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Building Regulations 2018
Sch 3Exemptions for building work and buildings
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Schedule 3—Exemptions for building work and buildings
Regulations 23, 185, 279
| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |
| 1 | Construction of a freestanding Class 10a building that—<br>(a) has a floor area not exceeding 10 m2; and<br>(b) is no more than 3 m in height or, if situated within 1 m of a boundary, is no more than 2⋅4 m in height; and<br>(c) if appurtenant to a building of another Class on the same allotment, is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and<br>(d) if it is not appurtenant to a building of another Class on the same allotment, is the only Class 10a building on the allotment and is set back at least 9 m from the front street alignment and at least 2 m from each side street alignment; and<br>(e) is not constructed of masonry.<br>**Note**<br>The consent of a service authority may be required to construct a Class 10a building 10 m2 or less in an area over an easement vested in that authority under another Act or within 1 m laterally of any works of a water supply authority. | All Parts |
| 2 | Demolition of a freestanding Class 10 building that—<br>(a) is not constructed of masonry; and<br>(b) does not exceed 40 m2 in floor area; and<br>(c) will not adversely affect the safety of the public or occupiers of the building; and<br>(d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the **Heritage Act 2017**.<br>**Note**<br>This building work may require approval from the Executive Director within the meaning of the **Heritage Act 2017** under that Act.<br>Certain building work that does not require a building permit may require a planning permit under the **Planning and Environment Act 1987**. | All Parts |
| 3 | Repair, renewal or maintenance of a part of an existing building, if the building work—<br>(a) will not adversely affect the structural soundness of the building, and does not include—<br>(i) an increase or decrease in the floor area or height of the building;<br>(ii) underpinning or replacement of footings; or | All Parts |
| | (iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and | |
| | (b) is done using materials commonly used for the same purpose as the material being replaced; and<br>(c) will not adversely affect the safety of the public or occupiers of the building; and<br>(d) will not adversely affect an essential safety measure relating to the building.<br>**Note**<br>Certain building work that does not require a building permit may require a planning permit under the **Planning and Environment Act 1987** or may be in a heritage overlay and be required to be maintained using particular materials.<br>If the contract price for the carrying out of domestic building work is more than $5000 (or any higher amount fixed by the regulations made under the **Domestic Building Contracts Act 1995**), the builder is required to enter into a major domestic building contract with the owner under the **Domestic Building Contracts Act 1995**. | |
| 4 | Alterations to a building, if the building work—<br>will not adversely affect the structural soundness of the building, and does not include—<br>(i) an increase or decrease in the floor area or height of the building; or | Parts 3 to 19 |
| | (ii) underpinning or replacement of footings; or<br>(iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and<br>(b) will not project beyond the street alignment; and<br>(c) will not adversely affect the safety of the public or occupiers of the building; and<br>(d) is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the **Heritage Act 2017**; and<br>(e) is not work in relation to, and will not adversely affect, an essential safety measure relating to the building.<br>**Note**<br>Certain building work that does not require a building permit may require a planning permit under the **Planning and Environment Act 1987** or may be in a heritage overlay and be required to be maintained using particular materials.<br>If the contract price for the carrying out of domestic building work is more than $5000 (or any higher amount fixed by the regulations made under the **Domestic Building Contracts Act 1995**), the builder is required to enter into a major domestic building contract with the owner under the **Domestic Building Contracts Act 1995**. | |
| 5 | Any building that is not of a Class listed in clauses A6G2 to A6G11 of the BCA Volume One and clauses A6G2 to A6G11 of the BCA Volume Two. | All Parts |
| 6 | A building used only temporarily for the duration of building work for—<br>(a) construction purposes; or<br>(b) display purposes. | All Parts |
| 7 | Temporary structures other than those to which regulation 207, item 20 or item 21 applies. | All Parts |
| 8 | A swimming pool or spa that is not capable of containing water to a depth of greater than 300 mm. | All Parts |
| 10 | A fence (other than a fence forming part of a safety barrier for a swimming pool or spa or a fence forming part of an outdoor play space associated with a children's service)—<br>(a) not exceeding 2 m in height; and<br>(b) not exceeding 1⋅5 m in height when within 3 m of a street (which is not a lane, footway, alley or right of way) alignment and which is not constructed of masonry, concrete or similar material; and | All Parts except reg. 89(1) and Schedule 6 |
| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |
| | (c) not exceeding 1⋅2 m in height when within 3 m of a street (which is not a lane, footway, alley or right of way) alignment and which is constructed of masonry, concrete or similar material; and<br>(d) not exceeding 1 m in height above the footpath when within 9 m of a point of intersection of street alignments. | |
| 11 | A chain wire fence surrounding a tennis court. | All Parts |
| 12 | A Class 10b structure constructed for the purpose of displaying a sign if that structure is—<br>(a) less than 3 m from a street alignment and does not exceed 1 m in height above ground level; or<br>(b) not less than 3 m from a street alignment and does not exceed—<br>(i) a height of 8 m above ground level; and<br>(ii) 6 m2 in display area. | All Parts |
| 13 | Any mast, pole, antenna, aerial or similar Class 10b structure—<br>(a) attached to a building and which does not exceed a height of 3 m above the highest point of the attachment to the building; or<br>(b) not attached to a building and which does not exceed a height of 8 m above ground level. | All Parts |
| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |
| 14 | Any facility (within the meaning of paragraph (b) of the definition of ***facility*** in section 7 of the Telecommunications Act 1997 of the Commonwealth) and construction or demolition of such a facility by a carrier (within the meaning of that section). | Parts 3 to 19 except Part 5 |
| 15 | Any retaining wall less than 1 m in height that is not associated with other building work or with protection of adjoining property. | Parts 3 to 19 except regulation 119 |
| 16 | A pergola that—<br>(a) is not more than 3⋅6 m in height; and<br>(b) in the case of a pergola that is appurtenant to a Class 1 building, is located no further forward on the allotment than 2·5 m forward of the front wall of that building; and<br>(c) in any other case, is located no further forward on the allotment than the front wall of that building to which it is appurtenant; and<br>(d) has a floor area not exceeding 20 m2. | Parts 3 to 19 |
| 17 | Installation of a wood or solid fuel household heating appliance.<br>**Note**<br>Installation of a wood or solid fuel burning heater is plumbing work and must be carried out by a licensed plumber. | Parts 3 to 19 |
| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |
| 18 | A relocatable building that is a movable unit within the meaning of the **Housing Act 1983** that is constructed for a community service and is to be used or intended to be used to provide temporary accommodation on a non-profit basis if—<br>(a) the building has a floor area not exceeding 30 m2; and<br>(b) the building is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and<br>(c) the building or building work will not adversely affect the structural soundness of that, or any other building; and<br>(d) the building or building work will not adversely affect the safety of the public or the occupiers of the building; and<br>(e) the building is set back from an allotment boundary not less than 1 m; and<br>(f) the building does not exceed a height of 3⋅6 m; and<br>(g) the building work will not involve construction over an easement vested in a service authority from whom a report and consent is required under regulation 130. | Parts 3 to 19 |
| *Column 1*<br>*Item* | *Column 2*<br>*Description of building or building work exempted from building permit and occupancy permit* | *Column 3*<br>*Building regulations that building or building work exempted from* |
| 19 | A relocatable building used as a school or TAFE institute within the meaning of the **Education and Training Reform Act 2006** if—<br>(a) the building has a floor area not exceeding 300 m2; and | Parts 3 to 19 |
| | (b) the building or building work will not adversely affect the structural soundness of that, or any other building; and<br>(c) the building or building work will not adversely affect the safety of the public or the occupiers of the building. | |
| 20 | Assembling, erecting or installing a relocatable swimming pool or a relocatable spa. | Parts 3 to 9, 10 to 19 |
| 21 | Assembling, erecting or installing a swimming pool or spa barrier that is relocatable around a relocatable swimming pool or relocatable spa. | Parts 3 to 9, 10 to 19 |
| 22 | Replacement or alteration of any part of a barrier for a swimming pool or spa if the building work is being carried out to rectify the non-compliance of the barrier with the applicable barrier standard identified in an inspection carried out by a swimming pool and spa inspector unless the building work involves—<br>(a) replacement or alteration of sections, parts or components of the barrier that when combined, comprise more than 50% of the existing length of the barrier; or<br>(b) replacement or alteration of posts or footings of the barrier; or<br>(c) the use of materials in the barrier that are not commonly used for the same purpose as the material being replaced in the barrier; or<br>(d) an increase or decrease in the length of the barrier, or the size of the area enclosed by the barrier; or<br>(e) replacement or alteration of any part of a retaining wall that forms part of the barrier. | Parts 3 to 9, 10 to 19 |
| 23 | Building work for or in connection with the demolition or removal of a building if—<br>(a) the building was substantially damaged or destroyed by an emergency (within the meaning of Part 11A); and<br>(b) the building work is carried out by or on behalf of the State; and<br>(c) the work is not carried out on, or in connection with, a place included on the Heritage Register within the meaning of the **Heritage Act 2017**.<br>**Notes**<br>1 This building work may require approval from the Executive Director within the meaning of the **Heritage Act 2017** under that Act.<br>2 A planning permit may also be required for this building work—see the **Planning and Environment Act 1987**. | All Parts |