BUILDING ACT 1975 - SECT 246R
When consent for particular activities can not be withheld—roof colours and windows
BUILDING ACT 1975 - SECT 246R
When consent for particular activities can not be withheld—roof colours and windows
246R When consent for particular activities can not be withheld—roof colours
and windows
(1) This section applies if, under a relevant instrument, the
consent of an entity is required to—
(a) use a colour for the roof of a
class 1a building or an enclosed class 10a building attached to a class 1a
building; or
(b) use in a prescribed building a window that is energy
efficient or treat a window in a prescribed building to ensure the window is
energy efficient.
(2) The entity can not withhold consent for an activity
mentioned in subsection (1) (a) if use of the colour—
(a) achieves a solar
absorptance value for the upper surface of the roof of not more than 0.55; and
(b) minimises potential adverse effects on the external appearance of the
building; and
(c) does not unreasonably prevent or interfere with a
person’s use and enjoyment of the building or another building.
(3) The
entity can not withhold consent for an activity mentioned in subsection (1)
(b) if the type of window to be used or the treatment—
(a) minimises
potential adverse effects on the external appearance of the building; and
(b)
does not unreasonably prevent or interfere with a person’s use and enjoyment
of the building or another building.
(4) A requirement under this section to
not withhold consent—
(a) is taken to be a requirement under the relevant
instrument; and
(b) applies to the relevant instrument despite any other
provision of the instrument.
