BUILDING ACT 1975 - SECT 246S When consent for particular activities can not be withheld—other matters

BUILDING ACT 1975 - SECT 246S

246S When consent for particular activities can not be withheld—other matters

(1) This section applies if, under a relevant instrument, the consent of an entity is required to install a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building.

(2) The entity can not withhold the consent for an activity mentioned in subsection (1) unless the consent is withheld—

(a) in relation to the roof or other external surface that is common property of the prescribed building; and

(b) only—

(i) to the extent necessary to preserve the building’s structural integrity; or

(ii) if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—to prohibit an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or

(iii) if the consent relates to a solar hot water system—to the extent necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building.

(3) 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.