13Certain work excluded from being building work

#### 13 Certain work excluded from being building work 13 Certain work excluded from being building work > > (1) For the purposes of section 4(1) and (2)(b) of the Act, the following work is excluded from being building work— > > > > > (a) work that is carried out as exempt development, other than waterproofing, > > > > > (b) work that is waterproofing, but only if— > > > > > > > (i) the work is carried out as a result of alterations to a bathroom, kitchen, laundry or toilet, and > > > > > > > (ii) the alterations are carried out as exempt development, and > > > > > > > (iii) the work, including the agreement to carry out the work, relates only to a single dwelling, > > > > > (c) work that is carried out in compliance with an order given by a council for the purposes of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 124, > > > > > (d) work that is carried out in compliance with a development control order under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 9.3, > > > > > (e) work that is exempted from a provision of the Building Code of Australia under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 74, 111 or 117, > > > > > (f) work that is the repair, renovation or protective treatment of a fire safety system for the purposes of maintaining a component of the fire safety system, except a load-bearing component that is essential to the stability of a building, > > > > > (g) work that is the repair, renovation or protective treatment of a building, but only if— > > > > > > > (i) the work involves a mechanical, plumbing or electrical service, and > > > > > > > (ii) the work is carried out for the purposes of maintaining a component of a system in the building, > > > > > (h) work that is excluded from being residential building work in the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), Schedule 1, clause 2(3)(a), as if a reference to residential building work in that Act is a reference to building work, > > > > > (i) work that is carried out under a contract for which a party to the contract received a grant under the HomeBuilder Grant scheme for the work, > > > > > (j) electrical or plumbing work that is a performance solution for building work, other than work for a building element, but only for the purposes of section 5(1)(b) of the Act, > > > > > (k) work that is the fit-out of part of a building, but only— > > > > > > > (i) if the part of the building is a class 5, 6, 9a or 9b building part or will be a class 5, 6, 9a or 9b building part as a result of a change of building use connected with the work, and > > > > > > > (ii) if the work is the subject of a development consent that primarily relates to the fit-out, and > > > > > > > (iii) to the extent the work does not relate to a structural component of the building, > > > > > (l) work to install the following, but only if the work is the subject of a development consent that primarily relates to the installation— > > > > > > > (i) an awning, blind or canopy over a window or door, > > > > > > > (ii) a roofed structure over a balcony, deck, patio or terrace, whether open or enclosed, unless the roofed structure is installed above the existing topmost roof of the building, > > > > > (m) work that— > > > > > > > (i) is the subject of a development consent that primarily relates to the work, and > > > > > > > (ii) is not— > > > > > > > > > (A) work for a building element for building work, or > > > > > > > > > (B) work for a performance solution for building work, including a building element, > > > > > (n) the following work in relation to a designated class 3 or 9c building— > > > > > > > (i) the making of alterations or additions to the building, > > > > > > > (ii) the repair, renovation or protective treatment of the building. > > > (2) The work referred to in subclause (1)(c) and (d) is not excluded from being building work if the order to which the work relates is for the purposes of repairing, rectifying or replacing the external cladding of a building. > > > (3) The work referred to in subclause (1)(f) is not excluded from being building work if— > > > > > (a) the maintenance is carried out on a component of a fire safety system, and > > > > > (b) the maintenance comprises the replacement of the component, and > > > > > (c) that component is an entire system. > > > > Example— > > > > If a fire safety system is comprised of components, including a mechanical ducted smoke control system and fire rated doors, the replacement of the mechanical ducted system component is not excluded from being building work because that work would constitute the replacement of a component that is an entire system. > > > (3A) This subclause, subclause (1)(n) and (4), definition designated class 3 or 9c building are repealed on 1 July 2026. > > > (4) In this clause— > > > > change of building use, development consent and exempt development have the same meanings as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > > > designated class 3 or 9c building means a building meeting the following conditions— > > > > > (a) the building, or a part of the building, is a class 3 or 9c building, > > > > > (b) no part of the building is a class 2 building. > > > > structural component, of a building, means an internal or external load-bearing component of the building that is essential to the stability of the building or a part of it, including in-ground and other foundations and footings, floors, walls, roofs, columns and beams. > > **cl 13:** Am 2021 (417), Sch 1\[1\]; 2021 (743), Sch 1\[1\]–\[3\]; 2022 (332), Sch 1\[1\]; 2022 (783), Sch 1\[2\] \[3\]; 2023 (65), Sch 1\[2\]–\[4\]; 2024 (194), Sch 1\[3\]; 2025 (276), Sch 2\[1\].