{"id":"building-regulations-1993","name":"BUILDING REGULATIONS 1993","slug":"building-regulations-1993","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174352,"registerId":"nt-building-regulations-1993-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2B","sectionType":"part","heading":"Independent review of significant and","content":"Part 2B Independent review of significant and\ncomplex buildings\n15AA Meaning of significant and complex building ................................. 14\n15AB Meaning of significant and complex building work ......................... 14\n15AC Meaning of independent review engineer ...................................... 15\n15A Inspection stages for notification during building work................... 15\n16 Drainage works to be notified ........................................................ 16\n17 Limitation of time for reporting authorities in relation to\noccupancy certification .................................................................. 16\n18AA Statement about disability access matters..................................... 16\n18AB Limitation of time for building certifier to determine application\nor make recommendation .............................................................. 17\n18AC Limitation of time for Director to determine application for\ncertificate of existence ................................................................... 17\n18AD Change of use ............................................................................... 17\n18AE Consolidation of occupancy certification ........................................ 18\n18A Documents relating to occupancy permits to be provided to\nDirector .......................................................................................... 19\n18B Documents to accompany application for occupancy permit ......... 19\n18C Information to be included in occupancy permit............................. 20\n19 Classification of buildings .............................................................. 21\n19A Documents relating to certificates of substantial compliance to\nbe provided to Director .................................................................. 21\n19B Documents to accompany application ........................................... 21\n19C Information to be included in certificate of substantial\ncompliance .................................................................................... 21\n\nBuilding Regulations 1993 iii\n19D Classification of buildings .............................................................. 22\n19E Criteria to be complied with ........................................................... 22\n19F Documents to accompany application ........................................... 22\n20 Information to be included in certificate of existence ..................... 23\nPart 3A Declarations relating to particular building\nwork\n20A Application of Part ......................................................................... 23\n20B Declaration for building work requiring occupancy certification ..... 23\n20C Declaration for certain building work not requiring occupancy\ncertification .................................................................................... 24\n20D Requirements for declaration under regulation 20C ...................... 25\n20E Declaration by corporation after prescribed event ......................... 25\n20F Building certifier to give copy of declaration to Director ................. 27\nPart 4 Reliance on certificates\n21 Certificates by particular building practitioners .............................. 27\n22 Protection of adjoining property ..................................................... 27\nPart 6 Enforcement of building standards\n24 Management and fire evacuation training ...................................... 28\n25 Notification, cancellation or amendment of building order ............. 28\nPart 7 Appeals Board – appeals, referrals and\napplications\n26 Form and lodgment of referral or application ................................. 28\n26A Service of appeal, referral or application ....................................... 28\n26B Leave of Local Court for enforcement of determination ................. 28\nPart 8 General enforcement provision\n28 Additional orders that may be made by the Court.......................... 29\n29 Notice of authorisation ................................................................... 29\n30 Interpretation ................................................................................. 29\n31 Application ..................................................................................... 29\n32 Minimum distances for Class 1 or Class 10 buildings.................... 29\n33 Exceptions ..................................................................................... 30\n\nBuilding Regulations 1993 iv\n35 More than one Class 1 building on one allotment .......................... 30\n36 Plot ratio of Class 1 buildings ........................................................ 30\nPart 9A Relocation of approved Class 1a Buildings\nto approved rural land\n36A Definitions ...................................................................................... 31\n36B Application of Part ......................................................................... 31\n36C Approved Class 1a Building........................................................... 32\n36D Footings and fixture work............................................................... 33\n36E Plumbing connection work ............................................................. 33\n36G Occupancy permit and structural report ......................................... 33\n39A Sub-categories of building practitioner .......................................... 34\n39B Prescribed net financial assets for building contractor................... 35\n39C Net assets certificate ..................................................................... 35\n40 Condition for registration: professional indemnity insurance.......... 36\n40A Variation or revocation of conditions imposed on registration ....... 37\n40B Last day for application for renewal of registration ........................ 37\n41A Building work ................................................................................. 37\n41B Building contractor residential (restricted)...................................... 38\n41C Building contractor residential (unrestricted).................................. 39\n41CA Building contractor commercial (restricted).................................... 39\n41CB Building contractor commercial (unrestricted)................................ 40\n41D Supervision by building contractor ................................................. 40\n41E Minimum value of building work..................................................... 40\n41F Building contractors ....................................................................... 40\n41G Building work ................................................................................. 40\n41H Residential building contracts ........................................................ 42\n41HA Standard progress payments......................................................... 42\n41HB Progress payment agreement ....................................................... 45\n41HC Dispute resolution .......................................................................... 45\n","sortOrder":0},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Offences relating to residential building","content":"Division 2A Offences relating to residential building\ncontracts\n41HD Unlawful contract ........................................................................... 46\n41HE Deposit and progress payments .................................................... 46\n41HF Invoice for progress payment to include declaration...................... 47\n\nBuilding Regulations 1993 v\n41J Minimum value of building work..................................................... 47\n41K Building contractors ....................................................................... 47\n41L Building work ................................................................................. 47\n41N Building work ................................................................................. 48\n41P Minimum value of building work..................................................... 49\n41Q Exemption for certain building contractors ..................................... 49\n41R Period required to elapse .............................................................. 49\nPart 12 Miscellaneous\n42 Offences ........................................................................................ 50\n43 Transitional matters for commencement of Building Act 1993 ....... 50\nPart 13 Matters for commencement of Building\nAmendment Act 2004\n44 Definitions ...................................................................................... 50\n45 Inspection stages........................................................................... 51\n46 Exemption of work from sections 63 and 70 .................................. 51\n47 Exemption of occupancy permit for building from section 72 ......... 51\nPart 14 Transitional matters for Parts 4A and 4B of\nAct\n48 Registration of building contractors ............................................... 51\n49 Building permits granted before commencement of Parts 4A\nand 4B of the Act ........................................................................... 51\nPart 15 Transitional matters for inspection stages\nof residential building work\n50 Inspection stages for pre-July 2006 residential building work ........ 52\nPart 16 Transitional matters for Building\nLegislation Amendment Act 2010\n51 Definitions ...................................................................................... 52\n\nBuilding Regulations 1993 vi\n","sortOrder":1},{"sectionNumber":"52","sectionType":"section","heading":"Declaration made by corporation after commencement day for","content":"52 Declaration made by corporation after commencement day for\nbuilding work completed before commencement day .................... 52\n","sortOrder":2},{"sectionNumber":"Part 17","sectionType":"part","heading":"Transitional Matters for Building","content":"Part 17 Transitional Matters for Building\nAmendment (National Construction Code\nSeries) Regulations 2012\n53 Transitional matters for plumbing and drainage work .................... 53\n","sortOrder":3},{"sectionNumber":"Part 18","sectionType":"part","heading":"Transitional matters for Building","content":"Part 18 Transitional matters for Building\nAmendment (Financial Assets and\nResidential Building Contracts)\nRegulations 2012\n54 Requirement to continue to hold determined net financial\nassets ............................................................................................ 54\nPart 19 Transitional matters for Building\nAmendment Regulations 2015\n55 Report or consent of Work Health Authority not required .............. 55\nPart 20 Transitional matters for Building\nAmendment (Wastewater Management\nSystems)\n56 Transitional matters for wastewater management systems ........... 55\n","sortOrder":4},{"sectionNumber":"Part 21","sectionType":"part","heading":"Transitional matter for Building Legislation","content":"Part 21 Transitional matter for Building Legislation\nAmendment (Consumer Protection)\nRegulations 2026\n57 Minimum value of building work..................................................... 56\n\n____________________\nAs in force at 30 March 2026\n____________________\nBUILDING REGULATIONS 1993\nRegulations under the Building Act 1993\n","sortOrder":5},{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"1 Citation\nThese regulations may be cited as the Building Regulations 1993.\n","sortOrder":6},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"2 Interpretation\n(1) In these regulations:\naffected part, for Part 2, Division 2, see regulation 5A.\napproved Class 1a Building, see regulation 36C(1).\napproved rural land, see regulation 36A.\nBuilding Code means the Building Code of Australia set out in\nVolume One and Volume Two of the National Construction Code.\nbuilding contractor commercial (restricted) means a building\ncommercial (restricted).\nbuilding contractor commercial (unrestricted) means a building\ncommercial (unrestricted).\nbuilding contractor residential (restricted) means a building\nresidential (restricted).\nbuilding contractor residential (unrestricted) means a building\nresidential (unrestricted).\n\nBuilding Regulations 1993 2\nClass 2 building, for regulation 15A and Part 11A, includes:\n(a) a building consisting only of one or more storeys that may be\nclassified under the Building Code as a Class 2 building\nbecause of A6G1, Exemption (1), of the Code; and\n(b) a building consisting only of:\n(i) one or more storeys that are Class 2 buildings; and\n(ii) one or more storeys that are Class 7a buildings for the\nsole use of the residents of, and visitors to, the Class 2\nbuildings.\nCode of Practice for Wastewater Management means the Code\nof Practice for Wastewater Management published by the\nDepartment of Health, as in force from time to time.\ncompleted building work, for Part 3A, means the building work\nspecified in regulation 20A(1) and completed as specified in\nregulation 20A(2).\ndrawings, of a building, include a site plan and floor plan of, and\nelevations for, the building.\nelectrical installation connection work, for Part 9A, see\nregulation 36A.\nexisting, for Part 2, Division 2, see regulation 5A.\nindependent review engineer, see regulation 15AC.\nNational Construction Code means the National Construction\nCode, published by the Australian Building Codes Board, as in\nforce from time to time.\nnet assets, see regulation 39B(1).\nnet assets certificate, see regulation 39C(1).\nnew part, for Part 2, Division 2, see regulation 5A.\noriginal building status, of an approved Class 1a Building, see\nregulation 36C(1)(e).\noriginal site, of an approved Class 1a Building, see regulation 36A.\nperformance solution:\n(a) for regulation 4A – see regulation 4A(2); or\n\nBuilding Regulations 1993 3\n(b) otherwise – has the same meaning as in the National\nConstruction Code.\npergola does not include a building that has a roof or sides that are\nimpermeable to the wind.\nplanning scheme, see section 3(1) of the Planning Act 1999.\nPlumbing Code means the Plumbing Code of Australia set out in\nVolume Three of the National Construction Code.\npost-relocation building work, for an approved Class 1a Building,\nsee regulation 36A.\nprescribed building contractor, for Part 11A, Divisions 2 and 2A,\nmeans a building contractor prescribed by regulation 41F.\nprescribed building work, for Part 11A, Divisions 2 and 2A,\nmeans work prescribed by regulation 41G.\nprescribed fee means a fee prescribed under regulation 2A.\nprogress payment agreement, for Part 11A, Division 2, means an\nagreement under a residential building contract mentioned in\nregulation 41HB(1).\nrelevant building law, in relation to a building, means the law\n(including codes and standards under the law) in force in the\nTerritory that, at the time of the erection of the building, regulated\nthe building work carried out for the erection.\nsignificant and complex building, see regulation 15AA.\nsignificant and complex building work, see regulation 15AB.\nstandard progress payments, for Part 11A, Division 2, means the\nstandard progress payments under a residential building contract\nmentioned in regulation 41HA(1).\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to these Regulations.\n(2) For these Regulations the erection of a building that has been\nremoved and transported from another site or another location on\nthe same site is taken to be the erection of a building.\n(2A) However, subregulation (2) does not apply to the erection of an\napproved Class 1a Building on approved rural land.\n\nBuilding Regulations 1993 4\n(3) A reference in these Regulations to a building as a building of a\nparticular Class is a reference to a building of that Class as\nspecified under the classification in Part A6 of the Building Code.\n(4) In reckoning time for these Regulations public holidays, Saturdays\nand Sundays are excluded.\n2A Prescribed fees\nSchedule 1 prescribes the fees payable for the matters it specifies.\n3 Exemptions from Regulations and sections 55 and 65 of the\nAct\n(1) These regulations do not apply to:\n(a) temporary offices and sheds used by builders on or about the\nsite of any building on which building work is being carried out\nor used by contractors in carrying out works for any public\nauthority on or about the site of the work and used exclusively\nfor the purposes of that building or work; or\n(b) any building classified as a Class 10 Building to which\nelectrical, plumbing or drainage services are not provided and\nthat is:\n(i) situated not less than 40 m from any boundary of the\nallotment on which it stands or is to be constructed, has\nan aggregate roof area not exceeding 12 m2 and is not\nmore than 2100 mm in height above the mean natural\nground level of its site; or\n(ii) situated not less than 70 m from any boundary of the\nallotment on which it stands or is to be constructed, has\nan aggregate roof area not exceeding 30 m2 and is not\nmore than 2400 mm in height above the mean natural\nground level of its site; or\n(c) a fence that offers minimal resistance to wind loading such as\na chain mesh or a similar kind of fence and in any event a\nfence that does not exceed a height of 1m; or\n(d) a pergola that has an area not exceeding 30 m² and that is not\nless than 50 mm from a building to which these Regulations\napply and that is not attached or connected in any way to any\n(e) minor plumbing maintenance work such as the replacement of\na component by a similar component but not including\ndrainage work.\n\nBuilding Regulations 1993 5\n(2) Sections 55 and 65 of the Act do not apply to or in relation to:\n(a) any building classified as a Class 10 Building that is of a type\napproved by the Director and is constructed in accordance\nwith that approval;\n(b) plumbing or drainage work that is not done in connection with\nor incidentally to other building work if:\n(i) notice of the work undertaken is given to the Director not\nlater than 7 days after the work is carried out; and\n(ii) the notice is accompanied by a certificate in the\napproved form of the relevant building practitioner that\nthe work conforms to the relevant code or standard.\n","sortOrder":7},{"sectionNumber":"3B","sectionType":"section","heading":"Exemption from section 62 of the Act","content":"3B Exemption from section 62 of the Act\nSection 62 of the Act does not apply to a public authority.\n","sortOrder":8},{"sectionNumber":"4","sectionType":"section","heading":"Building Code and other codes adopted","content":"4 Building Code and other codes adopted\n(1) Subject to these Regulations, the following apply to any building\nthat can be classified according to use under Part A6 of the Building\nCode and to any building work referred to in the Act or in the\nBuilding Code:\n(a) the Building Code;\n(b) the Plumbing Code;\n(c) the Code of Practice for Wastewater Management.\n(1A) If there is any inconsistency between the Code of Practice for\nWastewater Management and the Plumbing Code, the Code of\nPractice for Wastewater Management prevails to the extent of the\ninconsistency.\n","sortOrder":9},{"sectionNumber":"4A","sectionType":"section","heading":"Performance solution for plumbing and drainage work","content":"4A Performance solution for plumbing and drainage work\n(1) Only a certifying engineer (hydraulic) may:\n(a) design a performance solution for plumbing and drainage\nwork; and\n\nBuilding Regulations 1993 6\n(b) certify plumbing and drainage work carried out under a\nperformance solution.\n(2) In this regulation:\nperformance solution has the same meaning as in the National\nConstruction Code.\nplumbing and drainage work means work for, or in connection\nwith, the plumbing and drainage services mentioned in\nparagraph (b) of the definition of building work in section 4 of\nthe Act.\n","sortOrder":10},{"sectionNumber":"5","sectionType":"section","heading":"Accrediting persons or bodies","content":"5 Accrediting persons or bodies\n(1) The following persons or bodies are prescribed as accrediting\npersons or bodies for the purposes of section 53 of the Act:\n(a) the Australian Building Codes Board;\n(aa) a person or body duly authorised under the CodeMark\nscheme administered by the Australian Building Codes Board;\n(b) the Building Advisory Committee established under section 9\nof the Act;\n(c) the Standards Association of Australia;\n(d) the Power and Water Corporation established by the Power\nand Water Corporation Act 1987.\n(2) A person or body referred to in subregulation (1) may issue\ncertificates of accreditation in relation to building products,\nconstruction methods, designs, components and systems\naccredited by the person or body.\n(3) A certificate of accreditation issued under subregulation (2) shall be\nin the form approved by the Director.\n","sortOrder":11},{"sectionNumber":"5A","sectionType":"section","heading":"Definitions","content":"5A Definitions\nIn this Division:\naffected part, in relation to an existing building that is to contain a\nnew part, means:\n(a) the principal pedestrian entrance of the building; and\n\nBuilding Regulations 1993 7\n(b) any part of the building that is necessary to provide a\ncontinuous accessible path of travel from that entrance to the\nproposed new part.\nexisting, in relation to a building, passenger lift, accessible sanitary\ncompartment or sanitary compartment suitable for use by people\nwith a disability, means existing as of 1 May 2011.\nnew part, in relation to an existing building, means a part of the\nbuilding:\n(a) that is to be extended or modified; and\n(b) for which an application for a building permit for the building\nwork for the construction mentioned in paragraph (a) was\nmade on or after 1 May 2011.\n","sortOrder":12},{"sectionNumber":"5B","sectionType":"section","heading":"Disability access provisions","content":"5B Disability access provisions\nFor section 129B(1)(b) of the Act, the following provisions of the\nBuilding Code, as adopted by regulation 4(1), are prescribed for\n","sortOrder":13},{"sectionNumber":"Part 10A","sectionType":"part","heading":"of the Act:","content":"Part 10A of the Act:\n(a) Section D (Access and Egress);\n(b) Part E3 (Lift Installations);\n(c) Part F4 (Sanitary and Other Facilities).\n","sortOrder":14},{"sectionNumber":"5C","sectionType":"section","heading":"Application of disability access provisions","content":"5C Application of disability access provisions\n(1) A disability access provision applies in relation to a building, or land\non which a building is to be constructed, subject to this regulation\nand the concessions and exemption specified in this Division.\n(2) Despite anything to the contrary in the Building Code, a disability\naccess provision does not apply to:\n(a) a new part of a Class 1b building if:\n(i) the building has fewer than 4 bedrooms that are used for\nrental accommodation; and\n(ii) the building was constructed before 1 May 2011 or an\napplication for a building permit for the construction of\nthe building was made before that date; or\n(b) a new part of a Class 2 building if the building was constructed\nbefore 1 May 2011 or an application for a building permit for\nthe construction of the building was made before that date; or\n\nBuilding Regulations 1993 8\n(c) the internal parts of a sole-occupancy unit in a Class 2\n(d) a Class 4 building; or\n(e) a Class 10 building or a new part of a Class 10 building or an\naffected part of a Class 10 building that is associated with:\n(i) a Class 1a building; or\n(ii) a Class 4 part of a building.\n(3) Subject to subregulation (4), if an existing building is to contain a\nnew part that is required to comply with a disability access\nprovision, any affected part of the building is also required to be\nbrought into compliance with the disability access provision.\n(4) Despite anything to the contrary in these Regulations, a disability\naccess provision does not apply to an affected part of a building if:\n(a) parts of the building are leased to different persons; and\n(b) one of the persons is responsible for building work to be\ncarried out in relation to the new part of the building; and\n(c) the new part is leased to that person.\n","sortOrder":15},{"sectionNumber":"5D","sectionType":"section","heading":"Passenger lift concession","content":"5D Passenger lift concession\n(1) This regulation applies in relation to the deemed-to-satisfy provision\nin clause E3D8(b) of the Building Code requiring a passenger lift\nthat travels more than 12 m to have a lift floor dimension of not less\nthan 1 400 mm x 1 600 mm.\n(2) The deemed-to-satisfy provision does not apply to an existing\npassenger lift that:\n(a) is located in a new part or an affected part of an existing\nbuilding; and\n(b) has a lift floor dimension of no less than\n1 100 mm x 1 400 mm.\n","sortOrder":16},{"sectionNumber":"5E","sectionType":"section","heading":"Toilet concession","content":"5E Toilet concession\n(1) This regulation applies in relation to the requirements in\nclause F4D5(c) and (e) of the Building Code, to the extent that they\nrequire compliance with AS1428.1 Design for access and mobility\n","sortOrder":17},{"sectionNumber":"Part 1","sectionType":"part","heading":"General requirements for access – New building work.","content":"Part 1: General requirements for access – New building work.\n\nBuilding Regulations 1993 9\n(2) The requirements do not apply to an existing accessible sanitary\ncompartment, or an existing sanitary compartment suitable for use\nby people with a disability, that:\n(a) is located in a new part or an affected part of a building; and\n(b) complies with AS1428.1 Design for access and mobility\nPart 1: General requirements for access – New building work.\nAS, followed by a designation, means the Australian Standard\nhaving that designation.\nAustralian Standard means a standard published by Standards\nAustralia Limited ABN 85 087 326 690, as in force from time to\ntime.\n","sortOrder":18},{"sectionNumber":"5F","sectionType":"section","heading":"Exemption by Human Rights Commission","content":"5F Exemption by Human Rights Commission\n(1) If a person has been granted a public transport building exemption\nby the Australian Human Rights Commission under Part 5 of the\nCommonwealth Disability Access Standards, the exemption applies\nregardless of anything to the contrary in these Regulations.\nCommonwealth Disability Access Standards means the\nDisability (Access to Premises – Buildings) Standards 2010 (Cth).\npublic transport building exemption means an exemption from\nall or part of Part H2 of the Schedule to the Commonwealth\nDisability Access Standards.\n","sortOrder":19},{"sectionNumber":"6","sectionType":"section","heading":"Application for building permit","content":"6 Application for building permit\nAn application for a building permit must be accompanied by:\n(a) drawings showing the plan and proposed usage at each floor\nlevel, elevations, sections and dimensions of the building, the\nsizes and locations of structural members to a scale of not\nless than 1:100; and\n(b) drawings containing sufficient detail and at a scale appropriate\nto the work carried out or to be carried out to show the\nplumbing and drainage work to be carried out; and\n\nBuilding Regulations 1993 10\n(c) drawings to a scale of not less than 1:500 showing:\n(i) the boundaries and dimensions of the allotment, relevant\neasements and adjacent streets; and\n(ii) the position and dimension of the building and the\nrelationship of the building to the boundaries of the\nallotment, existing buildings on the allotment and\nadjoining allotments together with details of the purposes\nfor which the buildings are to be used; and\n(iii) the levels of the site and of the floors of the building in\nrelation to an adjoining street channel, if any; and\n(d) in relation to an alteration or modification of a building – a\nstatement that describes the purposes for which the building\nhas been used and is to be used.\n","sortOrder":20},{"sectionNumber":"7","sectionType":"section","heading":"Time for the supply of additional information","content":"7 Time for the supply of additional information\nThe time within which additional information is required to be\nsupplied by an applicant for a building permit is the time specified\nby the building certifier or 40 days, whichever is the greater.\n","sortOrder":21},{"sectionNumber":"8","sectionType":"section","heading":"Reporting authority","content":"8 Reporting authority\n(1) A person or body specified in Schedule 2, column 1:\n(a) is a reporting authority in relation to the class of buildings or\nbuilding work specified opposite the person or body in\nSchedule 2, column 2; and\n(b) is to report about the matters specified opposite the class of\nbuilding or building work in Schedule 2, column 3, that are\nrelevant to the buildings or building work the subject of a\nrequest for a report or consent.\n(2) If a report is required from a reporting authority, the building certifier\nmust supply the reporting authority with sufficient detailed drawings\nand other information to enable the reporting authority to properly\nconsider the matter.\n(3) Subregulation (1) does not affect any consent or approval required\nto be given in relation to a building or building work under any other\nAct.\n\nBuilding Regulations 1993 11\n","sortOrder":22},{"sectionNumber":"9","sectionType":"section","heading":"Limitation of time for reporting authority","content":"9 Limitation of time for reporting authority\nA reporting authority is taken to have supplied a report in relation to\nan application for a building permit if the report is not supplied\nwithin 10 days of the receipt of the request for the report by the\nreporting authority.\n","sortOrder":23},{"sectionNumber":"10","sectionType":"section","heading":"Limitation of time for building certifier to decide application for","content":"10 Limitation of time for building certifier to decide application for\nbuilding permit\nThe time within which a building certifier must decide an application\nfor a building permit is:\n(a) if additional information is not required by the building certifier\nunder section 58 of the Act – 20 days from the day that a\ncompleted application is made to the building certifier; or\n(b) if additional information is required by the building certifier\nunder section 58 of the Act – 20 days from the day that all the\nadditional information required by the building certifier is\nsupplied to the building certifier.\n","sortOrder":24},{"sectionNumber":"11","sectionType":"section","heading":"Prescribed approvals, consents and conditions","content":"11 Prescribed approvals, consents and conditions\n(1) The following consents and approvals are prescribed for\nsection 59(1)(b) of the Act:\n(a) if the proposed building is to be constructed on Crown land or\nthe building work is proposed to be carried out on Crown\nland – the approval of the person or body administering the\nland;\n(b) the approval of any person or body having a right under law to\nan easement over the land on which or adjacent to which the\nbuilding is to be constructed or building work is to be carried\nout;\n(c) if the building work is to be carried out in relation to a heritage\nplace or object under the Heritage Act 2011 – the Minister\nresponsible for the administration of that Act.\n(2) The following conditions are prescribed for section 59(1)(c) of\nthe Act:\n(a) any condition imposed on a permit in force under the\nPlanning Act 1999;\n(b) any condition imposed by a covenant or encumbrance on the\ntitle of the land on which the building work is to be carried out.\n\nBuilding Regulations 1993 12\n","sortOrder":25},{"sectionNumber":"12","sectionType":"section","heading":"Historic buildings","content":"12 Historic buildings\nThe person specified as the person for the purpose of section 60 of\nthe Act in relation to historic buildings is the Minister responsible for\nthe administration of the Heritage Act 2011.\n","sortOrder":26},{"sectionNumber":"12A","sectionType":"section","heading":"Statement about disability access matters","content":"12A Statement about disability access matters\n(1) This regulation applies if a building permit relates to building work:\n(a) involving a performance solution for a disability access\nprovision; or\n(b) in relation to which the Appeals Board has made a disability\naccess decision.\n(2) The building permit must include a statement about the\nperformance solution or making of the decision.\nNote for regulation 12A(2)\nSee also regulation 14(1)(h) in relation to the disability access decision.\n","sortOrder":27},{"sectionNumber":"13","sectionType":"section","heading":"Duration of building permit","content":"13 Duration of building permit\n(1) A building permit is valid for a period of 2 years commencing from\nthe date on which it is granted.\n(2) The time referred to in subregulation (1) may be extended if an\napplication for that purpose is made to the building certifier before\nthe expiration of the time for which the building permit is valid.\n(3) Any extension of time granted under subregulation (2) must be\nnotified to the Director and the notification must include the reasons\nfor which the extension is granted.\n(4) If a building permit lapses solely because of a prescribed event,\nand the person granted the permit makes an application under\nsection 73C of the Act, the time referred to in subregulation (1) is\ntaken to have been extended for a period decided by the Director\nand notified to the applicant during consideration of the application.\n","sortOrder":28},{"sectionNumber":"14","sectionType":"section","heading":"Documents relating to building permits to be provided to the","content":"14 Documents relating to building permits to be provided to the\n(1) For section 42(1)(c)(ii) of the Act, the building certifier must give\ncopies of the following documents to the Director on the grant of a\nbuilding permit:\n(a) the application;\n\nBuilding Regulations 1993 13\n(b) any drawings of the building work to be carried out that form\npart of the permit;\n(c) a schedule of the inspections of the work that the certifier\nproposes to carry out under section 63 of the Act, including at\nthe inspection stages prescribed by regulation 15A;\n(d) any certificates mentioned in section 40 of the Act on which\nthe building certifier has relied in granting the permit;\n(e) if there is a residential building contract for the building work to\nbe carried out under the building permit:\n(i) a document providing evidence of the contract; and\n(ii) the RBI policy document or fidelity certificate in force for\nthe building work;\n(f) any relevant planning or other prescribed consents, reports\nand approvals mentioned in section 59(1)(b) of the Act;\n(g) any other certificates, consents, reports, approvals or\ndocuments relied on by the building certifier in granting the\npermit;\n(h) if the building work is to be carried out by an owner-builder –\nthe owner-builder certificate in force for the work;\n(j) if the Appeals Board has made a disability access decision in\nrelation to the work – that decision.\n(2) If a building certifier grants a building permit under section 58A of\nthe Act, the building certifier must provide copies of the following to\nthe owner or the owner's agent:\n(a) the application;\n(b) any drawings of the building work to be carried out that form\npart of the permit;\n(c) any certificates mentioned in section 40 of the Act on which\nthe building certifier has relied in granting the permit;\n(d) the building permit.\n\nPart 2B Independent review of significant and complex buildings\nBuilding Regulations 1993 14\nPart 2AB Access to documents held by Director\n","sortOrder":29},{"sectionNumber":"15","sectionType":"section","heading":"Access to documents held by Director","content":"15 Access to documents held by Director\n(1) The owner, or the agent of the owner, of a building in relation to\nwhich a building permit or occupancy certification has been granted\nmay do any of the following:\n(a) request access, in physical or digital form, to any documents\nrelating to the building that are maintained by the Director;\n(b) request a copy of any documents relating to the building that\nare maintained by the Director;\n(c) request the Director to certify a copy of any documents\nrelating to the building that are maintained by the Director.\n(2) The Director must grant a request under subregulation (1) if the\nowner or agent has paid the prescribed fee relating to the request.\nPart 2B Independent review of significant and complex\nbuildings\n15AA Meaning of significant and complex building\n(1) A significant and complex building is a building with a building\ncomplexity level of medium, high or very high under the building\ncomplexity criteria defined in the National Construction Code.\n(3) In addition to subregulation (1), the Minister may, by Gazette notice,\ndetermine a type of building to be a significant and complex\n15AB Meaning of significant and complex building work\n(1) Significant and complex building work means building work:\n(a) for the construction of a significant and complex building; or\n(b) that involves altering a building so as to make it a significant\nand complex building; or\n(c) that involves altering or removing a primary or critical\nstructural element of a significant and complex building; or\n(d) determined to be significant and complex building work under\nsubregulation (2).\n\nBuilding Regulations 1993 15\n(2) The Minister may, by Gazette notice, determine that a type of\nbuilding work is significant and complex building work.\n15AC Meaning of independent review engineer\nAn independent review engineer is an individual:\n(a) who is a building practitioner registered as a Certifying\nEngineer (Structural); and\n(b) with a minimum of 10 years' experience as a Certifying\nEngineer (Structural) or 10 years' equivalent experience\napproved by the Practitioners Board; and\n(c) with the status of Chartered Professional Engineer recognised\nby Engineers Australia or an equivalent professional\nassociation.\n","sortOrder":30},{"sectionNumber":"15A","sectionType":"section","heading":"Inspection stages for notification during building work","content":"15A Inspection stages for notification during building work\n(1) For section 62(2) of the Act, the inspection stages for residential\nbuilding work are those stages named and described in the table\nbelow that are relevant to the work.\nInspection Stage Description\n1. pre-pour before pouring the footings, ground floor slab\nor other in situ concrete building element\n2. frame before covering the framework for floors,\nwalls, roof or other building element\n3. block wall before pouring any reinforced masonry or\nblock walls\n4. fire separation before covering walls, floors or ceilings, for\nthe purpose of checking that fire resistance\nlevels comply with the Building Code (see\nnote)\n5. wet area before covering waterproofing in wet areas\n\nBuilding Regulations 1993 16\nInspection Stage Description\n6. Final After completing the building work but before\nissuing occupancy certification in relation to\nthe work\nNote for table\nA fire separation inspection may form part of an inspection of the building work\ncarried out at one or more of the other inspection stages.\n(2) For subregulation (1), residential building work is work for or in\nconnection with the construction of any of the following:\n(a) a Class 1a building;\n(b) a Class 2 building;\n(c) a Class 10 building.\n","sortOrder":31},{"sectionNumber":"16","sectionType":"section","heading":"Drainage works to be notified","content":"16 Drainage works to be notified\nThe plumber or drainer carrying out drainage works must:\n(a) notify the Director of the completion of drainage work prior to\ncovering up those works; and\n(b) stop carrying out those works if directed to do so by the\nDirector.\n","sortOrder":32},{"sectionNumber":"17","sectionType":"section","heading":"Limitation of time for reporting authorities in relation to","content":"17 Limitation of time for reporting authorities in relation to\noccupancy certification\nFor Schedule 3, clause 7 of the Act, a reporting authority is taken to\nhave supplied a report in relation to an application for occupancy\ncertification if the report is not supplied within 10 days of the date of\nthe receipt of the request for the report by the reporting authority.\n18AA Statement about disability access matters\n(1) This regulation applies if occupancy certification relates to building\nwork:\n(a) involving a performance solution for a disability access\nprovision; or\n\nBuilding Regulations 1993 17\n(b) in relation to which the Appeals Board has made a disability\naccess decision.\n(2) The occupancy certification must include a statement about the\nperformance solution or making of the disability access decision.\nNote for regulation 18AA(2)\nSee also regulations 18A(e) and 19F(1)(d) in relation to disability access\ndecisions.\n18AB Limitation of time for building certifier to determine application\nor make recommendation\n(1) For Schedule 3, clause 9(1) of the Act, the time within which a\nbuilding certifier must determine an application for occupancy\ncertification (other than a certificate of existence) is 20 days from\nthe day on which the completed application is made to the certifier.\n(2) For Schedule 3, clause 9(3) of the Act, the time within which a\nbuilding certifier must make a recommendation under section 72E\nof the Act in relation to a certificate of existence is 25 days from the\nday on which the completed application for the certificate of\nexistence is made to the certifier.\n18AC Limitation of time for Director to determine application for\ncertificate of existence\nFor Schedule 3, clause 9(4) of the Act, the time within which the\nDirector must determine whether to grant a certificate of existence\nis a reasonable period of time from the day on which the\nrecommendation in relation to the certificate is lodged with the\nDirector.\n18AD Change of use\n(1) This regulation applies to any building, whether constructed before\nor after the commencement of these Regulations.\n(2) The use of a building must not be changed to another use unless\nthe change has been approved by a building certifier.\n(3) The owner of a building or the owner's agent must apply in writing\nto a building certifier to change the use of the building to another\nproposed use specified in the application.\n\nBuilding Regulations 1993 18\n(4) The building certifier must not approve the change of use of the\nbuilding to the proposed use unless:\n(a) the building certifier is satisfied that the building is suitable for\nthe proposed use, having regard to any requirements in the\nNational Construction Code relating to the following:\n(i) the structural adequacy of the building and the ability of\nthe building to withstand any actions likely to arise from\nthe proposed use;\n(ii) health, amenity and accessibility;\n(iii) fire safety, including any requirements relating to means\nof egress and the prevention, suppression or\ncontainment of fire.\n(b) all relevant planning or other consents, reports or approvals (if\nany) required under the Act and these Regulations have been\nobtained or supplied; and\n(c) all planning or other conditions, if any, have been complied\nwith; and\n(d) an occupancy permit or certificate of substantial compliance\ncan be issued in relation to the building following the change\nof use.\n(5) Upon approving the change of use, the building certifier must:\n(a) revoke the existing occupancy certification granted in relation\nto the building; and\n(b) prepare a new occupancy permit or certificate of substantial\ncompliance in accordance with the Act and these Regulations\nin relation to the building; and\n(c) grant the original of the occupancy permit or certificate of\nsubstantial compliance to the person who applied for the\nchange of use; and\n(d) forward a copy of the occupancy permit or certificate of\nsubstantial compliance to the Director.\n18AE Consolidation of occupancy certification\n(1) This regulation applies if:\n(a) more than one occupancy certification has been granted in\nrelation to a building (the initial certifications); and\n\nBuilding Regulations 1993 19\n(b) the initial certifications are all the same type of occupancy\ncertification.\n(2) A building certifier:\n(a) may grant a consolidated occupancy certification of the same\ntype as the initial certifications for the whole building; and\n(b) if the certifier does so – must revoke the initial certifications.\n","sortOrder":33},{"sectionNumber":"18A","sectionType":"section","heading":"Documents relating to occupancy permits to be provided to","content":"18A Documents relating to occupancy permits to be provided to\nFor section 42(1)(c)(ii) of the Act, a building certifier must give\ncopies of the following documents to the Director on the grant of an\noccupancy permit:\n(b) the documents required to accompany the application for the\npermit under the Act or regulation 18B;\n(c) evidence of compliance with any relevant planning or other\nconsents and approvals mentioned in regulation 18B(1)(f);\n(d) any other approvals, reports or other documents relied on by\nthe building certifier in granting the permit that the certifier has\nnot already provided under regulation 14(1);\n(e) if the Appeals Board has made a disability access decision in\nrelation to the building work – that decision, unless the\ndecision was already provided under regulation 14(1)(j).\n","sortOrder":34},{"sectionNumber":"18B","sectionType":"section","heading":"Documents to accompany application for occupancy permit","content":"18B Documents to accompany application for occupancy permit\n(1) For Schedule 3, clause 3 of the Act, the following documents are\nprescribed for an application for an occupancy permit in relation to\nbuilding work:\n(a) the builder's declaration in relation to the building work;\n(b) the certificates or other documents that relate to the\nmanufacture and assembly off-site, or installation on-site, of\nany components of the building work by a person other than\nthe person required to make the builder's declaration for the\nwork that a building certifier would reasonably require in order\nto issue the occupancy permit;\n(c) a copy of each certificate relied on by the building certifier in\naccordance with section 40;\n\nBuilding Regulations 1993 20\n(d) a copy of each inspection certificate issued following\ninspections of the building work conducted under section 63(1)\nof the Act;\n(e) if electrical work requiring a certificate of compliance under\nsection 41 of the Electrical Safety Act 2022 was carried out in\nconjunction with the building work – a copy of the certificate;\n(f) a copy of each relevant planning or other prescribed consent,\nreport or approval, if any.\nExamples of certificates for subregulation (1)(b)\n1 A manufacturer's certificate for roof trusses.\n2 A wet areas certificate.\n3 A glazing certificate.\n(2) For subregulation (1)(b), components of building work include the\nfollowing:\n(a) termite management systems;\n(b) prefabricated roof trusses;\n(c) wet area sealing products;\n(d) prefabricated window and door frames;\n(e) glazing;\n(f) fire safety products or installations, including fire doors, smoke\nalarms, sprinklers and sprinkler systems, fire hose reels and\nsealing of penetrations.\n","sortOrder":35},{"sectionNumber":"18C","sectionType":"section","heading":"Information to be included in occupancy permit","content":"18C Information to be included in occupancy permit\nFor section 76B of the Act, an occupancy permit must specify the\nfollowing:\n(b) if the building work to which the permit relates was building\nwork to which Part 4A of the Act applied – that the building\nwork was carried out by a building contractor and the name of\nthe building contractor;\n(c) if the building work to which the permit relates was building\nwork to which Part 4B of the Act applied – that the building\nwork was carried out by an owner-builder and the name of the\nowner-builder.\n\nBuilding Regulations 1993 21\n","sortOrder":36},{"sectionNumber":"19","sectionType":"section","heading":"Classification of buildings","content":"19 Classification of buildings\nFor section 72B(1)(a) of the Act, all classes of buildings are\nprescribed.\n","sortOrder":37},{"sectionNumber":"19A","sectionType":"section","heading":"Documents relating to certificates of substantial compliance to","content":"19A Documents relating to certificates of substantial compliance to\nbe provided to Director\n(1) For section 42(1)(c)(ii) of the Act, copies of the following documents\nmust accompany the copy of the certificate of substantial\ncompliance provided to the Director:\n(a) the documents required to accompany the application for the\ncertificate under the Act or regulation 19B; and\n(b) the documents specified in regulation 18A(c) to (e).\n(2) For subregulation (1)(b), a reference in regulation 18A(c) to (e) to\nan occupancy permit is taken to include a reference to a certificate\nof substantial compliance.\n","sortOrder":38},{"sectionNumber":"19B","sectionType":"section","heading":"Documents to accompany application","content":"19B Documents to accompany application\nFor Schedule 3, clause 3 of the Act, the following documents are\nprescribed for an application for a certificate of substantial\ncompliance in relation to building work:\n(a) the documents specified in regulation 18B(1);\n(b) if a document mentioned in paragraph (a) does not exist or is\nunable to be obtained – other documentation that\ndemonstrates the building work to which the application\nrelates complies with the relevant technical standards;\n(c) if building work was constructed otherwise than in accordance\nwith a building permit issued for the work – drawings that\nreflect the building work as constructed.\n","sortOrder":39},{"sectionNumber":"19C","sectionType":"section","heading":"Information to be included in certificate of substantial","content":"19C Information to be included in certificate of substantial\ncompliance\nFor section 76B of the Act, a certificate of substantial compliance\nmust specify the following:\n\nBuilding Regulations 1993 22\n(b) if the building work to which the certificate relates was building\nwork to which Part 4A of the Act applied – that the building\nwork was carried out by a building contractor and the name of\nthe building contractor;\n(c) if the building work to which the certificate relates was building\nwork to which Part 4B of the Act applied – that the building\nwork was carried out by an owner-builder and the name of the\nowner-builder;\n(d) if the building work to which the certificate relates does not\ncomply with a requirement of the Act, the Regulations or the\nbuilding permit for the work – details of each requirement and\nthe non-compliance.\n","sortOrder":40},{"sectionNumber":"19D","sectionType":"section","heading":"Classification of buildings","content":"19D Classification of buildings\nFor section 72D(2)(a) of the Act, all classes of buildings are\nprescribed, other than buildings identified in the Building Code as\nImportance Level 3 or 4 buildings.\n","sortOrder":41},{"sectionNumber":"19E","sectionType":"section","heading":"Criteria to be complied with","content":"19E Criteria to be complied with\nFor section 72E(4)(c)(ii) of the Act, the existing building work must\nmeet a reasonable level of safety, health and amenity.\n","sortOrder":42},{"sectionNumber":"19F","sectionType":"section","heading":"Documents to accompany application","content":"19F Documents to accompany application\n(1) For Schedule 3, clause 3 of the Act, the following documents are\nprescribed for an application for a certificate of existence in relation\nto building work:\n(a) drawings of:\n(i) the existing building work; and\n(ii) if relevant, the site on which the existing building work is\nlocated;\n(b) documents demonstrating that the work meets the criteria\nmentioned in regulation 19E;\n(c) a copy of any relevant planning or other consent, report,\napproval or notification related to the existing building work;\n(d) if the Appeals Board has made a disability access decision in\nrelation to the building work – that decision, unless the\ndecision was already provided under regulation 14(1)(j).\n\nBuilding Regulations 1993 23\n","sortOrder":43},{"sectionNumber":"20","sectionType":"section","heading":"Information to be included in certificate of existence","content":"20 Information to be included in certificate of existence\nFor section 76B of the Act, a certificate of existence must specify\n(b) the technical standards with which the building work carried\nout in or on the building complies.\n","sortOrder":44},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Declarations relating to particular building","content":"Part 3A Declarations relating to particular building\nwork\n","sortOrder":45},{"sectionNumber":"20A","sectionType":"section","heading":"Application of Part","content":"20A Application of Part\n(1) This Part applies in relation to all building work carried out by a\nperson under a building permit, except:\n(a) prescribed building work to which section 48C of the Act\napplies; and\n(b) building work to which section 48G of the Act applies.\n(2) For this Part, a person completes building work under a building\npermit when the person completely ceases to carry out the building\nwork specified in the building permit, regardless of whether the\nwork is fully or partially completed.\n","sortOrder":46},{"sectionNumber":"20B","sectionType":"section","heading":"Declaration for building work requiring occupancy certification","content":"20B Declaration for building work requiring occupancy certification\n(1) This regulation applies in relation to all completed building work that\nrequires occupancy certification.\n(2) The individual who carried out the completed building work or was\nin charge of carrying out the work must make a builder's declaration\nin relation to the completed building work.\n(3) The individual must make the builder's declaration not later than\n14 days after completing building work for a Class 1a, Class 2 or\nClass 10 building.\n\nBuilding Regulations 1993 24\n(4) An individual who makes a builder's declaration in relation to a\nClass of building mentioned in subregulation (3) must, not later than\n14 days after completing the building work, give the declaration to\nthe building certifier who granted the building permit for the work.\nNote for subregulations (2), (3) and (4)\nIn relation to Class 3 to Class 9 buildings, subregulation (2) applies but no time\nlimit is imposed under subregulation (3) or (4).\n(5) If the individual who carried out the completed building work or was\nin charge of carrying out the work was acting for a corporation and\nceased to act after completing the work, the individual is not\nexcused from making a builder's declaration under this regulation in\nrelation to the work.\n","sortOrder":47},{"sectionNumber":"20C","sectionType":"section","heading":"Declaration for certain building work not requiring occupancy","content":"20C Declaration for certain building work not requiring occupancy\ncertification\n(1) This regulation applies in relation to completed building work if a\ndeclaration under section 65(1A)(b) of the Act provides for it to\napply.\n(2) The individual who carried out the completed building work or was\nin charge of carrying out the work must make a declaration in\naccordance with regulation 20D(1) in relation to the work not later\nthan 14 days after completing the work.\n(3) The individual must, not later than 14 days after completing the\nbuilding work, give the declaration to the building certifier who\ngranted the building permit for the work.\n(4) If the individual who carried out the completed building work or was\nin charge of carrying out the work was acting for a corporation and\nceased to do so after completing the work, the individual is not\nexcused from making a declaration in accordance with this\nregulation in relation to the work.\n(5) A person must not occupy a building in or on which building work\nmentioned in subregulation (1) has been carried out unless a\ndeclaration mentioned in subregulation (2) has been made in\nrelation to the completed building work.\nMaximum penalty: 85 penalty units.\n\nBuilding Regulations 1993 25\n(6) Subregulation (5) does not apply if one of the following has been\ngranted for the completed building work:\n(a) a certificate of substantial compliance; or\n(b) a certificate of existence.\n","sortOrder":48},{"sectionNumber":"20D","sectionType":"section","heading":"Requirements for declaration under regulation 20C","content":"20D Requirements for declaration under regulation 20C\n(1) A declaration made for regulation 20C must be in an approved form\nand include a statement that the building work to which it relates\nhas been carried out in accordance with the building permit granted\nfor the work.\n(4) A person must not make a false statement in a declaration\nmentioned in subregulation (1).\n(5) A person who makes a declaration for a corporation under\nregulation 20E must not be prosecuted for an offence against\nsubregulation (4) if the person made the declaration in good faith on\nthe basis of information given to the person by the corporation.\n(6) Subregulation (5) does not prevent the corporation, or a director of\nthe corporation, from being prosecuted for an offence against\nsubregulation (4).\n","sortOrder":49},{"sectionNumber":"20E","sectionType":"section","heading":"Declaration by corporation after prescribed event","content":"20E Declaration by corporation after prescribed event\n(1) This regulation applies in relation to completed building work\nmentioned in regulation 20B or 20C if all of the following\ncircumstances apply:\n(a) the building work has been completed by a person acting for a\ncorporation (the responsible builder);\n(b) the responsible builder has failed to make a declaration under\nthe regulation solely because of a prescribed event;\n(c) the corporation is satisfied the building work was carried out\nby the responsible builder in accordance with the building\npermit granted for the work.\n(2) For subregulation (1)(c), the corporation must:\n(a) take all the steps necessary, within a reasonable time and\nusing proper care and diligence, which may include engaging\nsuitably qualified and experienced persons to inspect and give\nreports about the building work; and\n\nBuilding Regulations 1993 26\n(b) ensure other prescribed certification required for the building\nwork carried out by the responsible builder has been obtained.\n(3) As soon as practicable after the corporation has satisfied itself for\nsubregulation (1)(c), it must:\n(a) give the information it has relied on to an appropriate person;\nand\n(b) ensure that a declaration is made under subregulation (4) and\ngiven to a building certifier as required by that subregulation.\n(4) Not later than 14 days after the appropriate person has been given\nthe information under subregulation (3), the person must:\n(a) make a builder's declaration or a declaration in accordance\nwith regulation 20D(1), as applicable, relating to the building\nwork completed by the responsible builder; and\n(b) include in the declaration details about:\n(i) the prescribed event; and\n(ii) the way in which the corporation has satisfied itself\nunder subregulation (2); and\n(c) give the declaration to the building certifier who granted the\nbuilding permit for the work.\nNote for subregulation (4)\nSee section 69(5) of the Act or regulation 20D(5), as applicable, in relation to\nprotection from prosecution for criminal liability if the declaration is made in good\nfaith.\n(5) In this regulation:\nappropriate person means:\n(a) if the building work was partially completed by the responsible\nbuilder – the person who is continuing to carry out the building\nwork or is in charge of carrying out the continuing building\nwork; or\n(b) if the building work was fully completed – a person authorised\nby the corporation in writing to make the declaration under\nsubregulation (4).\n\nBuilding Regulations 1993 27\n","sortOrder":50},{"sectionNumber":"20F","sectionType":"section","heading":"Building certifier to give copy of declaration to Director","content":"20F Building certifier to give copy of declaration to Director\nA building certifier given a declaration made under regulation 20C\nmust, not later than 7 days after receiving the declaration, give a\ncopy of it to the Director.\n","sortOrder":51},{"sectionNumber":"Part 4","sectionType":"part","heading":"Reliance on certificates","content":"Part 4 Reliance on certificates\n","sortOrder":52},{"sectionNumber":"21","sectionType":"section","heading":"Certificates by particular building practitioners","content":"21 Certificates by particular building practitioners\nFor section 40(a) of the Act, but without limiting that provision, a\nbuilding certifier may rely on a certificate that work complies with\nthe Act and these Regulations given by any of the following who is\na registered building practitioner:\n(a) in relation to the compliance of the design of the building with\nthese Regulations – an architect;\n(b) in relation to the structure of a building – a structural engineer;\n(c) in relation to the mechanical systems of a building – a\nmechanical engineer;\n(d) in relation to the hydraulic services of a building – a hydraulic\nengineer;\n(e) in relation to the plumbing, drainage work and on-site sewage\ndisposal system of a building – a plumber or drainer;\n(f) in relation to the design of the plumbing and drainage works\nand on-site sewage disposal systems – a plumber and drainer\n(design).\n","sortOrder":53},{"sectionNumber":"22","sectionType":"section","heading":"Protection of adjoining property","content":"22 Protection of adjoining property\n(1) Where an excavation or demolition is to be made in proximity to an\nexisting building that building must be protected to ensure stability.\n(2) Where the foundation of an existing building is of material likely to\nbecome unstable as a result of the excavation of adjoining ground\nadditional precautions to the satisfaction of the building certifier\nmust be taken to ensure stability.\n\nPart 7 Appeals Board – appeals, referrals and applications\nBuilding Regulations 1993 28\nPart 6 Enforcement of building standards\n24 Management and fire evacuation training\nThe matters prescribed for section 116(2) are directions relating to:\n(a) the management and operation of the building; and\n(b) the training relating to fire evacuation procedures to be\nundertaken by the occupants.\n","sortOrder":54},{"sectionNumber":"25","sectionType":"section","heading":"Notification, cancellation or amendment of building order","content":"25 Notification, cancellation or amendment of building order\n(1) A building certifier who makes a building order must notify the\nDirector within 48 hours of the making of the building order.\n(2) The Director is taken to have refused a request for the amendment\nor cancellation of a building order if the Director has not decided the\nrequest within 10 days after the day on which the request is made.\n","sortOrder":55},{"sectionNumber":"Part 7","sectionType":"part","heading":"Appeals Board – appeals, referrals and","content":"Part 7 Appeals Board – appeals, referrals and\napplications\n","sortOrder":56},{"sectionNumber":"26","sectionType":"section","heading":"Form and lodgment of referral or application","content":"26 Form and lodgment of referral or application\nA referral or application to the Appeals Board under Part 11 of the\nAct must be:\n(a) in the approved form; and\n(b) lodged with the Appeals Board.\nNote for regulation 26\nSection 130A(2) deals with the form and lodgment of an appeal.\n","sortOrder":57},{"sectionNumber":"26A","sectionType":"section","heading":"Service of appeal, referral or application","content":"26A Service of appeal, referral or application\nA person who makes an appeal, referral or application under\n","sortOrder":58},{"sectionNumber":"Part 11","sectionType":"part","heading":"of the Act must serve a copy on the other party to the","content":"Part 11 of the Act must serve a copy on the other party to the\nappeal, referral or application no later than 2 days after it is lodged\nwith the Appeals Board.\n","sortOrder":59},{"sectionNumber":"26B","sectionType":"section","heading":"Leave of Local Court for enforcement of determination","content":"26B Leave of Local Court for enforcement of determination\nFor section 142 of the Act, the Local Court is the prescribed court\nfor giving leave for the enforcement of the Appeal Board's\ndetermination of an appeal, referral or application.\n\nBuilding Regulations 1993 29\n","sortOrder":60},{"sectionNumber":"Part 8","sectionType":"part","heading":"General enforcement provision","content":"Part 8 General enforcement provision\n","sortOrder":61},{"sectionNumber":"28","sectionType":"section","heading":"Additional orders that may be made by the Court","content":"28 Additional orders that may be made by the Court\nFor section 152(1) of the Act, the prescribed court is the Local\nCourt.\n","sortOrder":62},{"sectionNumber":"29","sectionType":"section","heading":"Notice of authorisation","content":"29 Notice of authorisation\nThe Minister is to issue a notice of authorisation to each person\nappointed as an authorised officer under section 162 of the Act and\nthe holder must produce the notice whenever required to do so by a\nperson in charge of any premises in relation to which the authorised\nperson has exercised or is about to exercise his or her powers\nunder the Act.\n","sortOrder":63},{"sectionNumber":"30","sectionType":"section","heading":"Interpretation","content":"30 Interpretation\n(1) In this Part, unless the contrary intention appears, siting includes\nplot ratio, site coverage and set-back.\n(2) Where the corner of an allotment has been truncated, the area of\nthe allotment is, for this Part, taken to include the area of the\ntruncated part.\n","sortOrder":64},{"sectionNumber":"31","sectionType":"section","heading":"Application","content":"31 Application\nThis Part does not apply to or in relation to the siting of a Class 1 or\nClass 10 Building in any part of the Territory in relation to which\nthere is in force development provisions, or an interim development\ncontrol order, under the Planning Act 1999 providing for the siting of\nsuch buildings.\n","sortOrder":65},{"sectionNumber":"32","sectionType":"section","heading":"Minimum distances for Class 1 or Class 10 buildings","content":"32 Minimum distances for Class 1 or Class 10 buildings\nSubject to these Regulations, a Class 1 or Class 10 Building must\nbe situated on an allotment not less than:\n(a) 7.5 m from the street alignment of a primary street; and\n(b) where the allotment has a frontage to more than one street –\n2.5 m from the street alignment of the secondary street; and\n(c) 1.5 m from boundaries other than the street alignments\nreferred to in paragraphs (a) or (b).\n\nBuilding Regulations 1993 30\n","sortOrder":66},{"sectionNumber":"33","sectionType":"section","heading":"Exceptions","content":"33 Exceptions\n(1) A verandah, carport, pergola or other approved building,\nconstructed without external walls, may be constructed less than\n7.5 m from the street alignment of a primary street, but no part of\nthe building is to be constructed less than 4.5 m from that street\nalignment unless approved.\n(2) The requirements of regulation 32(c) do not apply to or in relation to\na garden shed, to be constructed on an allotment less than 1.5 m\nfrom a side or rear boundary of the allotment, that:\n(a) is not more than 6 m 2 in area; and\n(b) is not more than 2.3 m in height; and\n(c) has no openings in its walls which adjoin a boundary; and\n(d) does not discharge rainwater on an adjacent allotment.\n","sortOrder":67},{"sectionNumber":"35","sectionType":"section","heading":"More than one Class 1 building on one allotment","content":"35 More than one Class 1 building on one allotment\nA person must not construct more than one Class 1 Building on an\nallotment except where:\n(a) a planning scheme or interim development control order\nallows the construction; or\n(b) the allotment is not less than 4 ha in area, not more than\n2 buildings are constructed and both buildings comply with this\nPart in relation to siting requirements for separate sites.\n","sortOrder":68},{"sectionNumber":"36","sectionType":"section","heading":"Plot ratio of Class 1 buildings","content":"36 Plot ratio of Class 1 buildings\n(1) Where a Class 1 Building or a Class 1 Building and one or more\nClass 10 Buildings are constructed on an allotment the total roofed\narea must not exceed 50 per cent of the area of the allotment\nunless consent to exceed that percentage is conferred by\ndevelopment provisions, or an interim development control order,\nunder the Planning Act 1999.\n(2) In calculating the roofed area for subregulation (1) the area of a\nverandah, carport, pergola or other building on the site that has no\nexternal walls may be excluded.\n\nBuilding Regulations 1993 31\n","sortOrder":69},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Relocation of approved Class 1a Buildings to","content":"Part 9A Relocation of approved Class 1a Buildings to\napproved rural land\n","sortOrder":70},{"sectionNumber":"36A","sectionType":"section","heading":"Definitions","content":"36A Definitions\napproved rural land means land in one of the following zones, as\nspecified in a planning scheme:\n(a) Agriculture;\n(b) Horticulture;\n(c) Rural;\n(d) Rural Living;\n(e) Water Management.\nelectrical installation connection work means electrical work, as\ndefined in section 9 of the Electrical Safety Act 2022, for connecting\nan approved Class 1a Building that has been relocated to approved\nrural land to an electricity supply for the land.\nNote for definition electrical installation connection work\nA certificate of compliance may be required under section 41 of the Electrical\nSafety Act 2022 for electrical installation connection work.\noriginal site, of an approved Class 1a Building, means the land on\nwhich the building was originally erected.\npost-relocation building work, for an approved Class 1a Building,\nmeans any of the following:\n(a) footings and fixture work as defined in regulation 36D(4);\n(b) plumbing connection work as defined in regulation 36E(2);\n(c) electrical installation connection work.\n","sortOrder":71},{"sectionNumber":"36B","sectionType":"section","heading":"Application of Part","content":"36B Application of Part\n(1) This Part applies only in relation to:\n(a) an approved Class 1a Building that:\n(i) is to be removed from its current site for relocation on\napproved rural land; or\n\nBuilding Regulations 1993 32\n(ii) has been relocated on approved rural land, whether\nbefore or after the commencement of this regulation; and\n(b) post-relocation building work.\n(2) This Part does not affect a person's obligation to comply with\nrequirements under another law in force in the Territory that relates\nto the erection of an approved Class 1a Building on approved rural\nland (for example, the Planning Act 1999).\n","sortOrder":72},{"sectionNumber":"36C","sectionType":"section","heading":"Approved Class 1a Building","content":"36C Approved Class 1a Building\n(1) A building is an approved Class 1a Building if:\n(a) the building work for the original erection of the building\nstarted on or after 1 January 1975; and\n(b) after completion of the building work, the building was a\nClass 1a Building (or the equivalent class) under the relevant\nbuilding law; and\n(c) the building was originally erected on, and affixed to, land to\nwhich the relevant building law applied; and\n(d) the original site of the building meets the design wind speed\nrequirement for relocation of the building to approved rural\nland; and\n(e) one of the following (the original building status) applies to\nthe building:\n(i) it was built by or for the Crown in right of the\nCommonwealth;\n(ii) a permit or certificate allowing occupancy of the building\nwas granted for it under the relevant building law.\n(2) The original site of the building meets the requirement mentioned in\nsubregulation (1)(d) if the design wind speed applicable to the site\nis the same as, or greater than, the design wind speed applicable to\nthe approved rural land to which it is proposed to relocate the\ndesign wind speed, in relation to a site, means the design wind\nspeed under these Regulations applicable to the design and\nconstruction of buildings that may be approved on the site.\n\nBuilding Regulations 1993 33\n","sortOrder":73},{"sectionNumber":"36D","sectionType":"section","heading":"Footings and fixture work","content":"36D Footings and fixture work\n(1) Before a person starts to carry out footings and fixture work for an\napproved Class 1a Building that is to be (or has been) relocated to\napproved rural land, a building permit must be in force for the work.\n(2) The building permit must include the following details:\n(a) the location of the original site of the approved Class 1a\nBuilding (for example, the lot number and general location);\n(b) the original building status of the building.\n(3) The footings and fixture work must be carried out by a registered\nbuilding contractor or an owner-builder.\nfootings and fixture work, for the Class 1a Building, means:\n(a) the construction on the approved rural land of footings for the\nbuilding; and\n(b) the fixture of the building to the footings.\n","sortOrder":74},{"sectionNumber":"36E","sectionType":"section","heading":"Plumbing connection work","content":"36E Plumbing connection work\n(1) Before a person starts to carry out plumbing connection work for an\napproved Class 1a Building that is to be (or has been) relocated to\napproved rural land, a building permit must be in force for the work.\nplumbing connection work means work for connecting the\napproved Class 1a Building to a plumbing and drainage service on\nthe approved rural land.\n","sortOrder":75},{"sectionNumber":"36G","sectionType":"section","heading":"Occupancy permit and structural report","content":"36G Occupancy permit and structural report\n(1) A building certifier must not issue an occupancy permit relating to\npost-relocation building work for an approved Class 1a Building, as\nspecified in a building permit, unless the application for the\noccupancy permit is accompanied by:\n(a) a report by a registered certifying engineer (structural):\n(i) made after completion of the footings and fixture work\nfor the building, as defined in regulation 36D(4); and\n\nBuilding Regulations 1993 34\n(ii) stating the approved Class 1a Building has not been\nstructurally compromised during its relocation to the\napproved rural land; and\n(b) if electrical installation connection work requiring a certificate\nof compliance under section 41 of the Electrical Safety\nAct 2022 has been carried out – that certificate.\n(2) An occupancy permit issued in relation to post-relocation building\nwork for an approved Class 1a Building, as specified in a building\npermit, must include a statement to the effect that the building\nretains its original building status.\n","sortOrder":76},{"sectionNumber":"39A","sectionType":"section","heading":"Sub-categories of building practitioner","content":"39A Sub-categories of building practitioner\nFor section 4A(2)(b) of the Act, the sub-categories specified in the\ntable below are prescribed for the category of building practitioner\nspecified opposite.\nCategory Sub-categories\n1. building certifier building certifier (residential)\nbuilding certifier (unrestricted)\n2. certifying plumber certifying plumber and drainer\ncertifying plumber and drainer (design)\n3. certifying engineer certifying engineer (structural)\ncertifying engineer (hydraulic)\ncertifying engineer (mechanical)\n4. building contractor building contractor residential (restricted)\nbuilding contractor residential (unrestricted)\nbuilding contractor commercial (restricted)\nbuilding contractor commercial (unrestricted)\n\nBuilding Regulations 1993 35\n","sortOrder":77},{"sectionNumber":"39B","sectionType":"section","heading":"Prescribed net financial assets for building contractor","content":"39B Prescribed net financial assets for building contractor\n(1) The net financial assets prescribed for the relevant provisions of the\nAct are net tangible assets (net assets) of at least $50 000.\n(2) For sections 24B and 24F of the Act, it is a condition of registration\nor renewal of registration in a category of building contractor that an\nindividual or corporation (a builder) give the Practitioners Board a\nnet assets certificate.\n(3) If the builder holds net assets jointly with another person, the\nbuilder is not entitled to rely on the other person's share of the net\nassets.\n(4) If the builder is a corporation, the builder must itself hold the net\nassets and is not entitled to rely on the assets of any other person\n(including a director of the corporation).\n(5) If the builder is a director or nominee of a corporation, the builder\nmay rely on the net assets of the corporation only if:\n(a) the builder's registration is solely for the builder to carry out\nbuilding work for the corporation; and\n(b) there is a written agreement between the builder and the\ncorporation that:\n(i) the builder may rely on the net assets of the corporation;\nand\n(ii) the builder's registration is solely for the builder to carry\nout building work for the corporation.\n(6) In this regulation:\nrelevant provisions means the following:\n(a) section 24B(1)(c) and (2)(c);\n(b) section 24F(1)(e) and (2)(d).\n","sortOrder":78},{"sectionNumber":"39C","sectionType":"section","heading":"Net assets certificate","content":"39C Net assets certificate\n(1) A net assets certificate is a document, prepared and certified by\nan accountant, specifying the net assets held by a builder as\nmentioned in regulation 39B(1).\n(2) An accountant who prepares a net assets certificate:\n(a) is to do so in accordance with the Australian Accounting\nStandards; and\n\nBuilding Regulations 1993 36\n(b) is not to use financial information relating to a period earlier\nthan 12 months before the date of the certificate; and\n(c) is to take into account the matters mentioned in\nregulation 39B(3) to (5).\naccountant means one of the following:\n(a) a member of the Institute of Chartered Accountants in\nAustralia who holds a current Certificate of Public Practice\nissued by the Institute;\n(b) a member of the CPA Australia who holds a current Public\nPractice Certificate in accordance with the by-laws of CPA\nAustralia;\n(ba) a member of the Institute of Public Accountants ACN 004 130\n643 who holds a current Certificate of Professional Practice\nissued by the Institute;\n(c) a person who holds a current Public Practising Certificate\nissued by the Association of Taxation and Management\nAccountants;\n(d) a registered tax agent;\n(e) a person registered as an auditor under the Corporations\nAct 2001.\nAustralian Accounting Standards means the current Australian\nAccounting Standards as published by the Australian Accounting\nStandards Board.\n","sortOrder":79},{"sectionNumber":"40","sectionType":"section","heading":"Condition for registration: professional indemnity insurance","content":"40 Condition for registration: professional indemnity insurance\n(1) For the relevant provisions of the Act, it is a condition for\nregistration or renewal of registration in a category of building\npractitioner specified in subregulation (2) that the applicant hold a\npolicy of professional indemnity insurance for the amount\ndetermined by the Minister.\n(2) Subregulation (1) applies in relation to all categories of building\npractitioner other than the following:\n(a) certifying plumber and drainer;\n(b) building contractor.\n\nBuilding Regulations 1993 37\nrelevant provisions means the following:\n(a) section 24(1)(c), (2)(c) and (3);\n(b) section 24EA(1)(e), (2)(d) and (3).\n","sortOrder":80},{"sectionNumber":"40A","sectionType":"section","heading":"Variation or revocation of conditions imposed on registration","content":"40A Variation or revocation of conditions imposed on registration\nThe Practitioners Board may, as it considers appropriate but\nsubject to section 24FAB(2), vary or revoke all or any of the\nconditions imposed on the registration of a building practitioner\n(registration conditions).\n","sortOrder":81},{"sectionNumber":"40B","sectionType":"section","heading":"Last day for application for renewal of registration","content":"40B Last day for application for renewal of registration\nFor section 24E(2) of the Act, the prescribed date is the date\n2 months before the applicant's registration expires.\nExample for regulation 40B\nIf a building practitioner's registration expires on 31 December 2007, the\nPractitioners Board may refuse to accept the practitioner's application for renewal\nif it is made after 31 October 2007. If that happens, the practitioner may apply for\nregistration under section 23 or 24A of the Act.\n","sortOrder":82},{"sectionNumber":"41A","sectionType":"section","heading":"Building work","content":"41A Building work\n(1) For section 48A(1) of the Act, prescribed building work is work for\n(a) a building of Class 1, 2, 3, 4, 5, 6, 7, 8 or 9;\n(c) a Class 10 building attached to a building referred to in\nbuilding is constructed;\n(d) a retaining wall (whenever constructed) that is not attached to\nExamples of Class 10 buildings for subregulation (1)(c)\n1. A garage attached to a building of Class 1, 2, 3, 4, 5, 6, 7, 8 or 9.\n2. A retaining wall attached to a building of Class 1, 2, 3, 4, 5, 6, 7, 8 or 9.\n\nBuilding Regulations 1993 38\n(a) renovations or alterations to an existing Class 1a or Class 2\nbuilding if there is no increase in the floor area of the building;\n(ab) renovations or alterations to an existing building of Class 1b,\n3, 4, 5, 6, 7, 8 or 9 if:\n(i) there is no increase in the floor area of the building; and\n(ii) there is no increase in the height of the building; and\n(iii) there is no alteration to or removal of any structural\nsupport element of the building; and\n(iv) there is no change in the use or classification of the\n(b) a Class 10 building or verandah attached to a building of\nClass 1, 2, 3, 4, 5, 6, 7, 8 or 9 if it is constructed at any time\nafter that building was constructed;\nattached to a building of Class 1, 2, 3, 4, 5, 6, 7, 8 or 9, other\nthan a retaining wall referred to in subregulation (1)(d).\n1. The re-cladding of the roof or walls of a Class 1a or Class 2 building.\n2. The replacement of windows in a Class 1a or Class 2 building.\n3. The construction of new external openings in a Class 1a or Class 2 building.\n4. The enlargement or filling in of existing external openings in a Class 1a or\nClass 2 building.\n2. A retaining wall that is not attached to a building of Class 1, 2, 3, 4, 5, 6, 7, 8\nor 9 and on which the integrity of such a building does not depend.\n","sortOrder":83},{"sectionNumber":"41B","sectionType":"section","heading":"Building contractor residential (restricted)","content":"41B Building contractor residential (restricted)\nFor section 48A(1)(a) of the Act, a building contractor residential\n(restricted) may, subject to any conditions imposed on the building\ncontractor's registration, commence, carry out or supervise building\nwork that is work for or in connection with the construction of any of\n\nBuilding Regulations 1993 39\n(b) a Class 1a attached dwelling or Class 2 building of not more\nthan 2 storeys;\n(c) a Class 10 building attached to a building referred to in\nparagraph (a) or (b) if it is constructed at the same time as that\n(d) a retaining wall (whenever constructed) that is not attached to\na building referred to in paragraph (a) or (b) but on which the\n","sortOrder":84},{"sectionNumber":"41C","sectionType":"section","heading":"Building contractor residential (unrestricted)","content":"41C Building contractor residential (unrestricted)\nFor section 48A(1)(a) of the Act, a building contractor residential\n(unrestricted) may, subject to any conditions imposed on the\nbuilding contractor's registration, commence, carry out or supervise\nbuilding work that is work for or in connection with the construction\nof any of the following:\n(a) a Class 1a or Class 2 building;\n41CA Building contractor commercial (restricted)\nFor section 48A(1)(a) of the Act, a building contractor commercial\n(restricted) may, subject to any conditions imposed on the building\ncontractor's registration, commence, carry out or supervise building\nwork that is work for or in connection with the construction of any of\n(a) a building of Class 1b, 3, 4, 5, 6, 7, 8 or 9 of not more than\n3 storeys;\n\nBuilding Regulations 1993 40\n41CB Building contractor commercial (unrestricted)\nFor section 48A(1)(a) of the Act, a building contractor commercial\n(unrestricted) may, subject to any conditions imposed on the\nbuilding contractor's registration, commence, carry out or supervise\nbuilding work that is work for or in connection with the construction\nof any of the following:\n(a) a building of Class 1b, 3, 4, 5, 6, 7, 8 or 9;\n","sortOrder":85},{"sectionNumber":"41D","sectionType":"section","heading":"Supervision by building contractor","content":"41D Supervision by building contractor\nFor section 48A(1)(b) of the Act, the building contractor must\nsupervise the person by the level of personal oversight the\ncontractor considers appropriate, having regard to the person's\nskills and experience.\n","sortOrder":86},{"sectionNumber":"41E","sectionType":"section","heading":"Minimum value of building work","content":"41E Minimum value of building work\nFor section 48A(2)(a) of the Act, the prescribed amount for building\nwork that is for or in connection with the construction of a building of\nClass 1a, 2 or 10 is $25 000.\n","sortOrder":87},{"sectionNumber":"41F","sectionType":"section","heading":"Building contractors","content":"41F Building contractors\nFor section 48B(1) of the Act, the following building contractors are\nprescribed:\n","sortOrder":88},{"sectionNumber":"41G","sectionType":"section","heading":"Building work","content":"41G Building work\n(1) For section 48B(1) of the Act, prescribed building work is work for\n\nBuilding Regulations 1993 41\n1 The re-cladding of the roof or walls of a detached house.\n2 The replacement of windows in a detached house.\n3 The construction of new external openings in a detached house.\n4 The enlargement or filling in of existing external openings in a detached\n1 A freestanding garage or shed.\n2 A retaining wall that is not attached to a detached house and on which the\n(3) In addition, the prescribed building work does not include work for\nor in connection with:\n(a) the relocation of an approved Class 1a Building to approved\nrural land; or\n(b) post-relocation building work.\n\nBuilding Regulations 1993 42\n","sortOrder":89},{"sectionNumber":"41H","sectionType":"section","heading":"Residential building contracts","content":"41H Residential building contracts\nFor section 48B(2) and (2A) of the Act, a residential building\ncontract must include provisions:\n(a) relating to prescribed building work that is to be carried out on\na single project (the work); and\n(b) identifying the prescribed building contractor who will carry out\nthe work; and\n(c) specifying the prescribed building contractor's registration\nnumber entered in the register maintained under section 16 of\nthe Act; and\n(d) specifying the extent of the work and the total contracted price\nfor the work; and\n(e) if the contract provides for the payment of a deposit –\nspecifying the deposit payable to the prescribed building\ncontractor for carrying out the work, which must be no more\nthan 5% of the total contracted price; and\n(f) unless paragraph (g) applies – specifying the percentage of\nthe total contracted price payable to the prescribed building\ncontractor after completion of a stage of the work in\naccordance with the standard progress payments; and\n(g) if the parties have agreed to a variation of the standard\nprogress payments or if the contract relates to the construction\nof a retaining wall – specifying that progress payments are to\nbe made in accordance with a progress payment agreement\nmade under the contract; and\n(h) relating to dispute resolution, subject to regulation 41HC.\n41HA Standard progress payments\n(1) Standard progress payments, under a residential building contract,\nare as follows:\n(a) no more than 10% of the total contracted price, payable after\ncompletion of the work to the base stage;\n(b) no more than 20% of the total contracted price, payable after\ncompletion of the work to the frame stage;\n(c) no more than 25% of the total contracted price, payable after\ncompletion of the work to the enclosed stage;\n\nBuilding Regulations 1993 43\n(d) no more than 30% of the total contracted price, payable after\ncompletion of the work to the fixing stage;\n(e) no more than 7% of the total contracted price, payable after\ncompletion of the work to the practical completion stage;\n(f) the remaining percentage of the total contracted price,\npayable to the prescribed building contractor after completion\nof the work to the final stage.\nbase stage means:\n(a) for a building with a timber floor with base brickwork – the\nstage when:\n(i) the concrete footings for the floor are poured; and\n(ii) the base brickwork is built to floor level; and\n(iii) the bearers and joists are installed; or\n(b) for a building with a timber floor without base brickwork – the\nstage when:\n(i) the stumps, piers or columns are completed; and\n(ii) the bearers and joists are installed; or\n(c) for a building with a suspended concrete slab floor – the stage\nwhen:\n(i) the concrete footings are poured; and\n(ii) the formwork and reinforcing for the suspended slab are\ninstalled; or\n(d) for a building with a concrete floor other than a suspended\nconcrete slab floor – the stage when the floor is completed.\nenclosed stage means the stage when:\n(a) a building's external wall cladding is fixed; and\n(b) the building's roof covering is fixed, regardless of whether:\n(i) for a tile roof – pointings have been done; or\n(ii) for a metal roof – scribing and final screwing off has\nbeen done; and\n\nBuilding Regulations 1993 44\n(c) the building's structural floor is laid; and\n(d) the building's external doors are fixed:\n(i) regardless of whether they are fixed only temporarily;\nand\n(ii) if a lockable door separating the garage from the rest of\nthe building is fixed – regardless of whether or not the\ngarage doors have been fixed; and\n(e) the building's external windows are fixed, regardless of\nwhether they are fixed only temporarily.\nfinal stage means:\n(a) for work that requires an occupancy permit – the stage when\nthe permit has been granted for the work and a copy of the\npermit has been given to the contracting owner of the\n(b) for work that does not require an occupancy permit – the\nstage when the prescribed building contractor:\n(i) has made all relevant declarations required under the\nAct in relation to the work and has given the contracting\nowner a copy; and\n(ii) has given the contracting owner a copy of all relevant\ncertificates and documents required under the Act in\nrelation to the work.\nfixing stage means the stage when all the building's internal lining,\narchitraves, cornice, skirting, doors to rooms, baths, shower trays,\nwet area tiling, built-in shelves, built-in cabinets and built-in\ncupboards are fitted and fixed in position.\nframe stage means the stage when a building's frame is\ncompleted.\npractical completion stage means the stage when the building\nwork has been completed, apart from minor omissions or minor\ndefects.\n\nBuilding Regulations 1993 45\n41HB Progress payment agreement\n(1) A progress payment agreement under a residential building\ncontract must:\n(a) be in the approved form and signed by the parties to the\ncontract; and\n(b) state that the parties to the contract have agreed to a variation\nof the standard progress payments; and\n(c) specify the percentage of the total contracted price for the\nprescribed building work that is payable to the prescribed\nbuilding contractor after completion of each stage of the work\n(up to the final stage); and\n(d) give details of each stage of the work mentioned in\nparagraph (c); and\n(e) specify the remaining percentage payable to the prescribed\nbuilding contractor after completion of the work to the final\nstage, which must be no less than 3% of the total contracted\nprice.\n(2) For subregulation (1), final stage has the same meaning as in\nregulation 41HA(2).\n41HC Dispute resolution\n(1) For regulation 41H(h), a provision of a residential building contract\nthat provides for dispute resolution is of no effect to the extent to\nwhich the provision purports to:\n(a) restrict or remove the rights of a person in relation to access to\na dispute resolution process available under any law in force\nin the Territory; or\n(b) require a dispute in relation to the contract to be referred to an\narbitrator, expert or other third party for a final and binding\ndecision.\n(2) This regulation does not prevent the parties to a residential building\ncontract from entering into an agreement, after a dispute has arisen\nunder the contract, about the manner of resolving the dispute.\n\nDivision 2A Offences relating to residential building contracts\nBuilding Regulations 1993 46\nDivision 2A Offences relating to residential building contracts\n41HD Unlawful contract\n(1) A prescribed building contractor must not enter into a residential\nbuilding contract that does not comply with regulation 41H.\nMaximum penalty: 100 penalty units.\n(2) An offence against subregulation (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against\nsubregulation (1) if the defendant establishes a reasonable excuse.\n41HE Deposit and progress payments\n(1) A prescribed building contractor who has entered into a residential\nbuilding contract must not request or receive a deposit from the\ncontracting owner of more than 5% of the total contracted price of\nthe prescribed building work specified in the contract.\n(2) A prescribed building contractor must not request or receive from\nthe contracting owner:\n(a) a payment for carrying out prescribed building work except as\na progress payment after completion of the stage of work to\nwhich the progress payment relates, as specified in or under\nthe residential building contract for the work; or\n(b) more than the percentage of the total contracted price that is\nspecified in or under the residential building contract.\n(3) An offence against subregulation (1) or (2) is a regulatory offence.\n(4) It is a defence to a prosecution for an offence against\nsubregulation (1) or (2) if the defendant establishes a reasonable\nexcuse.\n(5) If a court finds a prescribed building contractor guilty of an offence\nagainst subregulation (1) or (2), the court may, in addition to\nimposing a penalty for the offence, order the contractor to refund to\nthe contracting owner some or all of the amount paid for the deposit\nor prescribed building work.\n\nBuilding Regulations 1993 47\n41HF Invoice for progress payment to include declaration\n(1) A prescribed building contractor who issues an invoice requesting a\nprogress payment under a residential building contract must ensure\nthe invoice includes a declaration by the contractor that the\nprescribed building work to which the invoice relates has been\ncompleted.\n(2) An offence against subregulation (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against\nsubregulation (1) if the defendant establishes a reasonable excuse.\n","sortOrder":90},{"sectionNumber":"41J","sectionType":"section","heading":"Minimum value of building work","content":"41J Minimum value of building work\nFor section 48B(3)(a) of the Act, the prescribed amount is $25 000.\n","sortOrder":91},{"sectionNumber":"41K","sectionType":"section","heading":"Building contractors","content":"41K Building contractors\nFor section 48C(2) of the Act, the following building contractors are\nprescribed:\n","sortOrder":92},{"sectionNumber":"41L","sectionType":"section","heading":"Building work","content":"41L Building work\n(1) For section 48C(1) of the Act, prescribed building work is work for\n\nBuilding Regulations 1993 48\n1. The re-cladding of the roof or walls of a detached house.\n2. The replacement of windows in a detached house.\n3. The construction of new external openings in a detached house.\n4. The enlargement or filling in of existing external openings in a detached\n2. A retaining wall that is not attached to a detached house and on which the\n","sortOrder":93},{"sectionNumber":"41N","sectionType":"section","heading":"Building work","content":"41N Building work\n(1) For section 48D(1) of the Act, prescribed building work is work for\n\nBuilding Regulations 1993 49\n1. The re-cladding of the roof or walls of a detached house.\n2. The replacement of windows in a detached house.\n3. The construction of new external openings in a detached house.\n4. The enlargement or filling in of existing external openings in a detached\n2. A retaining wall that is not attached to a detached house and on which the\n","sortOrder":94},{"sectionNumber":"41P","sectionType":"section","heading":"Minimum value of building work","content":"41P Minimum value of building work\nFor section 48D(2)(a) of the Act, the prescribed amount is $25 000.\n","sortOrder":95},{"sectionNumber":"41Q","sectionType":"section","heading":"Exemption for certain building contractors","content":"41Q Exemption for certain building contractors\nFor section 48D(2)(b) of the Act, the following building contractors\nare prescribed:\n","sortOrder":96},{"sectionNumber":"41R","sectionType":"section","heading":"Period required to elapse","content":"41R Period required to elapse\nFor section 48F(4), the prescribed period is 6 years.\n\nPart 13 Matters for commencement of Building Amendment Act 2004\nBuilding Regulations 1993 50\nPart 12 Miscellaneous\n42 Offences\nSubject to a contrary intention, a person who contravenes any of\nthe provisions of these Regulations commits an offence.\nMaximum penalty: 80 penalty units and an additional penalty,\nnot exceeding 8 penalty units, for each day\nduring which the offence continues after the\nday the offence is committed.\n","sortOrder":97},{"sectionNumber":"43","sectionType":"section","heading":"Transitional matters for commencement of Building Act 1993","content":"43 Transitional matters for commencement of Building Act 1993\nWhere the Practitioners Board is satisfied on application made in\naccordance with the Act and these regulations that a person:\n(a) is eligible for accreditation as an assistant building surveyor,\nby the Building Surveyors and Allied Professions Accreditation\nBoard, or has knowledge and experience, that is in the opinion\nof the Practitioners Board equivalent for such accreditation, or\nis the holder of a degree related to building construction,\nawarded by an Australian tertiary education institution, or a\nqualification that is in the opinion of the Practitioners Board\nequivalent to such a degree;\n(b) has had three years practical experience in building work in\nthe Northern Territory relating to Class 1 Buildings, Class 10\nBuildings and Class 2 Buildings not exceeding 3 residential\nstoreys under the repealed Act; and\n(c) has had knowledge of the statutory requirements relating to\nbuilding work in the Northern Territory,\nthe Practitioners Board may permit the person to act as a building\ncertifier for a period of 3 years commencing from the\ncommencement of the Act.\n","sortOrder":98},{"sectionNumber":"Part 13","sectionType":"part","heading":"Matters for commencement of Building","content":"Part 13 Matters for commencement of Building\nAmendment Act 2004\n","sortOrder":99},{"sectionNumber":"44","sectionType":"section","heading":"Definitions","content":"44 Definitions\namending Act means the Building Amendment Act 2004.\nbuilding means a building constructed under a building permit\ngranted before the commencement of Part 4A of the Act.\n\n","sortOrder":100},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Parts 4A and 4B of Act","content":"Part 14 Transitional matters for Parts 4A and 4B of Act\nBuilding Regulations 1993 51\nwork means work for which a building permit had been granted\nbefore the commencement of Part 4A of the Act.\n","sortOrder":101},{"sectionNumber":"45","sectionType":"section","heading":"Inspection stages","content":"45 Inspection stages\nFor section 62(2) of the Act, the inspection stages of work are the\nstages notified by the building certifier under section 62(1) of the\nAct as in force immediately before the commencement of\nsection 22 of the amending Act.\n","sortOrder":102},{"sectionNumber":"46","sectionType":"section","heading":"Exemption of work from sections 63 and 70","content":"46 Exemption of work from sections 63 and 70\n(1) Sections 63 and 70 of the Act do not apply to work.\n(2) However, sections 63 and 70 of the Act, as in force immediately\nbefore the commencement (respectively) of sections 23 and 27 of\nthe amending Act, apply to work.\n","sortOrder":103},{"sectionNumber":"47","sectionType":"section","heading":"Exemption of occupancy permit for building from section 72","content":"47 Exemption of occupancy permit for building from section 72\n(1) Section 72 of the Act does not apply to an occupancy permit for a\n(2) However, section 72 of the Act, as in force immediately before the\ncommencement of section 29 of the amending Act, applies to the\npermit.\nPart 14 Transitional matters for Parts 4A and 4B of Act\n","sortOrder":104},{"sectionNumber":"48","sectionType":"section","heading":"Registration of building contractors","content":"48 Registration of building contractors\n(1) Subregulation (2) applies in relation to a building contractor who\nwas registered under section 24B or 24C of the Act after that\nsection commenced but before Part 4A of the Act commenced.\n(2) Despite section 24D of the Act but subject to the remainder of the\nAct, the registration of a building contractor to whom this Part\napplies remains in force until the date 2 years after the\ncommencement of Part 4A of the Act.\n","sortOrder":105},{"sectionNumber":"49","sectionType":"section","heading":"Building permits granted before commencement of Parts 4A","content":"49 Building permits granted before commencement of Parts 4A\nand 4B of the Act\nParts 4A and 4B of the Act do not apply in relation to work for which\na building permit had been granted before the commencement of\nthe Parts.\n\nPart 16 Transitional matters for Building Legislation Amendment Act 2010\nBuilding Regulations 1993 52\nPart 15 Transitional matters for inspection stages of\nresidential building work\n50 Inspection stages for pre-July 2006 residential building work\nRegulation 15A does not apply to:\n(a) residential building work for which a building permit has been\ngranted prior to 3 July 2006; or\n(b) residential building work for which:\n(i) an application for a building permit was made before\n1 January 2007; and\n(ii) a building certifier has certified in writing that substantial\nprogress was made in the design of the building prior to\n","sortOrder":106},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional matters for Building Legislation","content":"Part 16 Transitional matters for Building Legislation\nAmendment Act 2010\n","sortOrder":107},{"sectionNumber":"51","sectionType":"section","heading":"Definitions","content":"51 Definitions\ncommencement day means the day on which the Building\nLegislation Amendment Act 2010 commences.\nrepealed, in relation to a specified provision, means that provision\nas in force immediately before the commencement day.\nsubstituted, in relation to a specified provision, means that\nprovision as in force on the commencement day.\n52 Declaration made by corporation after commencement day for\nbuilding work completed before commencement day\n(1) This regulation applies if, before the commencement day:\n(a) prescribed building work to which repealed regulation 20A(1)\napplied had been completed by a person carrying out building\nwork for a corporation (the responsible builder); and\n(b) the declaration mentioned in that subregulation had not been\ngiven to the building certifier under repealed regulation 20A(3).\n\nPart 17 Transitional Matters for Building Amendment (National Construction Code\nSeries) Regulations 2012\nBuilding Regulations 1993 53\n(2) The following regulation, as appropriate, applies in relation to the\ndeclaration relating to the building work:\n(a) substituted regulation 20B, other than subregulation (5) of that\nregulation;\n(b) substituted regulation 20C, other than subregulation (4) of that\nregulation.\n(3) If the responsible builder ceased to act for the corporation after\ncompleting the prescribed work, the corporation must follow the\nprocedures specified in substituted regulation 20E as if a prescribed\nevent had occurred.\n(4) For this regulation, a responsible builder had completed prescribed\nbuilding work if he or she had completely ceased to carry out the\nbuilding work specified in the building permit granted for the work,\nregardless of whether the work was fully or partially completed.\n(5) This regulation does not affect the liability of the responsible builder\nfor an offence against repealed regulation 20A(1), (2) or (3) or\nsubstituted regulation 20B, 20C or 20D.\nPart 17 Transitional Matters for Building Amendment\n(National Construction Code Series)\nRegulations 2012\n","sortOrder":108},{"sectionNumber":"53","sectionType":"section","heading":"Transitional matters for plumbing and drainage work","content":"53 Transitional matters for plumbing and drainage work\n(1) Subject to this regulation, the Plumbing Code applies only to\nplumbing and drainage work that starts on or after the\ncommencement day.\n(2) The modified National Plumbing Code continues to apply to\nplumbing and drainage work (including the design of the work) that:\n(a) was started before the commencement day; and\n(b) continues to be carried out on or after the commencement\nday.\n(3) Despite subregulation (2), the owner of the land or building on\nwhich the plumbing and drainage work is being carried out may\nchoose to have the work carried out in accordance with the\nPlumbing Code.\n\nPart 18 Transitional matters for Building Amendment (Financial Assets and\nResidential Building Contracts) Regulations 2012\nBuilding Regulations 1993 54\ncommencement day means the day on which the Building\nAmendment (National Construction Code Series) Regulations 2012\ncommence.\nmodified National Plumbing Code means the National Plumbing\nCode:\n(a) as in force immediately before the commencement day; and\n(b) as modified by Schedule 5 as in force immediately before the\ncommencement day.\nplumbing and drainage work, see regulation 4A(2).\nPart 18 Transitional matters for Building Amendment\n(Financial Assets and Residential Building\nContracts) Regulations 2012\n","sortOrder":109},{"sectionNumber":"54","sectionType":"section","heading":"Requirement to continue to hold determined net financial","content":"54 Requirement to continue to hold determined net financial\nassets\n(1) This regulation applies in relation to a building contractor mentioned\nin section 187 of the Act.\n(2) If the Practitioners Board gives the building contractor a notice\nunder section 25B of the Act, the Board may require the building\ncontractor to give the Board a net assets certificate.\n(3) However, if anything in regulation 39B or 39C is inconsistent with a\nrepealed determination provision, the repealed determination\nprovision prevails to the extent of the inconsistency.\nrepealed determination provision is a provision of a\ndetermination made by the Minister under repealed section 24G of\nthe Act that is relevant to net financial assets required for continued\nregistration of a building contractor.\nrepealed section 24G means section 24G of the Act as in force\nimmediately before the commencement of section 187 of the Act.\n\n","sortOrder":110},{"sectionNumber":"Part 20","sectionType":"part","heading":"Transitional matters for Building Amendment (Wastewater Management","content":"Part 20 Transitional matters for Building Amendment (Wastewater Management\nSystems)\nBuilding Regulations 1993 55\n","sortOrder":111},{"sectionNumber":"Part 19","sectionType":"part","heading":"Transitional matters for Building Amendment","content":"Part 19 Transitional matters for Building Amendment\nRegulations 2015\n","sortOrder":112},{"sectionNumber":"55","sectionType":"section","heading":"Report or consent of Work Health Authority not required","content":"55 Report or consent of Work Health Authority not required\n(1) This regulation applies in relation to an application for a building\npermit or an occupancy permit:\n(a) that was made before the commencement; and\n(b) where, as at the commencement, the building certifier had not\ndecided the application; and\n(c) where, before the commencement, a report (the report) about\nthe building work was required in relation to the work from the\nWork Health Authority before the application could be decided.\n(2) The building certifier may determine the application without\nreceiving the report.\ncommencement means the commencement of the Building\nAmendment Regulations 2015.\nWork Health Authority, see section 4(1) of the Work Health\nAdministration Act 2011.\nPart 20 Transitional matters for Building Amendment\n(Wastewater Management Systems)\n","sortOrder":113},{"sectionNumber":"56","sectionType":"section","heading":"Transitional matters for wastewater management systems","content":"56 Transitional matters for wastewater management systems\n(1) Regulation 4(1)(c), as in force immediately before the\ncommencement, continues to apply to plumbing and drainage work\n(including the design of the work) that was started before the\ncommencement.\n(2) Despite subregulation (1), the building practitioner and the owner of\nthe building or land on which the plumbing and drainage work is\nbeing carried out may agree to have the work carried out in\naccordance with regulation 4(1)(c), as in force after the\ncommencement, if:\n(a) a building permit is not granted before the\ncommencement; and\n\nPart 21 Transitional matter for Building Legislation Amendment (Consumer\nProtection) Regulations 2026\nBuilding Regulations 1993 56\n(b) a building certifier has not certified in writing that substantial\nprogress was made on the design before the commencement.\ncommencement means the commencement of regulation 4 of the\nBuilding Amendment (Wastewater Management Systems)\nRegulations 2021.\nplumbing and drainage work, see regulation 4A(2).\nNote for regulation 56\nSection 51 of the Act applies if a building permit was granted before the\ncommencement or a building certifier has certified that substantial progress was\nmade on the design before the commencement.\nPart 21 Transitional matter for Building Legislation\nAmendment (Consumer Protection)\nRegulations 2026\n","sortOrder":114},{"sectionNumber":"57","sectionType":"section","heading":"Minimum value of building work","content":"57 Minimum value of building work\n(1) Despite the amendment of regulations 41E, 41J and 41P by the\namending Regulations, those regulations, as in force immediately\nbefore the commencement, continue to apply in relation to building\nwork that commenced or was carried out before the\ncommencement.\n(2) In this section:\namending Regulations means Part 3 of the Building Legislation\nAmendment (Consumer Protection) Regulations 2026.\ncommencement means 30 March 2026.\n\nBuilding Regulations 1993 57\nregulation 2A\n1 In relation to the registration of a building\npractitioner (other than a building contractor):\n(a) for an application under section 23 of the\nAct\n(b) for registration under section 24 of the Act\n2 In relation to the registration of a building\ncontractor:\n(a) for an application under section 24A of the\nAct\n(b) for registration under section 24B of the\nAct:\n(i) if the applicant is not already\nregistered in a category of building\ncontractor\n(ii) if the applicant is already registered\nin a category of building contractor\nnil\n","sortOrder":115},{"sectionNumber":"3","sectionType":"section","heading":"In relation to the renewal of the registration of a","content":"3 In relation to the renewal of the registration of a\nbuilding practitioner (other than a building\ncontractor):\n(a) for an application under section 24E of the\nAct\n(b) for renewal under section 24EA of the Act\n","sortOrder":116},{"sectionNumber":"3A","sectionType":"section","heading":"In relation to the renewal of the registration of a","content":"3A In relation to the renewal of the registration of a\nbuilding contractor:\n(a) for an application under section 24E of the\nAct\n(b) for renewal under section 24F of the Act\n\nBuilding Regulations 1993 58\n4 For an application for the grant or renewal of an\nowner-builder certificate under section 48E of the\nAct\n5 For carrying out any function by the Director full\nreasonable\ncosts of\nexercising\nthe function\n6 For a search of the register of building permits 5\n7 For a search of the register of occupancy\ncertification\n8 For access to building records maintained by the\n9 For a certified copy of a document under\nsection 166A of the Act or regulation 15(1)(c)\nplus the fee\nfor the copy\nof the\ndocument\npayable\nunder\nitem 10\n10 Copies of building records maintained by the\n– per sheet no larger than A3\n– per sheet larger than A3\n11 For a search of the register of building orders 5\n12 For an appeal to the Building Appeals Board:\n(a) for a Class 1 Building, a Class 2 Building\nnot exceeding 3 residential storeys or a\n(b) for any other Building\n12A For an application to the Appeals Board:\n(a) for a disability access decision about a\nClass 1b building, Class 2 building that\ndoes not exceed 3 residential storeys or\nClass 10 building\n\nBuilding Regulations 1993 59\n(b) for a disability access provision about any\nother building\n1 087\n","sortOrder":117},{"sectionNumber":"12B","sectionType":"section","heading":"For an amendment to an application to the","content":"12B For an amendment to an application to the\nAppeals Board:\n(a) for a disability access decision about a\nClass 1b building, Class 2 building that\ndoes not exceed 3 residential storeys or\nClass 10 building\n(b) relating to a disability access provision\nabout any other building\n271.50\n543.50\n13 For an application (other than an application\nrelating to the modification of Part 9 of the Building\nRegulations 1993 in relation to a Class 1 or Class\n10 Building) to the Building Appeals Board for\nmodification of the Building Regulations 1993 – for\neach modification:\n(a) for a Class 1 Building, a Class 2 Building\nnot exceeding 3 residential storeys or a\n(b) for any other building\n14 For an application to the Building Appeals Board\nrelating to the modification of Part 9 of the Building\nRegulations 1993 in relation to a Class 1 or\n15 For an inspection of a decision of the Building\nAppeals Board\n16 For a copy of a decision of the Building Appeals\nBoard – per page 1\n\nBuilding Regulations 1993 60\nregulation 8\nNorthern Territory Fire\nand Rescue Service\nestablished by the Fire\nand Emergency\nAct 1996\nAny building to be\nclassified as a class 2\nbuilding that has more\nthan three residential\nstoreys and any building\nto be classified as a\nClass 3, 4, 5, 6, 7, 8,\nor 9 building.\nSpecial hazard buildings\nincluding: Aircraft\nHangars; Cotton Mills;\nDistilleries; Film and\ntelevision studios; High\nPile storage warehouses\n(combustible materials);\nBuildings where the\nfollowing materials are\nto be produced, used or\nstored: Celluloid Goods;\nFire works;\nFibre glass products;\nFoam Rubber;\nFoam Plastics;\nChemicals;\nPaint, varnish;\nWoodwool.\nEmergency vehicle\nareas and clear space\naround large isolated\nbuildings. Fire fighting\nequipment. Smoke\ncontrol. Emergency\nlighting, exit signs and\nwarning devices.\nMaintenance and\ntestings of fire\nsuppression equipment.\nHeating appliances, fire-\nplaces, chimneys and\nflues. Fire and smoke\ncontrol systems in\nbuildings containing\natriums. Smoke control\nsystems for theatres.\nChief Health Officer\nappointed under the\nPublic and\nEnvironmental Health\nAct 2011\nSpecial Use Buildings\nincluding: Food\npremises;\nPremises to be used for\nactivities involving Skin\nPenetration;\nMortuaries.\nThose matters relating\nto the registration of the\npremises under relevant\nHealth Legislation.\n\nBuilding Regulations 1993 61\n– to be classified as a\nClass 3 building;\n– to be classified as a\nClass 9a building;\n– to be used a child\nminding facility;\n– to be used for the\npurposes of carrying out\nHairdressing.\nPower and Water\nCorporation established\nby the Power and Water\nCorporation Act 1987\n– requiring connection to\na power, water or\nsewerage main of the\nAuthority;\n– requiring an on site\nelectrical substation;\n– that will encroach on\nthe safety clearances of\nan overhead power-line\nas specified;\n– requiring the\ninstallation of trade\nwaste interceptors or\ndischarge of trade waste\nto the sewer.\nFor consent to connect\nto a power, water or\nsewerage main of the\nAuthority;\napproval of the size and\nlocation of an electrical\nsubstation;\nconsent to any\nencroachment.\nconsent to any\ninterceptor or discharge.\nThe relevant consent\nauthority for a planning\nscheme or interim\ndevelopment control\norder under the\nPlanning Act 1999\nAny building subject to\ncompliance with a\nplanning scheme,\ninterim development\ncontrol order or\ndevelopment permit\nunder the Planning\nAct 1999\nCompliance with the\nplanning scheme,\ninterim development\ncontrol order or\ndevelopment permit.\nAgency having\nresponsibility for roads\nunder the Control of\nRoads Act 1953\n– that will effect a\ndischarge of surface\nwater onto the road;\nor\n– requires any new\nconstruction or new\nalteration to existing\nConsent to:\n– the discharge;\n– the construction or\nalteration within the\nroad reserve\n\nBuilding Regulations 1993 62\nconditions or facilities\nwithin the road reserve.\nCouncil for the local\ngovernment area in\nwhich the building is\nsituated or, if the\nbuilding is not situated\nin a local government\narea, the Agency\nhaving responsibility for\nroads and stormwater\ndrainage.\n– that will effect a\ndischarge of surface\nwater on to the road,\npublic place or adjoining\nproperty; or\n– requiring any new\nconstruction or any\nalteration to existing\nconditions or facilities\nwithin a road reserve.\nConsent to:\n– the discharge;\n– the construction or\nalteration within the\nroad reserve.\nAn independent review\nengineer\nAny building that will be\na significant and\ncomplex building or any\nsignificant and complex\nbuilding work\nThe suitability of the\nfollowing structural\nelements, as proposed\nin design drawings of\nthe building:\n(a) adopted design\nloads;\n(b) load paths;\n(c) primary and\ncritical footings;\n(d) primary and\ncritical columns;\n(e) primary and\ncritical load-\nbearing walls;\n(f) primary and\ncritical shear\nwalls and other\nbracing\nelements;\n(g) primary and\ncritical roof\nbeams and floor\nbeams;\n\nBuilding Regulations 1993 63\n(h) transfer slabs;\n(i) typical\nsuspended slabs.\n\nBuilding Regulations 1993 64\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBuilding Regulations 1993 (SL No. 26, 1993)\nNotified 1 September 1993\nCommenced 1 September 1993\nAmendments of the Building Regulations (SL No. 39, 1993)\nNotified 10 November 1993\nCommenced 10 November 1993\nAmendments of Building Regulations (SL No. 34, 1995)\nNotified 4 October 1995\nCommenced 4 October 1995\nAmendment of Building Regulations (SL No. 26, 1997)\nNotified 7 January 1998\nCommenced 7 January 1998\nAmendments of Building Regulations (SL No. 28, 1998)\nNotified 8 July 1998\nCommenced 8 July 1998\nAmendments of Building Regulations (SL No. 51, 1998)\nNotified 11 November 1998\nCommenced 11 November 1998\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)\nand Gaz S15, 12 April 2000)\nAmendment of Building Regulations (SL No. 15, 2004)\nNotified 28 April 2004\nCommenced 28 April 2004\n\nBuilding Regulations 1993 65\nBuilding Amendment Regulations 2005 (SL No. 38, 2005)\nNotified 19 October 2005\nCommenced 19 October 2005\nBuilding Amendment Regulations (No. 2) 2005 (SL No. 50, 2005)\nNotified 14 December 2005\nCommenced 14 December 2005 ( r 2, s 2 Building Amendment Act 2004\n(Act No. 65, 2004) and Gaz G50, 14 December 2005, p 4)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nBuilding Amendment (Transitional Matters) Regulations (No. 1) 2006 (SL No. 16, 2006)\nNotified 14 June 2006\nCommenced 3 July 2006 (r 3, s 2 Building Amendment Act 2004 (Act\nBuilding Amendment (Builder Declarations) Regulations 2006 (SL No. 17, 2006)\nNotified 14 June 2006\nCommenced 3 July 2006 (r 2, s 2 Building Amendment Act 2004 (Act\nBuilding Amendment (Transitional Matters) Regulations (No. 2) 2006 (SL No. 24, 2006)\nNotified 12 July 2006\nCommenced 3 July 2006 (r 3, s 2 Building Amendment Act 2004 (Act\nBuilding Amendment (Exemption from Inspection) Regulations 2007 (SL No. 2, 2007)\nNotified 7 February 2007\nCommenced 7 February 2007\nLaw Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nFees and Charges Amendment Regulations 2009 (SL No. 34, 2009)\nNotified 14 December 2009\nCommenced 1 January 2010 (r 2)\nBuilding Legislation Amendment Act 2010 (Act No. 22, 2010)\nAssent date 30 June 2010\nCommenced 25 August 2010 (Gaz G34, 25 August 2010, p 7)\n\nBuilding Regulations 1993 66\nBuilding Amendment (Rural Relocation) Regulations 2011 (SL No. 46, 2011)\nNotified 2 November 2011\nCommenced 2 November 2011\nHeritage Act 2011 (Act No. 34, 2011)\nAssent date 15 November 2011\nCommenced 1 October 2012 (Gaz S43, 31 July 2012)\nWork Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act\nNo. 38, 2011)\nAssent date 14 December 2011\nCommenced 1 January 2012 (Gaz S79, 30 December 2011)\nBuilding Amendment (National Construction Code Series) Regulations 2012 (SL No. 36,\n2012)\nNotified 3 August 2012\nCommenced 3 August 2012\nBuilding Amendment (Financial Assets, Residential Building Contracts and Other\nMatters) Regulations 2012 (SL No. 42, 2012)\nNotified 14 December 2012\nCommenced 1 January 2013 (r 2, s 2 Building Amendment (Registration\nand Other Matters) Act 2012 (Act No. 6, 2012) and Gaz S85,\n28 December 2012)\nBuilding Amendment (Building Standards and Other Matters) Regulations 2013 (SL\nNo. 46, 2013)\nNotified 19 December 2013\nCommenced 1 January 2014 (r 2, s 2 Building Amendment (Disability\nAccess and Other Matters) Act 2012 (Act No. 5, 2012) and\nGaz S71, 19 December 2013)\nBuilding Amendment Regulations 2014 (SL No. 27, 2014)\nNotified 1 September 2014\nCommenced 2 September 2014 (Gaz S74, 1 September 2014)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nBuilding Amendment Regulations 2015 (SL No. 21, 2015)\nNotified 9 September 2015\nCommenced 1 November 2015 (r 2)\nBuilding Amendment (Fees) Regulations 2015 (SL No. 27, 2015)\nNotified 4 November 2015\nCommenced 4 November 2015\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nBuilding Regulations 1993 67\nBuilding Legislation Amendment Regulations 2016 (SL No. 13, 2016)\nNotified 29 April 2016\nCommenced 1 May 2016 (r 2, s 2 Building Amendment (Occupancy\nCertification) Act 2016 (Act No. 6, 2016) and Gaz S33,\n29 April 2016)\nBuilding Amendment Regulations 2016 (SL No. 30, 2016)\nNotified 6 July 2016\nCommenced 6 July 2016\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nBuilding Amendment Regulations 2021 (SL No. 3, 2021)\nNotified 28 April 2021\nCommenced 28 April 2021 (no effect – see note 4)\nBuilding Amendment (Wastewater Management Systems) Regulations 2021 (SL No. 4,\n2021)\nNotified 27 May 2021\nCommenced 27 May 2021\nBuilding Amendment Regulations 2021 (SL No. 22, 2021)\nDate made 22 December 2021\nCommenced 31 January 2022 (r 2)\nBuilding Amendment Regulations 2022 (SL No. 17, 2022)\nDate made 22 November 2022\nCommenced 1 May 2023 (r 2)\nBuilding Legislation Amendment Act 2024 (Act No. 1, 2024)\nAssent date 1 March 2024\nCommenced pts 1 and 2: 15 April 2024 (Gaz G8, 11 April 2024, p 1);\nrem: 15 April 2025 (s 2(3))\nLands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)\nAssent date 12 September 2025\nCommenced pt 6: 6 October 2025 (Gaz G20, 2 October 2025, p 1);\nrem: 13 September 2025 (s 2(1))\nBuilding Amendment Regulations 2025 (SL No. 13, 2025)\nDate made 23 October 2025\nCommenced 24 October 2025 (r 2)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\nBuilding Legislation Amendment (Consumer Protection) Regulations 2026 (SL No. 2,\n2026)\nDate made 12 February 2026\nCommenced 30 March 2026 (r 2)\n\nBuilding Regulations 1993 68\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1, 2, 5, 11, 12, 18B, 31, 36,\n36B, 36F and 55 and sch 1, 2 and 3\n4 BUILDING AMENDMENT REGULATIONS 2021\nThe Building Amendment Regulations 2021 (SL No. 3, 2021) were not tabled\nin accordance with section 63(1)(c) of the Interpretation Act 1978 and are\ndeemed to have no effect in accordance with section 63(8) of that Act – the\namendments made by the amendment Regulations are not included in this\nreprint.\n5 LIST OF AMENDMENTS\npt 1 hdg amd No. 46, 2013, r 17\nr 2 amd No. 34, 1995, r 2; No. 26, 1997; No. 15, 2004; No. 50, 2005, r 4; Act\nNo. 22, 2010, s 16; No. 46, 2011, r 3; No. 36, 2012, r 3; No. 42, 2012, r 4;\nNo. 46, 2013, r and 17; Act No. 26, 2020, s 3; No. 22, 2021, r 4; No. 17,\n2022, r 4; Act No. 1, 2024, s 21; Act No. 25, 2025, s 10; No. 13, 2025, r 4\nr 2A ins No. 46, 2013, r 5\nr 3 amd No. 34, 1995, r 2; No. 46, 2011, r 4; No. 46, 2013, r 17\nr 3A ins No. 46, 2011, r 5\nrep No. 42, 2012, r 5\nr 3B ins No. 46, 2011, r 5\npt 2\ndiv 1 hdg ins No. 46, 2013, r 6\nr 4 amd No. 51, 1998, r 1; No. 36, 2012, r 4; No. 46, 2013, r 17;No. 13, 2016,\nr 10; Act No. 26, 2020, s 3; No. 4, 2021, r 4; No. 17, 2022, r 5; Act No. 25,\n2025, s 10\nr 4A ins No. 36, 2012, r 5\namd Act No. 26, 2020, s 3; Act No. 25, 2025, s 10\nr 4AA ins No. 27, 2014, r 4\nexp No. 27 2014, r 4AA(3)\nr 5 amd No. 34, 1995, r 2; No. 38, 2005, r 3; Act No. 44, 2005, s 35\npt 2\ndiv 2 hdg ins No. 46, 2013, r 7\nr 5A ins No. 46, 2013, r 7\nr 5B ins No. 46, 2013, r 7\namd No. 13, 2025, r 15\nr 5C ins No. 46, 2013, r 7\nrr 5D – 5E ins No. 46, 2013, r 7\namd No. 13, 2025, r 15\nr 5F ins No. 46, 2013, r 7\npt 2\ndiv 2A hdg ins No. 46, 2013, r 7\nr 6 amd No. 46, 2013, r 17\nr 8 amd No. 46, 2013, r 17\nr 9 amd No. 22, 2021, r 5\nr 10 amd No. 34, 1995, r 2; No. 46, 2013, r 17\nr 11 amd No. 39, 1993, r 2; Act No. 56, 1999, s 3(2); Act No.34, 2011, s 170;\nNo. 46, 2013, r 17\nr 12 amd No. 34, 1995, r 2; Act No.34, 2011, s 170; No. 46, 2013, r 17\n\nBuilding Regulations 1993 69\nr 12A ins No. 46, 2013, r 8\namd Act No. 26, 2020, s 3\nr 13 amd Act No. 22, 2010, s 17; No. 46, 2013, r 17\nr 14 amd No. 34, 1995, r 2\nsub No. 46, 2013, r 9\npt 2AB hdg ins No. 13, 2025, r 5\nr 15 amd No. 46, 2013, r 17\nsub No. 13, 2025, r 5\npt 2B hdg ins No. 22, 2021, r 6\nrr 15AA ins No. 22, 2021, r 6\nsub No. 50, 2005, r 5; No. 13, 2016, r 4\namd No. 17,2022, r 6; No. 13, 2025, r 15\nr 15AB ins No. 22, 2021, r 6\nsub No. 50, 2005, r 5; No. 13, 2016, r 4; No. 13, 2025, r 6\nr15AC ins No. 22, 2021, r 6\nsub No. 50, 2005, r 5; No. 13, 2016, r 4\npt 3\ndiv 1 hdg ins No. 50, 2005, r 5\nr 15A ins No. 50, 2005, r 5\namd No. 46, 2013, r 17; No. 13, 2016, r 10\nr 16 amd No. 46, 2013, r 17\npt 3\ndiv 2 hdg ins No. 50, 2005, r 6\nrep No. 46, 2013, r 10\nins No. 13, 2016, r 5\nr 16A ins No. 50, 2005, r 6\nrep No. 46, 2013, r 10\npt 3\ndiv 3 hdg ins No. 50, 2005, r 7\nrep No. 13, 2016, r 5\npt 3\nsdiv 1 hdg ins No. 13, 2016, r 5\nr 17 amd No. 13, 2016, r 10; No. 22, 2021, r 7\nr 18 amd No. 34, 1995, r 2\nsub No. 50, 2005, r 8\namd No. 46, 2013, r 17\nrep No. 13, 2016, r 6\nr 18AA ins No. 46, 2013, r 11\namd No. 13, 2016, r 10; Act No. 26, 2020, s 3\nrr 18AB –\n18AC ins No. 13, 2016, r 7\nr 18AD ins No. 13, 2016, r 7\namd No. 13, 2025, r 7\nr 18AE ins No. 13, 2016, r 7\npt 3\nsdiv 2 hdg ins No. 13, 2016, r 7\nr 18A – ins No. 50, 2005, r 8\namd No. 46, 2013, r 12; No. 13, 2016, r 10\nr 18B ins No. 50, 2005, r 8\namd No. 2, 2026, r 14\nr 18C ins No. 50, 2005, r 8\n\nBuilding Regulations 1993 70\npt 3\nsdiv 3 hdg ins No. 13, 2016, r 7\nr 19 amd No. 46, 2013, r 17\nrr 19A – 19C ins No. 13, 2016, r 8\npt 3\nsdiv 4 hdg ins No. 13, 2016, r 8\nrr 19D – 19F ins No. 13, 2016, r 8\nr 20 amd No. 46, 2013, r 17\npt 3\ndiv 4 hdg ins No. 17, 2006, r 4\nr 20A ins No. 17, 2006, r 4\nsub Act No. 22, 2010, s 18\nr 20B ins No. 17, 2006, r 4\nsub Act No. 22, 2010, s 18\nr 20C ins Act No. 22, 2010, s 18\nr 20D ins Act No. 22, 2010, s 18\nr 20E ins Act No. 22, 2010, s 18\nr 20F ins Act No. 22, 2010, s 18\npt 4 hdg amd No. 46, 2013, r 17\nr 21 amd Act No. 22, 2010, s 21; No. 46, 2013, r 17; No. 13, 2016, r 10; No. 13,\n2025, r 15\nr 22 amd No. 46, 2013, r 17\nr 23 amd No. 46, 2013, r 17\nrep Act No. 3, 2026, s 16\nr 24 amd No. 34, 1995, r 2; No. 46, 2013, r 17\nr 25 amd No. 46, 2013, r 17\npt 7 hdg sub No. 46, 2013, r 13\nr 26 amd No. 34, 1995, r 2\nsub No. 46, 2013, r 13\nrr 26A – 26B ins No. 46, 2013, r 13\nr 27 rep Act No. 8, 2016, s 40\nr 28 amd No. 34, 1995, r 2\nsub Act No. 8, 2016, s 40\nr 29 amd No. 34, 1995, r 2; No. 46, 2013, r 17\nr 30 amd No. 46, 2013, r 17\nr 31 amd No. 34, 1995, r 2; Act No. 56, 1999, s 3(2)\nrr 32 – 33 amd No. 46, 2013, r 17\nr 34 amd No. 46, 2013, r 17\nrep No. 13, 2025, r 8\nr 35 amd No. 34, 1995, r 2; Act No. 6, 2008, s 4; No. 46, 2013, r 17\nr 36 amd No. 34, 1995, r 2; Act No. 56, 1999, s 3(2); No. 46, 2013, r 17\npt 9A hdg ins No. 46, 2011, r 6\nr 36A ins No. 46, 2011, r 6\namd No. 30, 2016, r 3; No. 13, 2025, r 9\n\nBuilding Regulations 1993 71\nrr 36B – 36E ins No. 46, 2011, r 6\nr 36F ins No. 46, 2011, r 6\nrep No. 13, 2025, r 10\nr 36G ins No. 46, 2011, r 6\namd No. 13, 2025, r 11\npt 10 hdg rep No. 13, 2025, r 12\nr 37 rep No. 13, 2025, r 12\nrr 38 – 39 amd No. 46, 2013, r 17\nrep No. 13, 2025, r 12\npt 11 hdg amd No. 28, 1998, r 1\nr 39A ins No. 28, 1998, r 2\nsub No. 50, 2005, r 9\namd Act No. 1, 2024, s 22\nr 39B ins No. 28, 1998, r 2\nrep No. 50, 2005, r 9\nins No. 42, 2012, r 6\namd Act No. 1, 2024, s 24\nr 39C ins No. 42, 2012, r 6\namd Act No. 38, 2014, s 2\nr 40 sub No. 50, 2005, r 10\namd No. 42, 2012, r 7;Act No. 1, 2024, s 24\nr 40A ins No. 50, 2005, r 10\nrep No. 42, 2012, r 8\nins No. 46, 2013, r 14\nr 40B ins No. 50, 2005, r 10\nr 41 rep No. 46, 2013, r 15\npt 11A hdg ins No. 50, 2005, r 11\ndiv 1 hdg ins No. 50, 2005, r 11\nr 41A ins No. 50, 2005, r 11\namd Act No. 1, 2024, s 32\nrr 41B – 41C ins No. 50, 2005, r 11\nsub Act No. 1, 2024, s 33\nrr 41CA –\n41CB ins Act No. 1, 2024, s 33\nr 41D ins No. 50, 2005, r 11\namd Act No. 1, 2024, s 24\nr 41E ins No. 50, 2005, r 14\namd Act No. 1, 2024, s 32; No. 2, 2026, r 15\ndiv 2 hdg ins No. 50, 2005, r 11\nr 41F ins No. 50, 2005, r 11\nr 41G ins No. 50, 2005, r 11\namd Act No. 22, 2010, s 19; No. 46, 2011, r 7\nr 41H ins No. 50, 2005, r 11\nsub No. 42, 2012, r 9\nrr 41HA –\n41HC ins No. 42, 2012, r 9\ndiv 2A ins No. 42, 2012, r 9\nrr 41HD –\n41HF ins No. 42, 2012, r 9\nr 41J ins No. 50, 2005, r 11\namd No. 2, 2026, r 16\ndiv 3 hdg ins No. 50, 2005, r 11\nr 41K ins No. 50, 2005, r 11\namd Act No. 22, 2010, s 21\n\nBuilding Regulations 1993 72\nr 41L ins No. 50, 2005, r 11\nr 41M ins No. 50, 2005, r 11\nom Act No. 22, 2010, s 21\npt 11B hdg ins No. 50, 2005, r 12\npt 11B\ndiv 1 hdg ins No. 50, 2005, r 12\nr 41N ins No. 50, 2005, r 12\nr 41P ins No. 50, 2005, r 12\namd No. 2, 2026, r 17\nr 41Q ins No. 50, 2005, r 12\npt 11B\ndiv 2 hdg ins No. 50, 2005, r 12\nr 41R ins No. 50, 2005, r 12\npt 12 hdg ins No. 28, 1998, r 3\nr 42 amd No. 42, 2012, r 11; No. 46, 2013, r 17\nr 43 hdg amd No. 46, 2013, r 17\npt 13 hdg ins No. 16, 2006, r 4\nrr 44 – 47 ins No. 16, 2006, r 4\npt 14 hdg ins No. 24, 2006, r 4\nrr 48 – 49 ins No. 24, 2006, r 4\npt 15 hdg ins No. 2, 2007, r 3\nr 50 ins No. 2, 2007, r 3\npt 16 hdg ins Act No. 22, 2010, s 20\nrr 51 – 52 ins Act No. 22, 2010, s 20\npt 17 hdg ins No. 36, 2012, r 6\nr 53 ins No. 36, 2012, r 6\npt 18 hdg ins No. 42, 2012, r 10\nr 54 ins No. 42, 2012, r 10\npt 19 hdg ins No. 21, 2015, r 4\nr 55 ins No. 21, 2015, r 4\npt 20 hdg ins No. 4, 2021, r 5\nr 56 ins No. 4, 2021, r 5\npt 21 hdg ins No. 2, 2026, r 18\nr 57 ins No. 2, 2026, r 18\nsch 1 hdg sub No. 50, 2005, r 13\nsch 1 amd No. 39, 1993, r 3; No. 50, 2005, r 13\nsub No. 34, 2009, r 13\namd No. 46, 2013, r 16; No. 27, 2015, r 3; No. 13, 2016, r 10; Act No. 1,\n2024, s 23; Act No. 25, 2025, s 10; No. 13, 2025, r 15\nsch 2 hdg amd No. 17, 2022, r 7\nsch 2 amd No. 34, 1995, r 1; No. 51, 1998, r 2; Act No. 44, 2005, s 35; Act No. 6,\n2008, s 4; Act No. 30, 2007, s 59; Act No. 28, 2008, s 4; Act No. 25, 2009,\ns 11; Act No. 38, 2011, s 31; No. 46, 2013, r 17; No. 21, 2015, r 5; Act\nNo. 26, 2020, s 3; No. 22, 2021, r 8; No. 17, 2022, r 7; No. 13, 2025, r 13\nsch 3 hdg amd No. 17, 2022, r 8\nsch 3 amd No. 34, 1995, r 2; No. 46, 2013, r 17\nrep Act No. 3, 2026, s 17\nsch 4 amd No. 34, 1995, r 2; Act No. 22, 2010, s 21\nrep No. 13, 2025, r 14\nsch 5 amd Act No. 44, 2005, s 35\nrep No. 36, 2012, r 7","sortOrder":118}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1993 regulations would have been administered under a single agency structure. The 2025 version explicitly splits responsibility between two separate departments — one for occupational licensing and one for planning/environment — reflecting a restructuring of NT government responsibilities over time. This bifurcation represents a meaningful administrative scope change from the likely original single-agency model."},"complexity_factors":["Split administrative responsibility between two government departments creates potential for jurisdictional ambiguity","The metadata provided does not include the full text of the regulations, limiting assessment of substantive complexity","Regulations interact with an underlying Act (Building Act), requiring readers to cross-reference multiple legislative instruments","Delayed commencement date (roughly 5 months after making) suggests transitional compliance obligations may exist","The '1993' title combined with a 2025 reprint number (REPB002R1) indicates this is a long-standing instrument with accumulated amendments, which can create complexity in tracking current obligations"],"plain_english_summary":"These regulations set the detailed rules for building work in the Northern Territory, covering construction standards, who may carry out building work, and industry licensing and compliance. They affect builders, tradespeople, certifiers, property owners and developers — i.e., anyone building or renovating in the NT. Made 23 Oct 2025 and effective 30 Mar 2026, non‑compliance can bring fines, stop‑work orders or legal/insurance issues."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The instrument's scope has expanded since its original 1993 form through numerous amendments that add substantive regimes and procedural detail. Notable expansions include disability access provisions (Division 2 inserted: rr 5A–5F, ins No.46,2013 r7), independent review requirements for complex buildings (rr 15AA–15AC, ins No.22,2021 r6), detailed building contractor and residential contract rules (Part 11A, regs 41A–41R, ins No.50,2005 r11 and later amds), net assets and PI insurance conditions for practitioners (rr 39B–39C, 40; ins No.42,2012 r6), and consumer‑protection amendments (Part 21, reg 57; Building Legislation Amendment (Consumer Protection) Regulations 2026). These additions broaden regulatory coverage, introduce new compliance costs and cross‑agency interactions (see list of amendments and endnotes)."},"complexity_factors":["Direct adoption and interaction with external technical codes (National Construction Code, Plumbing Code) (reg 4(1); reg 4A(2)) — requires cross‑reference to evolving national standards.","Extensive categories, exceptions and conditional applications (classes of building, 'new part', 'affected part', passenger lift/toilet concessions) that create many carve‑outs (regs 5A–5E).","Detailed procedural timelines and deemed‑reporting rules for reports and certifier decisions (reporting authority deemed report in 10 days — reg 9; certifier decision times reg 10, reg 18AB).","Multiple practitioner and contractor classifications, registration conditions, net assets and insurance requirements (sub‑categories and net assets regs 39A, 39B, 39C, 40).","Prescribed residential contract and payment frameworks (standard progress payments, deposit caps, invoices and dispute resolution limits) creating prescriptive commercial rules (regs 41H, 41HA, 41HE, 41HF).","Broad documentary requirements at multiple stages (permit, occupancy permit, certificates of substantial compliance/existence) with specified supporting certificates and inspections (regs 6, 14, 18B, 19B, 19F).","Independent expert oversight for high‑complexity projects (significant and complex building definitions and independent review engineer requirements — regs 15AA–15AC; Schedule 2 reporting).","Relocation‑specific technical rules (approved Class 1a relocation to rural land, footing, plumbing and structural report requirements — regs 36A, 36C–36G).","Large number of transitional, saving and amendment provisions spanning decades — multiple commencement and savings rules add interpretative burden (Part 12–21; endnotes/list of amendments).","Interplay with other Territory and Commonwealth laws (Planning Act, Heritage Act, Electrical Safety Act, Disability Standards) requiring cross‑agency consents and exemptions (regs 11, 12, 5F, 36A note).","Schedules setting prescribed fees and reporting authorities that allocate costs and decision‑making responsibilities (Schedule 1; Schedule 2; reg 2A; reg 8).","Enforcement, offence and declaration regimes that create criminal/regulatory liability and corporate declaration rules with defences and procedural steps (regs 20B–20F; reg 42)."],"plain_english_summary":"These regulations set out the technical and administrative rules for building work in the Northern Territory. They adopt the National Construction Code and Plumbing Code, prescribe what must be included with permit and occupancy applications, set inspection stages, require practitioner registration and declarations, impose fees and penalties, and nominate reporting authorities. They affect owners, builders, certifiers and contractors by specifying who decides (certifier, Director, reporting authorities), required documents, time limits, financial/insurance conditions and the compliance obligations that trigger permits, inspections or sanctions."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2614},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly from their original 1993 focus on basic building standards and permit administration. The current instrument incorporates detailed consumer protection schemes for residential contracts (deposit limits, progress payments), comprehensive disability access standards with complex concession frameworks, sophisticated practitioner licensing with financial asset testing ($50,000 net asset requirements), building relocation schemes for rural land, independent review mechanisms for complex structures, and extensive transitional machinery for 20+ amendment cycles. The scope now encompasses market regulation and consumer protection well beyond traditional building control."},"complexity_factors":["21 Parts with nested Divisions and Subdivisions creating a highly fragmented structure","Regulation 2 defines approximately 25 technical terms, many incorporating external documents (National Construction Code, Australian Standards like AS1428.1) by reference","Extensive cross-referencing to the Building Act 1993 and other NT legislation including the Planning Act 1999, Heritage Act 2011, and Electrical Safety Act 2022","21 separate transitional Parts (Parts 12-21) managing grandfathering rights and historical amendments spanning over 30 years","Complex conditional logic for building contractor registration with four distinct sub-categories (residential/commercial × restricted/unrestricted) and varying scope permissions","Multiple overlapping exemption schemes (Regulation 3 general exemptions, Division 2 disability access exemptions, and specific concessions for lifts and toilets)","Detailed procedural time limits scattered throughout (e.g., 20 days for permit decisions, 14 days for builder declarations, 10 days for reporting authorities)","Dual-layer regulation for residential building contracts combining financial caps, mandatory stage-based payments, and restrictive dispute resolution provisions"],"plain_english_summary":"**What this is:** These are the detailed rules that govern how buildings must be constructed, modified, and certified in the Northern Territory. They work together with the *Building Act 1993* (the primary law) to set out specific technical and administrative requirements.\n\n**Who it affects:** Anyone involved in building work—homeowners, builders, contractors, architects, engineers, plumbers, building certifiers (the people who approve plans), and owner-builders (people building their own homes).\n\n**What it covers:**\n\n*   **Building Standards:** Adopts the National Construction Code (a national set of technical building rules) and the Plumbing Code. It also sets specific rules for accessibility (Disability Access Standards), requiring buildings to be accessible for people with disabilities, with some exceptions for older buildings or small residential projects.\n\n*   **Getting Approval:** Sets out the paperwork needed for a **building permit** (official approval to start work). This includes detailed drawings and site plans. Building certifiers must decide applications within 20 days. It also specifies mandatory inspection stages (like before pouring concrete footings, before covering wall frames, and final inspection) before a building can be occupied.\n\n*   **Occupancy Certification:** Rules for issuing certificates that allow people to use a building. There are different types: **occupancy permits** (for new work fully complying with the rules), **certificates of substantial compliance** (for work with minor variations), and **certificates of existence** (for older buildings that weren't previously certified).\n\n*   **Who Can Do the Work:** Creates categories of registered **building practitioners**, including building certifiers, engineers (structural, hydraulic, mechanical), plumbers, and building contractors. Contractors must prove they have at least $50,000 in net assets (financial resources) and specific insurance.\n\n*   **Consumer Protection:** Detailed rules for residential building contracts (for home construction over $25,000). These limit deposits to 5% of the total price, mandate standard progress payments (so builders get paid in stages as work is completed), and restrict unfair dispute resolution clauses.\n\n*   **Owner-Builders:** Special rules for people who want to build their own home without a licensed contractor, including a 6-year waiting period before they can sell the property in certain circumstances.\n\n*   **Specific Rules:**\n    *   **Siting:** How close houses can be built to property boundaries (setbacks).\n    *   **Relocating Buildings:** Special permits needed for moving existing houses to rural land, including structural assessments.\n    *   **Complex Buildings:** Requires independent engineering review for significant and complex structures (like large commercial buildings).\n\n*   **Historical Changes:** Contains extensive transitional rules (covering amendments from 2004 through to 2026) that manage how old approvals and ongoing projects are treated when the rules change."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/building-regulations-1993","history":"/api/acts/building-regulations-1993/history","analysis":"/api/acts/building-regulations-1993/analysis","conflicts":"/api/acts/building-regulations-1993/conflicts","importantCases":"/api/acts/building-regulations-1993/important-cases","documents":"/api/acts/building-regulations-1993/documents"}}