Part 31 Interpretation—sch 3

Part 3.1 Interpretation—sch 3 3.1 Definitions—sch 3 (1) In this schedule: defect tolerance, for an element of building work, means the amount stated in the tolerances guide for the element as the amount by which the element may deviate from a stated dimension in the approved plans for the building work, or a result from working out a dimension using a method stated in the tolerances guide, for the element. tolerances guide means the Guide to Standards and Tolerances 2017, as in force from time to time. Note The tolerances guide does not need to be notified under the Legislation Act because s 47 (5) does not apply (see Legislation Act, s 47 (7)). The tolerances guide is accessible at www.fairtrading.nsw.gov.au. (2) For this schedule, approved plans that relate to building work show the dimension of an element of the building work if the dimension of the element can be— (a) worked out geometrically from the drawings in the approved plans; or Schedule 3 Fundamentally noncompliant building work Part 3.1 Interpretation—sch 3 Section 3.1 (b) deduced from diagrammatic information in the approved plans. Examples—s (2) 1 Approved plans show a building’s finished floor level and ceiling height with reference to a national height datum but do not include any other vertical dimensions that refer to a height datum. The plans also show a roof pitched from the ceiling level at a roof slope of 22.5º, rising to a single ridgeline at the uppermost part of the roof. It can be worked out, from the stated horizontal and vertical dimensions and slope, that the top of the ridge must be 5430mm above the finished floor level. Although the plans do not state the level of the top of the roof, the plans show what the level must be. 2 Approved plans show external doors and windows of a building to be approximately in the horizontal centre of the adjacent room wall. The plans do not show horizontal dimensions to locate the doors or windows. The plans are taken to show that the doors and windows must be located approximately in the horizontal centre of the relevant walls even though no dimensions are specified. A door or window wholly left or right of the horizontal centre of the room would not comply with the location shown on the plans. Fundamentally noncompliant building work Schedule 3 Fundamentally noncompliant building work Part 3.2 Part 3.2 Fundamentally noncompliant item element of building work when building work is fundamentally noncompliant 1 horizontal set out of a the building’s set out is more than 10 times the defect tolerance for horizontal set outs stated in the tolerances guide 2 a floor (a) the level of the floor is more than 10 times the defect tolerance for floors stated in the tolerances guide; (b) the total floor area exceeds the total floor area building work by more than 10% 3 external dimensions of a building the external dimensions of the building are more than 10 times the defect tolerance for external dimensions stated in the tolerances guide 4 a room (a) the set out or a dimension of the room is more than 10 times the defect tolerance for rooms stated in the tolerances guide; (b) the number of rooms is more than the number 5 masonry work a tolerance of a masonry component is more than 10 times the defect tolerance for the masonry component stated in the tolerances guide 6 height of a building (a) the top of the building is more than 500mm higher than shown on the approved plans that relate to the building work; (b) the vertical distance from the ground to any point on the building is more than 500mm greater than Schedule 3 Fundamentally noncompliant building work Part 3.2 Fundamentally noncompliant building work item element of building work when building work is fundamentally noncompliant 7 number of storeys of a the number of storeys is more than the number shown on the approved plans that related to the building work 8 number of buildings the number of buildings, residences or units is more than the number shown on the approved plans that relate to the building work 9 useless space in a Note See the example at the end of this table. the approved plans that relate to the building work do not show a use for a space in the building and the space is constructed in a way that it could be reasonably used for human occupation 10 door or window (a) the number of external doors or windows is more than the number shown on the approved plans that relate to the building work (b) a door or window is located in an external wall even though the approved plans that relate to the building work shows no part of a door or window to be located in the wall 11 an enclosure (a) a wall or roof encloses or partly encloses a building or space shown on the approved plans for the building work not to be enclosed or partly enclosed with the wall or roof; (b) a wall or roof has an area of more than 2m² 12 regulated swimming pool pool does not have the fencing or barrier required under the Act to restrict access of young children to pool and immediate pool surrounds Examples—item 9 1 Approved plans show a space between a ceiling and the roof above the ceiling (the roof space) but do not show a use for the roof space. The roof space is constructed in a way that it could reasonably be used as an attic bedroom. 2 Approved plans show a space between the ground and a floor above the ground (the subfloor area) but do not show a use for the subfloor area. The subfloor area is constructed in a way that it could reasonably be used as a home theatre. Reviewable decisions Schedule 4