236Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities

236 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities

(1) Subject to subregulation (4), if an existing building is to contain a new part that must comply with an access provision, any affected part of the building must be brought into conformity with that access provision.

This provision aligns the operation of these Regulations (which incorporates the BCA Volume One) with the Disability (Access to Premises — Buildings) Standards 2010 of the Commonwealth. The Disability (Access to Premises−Buildings) Standards 2010 apply the requirements of the Access Code contained in those Standards (being building requirements relating to access to buildings and associated facilities and services for persons with a disability), not only to new parts of buildings but also to the affected parts of buildings that contain new parts. Affected parts of buildings may be in buildings that pre-date the commencement on 1 May 2011 of the access provisions in the BCA Volume One or they may be in buildings constructed after 1 May 2011.

(2) An access provision that was not in force immediately before 1 May 2011 does not apply to building work carried out under a building permit in respect of which an application was made before 1 May 2011, whether the permit was issued before or after 1 May 2011.

(3) Despite anything to the contrary in the BCA Volume One, an access provision does not apply to—

(a) a new part of an existing Class 1b building if the Class 1b building—

(i) has less than 4 bedrooms that are used for rental accommodation; and

(ii) was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or

(b) a new part of an existing Class 2 building if the Class 2 building was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or

(c) the internal parts of a sole-occupancy unit in a Class 2 building; or

(d) a Class 4 building; or

(e) a Class 10 building or a new part of a Class 10 building that is associated with—

(i) a Class 1a building; or

(ii) a Class 4 part of a building.

(4) Despite anything to the contrary in the BCA Volume One and subject to regulation 234—

(a) an access provision does not apply to an affected part of an existing building if—

(i) parts of the existing building are leased to different persons; and

(ii) one of the persons is responsible for building work to be carried out in respect of the new part of the building; and

(iii) the new part of the building is leased to that person; and