Sch 1Building regulations

Schedule 1—Building regulations Part 1—Regulation-making powers Sch. 1 item 1 amended by No. 30/2001 s. 6. 1. Design and siting of buildings including— (a) matters relating to the availability of light to, and the overshadowing of, nearby buildings and allotments; (b) matters relating to privacy and overlooking, in relation to nearby buildings and allotments; (c) matters relating to the height of a building, and the distances from buildings to the boundaries of an allotment or to nearby buildings; (d) matters relating to how much of an allotment may be used for buildings, how much of an allotment may be covered by impermeable surfaces and the provision of open spaces on an allotment; (e) matters relating to the preservation of trees, and of architectural or heritage features; (f) matters relating to the provision of car parking in relation to an allotment; (g) matters relating to the use of impermeable surface materials on an allotment and their effect on drainage and runoff; (h) matters relating to the amenity of nearby buildings and allotments; Sch. 1 item 1(i) amended by No. 43/2024 s. 42(a). (i) matters relating to the environmental, water and energy efficiency of buildings; (j) matters relating to associated fences and boundary walls. 2. Form and contents of plans and specifications for building work. 3. Preparation of land for building work. 4. The construction of buildings. Sch. 1 item 5 repealed by No. 3/2020 s 38. Sch. 1 item 6 substituted by No. 46/2018 s. 74. 6. The use and testing (including the destructive testing) of specified building products and materials. 7. Structural strength, integrity, stability, durability and insulating properties of building work and materials. 8. Fire prevention, fire fighting equipment and precautions and other emergency installations, services and equipment. 9. The designation of areas liable to bushfires. 10. Prevention of flooding of buildings and designation of areas liable to flooding. 11. The designation of alpine areas. Sch. 1 item 12 amended by No. 43/2024 s. 42(b). 12. The environmental, water and energy efficiency of buildings. 13. Moisture resistance of buildings. 14. Heating, cooling, ventilation, air conditioning and lighting of buildings. 15. Noise resistant construction of buildings. 16. The resistance of buildings to infestation and the designation of areas liable to infestation. 17. The construction and maintenance of floor, wall and roof coverings and of finishes to buildings. 18. The construction and maintenance of lifts and lift-shafts in buildings. Sch. 1 item 19 repealed by No. 68/2001 s. 16. 20. Utility, safety and hygiene services, installations and equipment located in, or related to, buildings and places of public entertainment. 21. The structural adequacy of advertising signs and hoardings. 22. Fixtures projecting from buildings and dangers arising out of projections from construction work. 23. The protection of adjoining property. 24. Use of public space for construction work. 25. Access to and egress from buildings and places of public entertainment. 26. Suitability of buildings and places of public entertainment for occupation. 27. The number of people who can be accommodated in buildings and places of public entertainment. 28. Use and maintenance of buildings and places of public entertainment including use and maintenance and replacement of services, installations and equipment referred to in this Schedule. 29. Changes of use of buildings and places of public entertainment. 30. The manner of alteration and demolition of and additions to buildings, including the connecting or dividing of buildings. 31. The classification of buildings and places of public entertainment and the application of building regulations to different classes of buildings and places of public entertainment. 32. The provision of certificates as to compliance with any or all of the building regulations or with respect to any other matters under the building regulations. 33. The records to be kept of— (a) the carrying out of building work; and (b) the maintenance of buildings and places of public entertainment; and (c) the maintenance and replacement of services, installations and equipment referred to in this Schedule. 34. The safety of buildings and places of public entertainment. Sch. 1 Pt 2 amended by No. 34/1997 s. 29, repealed by No. 68/2001 s. 4(2). Schedule 2—Procedures for building permits and occupancy permits Ss 18, 42, 54 1 Form of application An application must— Sch. 2 cl. 1(a) substituted by No. 66/2004 s. 9(4). (a) contain the prescribed information; and Sch. 2 cl. 1(b) amended by No. 11/2023 s. 50. (b) contain any matters, and be accompanied by any documents, prescribed for the purposes of this clause or under this Act; and Sch. 2 cl. 1(c) amended by No. 71/1995 s. 24. (c) be accompanied by the fees— Sch. 2 cl. 1(c)(i) amended by No. 9/2020 s. 390(Sch. 1 item 8.4). (i) determined by the council in accordance with the **Local Government Act 2020;** or (ii) in the case of an application to a private building surveyor, determined by the private building surveyor; and Sch. 2 cl. 1(d) inserted by No. 71/1995 s. 24, amended by No. 28/2000 s. 17(1). (d) be accompanied by the appropriate prescribed lodgement fee (if any); and Sch. 2 cl. 1(e) inserted by No. 28/2000 s. 17(1), amended by Nos 68/2001 s. 13(2)(a), 66/2004 s. 20(1). (e) if the relevant building surveyor is required to give a copy of the application to an authority which is a reporting authority, be accompanied by the relevant fees (if any) fixed by the reporting authority under clause 4 for payment to the reporting authority. 2 Building surveyor may request more information (1) The relevant building surveyor may require an applicant to provide additional information or documents or to amend the application before the relevant building surveyor deals with or deals further with the application. (2) The prescribed time within which the relevant building surveyor must decide an application for a permit— (a) ceases to run at the time when the relevant building surveyor requires the applicant to provide additional information or documents or amend the application; and (b) recommences to run only when the information, documents or amended application are supplied to the relevant building surveyor. 3 Application may be refused if information not provided (1) If additional information or a document or an amended application required to be supplied by an applicant is not supplied within the time specified by the relevant building surveyor, the relevant building surveyor may refuse the application. (2) Before refusing an application under subclause (1), the relevant building surveyor must give the applicant 30 days notice in writing of his or her intention to refuse the application. 4 Reporting authorities must be consulted Sch. 2 cl. 4(1) amended by No. 28/2000 s. 17(2). (1) Subject to this Schedule, the relevant building surveyor must not decide an application for a permit that is required by this Act or the regulations or by any other Act or regulations to be reported on, or consented to, by a reporting authority unless the report or consent has been obtained. (2) Unless exempted by this Schedule, the relevant building surveyor must give a copy of an application to each reporting authority within the prescribed time after the application is received by the relevant building surveyor. Sch. 2 cl. 4(3) inserted by No. 28/2000 s. 17(3). (3) The relevant building surveyor must forward to a reporting authority with the copy of an application, any fees paid to the building surveyor under clause 1(e) in respect of that application and that reporting authority. Sch. 2 cl. 4(4) inserted by No. 66/2004 s. 20(2). (4) A reporting authority may fix fees (not exceeding the maximum fees prescribed for the purposes of this clause) for applications or classes of applications referred to it under this Act or the regulations. Sch. 2 cl. 4(5) inserted by No. 66/2004 s. 20(2), amended by No. 9/2020 s. 390(Sch. 1 item 8.4). (5) If the reporting authority is a council, the fees must be determined in accordance with the **Local Government Act 2020**. Sch. 2 cl. 4(6) inserted by No. 66/2004 s. 20(2). (6) A reporting authority other than a council must publish a notice in the Government Gazette of any fees fixed by it under this clause. Sch. 2 cl. 4A inserted by No. 30/2001 s. 7.