BUILDING REGULATIONS 2012 - REG 36
BUILDING REGULATIONS 2012 - REG 36
36 . Certificate of building compliance (s. 57)
(1) For the purposes
of section 57(2)(c), the following authorities under written laws, as
relevant to the building or incidental structure, are prescribed —
(a) an
approval required under the Health (Miscellaneous Provisions) Act 1911
section 107(2)(a) or (b);
(b) an
approval required under the Planning and Development Act 2005 ;
(c) an
approval required under the Health (Aquatic Facilities) Regulations 2007
Part 2 Division 1;
(d) an
approval required under the Local Government (Uniform Local Provisions)
Regulations 1996 regulation 12(2);
(e) an
approval required under the Swan Valley Planning Scheme.
(2) For the purposes
of section 57(2)(d) a certificate of building compliance must contain the
following things —
(a) if a
declaration under section 39 has been made in respect of the building, a
statement to that effect;
(aa) if
the certificate of building compliance is to accompany an application
mentioned in section 49(b) and the change of classification of the
building is to a Class 2 or Class 3 building —
(i)
a statement about whether the building is located in a
bush fire prone area; and
(ii)
if the building is located in a bush fire prone area and,
in accordance with item 4 of the Table to regulation 31BA(1), a bush
fire performance requirement applies to the building —
(I) the BAL for the building site; or
(II) if another
measure has been used to assess compliance with a bush fire performance
requirement — details of the measure used and the results of that
assessment;
(b) if
the certificate of building compliance is to accompany an application
mentioned in section 51(2) or (3), plans and specifications that show how
the building complies with each building standard that applies to the building
or incidental structure;
(ba) if
the certificate of building compliance is to accompany an application
mentioned in section 51(2) or (3) in respect of a Class 1,
Class 2 or Class 3 building or an associated Class 10a building
or deck located less than 6 metres from the Class 1, Class 2 or
Class 3 building —
(i)
a statement about whether the building or deck is located
in a bush fire prone area; and
(ii)
if the building or deck is located in a bush fire prone
area and, in accordance with item 5 or 6 (as the case may be) of the
Table to regulation 31BA(1), a bush fire performance requirement applies
to the building or deck —
(I) the BAL for the building site; or
(II) if another
measure has been used to assess compliance with a bush fire performance
requirement — details of the measure used and the results of that
assessment;
(c) if a
performance solution was used to comply with a building standard, a statement
about the performance solution and details of the assessment methods used to
establish compliance with the building standard.
[Regulation 36 amended: Gazette
5 Apr 2016 p. 1019‑20; 10 Jan 2017 p. 182;
8 Aug 2017 p. 4345; 22 Dec 2017 p. 5975;
SL 2021/42 r. 11; SL 2021/130 r. 4; SL 2022/162
r. 13.]