BUILDING REGULATIONS 2006 (SR NO 68 OF 2006) - REG 802 Flood areas
BUILDING REGULATIONS 2006 (SR NO 68 OF 2006) - REG 802
Flood areas(1) This regulation does not apply to—
(a) a Class 10 building; or
(b) an unenclosed floor area of a building; or
(c) an alteration to an existing building if the area of the existing building is not increased by more than 20m 2 .
(2) For the purposes of this regulation, land is in an area liable to flooding if—
(a) by or under the Water Act 1989 it is determined as being liable to flooding (however expressed); or
(b) it is identified in a planning scheme under the Planning and Environment Act 1987 as being in an area liable to flooding; or
(c) it is described on a certified or sealed plan of subdivision or plan of strata subdivision or plan of cluster subdivision (as the case requires) as being liable to flooding (however expressed); or
(d) it is designated by the relevant council as likely to be flooded by waters from—
(i) a waterway, as defined in section 3 of the Water Act 1989 ; or
(ii) any land
upon which water concentrates or upon or over which surface water usually or
occasionally flows (whether in a defined channel or otherwise) including land
affected by flow from a drainage system.
r. 802
(3) The report and consent of the relevant council must be obtained to an application for a building permit if the site is on an allotment that is in an area liable to flooding.
(4) The report and consent of the relevant council under sub-regulation (3) need not be obtained to an application for a building permit if face="Symbol">¾
(a) a planning permit is required for the construction of the building; and
(b) the relevant planning scheme regulates the level of the lowest floor of the building in relation to any flood level declared under the Water Act 1989 or otherwise determined by the floodplain management authority or the relevant council.
(5) The relevant council must not give its consent under sub-regulation (3) if it is of the opinion that there is likely to be a danger to the life, health or safety of the occupants of the building due to flooding of the site.
(6) In its report under sub-regulation (3) the relevant council may specify a level for the surface of the lowest floor of a building on the site.
(7) Before specifying a floor level under sub-regulation (6) the relevant council must—
(a) consult with the floodplain management authority for that site; and
(b) specify a level at least 300mm above any flood levels declared under the Water Act 1989 or otherwise determined by the floodplain management authority, unless the authority consents to a lower floor level.
(8) The relevant council must without delay advise the floodplain management authority and the sewerage authority for that site of the floor level (if any) specified under sub-regulation (6).