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BUILDING INTERIM REGULATIONS 2017 - SCHEDULE 8

Schedule 8—Exemptions for buildings and building work

Regulations 1801, 1802

Sch. 8 (Table) amended by S.R. No. 65/2017 reg. 16.

Table

Column 1





Item

Column 2



Description of building or building work exempted from building permit and occupancy permit

Column 3

Building regulations that building or building work exempted from

1

Construction of a freestanding Class 10a building that—

(a)     has a floor area not exceeding 10 m 2 ; and

(b)     is no more than 3 m in height or, if situated within 1 m of a boundary, is no more than 2·4 m in height; and

(c)     is appurtenant to a building of another Class on the same allotment; and

(d)     is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and

(e)     is not constructed of masonry.

Note:     The consent of a service authority may be required to construct a Class 10a building 10 m 2 or less in area over an easement vested in that authority under another Act or within 1 m laterally of any works of a water supply authority.

    Section 148 of the Water Act 1989 prohibits a person from building a structure or placing any filling within 5 m laterally of any works of the Melbourne Water Corporation or within 1 m laterally of any works of any other water supply authority

All Parts

    without the consent of the Melbourne Water Corporation or other water supply authority.

2

Demolition of a freestanding Class 10 building that—

(a)     is not constructed of masonry; and

(b)     does not exceed 40 m 2 in floor area; and

(c)     will not adversely affect the safety of the public or occupiers of the building; and

(d)     is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 1995 .

Note:     This building work may require approval from the Executive Director within the meaning of the Heritage Act 1995 under that Act.

Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 .

All Parts

3

Repair, renewal or maintenance of a part of an existing building, if the building work—

(a)     will not adversely affect the structural soundness of the building, and does not include—

(i)     an increase or decrease in the floor area or height of the building; or

(ii)     underpinning or replacement of footings; or

All Parts

(iii)     the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and

(b)     is done using materials commonly used for the same purpose as the material being replaced; and

(c)     will not adversely affect the safety of the public or occupiers of the building; and

(d)     will not adversely affect an essential safety measure within the meanings of Subdivisions 1 and 2 of Division 1 of Part 12.

Note:     Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be required to be maintained using particular materials.

    If the contract price for the carrying out of domestic building work is more than $5000 (or any higher amount fixed by the regulations made under the Domestic Building Contracts Act 1995 ), the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995 .

4

Alterations to a building, if the building work—

(a)     will not adversely affect the structural soundness of the building, and does not include—

Parts 2 to 20

(i)     an increase or decrease in the floor area or height of the building; or

(ii)     underpinning or replacement of footings; or

(iii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and

(b)     will not project beyond the street alignment; and

(c)     will not adversely affect the safety of the public or occupiers of the building; and

(d)     is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 1995 ; and

(e)     is not work in relation to, and will not adversely affect, an essential safety measure within the meanings of Subdivisions 1 and 2 of Division 1 of Part 12.

Note:     Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be required to be maintained using particular materials.

If the contract price for the carrying out of domestic building work is more than $5000 (or any higher amount fixed by the regulations made under the Domestic Building Contracts Act 1995 ), the builder is required to

enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995 .

5

Any building that is not of a Class listed in clause A3.2 of the BCA Volume One and clause 1.3.2 of the BCA Volume Two.

All Parts

6

A building used only temporarily for the duration of building work for—

(a)     construction purposes; or

(b)     display purposes.

All Parts

7

Temporary structures other than those to which regulation 1104 applies.

All Parts

8

A swimming pool with a depth not exceeding 300 mm.

All Parts

9

A relocatable swimming pool that is erected temporarily in an area enclosed by an approved barrier.

Note

This exemption applies only to the relocatable swimming pool and not to the barrier.

All Parts

10

A fence, screen or structure similar to a fence (other than a fence forming part of a safety barrier for a swimming pool or a fence forming part of a children's service outdoor play space)—

(a)     not exceeding 2 m in height; and

(b)     not exceeding 1·5 m in height when within 3 m of a street (which is not a lane, footway, alley or right of way) alignment and which is not constructed of masonry, concrete or the like; and

All Parts except reg. 424(1) and Schedule 5

(c)     not exceeding 1·2 m in height when within 3 m of a street (which is not a lane, footway, alley or right of way) alignment and which is constructed of masonry, concrete or the like; and

(d)     not exceeding 1 m in height above the footpath when within 9 m of a point of intersection of street alignments; and

(e)     not having barbed wire or the like when adjacent to a street alignment.

11

A chain wire fence surrounding a tennis court.

All Parts

12

Any sign that is—

(a)     less than 3 m from a street alignment and does not exceed 1 m in height above ground level; or

(b)     not less than 3 m from a street alignment and does not exceed—

(i)     a height of 8 m above ground level; and

(ii)     6 m 2 in display area.

All Parts

13

Any mast, pole, antenna, aerial or similar Class 10b structure—

(a)     attached to a building and which does not exceed a height of 3 m above the highest point of the attachment to the building; or

(b)     not attached to a building and which does not exceed a height of 8 m.

All Parts




14

Any facility (within the meaning of paragraph (b) of the definition of facility in section 7 of the Telecommunications Act 1997 of the Commonwealth) and construction or demolition of such a facility by a carrier (within the meaning of that section).

Parts 2 to 20 except Part 4

15

Any retaining wall less than 1 m in height that is not associated with other building work or with protection of adjoining property.

Parts 2 to 20 except reg. 606

16

A pergola that—

(a)     is not more than 3·6 m in height; and

(b)     in the case of a pergola that is appurtenant to a Class 1 building, is located no further forward on the allotment than 2.5 m forward of the front wall of that building; and

(c)     in any other case, is located no further forward on the allotment than the front wall of that building to which it is appurtenant; and

(d)     has a floor area not exceeding 20 m 2 .

Parts 2 to 20

17

Installation of a wood or solid fuel household heating appliance.

Note:     Installation of a wood or solid fuel burning heater is plumbing work and must be carried out by a licensed plumber.

Parts 2 to 20

18

A relocatable building that is a movable unit within the meaning of the Housing Act 1983 that is constructed for a community service and is to be used or

Parts 2 to 20

intended to be used to provide temporary accommodation on a non-profit basis if—

(a)     the building has a floor area not exceeding 30 m 2 ; and

(b)     the building is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and

(c)     the building or building work will not adversely affect the structural soundness of that, or any other building; and

(d)     the building or building work will not adversely affect the safety of the public or the occupiers of the building; and

(e)     the building is set back from an allotment boundary not less than 1 m; and

(f)     the building does not exceed a height of 3·6 m; and

(g)     the building work will not involve construction over an easement vested in the council or other authority specified in regulation 310.

19

A relocatable building used as a school (within the meaning of the Education and Training Reform Act 2006 ) or a TAFE institute (within the meaning of that Act) if—

(a)     the building has a floor area not exceeding 300 m 2 ; and

Parts 2 to 20

(b)     the building or building work will not adversely affect the structural soundness of that, or any other building; and

(c)     the building or building work will not adversely affect the safety of the public or the occupiers of the building.



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