sec.246OProhibitions or requirements that have limited or no force or effect

### sec.246O Prohibitions or requirements that have limited or no force or effect This section applies to a relevant instrument that, but for this section, would have the effect of— prohibiting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or prohibiting— the use in a prescribed building of a window that is energy efficient; or the treatment of a window in a prescribed building to ensure the window is energy efficient; or requiring— a minimum floor area for a class 1a building, but not a minimum frontage unless the requiring of a minimum frontage has the effect of construction of a less energy efficient building; or a minimum number of bathrooms or bedrooms for a class 1a building; or a class 1a building or an enclosed class 10a building attached to a class 1a building to be orientated on a parcel of land in a particular way, if orientating the building in the particular way would have the effect of construction of a less energy efficient building; or prohibiting the installation of a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building. For a prohibition or requirement mentioned in subsection (1) (a) to (c) , the relevant instrument has no force or effect to the extent of the prohibition or requirement. For a prohibition mentioned in subsection (1) (d) , the relevant instrument has force or effect only to the extent— the prohibition applies to the roof or other external surface that is common property of the prescribed building; and the prohibition— is necessary to preserve the building’s structural integrity; or if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or if the prohibition relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building. s 246O ins 2009 No. 51 s 29 amd 2010 No. 21 s 11 ; 2022 No. 11 s 17 (sec.246O-ssec.1) This section applies to a relevant instrument that, but for this section, would have the effect of— prohibiting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or prohibiting— the use in a prescribed building of a window that is energy efficient; or the treatment of a window in a prescribed building to ensure the window is energy efficient; or requiring— a minimum floor area for a class 1a building, but not a minimum frontage unless the requiring of a minimum frontage has the effect of construction of a less energy efficient building; or a minimum number of bathrooms or bedrooms for a class 1a building; or a class 1a building or an enclosed class 10a building attached to a class 1a building to be orientated on a parcel of land in a particular way, if orientating the building in the particular way would have the effect of construction of a less energy efficient building; or prohibiting the installation of a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building. (sec.246O-ssec.2) For a prohibition or requirement mentioned in subsection (1) (a) to (c) , the relevant instrument has no force or effect to the extent of the prohibition or requirement. (sec.246O-ssec.3) For a prohibition mentioned in subsection (1) (d) , the relevant instrument has force or effect only to the extent— the prohibition applies to the roof or other external surface that is common property of the prescribed building; and the prohibition— is necessary to preserve the building’s structural integrity; or if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or if the prohibition relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building. - (a) prohibiting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or - (b) prohibiting— (i) the use in a prescribed building of a window that is energy efficient; or (ii) the treatment of a window in a prescribed building to ensure the window is energy efficient; or - (i) the use in a prescribed building of a window that is energy efficient; or - (ii) the treatment of a window in a prescribed building to ensure the window is energy efficient; or - (c) requiring— (i) a minimum floor area for a class 1a building, but not a minimum frontage unless the requiring of a minimum frontage has the effect of construction of a less energy efficient building; or (ii) a minimum number of bathrooms or bedrooms for a class 1a building; or (iii) a class 1a building or an enclosed class 10a building attached to a class 1a building to be orientated on a parcel of land in a particular way, if orientating the building in the particular way would have the effect of construction of a less energy efficient building; or - (i) a minimum floor area for a class 1a building, but not a minimum frontage unless the requiring of a minimum frontage has the effect of construction of a less energy efficient building; or - (ii) a minimum number of bathrooms or bedrooms for a class 1a building; or - (iii) a class 1a building or an enclosed class 10a building attached to a class 1a building to be orientated on a parcel of land in a particular way, if orientating the building in the particular way would have the effect of construction of a less energy efficient building; or - (d) prohibiting the installation of a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building. - (i) the use in a prescribed building of a window that is energy efficient; or - (ii) the treatment of a window in a prescribed building to ensure the window is energy efficient; or - (i) a minimum floor area for a class 1a building, but not a minimum frontage unless the requiring of a minimum frontage has the effect of construction of a less energy efficient building; or - (ii) a minimum number of bathrooms or bedrooms for a class 1a building; or - (iii) a class 1a building or an enclosed class 10a building attached to a class 1a building to be orientated on a parcel of land in a particular way, if orientating the building in the particular way would have the effect of construction of a less energy efficient building; or - (a) the prohibition applies to the roof or other external surface that is common property of the prescribed building; and - (b) the prohibition— (i) is necessary to preserve the building’s structural integrity; or (ii) if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or (iii) if the prohibition relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building. - (i) is necessary to preserve the building’s structural integrity; or - (ii) if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or - (iii) if the prohibition relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building. - (i) is necessary to preserve the building’s structural integrity; or - (ii) if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or - (iii) if the prohibition relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building.