 1, clause J3D15 (Net equivalent\nenergy usage for a sole-occupancy unit of a class 2 building or\nclass 4 part of building – home energy rating software);\n(c) the building code, volume 2, clause S42C2 (Heating and cooling\nloads);\n(d) the building code, volume 2, clause S42C3 (Net equivalent\nenergy usage);\n(e) a provision of the ACT appendix that allows compliance with\nstated energy efficiency requirements to be assessed using\nsoftware accredited under the Nationwide House Energy Rating\nScheme.\n\n(2) The energy efficiency certificate must be prepared by a building\nassessor in accordance with any code of practice applicable to the\nbuilding assessor under the Construction Occupations (Licensing)\nAct 2004, section 126A.\nNote The certificate must also be a Nationwide House Energy Rating Scheme\ncertificate issued in accordance with that scheme (see building code, vol 1\nor vol 2, cl A5G9).\nACT appendix—see section 44AA (3).\nbuilding assessor—see the Construction Occupations (Licensing)\nAct 2004, section 8A.\n44AC Preparation of whole-of-home calculator energy\nefficiency certificates—Act, s 139C (2)\n(1) This section applies to an energy efficiency certificate for any of the\nfollowing energy efficiency provisions:\n(a) the building code, volume 2, clause H6D2 (2) (b) (Application\nof Part H6);\n(b) the building code, volume 1, clause J3D14 (Net equivalent\nenergy usage of a sole-occupancy unit of a class 2 building or a\nclass 4 part of a building).\n(2) The energy efficiency certificate must be produced using the\nwhole-of-home calculator.\nwhole-of-home calculator means the NCC Whole of Home\nCalculator published by the Australian Building Codes Board on its\nwebsite.\nNote The whole-of-home calculator does not need to be notified under the\nLegislation Act because s 47 (5) does not apply (see Legislation Act,\ns 47 (7)). The calculator is accessible at www.abcb.gov.au.\n\nNotification and review of decisions Part 5A\n","sortOrder":68},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Notification and review of","content":"Part 5A Notification and review of\ndecisions\n","sortOrder":69},{"sectionNumber":"44A","sectionType":"section","heading":"Decision-makers—Act, s 142A, def decision-maker","content":"44A Decision-makers—Act, s 142A, def decision-maker\nAn entity mentioned in schedule 4, column 3 for a reviewable\ndecision is prescribed.\n","sortOrder":70},{"sectionNumber":"44B","sectionType":"section","heading":"Reviewable decisions—Act, s 142A, def reviewable","content":"44B Reviewable decisions—Act, s 142A, def reviewable\ndecision\nA decision mentioned in schedule 4, column 2, under a provision\nmentioned in column 2 in relation to the decision is prescribed.\n","sortOrder":71},{"sectionNumber":"44C","sectionType":"section","heading":"Right of review and notice—Act, s 142B and s 142C (a)","content":"44C Right of review and notice—Act, s 142B and s 142C (a)\nAn entity (a relevant entity) mentioned in schedule 4, column 4 is\n\n","sortOrder":72},{"sectionNumber":"47","sectionType":"section","heading":"Exempt building code—Act, s 152","content":"47 Exempt building code—Act, s 152\n(1) The Minister may make an exempt building code for schedule 1.\n(2) The exempt building code is a disallowable instrument.\n","sortOrder":73},{"sectionNumber":"49","sectionType":"section","heading":"Certifier issuing building approval etc without","content":"49 Certifier issuing building approval etc without\ndevelopment approval––Act, s 152\n(1) A certifier who is a person commits an offence if—\n(a) the certifier issues a building approval, or approves amended\nplans, for the building of a single dwelling on a block; and\n(b) the dwelling will be the first dwelling built on the block; and\n(c) there is no development approval for the site work proposed in\nthe approved plans; and\nNote Approved plans includes amended plans (see Act, dict).\n(d) the dwelling would not, if built in accordance with the approved\nplans, comply with—\n(i) a relevant provision in any relevant district policy; and\n(ii) if it is not displaced by a relevant provision in a relevant\ndistrict policy—a relevant residential zones—single\ndwelling housing development control.\nMaximum penalty: 10 penalty units.\n(2) A certifier who is a person commits an offence if—\n(a) the certifier issues a building approval, or approves amended\nplans, for the building of a single dwelling on a block; and\n(b) the dwelling will be the first dwelling built on the block; and\n\nMiscellaneous Part 6\n(c) there is no development approval for the site work proposed in\nthe approved plans; and\nNote Approved plans includes amended plans (see Act, dict).\n(d) the approved plans are defective because they contain\ninformation that is false or inaccurate; and\n(e) if the plans were not defective, the certifier would have\ncontravened subsection (1).\nMaximum penalty: 10 penalty units.\n(3) It is a defence to a prosecution for an offence against subsection (1)\nor (2) if the defendant proves that the defendant—\n(a) took all reasonable steps to find out whether the site work, if\ncarried out in accordance with the approved plans, required\ndevelopment approval; and\n(b) was satisfied on reasonable grounds that the development did\nnot require development approval.\n(4) It is a defence to a prosecution for an offence against subsection (2)\nif the defendant proves that the defendant—\n(a) took all reasonable steps to find out if the approved plans\ncontained false or inaccurate information; and\n(b) was satisfied on reasonable grounds that the plans did not\ncontain false or inaccurate information.\n(5) To remove any doubt, if a building approval indicates that something\nis not to have work done in relation to it, or is not part of the building\napproval, the certifier does not commit an offence under this section\nin relation to the thing.\n(6) An offence against this section is a strict liability offence.\n\n(7) In this section:\ndistrict policy—see the Planning Act 2023, dictionary.\ndwelling—see the Planning (Exempt Development) Regulation 2023,\nsection 6 (1).\nresidential zones—single dwelling housing development control—\nsee the Planning (Exempt Development) Regulation 2023,\nsection 14 (1) (a).\n\nInterpretation–sch 1 Part 1.1\n","sortOrder":74},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Exempt buildings and building","content":"Schedule 1 Exempt buildings and building\nworks\n(see s 6)\n1.1 Definitions—sch 1\nIn this schedule:\nAS 1742 means AS 1742 (Manual of uniform traffic control devices),\nas in force from time to time.\nNote Australian standards may be purchased at www.standards.org.au.\nAS 3533 means AS 3533 (Amusement rides and devices––Design\nand construction), as in force from time to time.\nAS/NZS 3845 means AS/NZS 3845 (Road safety barrier systems), as\nin force from time to time.\ndemountable swimming pool—see the Act, section 83B (2).\nenclosed outbuilding means a class 10a building that—\n(a) has—\n(i) a nominal height of not higher than 3m; and\n(ii) if the structure has a roof covering (including a sail or\nsail-like element)—a roof covering with an area not larger\nthan 25m2; and\n(b) has 1 or more walls; and\n(c) includes any of the following:\n(i) a greenhouse;\n(ii) a storeroom;\n\n(iii) a conservatory;\n(iv) a cubbyhouse;\n(v) a gazebo;\n(vi) an outbuilding;\n(vii) a shed;\n(viii) a studio;\n(ix) a stable;\n(x) a workshop.\nexempt building code means the code made by the Minister under\nsection 47 (Exempt building code—Act, s 152).\nheating appliance includes—\n(a) any component associated with the appliance; and\n(b) an open fireplace, chimney or flue.\nlarge building means a garage, outbuilding or enclosed outbuilding,\nif—\n(a) the structure is a class 10a building; and\n(b) the structure has—\n(i) a nominal height of not higher than 3m; and\n(ii) if the structure has a roof covering (including a sail or\nsail-like element)—a roof covering with an area larger than\n25m2; and\n(iii) if the structure has a floor—\n(A) a floor with a nominal height not higher than 1m; and\n(B) a floor area of not more than 36m2 excluding areas\nunderneath external walls; and\n\nInterpretation–sch 1 Part 1.1\n(iv) framing that does not have an unsupported span, (including\nany cantilever) longer than 6m; and\n(c) for any timber element of roof framing for the structure—the\nnominal cross-sectional dimensions—\n(i) are not more than 100mm x 250mm; or\n(ii) comply with the exempt building code; and\n(d) for any steel element of roof framing for the structure—the\ncross-sectional thickness at any point is not more than 4mm; and\n(e) no masonry, clay or concrete component of the structure (other\nthan cement sheet product) has a nominal height of more than\n1.8m.\nnominal height means the height of a structure, building or object\nexcluding any part of the structure, building or object that is in the\nground.\noutbuilding means any of the following:\n(a) outdoor deck;\n(b) carport;\n(c) pergola;\n(d) porch;\n(e) verandah;\n(f) shelter;\n(g) gazebo;\n(h) shade structure;\n(i) hail protection structure.\nsafety barrier, for a regulated swimming pool—see the Act,\nsection 83 (1).\n\nsmall open building means an outbuilding that has—\n(a) no walls; and\n(b) a nominal height of not more than 3m; and\n(c) if the structure has a roof covering (including a sail or sail-like\nelement)—a roof covering with an area not larger than 25m2;\nand\n(d) if the structure has a floor—a floor with a nominal height not\nhigher than 1m; and\n(e) a frame that does not have unsupported span (including any\ncantilever) longer than 4m.\nsolar water heater means a solar water panel or other device designed\nto be mounted externally, together with any hot-water tank that holds\nthe heated water.\ntemporary building means a building if—\n(a) the building is not a class 1, 2, 3 or 4 building; and\n(b) the building is erected on the site of building work for the\nerection or alteration of another building; and\n(c) building approval has been obtained for the building work; and\n(d) the building is to be removed when the building work is\ncompleted.\n\nExemption from application of Act Part 1.2\n","sortOrder":75},{"sectionNumber":"Part 1","sectionType":"part","heading":"2 Exemption from application of","content":"Part 1.2 Exemption from application of\nAct\nitem\nexempt building\n1 temporary building\n2 bridge that does not encompass or extend a\nbuilding to which the Act applies\n3 dam\n4 retaining wall associated with bridge, dam or\nroad\n5 stile\n6 mesh fence with nominal height of not more\nthan 3m\n7 prefabricated bus shelter\n8 prefabricated playground equipment\n9 road sign or other traffic device or system\nunder AS/NZS 3845 or AS 1742\n10 electricity network distribution equipment\n11 reservoir, other than—\n(a) part of an on-site stormwater detention\nsystem designed to detain stormwater\nfrom building or group of associated\nbuildings before water enters\nreticulated stormwater drainage\nnetwork; or\n(b) a water tank associated with building\nor group of associated buildings; or\n(c) a regulated swimming pool\n12 aqueduct\n13 water or sewage treatment works\n14 stormwater outfall\n\nPart 1.2 Exemption from application of Act\nitem\nexempt building\n15 pole or mast owned by—\n(a) the Territory; or\n(b) the Commonwealth; or\n(c) a territory authority; or\n(d) a body established under a\nCommonwealth law; or\n(e) the provider of a utility service within\nthe meaning of the Utilities\nAct 2000, section 6 (Electricity\nservices) if the pole or mast is part of\nthe electricity network (within the\nmeaning of that Act) for the provision\nof the service; or\n(f) the owner of a telecommunications\nnetwork or part of a\ntelecommunications network that is\nused to supply a standard telephone\nservice within the meaning of the\nTelecommunications Act 1997\n(Cwlth) if the pole or mast is or will be\npart of the network or part\nExample—item 2\nA pedestrian footbridge provides a link over a road between shopping centres either side of the\nroad. If the bridge only functions as a bridge, it does not encompass or extend the shopping centres.\nIf walls and a roof enclose the bridge so as the centres become contiguous at the bridge rather than\nthe bridge being an intervening link, the bridge extends the shopping centres.\n\nitem\n1 fence or wall with nominal height of\nup to 1.8m, other than a fence or wall\nforming integral part of required\nenclosure for regulated swimming\npool\n\nitem\n2 fence or wall with nominal height of\nup to 2m if any masonry or concrete\ncomponents (other than cement sheet\nproducts) have a nominal height of\nnot more than 1.8m, not including—\n(a) part of roofed building; or\n(b) retaining wall; or\n(c) integral part of required\nenclosure for regulated\nswimming pool\n\nitem\n3 fence with nominal height of up to\n3m if masonry or concrete\ncomponents (other than cement sheet\nproducts) have nominal height of not\nmore than 1.8m, other than a fence\nforming integral part of required\nenclosure for regulated swimming\npool\nfence must comply with—\n4 retaining wall up to 1.2m high when\nmeasured from any point at top of\nretaining wall to lowest adjacent\nground level\n\nitem\n5 retaining wall up to 1.5m high when\nmeasured from any point at top of\nretaining wall to lowest adjacent\nground level\nretaining wall must comply with—\n6 small open building (a) pt 3 (Building work); and\n\nitem\n7 large building (a) pt 3 (Building work), except\nlarge building must comply with—\n8 enclosed outbuilding (a) pt 3 (Building work); and\ncertificates))\n\nitem\n9 antenna or aerial assembly—\n(a) that is a class 10b building;\nand\n(b) the height of which\nmeasured from highest to\nlowest part of assembly is\nnot more than 6m (excluding\nany part of assembly that is\nin ground or part of another\nbuilding or used for purpose\nother than supporting\nassembly or aerial)\n\nitem\n10 pool that can hold water no deeper\nthan 300mm\ncertificates))\n11 initial assembly of demountable\nswimming pool, but not use of pool if\nno certificate for pool issued under\nAct, part 5\n(a) s 42 (1) (e); and\n(b) s 42 (1) (f); and\n(c) ss 43, 44, 45 and 46; and\n(d) s 51, in relation to s 42 (1) (e) and\ns 42 (1) (f)\npool fencing and barriers required by\nAct to prevent access to water must be\nin place before the pool is able to hold\nwater\n\nitem\n12 assembling or taking apart\nreservoir of demountable swimming\npool (excluding fencing or barriers\nrequired by Act to prevent access to\nwater)\nNote See the example at the end of\nthis table.\npool fencing and barriers required\nunder Act to restrict access of young\nchildren to pool and immediate pool\nsurrounds must be in place before the\npool is able to hold water\n13 demountable swimming pool pt 3 (Building work) demountable swimming pool erected\nfor not more than 3 consecutive days\n\nitem\n14 pool fencing and barriers required\nunder Act to restrict access of young\nchildren to pool and immediate pool\nsurrounds\npt 3 (Building work) (a) fencing and barriers must comply\nwith building code; and\n(b) fencing and barriers must be\nconstructed in a proper and skilful\nway; and\n(c) fencing and barriers must be\ninspected and certified as\ncompliant with the Act (other than\npt 3) by certifier\n\nitem\n15 internal alteration if—\n(b) work does not—\n(i) change classification of\n(ii) affect exterior; or\n(iii) affect a heating\nappliance\ninternal alteration must not cause aspect\nof building that complies with building\ncode to not comply\n\nitem\n16 external alteration if—\n(b) work involves—\n(i) doorway or window\nopening in class 1, 2 or\n10 building with\nhorizontal opening\nspan of not more\nthan 2m; or\n(ii) altering an\nenergy-consuming\nappliance or fitting; or\n(iii) skylight with an area of\nnot more than 4m2\n(a) external alteration must comply\nwith—\n(i) if there is an exempt\nbuilding code—that code;\nand\n(ii) otherwise—the relevant\ndeemed-to-satisfy provision\nof the building code\n(b) external alteration must not cause\naspect of building that complies\nwith building code to not comply\n\nitem\n17 external alteration if—\n(b) work involves flue, or duct,\noutlet with nominal\nhorizontal dimensions not\nlarger than 600mm\nexternal alteration must comply with—\ndeemed-to-satisfy provision of the\nbuilding code\n\nitem\n18 stairs forming part of building or\nstructure mentioned in this schedule\n19 external pond that can hold water to a\ndepth of not more than 1.2m\npond must not be used for swimming,\nwading or bathing\n\nitem\n20 letterbox, barbecue, or similar\nstructure, with plan area not larger\nthan 2m2 if height measured from\nhighest point on structure to ground\nis not more than 1.8m (excluding any\npart in ground)\n21 water tank with capacity not more\nthan 20kL if height measured from\nhighest point on structure to ground\nis not more than 2.4m (excluding any\npart in ground)\n\nitem\n22 amusement ride or device to which\nAS 3533 applies if erected for no\nmore than 2 months\n(a) design, construction and use must\nbe consistent with AS 3533; and\n(b) the ride or device must be\ndemolished or removed within\n2 months after erected\n23 class 6, class 7 or class 10a building\nor portable building or structure,\nincluding tent, marquee, stall or\nbooth, if erected for no more than\n2 months\n(a) design, construction and use must\nbe consistent with AS 3533; and\n(b) building or structure must be\ndemolished or removed within\n2 months after erected\n\nitem\n24 photovoltaic panel, or solar water\nheater, installed on class 1 or\nclass 10a building\n25 air-conditioning unit for class 1 or\nclass 10a building, that is not main\nsource of ventilation for room or\nbuilding where installed\n\nitem\n26 handling or removing material to\nsample for asbestos\n(a) no dimension of the material is\nmore than 100mm; and\n(b) handling, removing or sampling\nmaterial must be in accordance\nwith any code approved under the\nWork Health and Safety Act 2011\nrelating to asbestos\n\n27 building in district of Symonston,\nsection 97, block 8\n(a) s 12 (Exempt buildings); and\n(b) s 76 (Occupation and use of\nbuildings)\nthe construction occupations registrar—\n(1) has issued a written statement—\n(a) attaching a plan showing the\nlocation and footprint of the\nbuilding; and\n(b) stating that the registrar is\nsatisfied that the building—\n(i) is fit for occupation as a\nnon-standard building if\nused only for a stated\npurpose; and\n(ii) is structurally sound and can\nwithstand loadings likely to\narise from its use as a\nnon-standard building; and\n(iii) contains reasonable\nprovision for the safety of\npeople likely to be in the\n\nitem\nbuilding if there is a fire,\nincluding—\n(A) adequate facilities for\nleaving the building;\nand\n(B) the prevention and\nsuppression of fire;\nand\n(C) the prevention of the\nspread of fire; and\n(c) stating that the registrar may\nwithdraw the statement; and\n(2) has not withdrawn the statement\nand notified the occupier in\nwriting of the withdrawal\n\nitem\n28 handling bonded asbestos or an\nequivalent sheet material that does\nnot contain asbestos\nif the work involves asbestos—the\nwork complies with asbestos handling\nrequirements of the Work Health and\nSafety Act 2011\nExample—item 12\nA certificate of occupancy is issued for a demountable swimming pool, including its required pool fencing. Doing any building work in relation\nto modifying the pool fence is not exempt from the application of the Act. However, the pool reservoir may be taken apart and packed away\nfor winter, and assembled each summer, in accordance with this section, provided the re-erected pool reservoir and its fencing continue to\ncomply with the pre-requisites to the certificate of occupancy being granted in respect of it. A substitute reservoir may also be erected to replace\nthe original approved reservoir, if its arrangement and dimensions comply with this item.\n\nReferral of building approval applications Schedule 2\nInterpretation—sch 2 Part 2.1\nSection 2.1\n","sortOrder":76},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Referral of building approval","content":"Schedule 2 Referral of building approval\napplications\n(see s 19)\n","sortOrder":77},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Interpretation—sch 2","content":"Part 2.1 Interpretation—sch 2\n2.1 Definitions—sch 2\nIn this schedule:\neasement—see the Planning (Exempt Development)\nRegulation 2023, schedule 1, section 1.11 (4).\nlicensed utility service means a utility service licensed under the\nUtilities Act 2000.\nproposed easement—see the Planning (Exempt Development)\nRegulation 2023, schedule 1, section 1.11 (4).\nregulated utility service—see the Utilities (Technical Regulation)\nAct 2014, section 9.\nsupplied—a service is taken to be supplied if service lines or pipes\nexist that connect a building to a service utility network, whether or\nnot the service is in fact being provided to the building.\ntechnical regulator—see the Utilities (Technical Regulation)\nAct 2014, section 77.\nutility infrastructure access or protection space—see the Planning\n(Exempt Development) Regulation 2023, schedule 1, section 1.11 (4).\n\nSchedule 2 Referral of building approval applications\nPart 2.2 Referral of building approval applications to particular entities\nPart 2.2 Referral of building approval\napplications to particular entities\nitem\n1 demolition of building to which\nwater or sewerage services supplied\nor water meter connected\nthe utility that provides the water or\nsewerage service under the Utilities\nAct 2000 or the Utilities (Technical\nRegulation) Act 2014\n2 erection of building, or new part of\nbuilding, if building or new part\nencroaches on easement, proposed\neasement or utility infrastructure\naccess or protection space\na utility that provides a utility service\nunder the Utilities Act 2000 or the\nUtilities (Technical Regulation) Act 2014,\nif the utility has a right under the\neasement, proposed easement or access or\nprotection space\n3 building work in relation to\ndisposal of non-domestic waste into\nsewerage system\nthe utility that provides the sewerage\n4 demolition of building to which\nelectricity services supplied or\nelectricity meter connected\nthe utility that provides the electricity\n5 demolition of building to which gas\nservices supplied or gas meter\nconnected\nthe utility that provides the gas service\nunder the Utilities Act 2000 or the\n6 use of performance solution for a\nprovision of the building code that\ndeals with fire protection\nemergency services commissioner\n7 erection of building, or new part of\nbuilding, if building, or new part—\n(a) is not a class 1, class 10a\nor class 10b building; and\n(b) has floor area larger than\n500m2\nemergency services commissioner\n\nReferral of building approval applications Schedule 2\nReferral of building approval applications to particular entities Part 2.2\nitem\n8 construction of a regulated utility\nservice that is not a licensed utility\nservice\ntechnical regulator\n\n","sortOrder":78},{"sectionNumber":"Sch 2A","sectionType":"schedule","heading":"Referral of demolition order applications to particular entities","content":"Schedule 2A Referral of demolition order applications to particular entities\nSchedule 2A Referral of demolition order\napplications to particular\nentities\n(see s 36B)\nitem\n1 demolition of building to\nwhich water or sewerage\nservices supplied or water\nmeter connected\nthe utility that provides the water or sewerage\n2 demolition of building to\nwhich electricity services\nsupplied or electricity meter\nconnected\nthe utility that provides the electricity service\nunder the Utilities Act 2000 or the Utilities\n(Technical Regulation) Act 2014\n3 demolition of building to\nwhich gas services supplied or\ngas meter connected\nthe utility that provides the gas service under\nthe Utilities Act 2000 or the Utilities\n(Technical Regulation) Act 2014\n\nFundamentally noncompliant building work Schedule 3\nInterpretation—sch 3 Part 3.1\nSection 3.1\n","sortOrder":79},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Fundamentally noncompliant","content":"Schedule 3 Fundamentally noncompliant\n(see s 36)\n","sortOrder":80},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Interpretation—sch 3","content":"Part 3.1 Interpretation—sch 3\n3.1 Definitions—sch 3\n(1) In this schedule:\ndefect tolerance, for an element of building work, means the amount\nstated in the tolerances guide for the element as the amount by which\nthe element may deviate from a stated dimension in the approved\nplans for the building work, or a result from working out a dimension\nusing a method stated in the tolerances guide, for the element.\ntolerances guide means the Guide to Standards and Tolerances 2017,\nas in force from time to time.\nNote The tolerances guide does not need to be notified under the Legislation\nAct because s 47 (5) does not apply (see Legislation Act, s 47 (7)). The\ntolerances guide is accessible at www.fairtrading.nsw.gov.au.\n(2) For this schedule, approved plans that relate to building work show\nthe dimension of an element of the building work if the dimension of\nthe element can be—\n(a) worked out geometrically from the drawings in the approved\nplans; or\n\nSchedule 3 Fundamentally noncompliant building work\nPart 3.1 Interpretation—sch 3\nSection 3.1\n(b) deduced from diagrammatic information in the approved plans.\nExamples—s (2)\n1 Approved plans show a building’s finished floor level and ceiling height with\nreference to a national height datum but do not include any other vertical\ndimensions that refer to a height datum. The plans also show a roof pitched\nfrom the ceiling level at a roof slope of 22.5º, rising to a single ridgeline at the\nuppermost part of the roof. It can be worked out, from the stated horizontal and\nvertical dimensions and slope, that the top of the ridge must be 5430mm above\nthe finished floor level. Although the plans do not state the level of the top of\nthe roof, the plans show what the level must be.\n2 Approved plans show external doors and windows of a building to be\napproximately in the horizontal centre of the adjacent room wall. The plans do\nnot show horizontal dimensions to locate the doors or windows. The plans are\ntaken to show that the doors and windows must be located approximately in\nthe horizontal centre of the relevant walls even though no dimensions are\nspecified. A door or window wholly left or right of the horizontal centre of the\nroom would not comply with the location shown on the plans.\n\nFundamentally noncompliant building work Schedule 3\nFundamentally noncompliant building work Part 3.2\nPart 3.2 Fundamentally noncompliant\nitem\nelement of building\nwork\nwhen building work is fundamentally noncompliant\n1 horizontal set out of a\nthe building’s set out is more than 10 times the defect\ntolerance for horizontal set outs stated in the\ntolerances guide\n2 a floor (a) the level of the floor is more than 10 times the\ndefect tolerance for floors stated in the tolerances\nguide;\n(b) the total floor area exceeds the total floor area\nbuilding work by more than 10%\n3 external dimensions of\na building\nthe external dimensions of the building are more than\n10 times the defect tolerance for external dimensions\nstated in the tolerances guide\n4 a room (a) the set out or a dimension of the room is more\nthan 10 times the defect tolerance for rooms\nstated in the tolerances guide;\n(b) the number of rooms is more than the number\n5 masonry work a tolerance of a masonry component is more than 10\ntimes the defect tolerance for the masonry component\nstated in the tolerances guide\n6 height of a building (a) the top of the building is more than 500mm\nhigher than shown on the approved plans that\nrelate to the building work;\n(b) the vertical distance from the ground to any point\non the building is more than 500mm greater than\n\nSchedule 3 Fundamentally noncompliant building work\nPart 3.2 Fundamentally noncompliant building work\nitem\nelement of building\nwork\nwhen building work is fundamentally noncompliant\n7 number of storeys of a\nthe number of storeys is more than the number shown\non the approved plans that related to the building work\n8 number of buildings the number of buildings, residences or units is more\nthan the number shown on the approved plans that\nrelate to the building work\n9 useless space in a\nNote See the\nexample at the end of this\ntable.\nthe approved plans that relate to the building work do\nnot show a use for a space in the building and the\nspace is constructed in a way that it could be\nreasonably used for human occupation\n10 door or window (a) the number of external doors or windows is more\nthan the number shown on the approved plans\nthat relate to the building work\n(b) a door or window is located in an external wall\neven though the approved plans that relate to the\nbuilding work shows no part of a door or\nwindow to be located in the wall\n11 an enclosure (a) a wall or roof encloses or partly encloses a\nbuilding or space shown on the approved plans\nfor the building work not to be enclosed or partly\nenclosed with the wall or roof;\n(b) a wall or roof has an area of more than 2m²\n12 regulated swimming\npool\npool does not have the fencing or barrier required\nunder the Act to restrict access of young children to\npool and immediate pool surrounds\nExamples—item 9\n1 Approved plans show a space between a ceiling and the roof above the ceiling\n(the roof space) but do not show a use for the roof space. The roof space is\nconstructed in a way that it could reasonably be used as an attic bedroom.\n2 Approved plans show a space between the ground and a floor above the ground\n(the subfloor area) but do not show a use for the subfloor area. The subfloor\narea is constructed in a way that it could reasonably be used as a home theatre.\n\nReviewable decisions Schedule 4\n","sortOrder":81},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 4 Reviewable decisions\n(see pt 5A)\nitem\n1 decision under the Act,\ns 19D (2) (a) to refuse to\napprove a certifier’s\nresignation\nentity appointed as\ncertifier\n2 decision under the Act,\ns 20 (4) to refuse to appoint\na government certifier for\nappointment of a\ngovernment certifier\n3 decision under the Act,\ns 36 (2) to refuse to extend\nor further extend a period\ngovernment certifier applicant for extension\n4 decision under the Act,\ns 53 to issue a stop notice\nin relation to building work\nbeing, or to be, carried out\noccupations registrar,\nbuilding inspector or\ngovernment certifier\nentity carrying out\n5 decision under the Act,\ns 58 (2) or (4) to issue a\nnotice\nentity required by\nnotice to carry out\nstated building work\n6 decision under the Act,\ns 62 (1) to issue a notice\nentity required by\nnotice to carry out\nstated building work\n7 a decision under the Act,\ns 69 to refuse to issue a\ncertificate of occupancy\n8 a decision under the Act,\ns 71 to refuse to issue a\ncertificate for building\nwork involving demolition\n\nSchedule 4 Reviewable decisions\nitem\n9 a decision under the Act,\ns 72 to refuse to issue a\ncertificate involving\nerection of a structure\n10 a decision under the Act,\ns 75 (1) to refuse to issue a\ncertificate of regularisation\n11 a decision under the Act,\ns 77 (3) to refuse to give an\n12 a decision under the Act,\ns 83D (2) to refuse to\nexempt regulated\nswimming pool from safety\nstandards\n13 a decision under the Act,\ns 83D (3) to exempt\nregulated swimming pool\nfrom safety standards\nsubject to conditions\n14 a decision under the Act,\ns 83E (4) to vary\nexemption of regulated\nswimming pool from safety\nstandards\n15 a decision under the Act,\ns 83F (1) (a), (b) or (c) to\nrevoke exemption of\nregulated swimming pool\nfrom safety standards\n16 a decision under the Act,\ns 86 (1) (b) (ii) to work out\nthe cost of building work\nthe builder\n\nReviewable decisions Schedule 4\nitem\n17 a decision under the Act,\ns 90 (1) (j) to refuse to give\nan approval for the form of\nthe insurance policy\nthe applicant for\n18 a decision under s 20 to\ngive advice that does not\nsupport proposed building\nwork\nthe entity giving the\nadvice\napplicant for advice\n19 a decision under s 20 to\ngive advice that supports\nproposed building work,\nsubject to compliance with\nstated conditions\nthe entity giving the\nadvice\napplicant for advice\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• AS (see s 164 (1))\n• AS/NZS (see s 164 (2))\n• chief planner\n• commissioner for fair trading\n• construction occupations registrar\n• director-general (see s 163)\n• emergency services commissioner\n• entity\n• land titles register\n• may (see s 146)\n• national capital plan\n• person (see s 160)\n• territory plan\n• under.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Building Act 2004 (see Legislation Act, s 148). For example, the\nfollowing terms are defined in the Building Act 2004, dict:\n• alteration\n• asbestos\n• asbestos removal control plan\n• building approval\n• building code (see s 136 (1))\n• building work\n• certificate of regularisation (see s 75 (1))\n• certifier\n• class\n• completion day\n\n• development approval\n• dwelling\n• easement\n• exempt building (see s 12)\n• friable asbestos\n• land\n• land sublease\n• owner\n• owner-builder\n• parcel (of land)\n• regulated swimming pool (see s 83B)\n• residential building work\n• residential building work contract\n• structure (see s 8)\n• waste management plan.\naffected building—see the Dangerous Substances Act 2004,\nsection 47I.\naffected residential premises—see the Dangerous Substances\nAct 2004, section 47I.\nAS 1100 means AS 1100 (which is about technical drawing) as in\nforce from time to time, and includes AS/NZS 1100.501.\nNote Australian standards may be purchased at www.standards.org.au.\nAS 1742, for schedule 1 (Exempt buildings and building works)—see\nschedule 1, section 1.1.\nAS 3533, for schedule 1 (Exempt buildings and building works)—see\nschedule 1, section 1.1.\nAS/NZS 3845, for schedule 1 (Exempt buildings and building\n\nbonded asbestos means asbestos in a form where the asbestos fibres\nare held within another material (for example, cement) but does not\ninclude friable asbestos.\ndefect tolerance, for schedule 3 (Fundamentally noncompliant\nbuilding work)—see schedule 3, section 3.1.\ndemountable swimming pool, for schedule 1 (Exempt buildings and\nbuilding works)—see schedule 1, section 1.1.\ndeposited plan—see the Districts Act 2002, section 7.\neasement, for schedule 2 (Referral of building approval\nenclosed outbuilding, for schedule 1 (Exempt buildings and building\nexempt building code, for schedule 1 (Exempt buildings and building\nheating appliance, for schedule 1 (Exempt buildings and building\nlarge building, for schedule 1 (Exempt buildings and building\nlicensed utility service, for schedule 2 (Referral of building approval\nnominal height, for schedule 1 (Exempt buildings and building\noutbuilding, for schedule 1 (Exempt buildings and building works)—\nsee schedule 1, section 1.1.\nproposed building work, for division 3.2 (Building approvals)—see\nsection 9.\nproposed easement, for schedule 2 (Referral of building approval\n\nregulated utility service, for schedule 2 (Referral of building approval\nsmall open building, for schedule 1 (Exempt buildings and building\nsolar water heater, for schedule 1 (Exempt buildings and building\nstormwater system means a system of pipes, gutters, drains,\nfloodways and channels designed to collect or carry stormwater in or\nthrough an urban area, other than for a single parcel of land.\nsupplied, for schedule 2 (Referral of building approval\ntechnical regulator, for schedule 2 (Referral of building approval\ntemporary building, for schedule 1 (Exempt buildings and building\ntolerances guide, for schedule 3 (Fundamentally noncompliant\nbuilding work)—see schedule 3, section 3.1.\nutility infrastructure access or protection space, for schedule 2\n(Referral of building approval applications)—see schedule 2,\nsection 2.1.\nutility service—see the Utilities Act 2000, dictionary.\nwater main means a conduit or pipeline—\n(a) owned, controlled or maintained by a utility service; and\n(b) designed to carry drinking water supplied by the service.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nBuilding (General) Regulation 2008 SL2008-3\nnotified LR 3 March 2008\ns 1, s 2 commenced 3 March 2008 (LA s 75 (1))\nremainder commenced 31 March 2008 (s 2 and see Building\nLegislation Amendment Act 2007 A2007-26, s 2, Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nas amended by\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.8\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.8 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.10\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.10 commenced 22 September 2009 (s 2)\nBuilding Legislation Amendment Regulation 2010 (No 1) SL2010-15\npt 2\nnotified LR 3 May 2010\ns 1, s 2 commenced 3 May 2010 (LA s 75 (1))\npt 2 commenced 4 May 2010 (s 2)\nBuilding Legislation Amendment Regulation 2010 (No 2) SL2010-21\npt 2\nnotified LR 31 May 2010\ns 1, s 2 commenced 31 May 2010 (LA s 75 (1))\npt 2 commenced 1 June 2010 (s 2)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.3\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\n\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.6\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.6 commenced 1 March 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.19\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.19 commenced 1 July 2011 (s 2 (1))\nConstructions Occupations Legislation (Exemption Assessment)\nAmendment Regulation 2011 (No 1) SL2011-21 pt 2\nnotified LR 7 July 2011\ns 1, s 2 commenced 7 July 2011 (LA s 75 (1))\npt 2 commenced 8 July 2011 (s 2 and see Construction Occupations\nLegislation (Exemption Assessment) Amendment Act 2010 A2010-24,\ns 2)\nPlanning and Building Legislation Amendment Act 2011 (No 2)\nA2011-54 pt 3\nnotified LR 13 December 2011\ns 1, s 2 commenced 13 December 2011 (LA s 75 (1))\npt 3 commenced 1 July 2012 (s 2 and CN2012-11)\nAct 2012 A2012-23 pt 3\nnotified LR 28 May 2012\ns 1, s 2 commenced 28 May 2012 (LA s 75 (1))\npt 3 commenced 29 May 2012 (s 2)\nBuilding (General) Amendment Regulation 2012 (No 1) SL2012-26\nnotified LR 28 June 2012\ns 1, s 2 commenced 28 June 2012 (LA s 75 (1))\nremainder commenced 1 July 2012 (s 2 and see Planning and Building\nLegislation Amendment Act 2011 (No 2) A2011-54, s 2 and\nCN2012-11)\nBuilding (General) Amendment Regulation 2012 (No 2) SL2012-33\nnotified LR 12 July 2012\ns 1, s 2 commenced 12 July 2012 (LA s 75 (1))\nremainder commenced 13 July 2012 (s 2)\n\nBuilding (General) Amendment Regulation 2013 (No 1) SL2013-6\nnotified LR 25 March 2013\ns 1, s 2 commenced 25 March 2013 (LA s 75 (1))\nremainder commenced 26 March 2013 (s 2)\nAct 2013 A2013-15 pt 3\nnotified LR 21 May 2013\ns 1, s 2 commenced 21 May 2013 (LA s 75 (1))\npt 3 commenced 22 May 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.5\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.5 commenced 14 June 2013 (s 2)\nConstruction and Energy Efficiency Legislation Amendment Act 2013\nA2013-31 pt 5\nnotified LR 26 August 2013\ns 1, s 2 commenced 26 August 2013 (LA s 75 (1))\ns 26 commenced 27 August 2013 (s 2 (3))\npt 5 remainder commenced 1 September 2013 (s 2 (1))\nAct 2014 A2014-23 pt 3\nnotified LR 26 May 2014\ns 1, s 2 commenced 26 May 2014 (LA s 75 (1))\npt 3 commenced 27 May 2014 (s 2)\nAct 2014 (No 2) A2014-45 pt 3\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\npt 3 commenced 6 November 2014 (s 2)\nDangerous Substances (Asbestos Safety Reform) Legislation\nAmendment Act 2014 A2014-53 pt 3\nnotified LR 3 December 2014\ns 1, s 2 commenced 3 December 2014 (LA s 75 (1))\npt 3 commenced 1 January 2015 (s 2)\n\nUtilities (Technical Regulation) Act 2014 A2014-60 sch 2 pt 2.1\nnotified LR 8 December 2014\ns 1, s 2 commenced 8 December 2014 (LA s 75 (1))\nsch 2 pt 2.1 commenced 1 March 2015 (s 2 and CN2015-1)\nBuilding (General) Legislation Amendment Regulation 2015 (No 1)\nSL2015-14 pt 2\nnotified LR 4 May 2015\ns 1, s 2 commenced 4 May 2015 (LA s 75 (1))\ns 9, s 10 commenced 5 May 2015 (s 2 (2) (a))\npt 2 remainder commenced 5 May 2015 (s 2 (1))\nBuilding (General) Amendment Regulation 2015 (No 1) SL2015-17\nnotified LR 14 May 2015\ns 1, s 2 commenced 14 May 2015 (LA s 75 (1))\ns 5 commenced 1 February 2016 (s 2 (2) and see Dangerous\nSubstances (General) Amendment Regulation 2015 (No 2) SL2015-13\ns 2)\nremainder commenced 15 May 2015 (s 2 (1) and see Dangerous\nSubstances (General) Amendment Regulation 2015 (No 1) SL2015-10\ns 2)\nPlanning, Building and Environment Legislation Amendment Act\n","sortOrder":82},{"sectionNumber":"2015","sectionType":"section","heading":"A2015-12 pt 3","content":"2015 A2015-12 pt 3\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\npt 3 commenced 21 May 2015 (s 2)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 3\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 3 commenced 1 July 2015 (s 2 and CN2015-9)\nBuilding (Loose-fill Asbestos Eradication) Legislation Amendment\nAct 2015 A2015-42 pt 4\nnotified LR 5 November 2015\ns 1, s 2 commenced 5 November 2015 (LA s 75 (1))\npt 4 commenced 1 February 2016 (s 2 (2) and see Dangerous\nSubstances (General) Amendment Regulation 2015 (No 2) SL2015-13\ns 2)\n\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.4\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.4 commenced 9 December 2015 (s 2)\nPlanning, Building and Environment Legislation Amendment Act\n","sortOrder":83},{"sectionNumber":"2016","sectionType":"section","heading":"A2016-2 pt 2","content":"2016 A2016-2 pt 2\nnotified LR 23 February 2016\ns 1, s 2 commenced 23 February 2016 (LA s 75 (1))\npt 2 commenced 24 February 2016 (s 2)\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.1\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 21 June 2016 (s 2)\nBuilding and Construction Legislation Amendment Act 2016\nA2016-44 pt 3\nnotified LR 19 August 2016\ns 1, s 2 commenced 19 August 2016 (LA s 75 (1))\ns 44 commenced 19 August 2017 (s 2 (3))\npt 3 remainder commenced 20 August 2016 (s 2 (1))\nPlanning and Development (Lease Variation Charge Deferred\nPayment Scheme) Amendment Act 2018 A2018-16 sch 1 pt 1.2\nnotified LR 16 May 2018\ns 1, s 2 commenced 16 May 2018 (LA s 75 (1))\nsch 1 pt 1.2 commenced 17 May 2018 (s 2)\nBuilding (General) Amendment Regulation 2019 (No 1) SL2019-17\nnotified LR 28 June 2019\ns 1, s 2 commenced 28 June 2019 (LA s 75 (1))\nremainder commenced 1 October 2019 (s 2)\nLand Titles (Electronic Conveyancing) Legislation Amendment Act\n","sortOrder":84},{"sectionNumber":"2020","sectionType":"section","heading":"A2020-16 sch 1 pt 1.4","content":"2020 A2020-16 sch 1 pt 1.4\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 June 2020 (s 2 and see Electronic\nConveyancing National Law (ACT) Act 2020 A2020-15 s 2)\n\nLoose-fill Asbestos Legislation Amendment Act 2020 A2020-20 pt 2\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\npt 2 commenced 1 July 2020 (s 2)\nBuilding and Construction Legislation Amendment Act 2020\nA2020-25 pt 3\nnotified LR 24 June 2020\ns 1, s 2 commenced 24 June 2020 (LA s 75 (1))\npt 3 commenced 25 June 2020 (s 2 (1))\nBuilding (General) Amendment Regulation 2020 (No 1) SL2020-26\nnotified LR 30 June 2020\ns 1, s 2 commenced 30 June 2020 (LA s 75 (1))\nremainder commenced 1 April 2021 (s 2)\nBuilding and Construction Legislation Amendment Regulation 2023\n(No 1) SL2023-7 pt 2 (as am by SL2023-23)\nnotified LR 28 April 2023\ns 1, s 2 commenced 28 April 2023 (LA s 75 (1))\ns 7 never commenced (as am by SL2023-23 s 6)\npt 2 remainder commenced 1 May 2023 (s 2 (1) (as am by SL2023-23\ns 4, s 5))\nBuilding and Construction Legislation Amendment Regulation 2023\n(No 2) SL2023-23\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nremainder commenced 30 September 2023 (s 2)\nNote This regulation only amends the Building and Construction\nLegislation Amendment Regulation 2023 (No 1) SL2023-7\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.4\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.4 commenced 27 November 2023 (s 2 (1) and see Planning\nAct 2023 A2023-18, s 2 (2) and CN2023-10)\n\nBuilding (Swimming Pool Safety) Legislation Amendment Act 2023\nA2023-46 pt 3\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\npt 3 commenced 1 May 2024 (s 2 (1))\nBuilding and Construction Legislation Amendment Act 2023\nA2023-55 pt 5\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 5 commenced 12 December 2023 (s 2 (4))\nBuilding (General) Amendment Regulation 2023 (No 1) SL2023-42\nnotified LR 21 December 2023\ns 1, s 2 commenced 21 December 2023 (LA s 75 (1))\nremainder commenced 15 January 2024 (s 2 and see Building and\nConstruction Legislation Amendment Act 2023 A2023-55, s 2 (3))\nBuilding (General) Amendment Regulation 2024 (No 1) SL2024-6\nnotified LR 30 April 2024\ns 1, s 2 commenced 30 April 2024 (LA s 75 (1))\nremainder commenced 1 May 2024 (s 2 and see Building (Swimming\nPool Safety) Legislation Amendment Act 2023 A2023-46, s 2 (1))\nProperty Developers Act 2024 A2024-36 sch 2 pt 2.2\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 2 pt 2.2 awaiting commencement\nBuilding (General) Amendment Regulation 2024 (No 2) SL2024-25\nnotified LR 9 September 2024\ns 1, s 2 commenced 9 September 2024 (LA s 75 (1))\ns 7, s 8 commenced 1 January 2025 (s 2 (1))\nremainder commenced 1 July 2025 (s 2 (2))\nBuilding and Construction Legislation Amendment Act 2025 A2025-5\npt 3\nnotified LR 31 March 2025\ns 1, s 2 commenced 31 March 2025 (LA s 75 (1))\npt 3 commenced 1 April 2025 (s 2)\n\nBuilding and Construction Legislation Amendment Regulation 2025\n(No 1) SL2025-11 pt 2\nnotified LR 30 June 2025\ns 1, s 2 commenced 30 June 2025 (LA s 75 (1))\ns 4, s 6 commenced 1 July 2025 (s 2 (2) and see Building (General)\nAmendment Regulation 2024 (No 2) SL2024-25, s 2 (2))\npt 2 remainder awaiting commencement\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.20\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.20 commenced 6 December 2025 (s 2 (5))\nBuilding and Construction Legislation Amendment Act 2026 A2026-2\npt 3\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 3 commenced 23 February 2026 (s 2 (1))\n\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2014-53 s 9; SL2015-14 s 5\nOffences against regulation—application of Criminal Code etc\ns 4A ins A2013-19 amdt 3.24\nExempt buildings and building work generally—Act, s 152 (2)\ns 6 hdg sub A2015-12 s 22\ns 6 am SL2010-15 s 4, s 5; ss renum R5 LA; SL2013-6 s 4, s 5;\nA2013-19 amdt 3.25; SL2015-14 s 6, s 7; ss renum R24 LA;\nA2015-12 s 23, s 24; ss renum R26 LA; A2020-20 s 4, s 5; ss\nrenum R39 LA\nMinister may exempt buildings—Act, s 152 (2)\ns 7 am A2011-3 amdt 3.80; A2015-50 amdt 3.11; A2016-33\namdt 1.1; A2025-29 amdt 4.20\nExemption assessments\npt 2A hdg ins SL2011-21 s 4\nNumber of copies of plans—Act, s 14 (2)\ns 7A ins SL2011-21 s 4\nAdditional details and material for exemption assessment application—Act,\ns 14 (3)\ns 7B hdg sub A2012-23 s 6\ns 7B ins SL2011-21 s 4\nam A2012-23 s 7; A2023-36 amdt 1.31, amdt 1.32\nPlan information and requirements—Act, s 14 (4)\ns 7C ins SL2011-21 s 4\nExemption assessment B notices—Act, s 14B (2) (b) (iii)\ns 7D ins SL2011-21 s 4\nam A2013-19 amdt 3.26\nExemption assessment B notice—attached documents––Act, s 14B (3) (a)\nand (b)\ns 7E ins SL2011-21 s 4\nSite work notice—Act, s 25AA\ns 9A ins A2014-45 s 10; A2023-36 amdt 1.33\nNumber of copies of plans—Act, s 26 (2) (a)\ns 10 sub A2012-23 s 8\n\nGeneral requirements for application for building approvals—Act, s 26 (3)\ns 11 am A2013-31 s 21, s 22; A2020-25 s 12, s 13; A2025-29\namdt 4.20\nBuilding erection and alteration—Act, s 26 (3)\ns 12 am A2013-31 s 23; A2020-25 s 14\nOffences against regulation—application of Criminal Code etc\ns 13 am A2013-19 amdt 3.27, amdt 3.28\nBonded asbestos removal—Act, s 26 (3)\ns 14 am A2014-53 s 10\nFriable asbestos removal—Act, s 26 (3)\ns 15 sub A2014-53 s 11\nAsbestos contamination report—Act, s 26 (3)\ns 15A ins SL2015-17 s 4\nsub SL2015-17 s 5; A2020-20 s 6\nGeneral requirements for plans—Act, s 27 (1) (a)\ns 16 am A2013-31 s 24, s 25; A2015-19 s 7; A2020-16 amdt 1.9;\nA2020-25 s 15, s 16; A2023-55 s 33\nRequirements for plans for alteration and erection of buildings—Act,\ns 27 (1) (a)\ns 17 am SL2011-21 s 5; A2013-19 amdts 3.29-3.31\nRequirements for plans for asbestos removal—Act, s 27 (1) (a)\ns 18 am A2015-12 s 25\nBuilding approval applications—asbestos warning notices—Act, s 152 (3) (b)\ns 18A ins SL2015-14 s 8\nam SL2015-14 s 9, s 10; ss renum R24 LA; A2020-20 s 7;\nA2025-29 amdt 4.20\nCarrying out building work\ndiv 3.3 hdg orig div 3.3 hdg\nom SL2010-15 s 6\npres div 3.3 hdg\n(prev div 3.4 hdg) renum as div 3.3 hdg SL2010-15 s 19\nConsultation required in relation to proposed building work—Act,\ns 152 (3) (c)\ns 22 am A2009-20 amdt 3.24; A2010-43 amdt 1.4, amdt 1.5; pars\nrenum R7 LA; A2011-22 amdt 1.67; A2015-12 s 26, s 27;\nA2023-36 amdt 1.34\n\nUnaltered parts need not comply with building code if alternative\nrequirements met—Act, s 29 (2) (b)\ns 24 am SL2010-15 ss 7-15; pars renum R5 LA; SL2012-33 s 7\nsub SL2023-7 s 4\nam A2023-46 s 12\nUnaltered parts need not comply with building code—alternative glazing\ns 25 om SL2023-7 s 4\nUnaltered parts need not comply with building code—alternative stair\ns 26 om SL2023-7 s 4\nUnaltered parts need not comply with building code—balustrade compliance\ns 27 om SL2023-7 s 4\nUnaltered parts need not comply with building code—alternative energy\nefficiency requirements—Act, s 29 (2) (b)\ns 28 am SL2010-15 s 16\nom SL2023-7 s 4\nUnaltered parts need not comply with building code—alternative energy\nefficiency requirements for external glazing—Act, s 29 (2) (b)\ns 29 am SL2010-15 s 17, s 18; SL2012-33 s 4\nom SL2023-7 s 4\nBuilding approvals not to be issued—Act, s 30 (2)\ns 29A ins A2020-20 s 8\nam A2025-29 amdt 4.20\nBuilding work signs\ndiv 3.2A hdg ins A2011-54 s 7\nRequirements for sign for certain building work—Act, s 37A (4) and\ns 37B (2) (a)\ns 30A ins A2011-54 s 7\nam SL2012-26 ss 4-7; pars renum R13 LA\nPrescribed development—Act, s 37B (1) (a)\ns 30B ins A2011-54 s 7\nam SL2012-26 s 8; A2023-36 amdts 1.35-1.37\nPeriod for displaying sign—Act, s 37B (2) (b)\ns 30C ins A2011-54 s 7\nStages of building work—Act, s 43 (1) (a)\ns 33 am SL2012-33 s 7; A2016-44 s 39\n\nPublic servant to attend stage inspections—Act, s 44 (1A)\ns 33AA ins SL2024-25 s 4\nom SL2025-11 s 4\nStage inspections for dwellings and buildings containing dwellings—\nAct, s 44 (7) (a) and (b) (ii)\ns 33A ins SL2020-26 s 4\nsub SL2023-7 s 5\nOffence—building work above damp-proof course level\ns 34 am SL2012-33 s 7\nsub A2016-44 s 40\nCompletion of building work\ndiv 3.4 hdg orig div 3.4 hdg\nrenum as div 3.3 hdg\npres div 3.4 hdg\n(prev div 3.5 hdg) renum as div 3.4 hdg SL2010-15 s 19\nApprovals on completion of building work—Act, s 48 (3) (g)\ns 35 am A2008-36 amdt 1.66; A2015-50 amdt 3.12; A2016-33\namdt 1.2; A2023-36 amdt 1.38\nCertificates of occupancy—fitness for occupation and use—Act, s 69 (4) (a)\ns 35A hdg am A2018-16 amdt 1.2\ns 35A ins A2016-44 s 41\nam A2018-16 amdt 1.2\nCertificates of occupancy—consideration of reports—Act, s 69 (4) (a)\ns 35AA ins SL2024-25 s 5\nom SL2025-11 s 4\nCertificates of occupancy—requirements if deferral arrangement applies—\nAct, s 69 (4) (b)\ns 35B hdg sub SL2024-25 s 6\ns 35B ins A2018-16 amdt 1.3\nam A2023-36 amdt 1.39, amdt 1.40\nFundamentally noncompliant building work\ndiv 3.5 hdg orig div 3.5 hdg\nrenum as div 3.4 hdg\npres div 3.5 hdg\nins SL2010-15 s 20\nFundamentally noncompliant building work—Act, s 50 (4)\ns 36 am SL2012-33 s 5\nDemolition orders\ndiv 3.6 hdg ins A2015-42 s 16\n\nGeneral requirements for plans—Act, s 63A\ns 36A ins A2015-42 s 16; A2020-16 amdt 1.10\nam A2023-55 s 34\nApplications for demolition orders to be referred—Act, s 63A (4)\ns 36B ins A2015-42 s 16\nApplications for demolition orders—requirement to give advice—Act, s 63B\ns 36C ins A2015-42 s 16\nRegulated swimming pools\npt 3A hdg ins A2023-46 s 13\nSafety standards—Act, s 83A, def safety standards\ns 36D ins A2023-46 s 13\nStanding exemptions—circumstances—Act, s 83C\ns 36E ins A2023-46 s 13\nam A2026-2 s 36\nExemption by Minister—circumstances—Act, s 83D (2)\ns 36F ins A2023-46 s 13\nam SL2024-6 s 4, s 5\nPrescribed requirements for safety barrier—Act, s 83N (2) (c)\ns 36G ins SL2024-6 s 6\nexp 30 April 2028 (s 36G (3))\nCompetency matters for person to exercise functions of authorised person—\nAct, s 83P (3)\ns 36H ins SL2024-6 s 6\nBuilding surveyor taken to be appointed as authorised person—\nAct, s 83P (4)\ns 36I ins SL2024-6 s 6\nDirector-general may end building surveyor’s appointment as authorised\nperson\ns 36J ins SL2024-6 s 6\nResidential buildings—statutory warranties, standard conditions, insurance\nand fidelity certificates\npt 4 hdg sub A2016-44 s 42\nBuilding work to which pt 6 does not apply\ns 37 hdg sub A2015-12 s 28\ns 37 am A2016-44 s 43\nRequired documents for residential building work contract—Act, s 89D\ns 38A ins SL2019-17 s 4\nam A2025-29 amdt 4.20\n\nProhibited conditions—Act, s 89E\ns 38B ins SL2019-17 s 4\nMinimum insurance for insurable residential building work—Act, s 90 (1) (b)\ns 39 hdg sub A2016-44 s 44\ns 39 am SL2024-25 s 7\nPeriod of insurance for insurable residential building work—Act, s 90 (1) (c)\nand (d)\ns 40 hdg sub A2016-44 s 44\nPeriod of claims for insurable residential building work—Act, s 90 (1) (i)\ns 41 hdg sub A2016-44 s 44\ns 41 am SL2024-25 s 8\nDocuments forming part of building code—Act, s 136 (1), def building code,\npar (b)\ns 43A ins A2012-23 s 9\nsub SL2023-7 s 6\nApplication of building code to bushfire-prone area—Act, s 136 (4)\ns 44 am A2023-36 amdt 1.41\nEnergy efficiency provisions—Act, s 139C (3), def energy efficiency\nprovision\ns 44AA ins SL2012-33 s 6\nsub SL2023-42 s 4\nPreparation of NatHERS energy efficiency certificates—Act, s 139C (2)\ns 44AB ins SL2023-42 s 4\nPreparation of whole-of-home calculator energy efficiency certificates—\nAct, s 139C (2)\ns 44AC ins SL2023-42 s 4\nam A2025-5 s 11; ss renum R48 LA\nNotification and review of decisions\npt 5A hdg ins A2008-36 amdt 1.67\nDecision-makers—Act, s 142A, def decision-maker\ns 44A ins A2008-36 amdt 1.67\nReviewable decisions—Act, s 142A, def reviewable decision\ns 44B ins A2008-36 amdt 1.67\nRight of review and notice—Act, s 142B and s 142C (a)\ns 44C ins A2008-36 amdt 1.67\nNon-application of Legislation Act, s 47 (5)\ns 45 am A2015-12 s 29\nom A2025-5 s 12\n\nReview by AAT—Act, s 146 (5)\ns 46 om A2008-36 amdt 1.68\nExempt building code—Act, s 152\ns 47 am A2011-3 amdt 3.81; A2025-29 amdt 4.20\nOccupations and qualifications—handling small amounts of bonded\nasbestos—Act, s 152\ns 48 om SL2015-14 s 11\nCertifier issuing building approval etc without development approval––\nAct, s 152\ns 49 am A2023-36 amdts 1.42-1.44; ss renum R43 LA\nTransitional\npt 20 hdg exp 31 March 2010 (s 106)\nDefinitions—pt 20\ns 100 exp 31 March 2010 (s 106)\ndef commencement day exp 31 March 2010 (s 106)\ndef new scheme exp 31 March 2010 (s 106)\ndef old scheme exp 31 March 2010 (s 106)\nTransitional—application for building approval under old scheme\ns 101 exp 31 March 2010 (s 106)\nTransitional—information not included but required for building approval\ns 102 exp 31 March 2010 (s 106)\nTransitional—floor area if building application before commencement day\ns 103 exp 31 March 2010 (s 106)\nTransitional—floor area if building application on or after commencement\nday and before 1/1/2009\ns 104 exp 31 March 2010 (s 106)\nLegislation repealed\ns 105 om LA s 89 (3)\nExpiry—pt 20\ns 106 exp 31 March 2010 (s 106)\nTransitional—Building Legislation Amendment Regulation 2010 (No 1)\npt 21 hdg ins SL2010-15 s 21\nBuilding code 2010 edition—delayed application of energy efficiency\nprovisions—Act, s 136 (4)\ns 110 ins SL2010-15 s 21\nam SL2010-21 s 4; pars renum R6 LA\n\nExpiry—pt 21\ns 111 ins SL2010-15 s 111\nTransitional—Building (General) Legislation Amendment Regulation 2015\n(No 1)\npt 22 hdg ins SL2015-14 s 12\nMeaning of commencement day—pt 22\ns 112 ins SL2015-14 s 12\nBuilding approval applications made before commencement day—asbestos\nwarning notices\ns 113 ins SL2015-14 s 12\nExpiry—pt 22\ns 114 ins SL2015-14 s 12\nExempt buildings and building works\nsch 1 am SL2010-15 ss 22-24; SL2013-6 s 6; A2013-15 s 7;\nA2013-19 amdts 3.32-3.34; A2013-31 s 26; am A2014-23\nss 6-11; SL2015-14 s 13; items renum R24 LA; A2015-12\nss 30-32; items renum R26 LA; A2016-2 s 4; A2016-44 s 45,\ns 46; A2023-46 ss 14-20; items renum R46 LA; SL2024-6\ns 7, s 8\nDefinitions—sch 2\nsch 2 s 2.1 def ActewAGL Distribution om SL2015-14 s 14\ndef easement sub A2023-36 amdt 1.45\ndef licensed utility service ins A2014-60 amdt 2.1\ndef proposed easement sub A2023-36 amdt 1.45\ndef regulated utility service ins A2014-60 amdt 2.1\ndef technical regulator ins A2014-60 amdt 2.1\ndef utility infrastructure access or protection space sub\nA2023-36 amdt 1.45\nReferral of building approval applications to particular entities\nsch 2 pt 2.2 am SL2012-33 s 7; A2014-60 amdt 2.2; SL2015-14 s 15;\nA2015-50 amdt 3.13; A2016-33 amdt 1.3; A2020-25 s 17\nReferral of demolition order applications to particular entities\nsch 2A ins A2015-42 s 17\nFundamentally noncompliant building work\nsch 3 am SL2024-6 ss 9-11; A2025-5 s 13\nReviewable decisions\nsch 4 hdg sub A2008-36 amdt 1.69\n\nsch 4 am A2023-46 s 21; items renum R46 LA\ndict am A2008-36 amdt 1.70; A2009-20 amdt 3.25; A2011-3\namdt 3.82; A2011-22 amdt 1.68, amdt 1.69;A2013-19\namdt 3.35; A2014-53 s 12; A2015-19 s 8; A2016-33\namdt 1.4; SL2019-17 s 5; A2020-16 amdt 1.11; A2023-36\namdt 1.46; A2023-46 s 22; SL2024-25 s 9; SL2025-11 s 6\ndef ActewAGL Distribution om SL2015-14 s 16\ndef affected building ins A2020-20 s 9\ndef affected residential premises ins A2020-20 s 9\ndef AS 1100 sub A2013-19 amdt 3.36\ndef AS 3533 ins A2013-19 amdt 3.37\ndef asbestos om A2014-53 s 13\ndef asbestos removal code om A2015-12 s 33\ndef bonded asbestos ins A2011-3 amdt 3.83\ndef demountable pool om A2023-46 s 23\ndef demountable swimming pool ins A2023-46 s 24\ndef deposited plan ins A2020-16 amdt 1.12\ndef licensed utility service ins A2014-60 amdt 2.3\ndef regulated utility service ins A2014-60 amdt 2.3\ndef stormwater system ins A2023-55 s 35\ndef swimming pool om A2023-46 s 25\ndef technical regulator ins A2014-60 amdt 2.3\ndef utility service ins A2023-55 s 35\ndef water main ins A2023-55 s 35\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n31 Mar 2008\n31 Mar 2008–\n1 Feb 2009\nnot amended new regulation\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-36 amendments by\nA2008-36\n22 Sept 2009\n22 Sept 2009–\n31 Mar 2010\nA2009-20 amendments by\nA2009-20\n1 Apr 2010\n1 Apr 2010–\nA2009-20 commenced expiry\n4 May 2010–\nSL2010-15 amendments by\nSL2010-15\n1 June 2010–\n30 Nov 2010\nSL2010-21 amendments by\nSL2010-21\n1 Dec 2010\n1 Dec 2010–\n28 Feb 2011\nA2010-43 amendments by\nA2010-43\nR8*\n1 Mar 2011\n1 Mar 2011–\nA2011-3 amendments by\nA2011-3\n2 May 2011–\nA2011-3 expiry of\ntransitional\nprovisions (pt 21)\n1 July 2011–\nA2011-22 amendments by\nA2011-22\n8 July 2011–\nSL2011-21 amendments by\nSL2011-21\n29 May 2012–\nA2012-23 amendments by\nA2012-23\n\nEarlier republications 5\nfor\n1 July 2012–\nSL2012-26 amendments by\nA2011-54 and\nSL2012-26\n13 July 2012–\n25 Mar 2013\nSL2012-33 amendments by\nSL2012-33\n26 Mar 2013\n26 Mar 2013–\nSL2013-6 amendments by\nSL2013-6\n22 May 2013–\nA2013-15 amendments by\nA2013-15\n14 June 2013–\n26 Aug 2013\nA2013-19 amendments by\nA2013-19\n27 Aug 2013\n27 Aug 2013–\n31 Aug 2013\nA2013-31 amendments by\nA2013-31\nR19*\n1 Sept 2013\n1 Sept 2013–\nA2013-31 amendments by\nA2013-31\n27 May 2014–\n5 Nov 2014\nA2014-23 amendments by\nA2014-23\n6 Nov 2014\n6 Nov 2014–\n31 Dec 2014\nA2014-45 amendments by\nA2014-45\n1 Jan 2015\n1 Jan 2015–\n28 Feb 2015\nA2014-53 amendments by\nA2014-53\n1 Mar 2015\n1 Mar 2015–\nA2014-60 amendments by\nA2014-60\n5 May 2015–\nSL2015-14 amendments by\nSL2015-14\n15 May 2015–\nSL2015-17 amendments by\nSL2015-17\n21 May 2015–\nA2015-12 amendments by\nA2015-12\n1 July 2015–\n8 Dec 2015\nA2015-19 amendments by\nA2015-19\n9 Dec 2015\n9 Dec 2015–\n31 Jan 2016\nA2015-50 amendments by\nA2015-50\n\nfor\n1 Feb 2016\n1 Feb 2016–\n23 Feb 2016\nA2015-50 amendments by\nSL2015-17 and\nA2015-42\n24 Feb 2016\n24 Feb 2016–\nA2016-2 amendments by\nA2016-2\n6 May 2016–\nA2016-2 expiry of\ntransitional\nprovisions (pt 22)\n21 June 2016–\n19 Aug 2016\nA2016-33 amendments by\nA2016-33\n20 Aug 2016\n20 Aug 2016–\n18 Aug 2017\nA2016-44 amendments by\nA2016-44\n19 Aug 2017\n19 Aug 2017–\nA2016-44 amendments by\nA2016-44\n17 May 2018–\n30 Sept 2019\nA2018-16 amendments by\nA2018-16\n1 Oct 2019\n1 Oct 2019–\nSL2019-17 amendments by\nSL2019-17\n1 June 2020–\nA2020-16 amendments by\nA2020-16\n25 June 2020–\nA2020-25 amendments by\nA2020-25\n1 July 2020–\nA2020-25 amendments by\nA2020-20\n1 Apr 2021\n1 Apr 2021–\n30 Apr 2023\nSL2020-26 amendments by\nSL2020-26\n1 May 2023–\n29 Sept 2023\nSL2023-7 amendments by\nSL2023-7\n30 Sept 2023\n30 Sept 2023–\n26 Nov 2023\nSL2023-7 updated endnotes\nas amended by\nSL2023-23\n27 Nov 2023\n27 Nov 2023–\n11 Dec 2023\nA2023-36 amendments by\nA2023-36\n\nEarlier republications 5\nfor\n12 Dec 2023\n12 Dec 2023–\n14 Jan 2024\nA2023-55 amendments by\nA2023-55\n15 Jan 2024\n15 Jan 2024–\n30 Apr 2024\nSL2023-42 amendments by\nSL2023-42\n1 May 2024–\n31 Dec 2024\nSL2024-6 amendments by\nA2023-46 and\nSL2024-6\n1 Jan 2025\n1 Jan 2025–\n31 Mar 2025\nSL2024-25 amendments by\nSL2024-25\n1 Apr 2025\n1 Apr 2025–\nA2025-5 amendments by\nA2025-5\n1 July 2025–\n5 Dec 2025\nSL2025-11 amendments by\nSL2024-25 and\nSL2025-11\n6 Dec 2025\n6 Dec 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":85}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation's scope has been broadened and adjusted through successive amendments documented in the republication. Notable scope additions include a specific part for regulated swimming pools (part 3A inserted by A2023-46, ss 36D–36J), enhanced asbestos-related obligations and warning mechanisms (eg ss 14–15A, s 18A added or amended by A2014-53 and SL2015-17), prescribed energy-efficiency provisions and certificate processes (ss 44AA–44AC as inserted or amended by SL2023-42 and related Acts), and multiple changes to exemptions, referrals and administrative processes (many amendments listed in the legislation history and amendment history). The amendment history (endnotes) shows repeated insertions, substitutions and expiries which changed which activities are exempt, added referral pathways (schedules 2 and 2A), and introduced new compliance requirements (for example, pool safety standards and NatHERS/Whole-of-Home certificate rules). These are concrete scope changes implemented by specific amending instruments cited in the republication's endnotes (for example, A2023-46, SL2024-6, SL2023-42, A2014-53)."},"complexity_factors":["Extensive cross-references to other laws and external technical documents (Building Act 2004, Planning Acts, Dangerous Substances Act, Utilities Acts, NCC, multiple Australian Standards) requiring implementers to consult many instruments (eg ss 16, 18A, 43A, 44AB–44AC, schedule 1).","Many schedules, definitions and conditional exemptions (schedule 1 contains detailed exemptions and conditions that interact with s 6 and multiple Act parts).","Multiple procedural tracks (exemption assessments, building approvals, referrals, demolition orders, regulated pool procedures and reviewable decisions) with distinct document and time requirements (parts 2A, 3, 3A, 5A).","Technical numerical thresholds and tolerance rules (eg substantial alteration >50% floor area—s 23; fundamentally noncompliant at 10× defect tolerance—schedule 3) that can change obligations sharply when crossed.","Administrative timing rules and strict-liability offences (referral advice due in 15 working days—s 20; strict-liability offences for certifiers—s 49; s 34), increasing legal and timing complexity.","Layering of discretionary powers (Ministerial exemptions, registrar statements, director-general appointments and removals) requiring users to track administrative decisions and instruments (s 7, s 29A, ss 36F, 36J, schedule 4).","Varied compliance modalities (electronic-first submissions with optional paper copies, marking and numbering attachments, required certificates from accredited assessors and licensed practitioners—ss 7A, 10, 7E, 44AB).","Frequent amendments and transitional/expiry provisions documented in a long amendment history, which complicates determining the current operative text for a given provision (endnotes and amendment history)."],"plain_english_summary":"This regulation (the Building (General) Regulation 2008) sets the detailed rules for how the Building Act 2004 works in the Australian Capital Territory. It does not create a new policy aim; it implements and fills out the Act by specifying what documents, tests, timeframes and technical standards must be used, who makes which decisions, and when criminal or civil penalties apply.\n\nWhat it changes mechanically\n\n- Prescribes which small structures and specific activities are exempt from the Act or from parts of the Act, and the conditions on those exemptions (see schedule 1, and s 6).\n- Sets exact information and format requirements for applications, plans and notices (for example: number of plan copies—s 7A and s 10; plan content—ss 16–18; asbestos plan and contamination reporting—ss 14–15A; site work notice—s 9A).\n- Prescribes referral and consultation processes: which third parties must be sent building-approval applications or demolition-order applications and what those entities must provide (see s 19, schedule 2; s 36B, schedule 2A; and s 20 on 15-working-day advice requirement).\n- Specifies stages of work that trigger inspections and what must be provided before work proceeds to a next stage (s 33; stage inspection notices to registrar—s 33A).\n- Defines when alterations are “substantial” and what parts of a substantially altered building must comply with the building code (s 23–24; s 29A on alternative requirements determined by the Minister).\n- Sets sign/display rules for many building projects (ss 30A–30C) and minimum information required on those signs.\n- Provides technical thresholds and tests, for example for when an element is “fundamentally noncompliant” (schedule 3) and when amended plans are “significantly different” (s 30).\n- Establishes regulated swimming-pool safety standards, standing exemptions and ministerial exemptions, and the competency and appointment rules for authorised persons who carry out pool safety functions (part 3A, ss 36D–36J).\n- Sets minimum insurance amounts and time-limits for residential building-work insurance and claims (ss 39–43).\n- Identifies the documents that form part of the building code and prescribes which energy-efficiency provisions and certificate processes must be used (ss 43A, 44AA–44AC).\n- Lists reviewable decisions and the decision-makers and identifies which entities have a right to be notified or to seek review (part 5A and schedule 4).\n- Creates offences or strict-liability rules for specified actions (for example, certifiers issuing approvals without required development approval—s 49; offences about building above damp-proof course level—s 34). Penalty unit values are noted in the republication cover (penalty unit: $160 individual, $810 corporation).\n\nWho it affects and who pays\n\n- Affected actors: owners and occupiers of land, licensed builders and building licensees, certifiers and building surveyors, construction occupations registrar, utilities and technical regulators, emergency services commissioner, the Minister and director-general, building assessors, and insurers (numerous provisions: e.g. ss 8, 11, 19–22, part 3A, ss 36H–36J, ss 39–41).\n- Who pays: compliance costs fall to owners and builders (preparing plans and notices, obtaining certificates, carrying out required inspections, purchasing minimum insurance—ss 11, 16–18, 35A, 39). Certifiers and assessors incur administrative obligations and potential legal exposure when they issue approvals (s 49). Utilities and other referral entities spend time assessing referred applications (s 19, schedule 2). Ministerial or registrar decisions may require administrative action by applicants.\n\nWhat decisions are discretionary\n\n- The Minister may grant time-limited or conditional exemptions (s 7) and may make an exempt building code or determine alternative requirements for unaltered parts (ss 29A, 47).\n- The construction occupations registrar and certifiers exercise decision-making functions (appointment of government certifier—s 8; registrar statements about loose-fill asbestos—s 18A; many registrar decision roles listed in schedule 4).\n- Certifiers decide whether to issue building approvals and whether loose-fill asbestos applies and must mark approved plans accordingly (s 18A). The director-general may end an authorised person’s appointment for pool-safety functions (s 36J).\n\nCompliance burdens, timing and implementation mechanics\n\n- Administrative: standardised plan content, labelling and numbering (ss 16–18, s 7E), electronic-first submissions with limited paper-copy requirements (s 7A, s 10), attaching specified documents to notices (s 7E).\n- Time: referral recipients must provide written advice within 15 working days (s 20(2)–(3); s 36C for demolition orders). Certifiers may rely on referrals and development-approval checks before issuing approvals (s 21–22).\n- Technical dependencies: the regulation repeatedly refers to external technical codes and standards (eg AS 1100, AS 1926.1 and AS 1926.2, the National Construction Code, the tolerances guide and various Australian Standards) and requires certain certificates to be prepared by accredited assessors using prescribed tools (ss 16, 36D, 44AB, 44AC, schedule 3).\n- Enforcement: some offences are strict liability (s 34; s 49(6)). Penalties are measured in penalty units; the republication notes the current penalty-unit value.\n\nTrade-offs, incentives and implementation risks (mechanisms, not opinions)\n\n- Paperwork and time may delay work starts and increase transaction costs because of prescribed plan content, referral steps and the 15-working-day advice window (ss 11, 19–20).\n- Certifiers bear legal risk when approving plans without required consents; the regulation makes such certifier offences strict liability in particular circumstances (s 49).\n- The regulation centralises technical compliance by referencing national standards and accredited assessment tools (eg National Construction Code, NatHERS, whole-of-home calculator) and by requiring certificates from licensed assessors; that places reliance on external documents and occupational licensing for implementation (ss 43A, 44AB–44AC; s 36I).\n- Exemptions and ministerial discretion (s 7, schedule 1, part 1.3, and part 3A for pools) create case-by-case relief but also vest decision power in the Minister or registrar, which changes the universe of projects that must follow the full Act.\n- Some thresholds and tolerances (eg “substantial alteration” at >50% change—s 23; “fundamentally noncompliant” at 10× defect tolerance—schedule 3) create concrete triggers for broader compliance obligations or remediation.\n\nPractical points to watch (mechanisms that most commonly affect private behaviour)\n\n- Before starting work, check whether it is exempt under schedule 1 and whether any exception removes the exemption (s 6, sch 1).\n- Certifiers must ensure required referrals, consents and consultations are in place and must consider asbestos records and registers before issuing approvals (ss 18A, 19–22).\n- Builders and owners must meet plan content standards, stage-inspection requirements and, for many residential projects, minimum insurance and warranty timelines (ss 16–18, 33, 35A, 38–41).\n- Regulated swimming pools have explicit safety standards, exemptions, and ministerial exemption pathways; appointed authorised persons and building surveyors have competence and appointment rules (part 3A, ss 36D–36J).\n\nSections cited above: (s 6, s 7, s 7A–7E, ss 8–13, ss 14–15A, ss 16–19, ss 20–24, s 29A, s 30, ss 30A–30C, ss 31–34, s 33A, ss 35–35B, s 36, schedule 1, schedule 2, schedule 3, part 3A ss 36D–36J, ss 37–43, ss 43A, 44, 44AA–44AC, part 5A and schedule 4)."},"kimi_summary":{"_metrics":{"completionTokens":714},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2008 scope. Major additions include: Part 2A exemption assessments (2011), Part 3A regulated swimming pools (2023-2024), energy efficiency provisions (2012, 2023), loose-fill asbestos protections (2015, 2020), and demolition orders (2015). The swimming pool provisions alone added 10 new sections and substantially altered the safety framework. Energy efficiency requirements have been repeatedly expanded, most recently with whole-of-home calculator provisions. The regulation has grown from primarily administrative procedures to include substantive safety, environmental, and consumer protection mandates."},"complexity_factors":["Multiple schedules with detailed tables of exemptions (Schedule 1 has 28 items with conditions)","Extensive cross-referencing to other legislation (Building Act 2004, Planning Act 2023, Dangerous Substances Act 2004, etc.)","Numerous defined terms (100+ in dictionary, plus schedule-specific definitions)","Nested conditional logic — exemptions apply 'unless' certain conditions are met (e.g., section 6(4)-(7))","Performance-based requirements alongside prescriptive standards (e.g., 'proper and skilful work' in section 31)","Multiple amendment layers with transitional provisions and expiry dates","Technical standards incorporated by reference (AS 1100, AS 1684, AS 2870, AS 3623, AS 3700, etc.)","Strict liability offences with penalty units ($160 individual/$810 corporation)","Class-based building system (class 1, 2, 3, etc.) with different rules for each"],"plain_english_summary":"This regulation sets out the detailed rules for building work in the ACT. It covers:\n\n**What it does:**\n- **Exemptions**: Lists buildings and work that don't need full approval (Schedule 1) — things like small fences, garden sheds, retaining walls under 1.2m, and temporary structures\n- **Building approvals**: Specifies what must be included in applications — plans, costs, site details, asbestos reports for affected properties, and energy efficiency certificates\n- **Asbestos safety**: Requires special handling for bonded and friable asbestos removal, including warning notices on plans for properties with loose-fill asbestos insulation\n- **Swimming pools**: Sets safety barrier standards and exemptions for regulated pools (Part 3A)\n- **Construction standards**: Defines \"proper and skilful\" work, inspection stages, and when work is \"fundamentally noncompliant\" (major deviations from approved plans)\n- **Residential protections**: Requires insurance ($200,000 minimum), statutory warranties (6 years for structural work, 2 years for non-structural), and prohibits certain contract conditions\n- **Energy efficiency**: Prescribes how to prepare NatHERS and whole-of-home energy efficiency certificates\n\n**Who it affects:**\n- Homeowners, builders, certifiers, and building surveyors in the ACT\n- Anyone doing building work, from major construction to small alterations\n- Property owners with swimming pools or affected by loose-fill asbestos\n\n**Why it matters:**\nThe regulation translates the Building Act 2004 into practical requirements. It determines when you need approval, what documentation you must provide, how work must be done, and what protections exist for residential building work. Recent updates include swimming pool safety rules and energy efficiency requirements."}},"importantCases":[],"_links":{"self":"/api/acts/building-general-regulation-2008","history":"/api/acts/building-general-regulation-2008/history","analysis":"/api/acts/building-general-regulation-2008/analysis","conflicts":"/api/acts/building-general-regulation-2008/conflicts","importantCases":"/api/acts/building-general-regulation-2008/important-cases","documents":"/api/acts/building-general-regulation-2008/documents"}}