BUILDING REGULATIONS 2012 - REG 47
BUILDING REGULATIONS 2012 - REG 47
47 . Notification of change of classification of certain buildings and incidental structures
(1A) In this
regulation —
applicable technical aspects means —
(a) the
technical aspects of the construction of the building or incidental structure
set out in the edition of the Building Code that is in effect at the time a
written notice is given under subregulation (1); but
(b) does
not include the bush fire performance requirements if —
(i)
a building or incidental structure is located in a bush
fire prone area; and
(ii)
at any time during the 4‑month period ending on the
day on which the notice is given, the area was not a bush fire prone area.
(1) The owner of an
existing building or incidental structure that is of a classification listed
in column 2 of an item in the Table must not permanently change the
classification of the building or incidental structure to a classification
listed in column 3 of that item unless the owner has given written notice to
the relevant permit authority at least 10 business days before the
proposed change.
Table
Column 1 Item |
Column 2 Existing classification |
Column 3 Proposed classification |
---|---|---|
1. |
Classes 2 to 10 |
Class 1 |
2. |
Class 1a |
Class 1b |
Penalty: a fine of $5 000.
(2) The written notice
must include or be accompanied by —
(a)
evidence that the building or incidental structure complies with the
applicable technical aspects of the construction of a building or incidental
structure of that building or incidental structure’s proposed
classification; and
(b) if
the proposed classification of the building or incidental structure is
Class 1 —
(i)
a statement about whether the building or incidental
structure is located in a bush fire prone area; and
(ii)
if the building or incidental structure was located in a
bush fire prone area during the whole of the 4‑month period ending on
the day on which the notice is given —
(I) the BAL for the building site; or
(II) if another
measure has been used to assess compliance with the relevant performance
requirement — details of the measure used and the results of that
assessment.
[Regulation 47 amended: Gazette 24 Apr 2014
p. 1138; 5 Apr 2016 p. 1020‑1; SL 2021/42
r. 12.]
[Heading inserted: Gazette 24 Apr 2014
p. 1138.]