12Prescribed classes or types of building—building work

12 Prescribed classes or types of building—building work

12 Prescribed classes or types of building—building work

(1) For the Act, section 4(1), definition of building work, paragraph (a), a building is prescribed if the building, or a part of the building, is—

(a) a class 2 building, or

(b) a class 3 building, other than temporary accommodation facilities, or

(c) a class 9c building.

Example—

The Act and this Regulation apply to a mixed-use building comprising class 2, class 5 and class 6 buildings, including the building’s class 5 and class 6 building parts.

(2) In this clause—

gross floor area, hotel or motel accommodation and serviced apartment have the same meanings as in the Standard Instrument.

Standard Instrument means the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

temporary accommodation facilities means—

(a) a class 3 building that is part of a class 9a or 9b building, if the class 3 building comprises less than 10% of the gross floor area of the entire building, or

(b) a building that is or includes hotel or motel accommodation if no part of the building—

(i) contains serviced apartments, or

(ii) is the subject of a residential strata scheme under the Strata Schemes Management Act 2015.

cl 12: Subst 2023 (65), Sch 1[1]. Am 2024 (194), Sch 1[1] [2].