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* *Item* | *Column 2* *Description of building or building work exempted from building permit and occupancy permit* | *Column 3* *Building regulations that building or building work exempted from* | | 1 | Construction of a freestanding Class 10a building that— (a) has a floor area not exceeding 10 m2; and (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 (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 (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 (e) is not constructed of masonry. **Note** 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— (a) is not constructed of masonry; and (b) does not exceed 40 m2 in floor area; and (c) will not adversely affect the safety of the public or occupiers of the building; and (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**. **Note** This building work may require approval from the Executive Director within the meaning of the **Heritage Act 2017** under that Act. 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— (a) will not adversely affect the structural soundness of the building, and does not include— (i) an increase or decrease in the floor area or height of the building; (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 (c) will not adversely affect the safety of the public or occupiers of the building; and (d) will not adversely affect an essential safety measure relating to the building. **Note** 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. 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— will not adversely affect the structural soundness of the building, and does not include— (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 (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) will not project beyond the street alignment; and (c) will not adversely affect the safety of the public or occupiers of the building; and (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 (e) is not work in relation to, and will not adversely affect, an essential safety measure relating to the building. **Note** 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. 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— (a) construction purposes; or (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)— (a) not exceeding 2 m in height; and (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* *Item* | *Column 2* *Description of building or building work exempted from building permit and occupancy permit* | *Column 3* *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 (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— (a) less than 3 m from a street alignment and does not exceed 1 m in height above ground level; or (b) not less than 3 m from a street alignment and does not exceed— (i) a height of 8 m above ground level; and (ii) 6 m2 in display area. | All Parts | | 13 | Any mast, pole, antenna, aerial or similar Class 10b structure— (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 (b) not attached to a building and which does not exceed a height of 8 m above ground level. | All Parts | | *Column 1* *Item* | *Column 2* *Description of building or building work exempted from building permit and occupancy permit* | *Column 3* *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— (a) is not more than 3⋅6 m in height; and (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 (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 (d) has a floor area not exceeding 20 m2. | Parts 3 to 19 | | 17 | Installation of a wood or solid fuel household heating appliance. **Note** 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* *Item* | *Column 2* *Description of building or building work exempted from building permit and occupancy permit* | *Column 3* *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— (a) the building has a floor area not exceeding 30 m2; and (b) the building is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and (c) the building or building work will not adversely affect the structural soundness of that, or any other building; and (d) the building or building work will not adversely affect the safety of the public or the occupiers of the building; and (e) the building is set back from an allotment boundary not less than 1 m; and (f) the building does not exceed a height of 3⋅6 m; and (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* *Item* | *Column 2* *Description of building or building work exempted from building permit and occupancy permit* | *Column 3* *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— (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 (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— (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 (b) replacement or alteration of posts or footings of the barrier; or (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 (d) an increase or decrease in the length of the barrier, or the size of the area enclosed by the barrier; or (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— (a) the building was substantially damaged or destroyed by an emergency (within the meaning of Part 11A); and (b) the building work is carried out by or on behalf of the State; and (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**. **Notes** 1 This building work may require approval from the Executive Director within the meaning of the **Heritage Act 2017** under that Act. 2 A planning permit may also be required for this building work—see the **Planning and Environment Act 1987**. | All Parts |