BUILDING REGULATIONS 2012 - REG 31D
BUILDING REGULATIONS 2012 - REG 31D
31D . Applicable building standards for relocated buildings and incidental structures (other than swimming pools) (s. 3, 19(3) and 37(1) and (2))
(1AA) In this regulation —
relevant building has the meaning given in
regulation 31BA(1A).
(1A) This regulation
does not apply to a swimming pool.
(1) For the purposes
of the definition of applicable building standard in section 3, the
building standards set out in subregulation (2) are prescribed as
applicable building standards for the purposes of sections 19(3) and
37(1) and (2) in respect of the assembly, reassembly or securing of a
relocated building or a relocated incidental structure.
(2) For
subregulation (1), the applicable building standards are the requirements
in relation to the technical aspects of the construction of the relocated
building or incidental structure that were imposed under the written law
applicable at the time the relocated building or incidental structure was
first assembled, except to the extent that subregulations (3), (4)
and (5) of this regulation otherwise provide.
(3) The applicable
building standards include those that relate to a performance requirement that
is —
(a)
listed in the Table; and
(b)
applicable to buildings or incidental structures of the classification of the
relocated building or incidental structure; and
(c) set
out in the edition of the Building Code —
(i)
for sections 19(3) or 37(1) — mentioned
in regulation 31A(2)(a) or (b); or
(ii)
for section 37(2) — in effect at the time
the assembly, reassembly or securing of the relocated building or incidental
structure commenced.
Table
Building Code Section or Part |
Performance requirements |
---|---|
Volume One Part B1 — Structural provisions |
B1P1, B1P2, B1P3, B1P4 |
Volume One Part C1 — Fire resistance |
C1P1, C1P2, C1P3, C1P4, C1P5, C1P6, C1P7, C1P8, C1P9 |
Volume One Part D1 — Access and egress |
D1P2, D1P3, D1P4, D1P5, D1P6 |
Volume One Section E — Services and equipment |
E1P1, E1P2, E1P3, E1P4, E1P5, E1P6, E2P1, E2P2, E4P1, E4P2, E4P3 |
Volume One Section G — Ancillary provisions |
G2P1, G2P2, G5P1, G5P2 |
Volume Two Part H1 — Structure |
H1P1, H1P2 |
Volume Two Part H3 — Fire safety |
H3P1, H3P2 |
Volume Two Part H5 — Safe movement and access |
H5P1, H5P2 |
Volume Two Part H7 — Ancillary provisions and additional
construction requirements |
H7P3, H7P5, H7P6 |
[(3A) deleted]
(4) The applicable
building standards include those that relate to a performance requirement that
is —
(a)
listed in the Table; and
(b)
applicable to buildings or incidental structures —
(i)
of the classification of the relocated building or
incidental structure; and
(ii)
in the geographical area where the relocated building or
incidental structure was first assembled;
and
(c) set
out in the edition of the Building Code in effect —
(i)
if subparagraph (ii) does not apply — at
the time of, or 12 months before, the first application for a
building permit to assemble the relocated building or incidental structure
(whichever was applied by the building surveyor in respect of the building or
incidental structure); or
(ii)
if no building permit to assemble the relocated building
or incidental structure has ever been required — at the time of the
first assembly of the relocated building or incidental structure.
Table
Building Code Section or Part |
Performance requirements |
---|---|
Volume One Section J — Energy efficiency |
J1P1 |
Volume Two Part H6 — Energy efficiency |
H6P1, H6P2 |
Note for this subregulation:
This subregulation
does not apply if the conditions in paragraph (c) cannot be met
because —
(a) a
building permit to assemble the relocated building or incidental structure has
been required but none has ever been applied for; or
(b) no
edition of the Building Code was in effect at the relevant time mentioned in
paragraph (c).
(5) The bush fire
performance requirements are not applicable building standards for the
purposes of the section set out in Column 1 of the Table in the
circumstances set out in Column 2 of the Table opposite the section.
Table
Column 1 Section |
Column 2 Circumstances |
---|---|
If — (a) the relocated building or incidental structure
will be relocated to an area that, at any time during the 4‑month period
ending on the day on which the application is made, was not a bush fire prone
area; or (b) the relocated building or incidental
structure — (i) is a Class 10a building or deck; and (ii) will be associated with a relevant building
once relocated. | |
If — (a) the relocated building or incidental structure
is relocated to an area that, at any time during the 4‑month period
ending on the day on which the application for the building permit was made,
was not a bush fire prone area; or (b) the relocated building or incidental
structure — (i) is a Class 10a building or deck; and (ii) is associated with a relevant building once
relocated. Note for this item: See also regulation 31HB(2). | |
If — (a) the relocated building or incidental structure
is relocated to an area that, at any time during the 4‑month period
ending on the day on which the assembly, reassembly or securing of the
relocated building or incidental structure commenced, was not a bush fire
prone area; or (b) the relocated building or incidental
structure — (i) is a Class 10a building or deck; and (ii) is associated with a relevant building once
relocated. Note for this item: See also regulation 31HB(3). |
[Regulation 31D inserted: Gazette
18 Dec 2012 p. 6564-7; amended: Gazette 24 Apr 2014
p. 1136; 15 Apr 2016 p. 1169; 9 Mar 2018
p. 800; 26 Mar 2019 p. 945 and 946; SL 2020/46
r. 6; SL 2021/42 r. 7; SL 2022/162 r. 10.]