Div 7General 147

Division 7—General 147 147ZL Relevant council's actions following transfer of land containing a registered swimming pool or registered spa 147 147ZM Relevant council to provide information from register to the Authority 148 Part 10—Designation of special areas for building work 149 148 Mapping of designated special areas 149 149 Alteration to and creation of designated special area 149 150 Termite risk areas 149 151 Construction in termite risk areas 150 152 Significant snowfall areas 150 153 Report and consent for building in areas liable to flooding 150 154 Report and consent for construction on designated land or designated works 152 Part 11—Bushfire safety 153 Division 1—Construction in designated bushfire prone areas 153 156 Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit 153 157 Relevant building surveyor must accept bushfire attack level of 12·5 154 Division 2—Requirements for buildings replacing buildings destroyed in the 2009 bushfires 155 159 Application of this Division 155 160 Static water supply for fire fighting purposes 155 161 Access for emergency vehicles 157 162 Report and consent required for non-complying static water supply and access 159 Division 3—Private bushfire shelters 159 163 Application of this Division 159 164 Private bushfire shelter construction requirements 159 165 Private bushfire shelter performance requirements—performance solutions 160 166 Private bushfire shelter maintenance and operation 161 Part 11A—Emergency provisions 162 Division 1—Definition in this Part 162 166AA Definition of *emergency* 162 Division 2—Emergency accommodation buildings 163 166A Definitions in this Division 163 166B Meaning of emergency accommodation building 164 166C Intended occupier must notify the relevant council of intended occupation of emergency accommodation building 165 166D Occupation of emergency accommodation building prohibited before notified commencement date 166 166E Municipal building surveyor may inspect emergency accommodation building 166 166F Requirements for emergency accommodation buildings 166 166G Exemption from certain requirements for emergency accommodation buildings 167 166H Occupation of emergency accommodation building prohibited unless building complies with the Act and these Regulations 170 Division 3—Exemption from the building permit levy for emergency recovery 170 166I Definition in this Division 170 166J Rebuilding of a dwelling destroyed in an emergency exempt from building permit levy 170 166K Refund of building permit levy relating to rebuilding of a dwelling destroyed in an emergency 171 Part 12—Inspections, notices and orders, and register of powers of entry 172 Division 1—Inspections and directions 172 167 Prescribed mandatory notification stages for construction or alteration of building 172 168 Prescribed mandatory notification stages for demolition or removal of building 172 169 Prescribed mandatory notification stages for construction of swimming pool or spa 173 170 Omission of irrelevant mandatory notification stage 173 171 Building permit must specify mandatory notification stages 173 172 Building surveyor must cause fire and smoke resisting building elements to be inspected 174 173 Record of inspection of building work 175 174 Prescribed persons carrying out inspections 175 175 Relevant building surveyor to keep and make available directions to fix building work 176 176 Person to whom authorised person must give documents under section 37J of the Act 176 Division 2—Notices and orders 177 177 Emergency orders 177 178 Form of emergency orders 177 179 Building notices 178 180 Form of building notice 178 181 Building orders 178 182 Form of building orders 179 182A Additional information in order or notice served in accordance with section 236(4A) of the Act 179 Division 3—Powers of entry 180 183 Register of exercise of powers of entry 180 Part 13—Occupancy permits and certificates of final inspection 183 Division 1—General 183 184 Application of Part 183 185 Exemptions from occupancy permit 183 Division 2—Applications for occupancy permit 183 186 Application for occupancy permit 183 187 Reporting authorities for occupancy permit 184 188 Time limits for application to be given to reporting authority 185 189 Time limits relating to the report or consent of reporting authorities 185 190 Time within which relevant building surveyor must decide application for occupancy permit 186 191 Time within which municipal building surveyor must decide application to amend occupancy permit 186 Division 3—Occupancy permits 187 192 Form of occupancy permit 187 193 Relevant building surveyor to provide copy of permit 187 194 Occupancy permit must specify essential safety measures and related requirements 187 195 Condition on occupancy permit 188 196 Compliance with AS 1851—2012 taken to be compliance with earlier standards 189 Division 4—Display and inspection requirements for occupancy permits 190 197 Display of occupancy permit at approved location 190 198 Approved location for display of permit 190 199 Owner to make permit available for inspection 191 Division 5—Certificates of final inspection 191 200 Form of certificate of final inspection 191 201 Relevant building surveyor to notify chief officer of issue of certificates of final inspection 191 Division 6—Records 192 202 Keeping of occupancy permit records 192 203 Documents to be given to council 193 204 Prescribed time to give council other documents 194 205 Information to be supplied to council 195 Part 14—Places of public entertainment 196 206 Prescribed classes of buildings or places 196 207 Prescribed temporary structures 197 208 Exemption from permit for temporary structures 197 209 Prescribed place of public entertainment 198 210 Conditions on occupancy permits 198 211 Safety officer qualifications 199 212 Structural design of prescribed temporary structures 199 Part 15—Maintenance of buildings and places of public entertainment 200 Division 1—Maintenance of essential safety measures 200 Subdivision 1—General 200 213 Application of this Division 200 214 Definitions in this Division 200 Subdivision 2—Maintenance determinations 201 215 Maintenance determinations for essential safety measures in buildings and places of public entertainment 202 216 Owner must comply with maintenance determination 203 217 Compliance with AS 1851—2012 taken to be compliance with earlier standards 203 Subdivision 3—Maintenance schedules 204 218 Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment 204 219 Owner of building or place of public entertainment may apply for maintenance schedule 205 220 Building surveyor may prepare maintenance schedule 205 221 Building surveyor must give owner copy of maintenance schedule 206 222 Maintenance schedules 206 Subdivision 4—Reporting and records 207 223 Owner must prepare annual essential safety measures report 207 224 Contents and form of annual essential safety measures report 208 225 Records relating to essential safety measures must be made available 209 226 Maintenance responsibility of owner of building or place of public entertainment 210 227 Essential safety measures not to be removed from approved locations 211 Division 2—Maintenance of exits and paths of travel relating to buildings or places of public entertainment 211 228 Maintenance of exits and paths of travel by occupiers of buildings or places of public entertainment 211 Part 16—Existing buildings 212 Division 1—Change of use of existing buildings 212 229 Change of use 212 230 Private building surveyor may exercise functions of municipal building surveyor under regulation 229 213 Division 2—Subdivision of existing buildings 213 231 Subdivision of existing building 213 232 Private building surveyor may exercise functions of municipal building surveyor under regulation 231 214 Division 3—Alterations 214 233 Alteration to existing building 214 234 Alterations affecting exits and paths to exits 215 235 Extension of non-complying external wall 216 236 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities 216 Division 4—General 220 237 Small live music venue classification 220 Part 17—Building product accreditation 222 Division 1—Definitions 222 238 Definitions 222 Division 2—Accreditation persons and bodies 222 239 Prescribed persons and bodies to accredit building products 222 240 Definition of Certificate of Accreditation in the BCA 222 Division 3—Accreditation by Committee 223 241 Application of Division 223 242 Application for accreditation 223 242A Application for renewal of accreditation 224 242AB Application for variation of accreditation 225 242B Refusal to accredit, renew or vary an accreditation 226 243 Information in application to remain confidential 227 244 Accreditation application fees 228 244A Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation 228 245 Issue or re-issue of a certificate of accreditation 229 246 Revocation of accreditation 230 247 Holder may request revocation of accreditation 231 248 Notice of revocation of accreditation 231 249 Accreditation ceases to have effect on revocation 232 250 Offence to falsely claim product accredited 232 Division 4—Register and records 232 251 Register of accredited products 232 252 Records 234 Division 5—Exemptions relating to accreditation of building products by prescribed persons and bodies 235 253 Exemption relating to register of accredited products 235 253A Exemption from transitional provisions for building products accredited on or after 1 January 2019 235 253B Exemption from transitional provisions for building products accredited before 1 January 2019 235 Part 18—Building practitioners 236 Division 1—Registration 236 254 Information to accompany application for registration 236 255 Certificate of registration 237 256 Condition of registration 238 256A Authority to be advised of nominee director changes 238 Division 1A—Register of Building Practitioners 239 256B The Register of Building Practitioners 239 256C Publication of information on Register of Building Practitioners 240 Division 2—Prescribed qualifications and classes of building practitioner and prescribed work 242 257 Prescribed classes of building practitioner 242 258 Prescribed qualifications 242 259 Building surveyor work 243 260 Building inspector work 243 261 Domestic builder work 243 Division 3—Requirements for advertising and written statements 244 262 Advertisements or written statements by registered building practitioners 244 263 Advertisements or written statements by partnerships 244 Division 3A—Probity and discipline 244 263A Authority must be notified of probity matters 244 263B Grounds for disciplinary action 248 263C Grounds for immediate suspension 248 Division 4—General 248 264 Notice of suspension or cancellation of registration 248 265 Professional standards 249 266 Duplicate certificate fee 249 267 Period for which private building surveyor may not act 249 Division 5—Exemptions for certain building practitioners 249 268 Relevant building surveyor exempt from section 24A in relation to certain types of building work 249 269 Relevant building surveyor exempt from section 24(6) and (7) of the Act in relation to certain building permit applications 250 269A Relevant building surveyor exempt from certain requirements in section 24A(1) of the Act in relation to issuing certain building permits 250 269B Certain persons exempt from section 169F(1) of the Act 251 Part 19—Appeals and reviews 252 271 Appeal periods 252 272 Appeal, referral and application fees 256 273 Fees for fast track appeals 259 274 Refund of fees by Authority 259 274A Exemptions to pay fees under this Part 259 275 Review period 260 Part 20—Infringement notices 261 276 Authorised officers 261 277 Prescribed offences 261 278 Prescribed penalties 261 Part 21—Exemptions 262 279 Exemptions from building regulations 262 280 Exemption for Class 10 buildings on farm land 262 281 Exemptions relating to building surveyors for certain buildings 262 281A Exemption from certain fees 264 281B Exemption from building permit levy for building work relating to social housing 265 281C Refund of certain building permit levy 267 281D Authority is exempted from calculation and notification requirements 268 281E Exemption from certain fees payable to the Authority under these Regulations 268 Part 22—Transitional and savings provisions 269 283 Registration of building practitioners not affected by revocation of Building Interim Regulations 2017 269 284 Domestic builder (manager) 269 285 Appointment of private building surveyor 270 Schedule 1—Revocations 272 Schedule 2—Duties and responsibilities of an owner-builder 273 Schedule 3—Exemptions for building work and buildings 275 Schedule 4—Forms 285 Schedule 5—Prescribed matters reported on by prescribed reporting authorities 373 Schedule 6—Planning schemes 377 Schedule 7—Planning schemes applying to allotments containing homes destroyed in the 2009 bushfires 387 Schedule 8—Essential safety measures 388 Schedule 9—Prescribed classes of building practitioners and prescribed qualifications 393 Schedule 10—Work authorised to be carried out by a registered building surveyor 438 Schedule 11—Work authorised to be carried out by a registered building inspector 441 Schedule 12—Domestic building work authorised to be carried out by registered domestic builders 443 Schedule 13—Planning schemes that have an approved infrastructure contributions plan 451 ════════════ Endnotes 452 1 General information 452 2 Table of Amendments 454 3 Explanatory details 457 **Version No.** **028** **Building Regulations 2018** **S.R. No. 38/2018** Version incorporating amendments as at Part 1—Preliminary Division 1—Introduction 1 Objectives The objectives of these Regulations are— (a) to remake with amendments the regulations which control the design, construction and use of buildings and places of public entertainment; and (b) to prescribe standards for the construction and demolition of buildings; and (c) to prescribe standards of safety for places of public entertainment; and (d) to regulate matters relating to the use and maintenance of buildings and places of public entertainment; and Reg. 1(e) substituted by S.R. No. 132/2023 reg. 4. (e) to prescribe requirements for the design, siting and access requirements for single dwellings and associated buildings and for small second dwellings; and (f) to prescribe standards and matters relating to the maintenance of fire safety and safety measures; and Reg. 1(g) substituted by S.R. No. 116/2019 reg. 5. (g) to prescribe requirements for swimming pools and spas including— (i) swimming pool and spa safety; and (ii) registration of swimming pools and spas; and (iii) inspection of swimming pools and spas; and (iv) prescribing maximum fees relating to the registration of, lodgement of documents and information searches relating to, swimming pools and spas; and (h) to provide for matters relating to the accreditation of building products, construction methods, designs, components and systems connected with building work; and (i) to prescribe qualifications and provide for other matters relating to registration of building practitioners; and (j) to prescribe fees in relation to matters before the Building Appeals Board, the Authority and the Building Regulations Advisory Committee; and (k) to provide for other matters for the purposes of the **Building Act 1993**.