Victorian Consolidated Regulations Victorian Consolidated Regulations
Regulations 1801, 1802 EXEMPTIONS FOR BUILDINGS AND BUILDING WORK TABLE
| Item | Description of building or building work exempted from building permit and occupancy permit | 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 10m2; and (b) is no more than 3m in height or, if situated within 1m of a boundary, is no more than 2·4m 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 10m2 or less in area over an easement vested in that authority under another Act or within 1m laterally of any works of a water supply authority. | All Parts |
| 2 | Demolition of a freestanding Class 10 building that-
(a) is not constructed of masonry; and (b) does not exceed 40m2 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 All Parts (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) 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 * * * * * (e) 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, the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995. | Sch. 8 |
| 4 | Alterations to a 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 (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 Parts 2 to 20 required to be maintained using particular materials. | If the contract price for the carrying out of domestic building work is more than $5000, 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 300mm. | All Parts |
| 9 | A relocatable swimming pool that is erected
temporarily, or a spa that does not share a water recirculation system with a
swimming pool and that complies with AS 1926.3 Swimming pool safety Part 3:
Water recirculation systems as issued or published from time to time, if
either the swimming pool or the spa is erected in an area enclosed by an
approved barrier. Note This exemption applies only to the relocatable swimming pool or the spa and not to the barriers. | 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 2m in height; and (b) not exceeding 1·5m in height when within 3m 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 (c) not exceeding 1·2m in height when within 3m 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 1m in height above the footpath when within 9m of a point of intersection of street alignments; and (e) not having barbed wire or the like when adjacent to a street alignment. | All Parts except reg. 424(1) and Schedule 5 |
| 11 | A chain wire fence surrounding a tennis court. | All Parts |
| 12 | Any sign that is- (a) less than 3m from a street alignment and does not exceed 1m in height above ground level; or All Parts (b) not less than 3m from a street alignment and does not exceed- (i) a height of 8m above ground level; and | (ii) 6m2 in display area. |
| 13 | Any mast, pole, antenna, aerial or similar
Class 10b structure- (a) attached to a building and which does not exceed a height of 3m 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 8m. | 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 1m 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 3·6m 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 2.5m forward of the front wall of that building; and Parts 2 to 20 (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 20m2. |
| 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 re-locatable 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 intended to be used to provide temporary accommodation on
a non-profit basis if- (a) the building has a floor area not exceeding 30m2; 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 Parts 2 to 20 (e) the building is set back from an allotment boundary not less than 1m; and (f) the building does not exceed a height of 3·6m; 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 State School (within the meaning of the Education Act
1958), a school (within the meaning of Part III of that Act), or a TAFE
Institution (within the meaning of the Vocational and Education Training Act
1990) if- (a) the building has a floor area not exceeding 300m2; and (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. Parts 2 to 20 | _______________ |