BUILDING ACT 1975 - SECT 81 Building development approval for particular alterations may require existing building or structure to comply with building assessment provisions

BUILDING ACT 1975 - SECT 81

81 Building development approval for particular alterations may require existing building or structure to comply with building assessment provisions

(1) This section applies to a building development approval for alterations to an existing building or structure if—

(a) the total of the following represents more than half the total volume of the existing building or structure, measured over its roof and external walls—

(i) the alterations;

(ii) any previous structural alterations to it approved or completed in the previous 3 years; or

(b) the building certifier has decided the alterations pose a risk—

(i) to the safety of persons accommodated in or using the building or structure; or

(ii) of spreading fire to adjoining buildings or structures.

(2) However, this section does not apply if—

(a) the alterations are for—

(i) a budget accommodation building to which chapter 7 , part 3 applies; or

(ii) a residential care building to which chapter 7A , part 4 applies; and

(b) the purpose of the alterations is to ensure the building complies with—

(i) for a budget accommodation building—the fire safety standard; or

(ii) for a residential care building—the fire safety standard (RCB).

(3) The building development approval may include a condition that all, or a stated part, of the existing building or structure must comply with all or a stated part of the building assessment provisions as if it were a new building or structure.

(4) This section does not limit chapter 5 , part 3 .