71Works on or around building line

71 Works on or around building line

(1)  In this section –

| building line, in relation to a public street, means – | | (a) a line determined by a by-law or planning instrument – | | (i) as a building line; or | | (ii) as a building set-back; or | | (b) if a line is not so determined, a line which is – | | (i) 18 metres from the centre of a highway or a public street that is not within a city or town; or | | (ii) 9 metres from the middle of a public street, other than an alley, that is within a city or town; | | public street has the same meaning as in the Traffic Act 1925. |

(2)  A person must not erect a building between the building line and the boundary of a public street.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.

(3)  For the purpose of determining fire protection requirements under the National Construction Code, the area between the building line and the boundary of a public street is not a fire source feature under the National Construction Code if buildings do not, and cannot lawfully, exist in that area.