BUILDING FACT SHEET - sorell.tas.gov.au

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PO Box 126 Telephone 03 6269 0000 47 Cole Street Fax 03 6269 0014 SORELLTAS 7172 [email protected] ABN 12 690 767 695 www.sorell.tas.gov.au BUILDING FACT SHEET Extracted from: Building Regulations 2014 & Building Act 2000 Regulation 3. Interpretation exempt outbuilding includes an aviary, pigeon loft, fowl house and enclosure, kennel, dog or cat enclosure, boat shed, cycle shed, fuel shed, garden shed, glass house, potting shed, greenhouse, tool house, conservatory, implement shed, summer house, fernery, cabana, shade house, shade sail or awning, cubby house and any similar building; Type 1 exempt outbuilding means a non-habitable outbuilding where - (a) the total area does not exceed 10 square metres; and (b) no side is longer than 3.2 metres; and (c) no part is more than 2.4 metres above finished ground level; and (d) it is not situated within one metre of a drain or service easement; and (e) if it is situated in a bushfire-prone area, it is not within 6 metres of any habitable building. Type 2 exempt outbuilding means a non-habitable outbuilding where - (a) the total area does not exceed 18 square metres; and (b) the roof span does not exceed 3 metres; and (c) no part of the building is higher than 2.4 metres above finished ground level; and (d) no part of the building is closer than 900 millimetres to any other building on the site or to the property boundary; and (e) no part of the building is located forward of the building line; and (f) no excavation or deposit is greater than 500 millimetres in depth; and (g) it is not situated within one metre of a drain or service easement; and (h) if it is situated in a bushfire-prone area, it is not within 6 metres of any habitable building. Regulation 4. Certain buildings and building work exempt from requirement for building permit In accordance with section 60(2) of the Act, building work on the following buildings is exempt from the requirement for a building permit:- (a) a Type 1 exempt outbuilding if not more than 2 are erected under this exemption on an allotment, or a Type 2 exempt outbuilding if not more than one is erected on an allotment; (b) a non-roofed deck that is - (i) constructed of timber products; and (ii) is not more than one metre above finished ground level; and (iii) not closer than 900 millimetres to a boundary; and (iv) not situated in a bushfire-prone area; and (v) not situated within one metre of a drain or service easement; and (vi) appurtenant to a Class 1 building; and (vii) not covered by a roof, pergola, trellis, garden arch or frame; (c) a pergola, garden arch, trellis or frame if the structure - (i) does not exceed 20 square metres in total area; and (ii) is no more than 3 metres above the floor or ground; and (iii) is not covered or is covered only by open-weave material which allows water through; Extracted from Building Regulations 2014 & Building Act 2000. Updated 13/08/2014.

Transcript of BUILDING FACT SHEET - sorell.tas.gov.au

PO Box 126 Telephone 03 6269 0000 47 Cole Street Fax 03 6269 0014

S O R E L L T A S 7172 [email protected] ABN 12 690 767 695 www.sorel l . tas.gov.au

BUILDING FACT SHEET Extracted from: Building Regulations 2014 & Building Act 2000

Regulation 3. Interpretation

exempt outbuilding includes an aviary, pigeon loft, fowl house and enclosure, kennel, dog or cat enclosure, boat shed,

cycle shed, fuel shed, garden shed, glass house, potting shed, greenhouse, tool house, conservatory, implement shed,

summer house, fernery, cabana, shade house, shade sail or awning, cubby house and any similar building;

Type 1 exempt outbuilding means a non-habitable outbuilding where -

(a) the total area does not exceed 10 square metres; and

(b) no side is longer than 3.2 metres; and

(c) no part is more than 2.4 metres above finished ground level; and

(d) it is not situated within one metre o f a drain or service easement; and

(e) i f i t is situated in a bushfire-prone area, it is not within 6 metres of any habitable building.

Type 2 exempt outbuilding means a non-habitable outbuilding where -

(a) the total area does not exceed 18 square metres; and

(b) the roof span does not exceed 3 metres; and

(c) no part o f the building is higher than 2.4 metres above finished ground level; and

(d) no part of the building is closer than 900 millimetres to any other building on the site or to the property

boundary; and

(e) no part o f the building is located forward of the building line; and

(f) no excavation or deposit is greater than 500 millimetres in depth; and

(g) it is not situated within one metre o f a drain or service easement; and

(h) i f it is situated in a bushfire-prone area, it is not within 6 metres o f any habitable building.

Regulation 4. Certain buildings and building work exempt from requirement for building permit In accordance with section 60(2) o f the Act, building work on the following buildings is exempt from the requirement

for a building permit:-

(a) a Type 1 exempt outbuilding i f not more than 2 are erected under this exemption on an allotment, or a Type 2

exempt outbuilding i f not more than one is erected on an allotment;

(b) a non-roofed deck that is -

(i) constructed of timber products; and

(ii) is not more than one metre above finished ground level; and

(iii) not closer than 900 millimetres to a boundary; and

(iv) not situated in a bushfire-prone area; and

(v) not situated within one metre o f a drain or service easement; and

(vi) appurtenant to a Class 1 building; and

(vii) not covered by a roof, pergola, trellis, garden arch or frame;

(c) a pergola, garden arch, trellis or frame i f the structure -

(i) does not exceed 20 square metres in total area; and

(ii) is no more than 3 metres above the floor or ground; and

(iii) is not covered or is covered only by open-weave material which allows water through;

Extracted f rom Building Regulations 2014 & Building Act 2000. Updated 13/08/2014.

w PO Box 126 Telephone 03 6269 0000 47 Cole Street Fax 03 6269 0014

n ^ S O R E L L T A S 7172 [email protected] ^ ABN 12 690 767 695 www.sorell. tas.gov.au

(d) a swimming pool i f -

(i) the maximum possible water surface area is not more than 9 square metres; and

(ii) the maximum possible water depth is not more than 300 millimetres;

(e) a non-roofed windmill, a mast, antenna or flagpole or the support structure o f a wind turbine i f -

(i) it is not attached to a building and not more than 6 metres high; or

(ii) it is attached to a building and is not higher than 6 metres above the topmost point of attachment to the

building; or

(iii) i t is a dish antenna with a diameter of not more than 2 metres and the total area o f the dish antenna

attached to the supporting structure is not more than 4 square metres;

(f) a fence or wall constructed of masonry or concrete i f it is not higher than 1.2 metres;

(g) a fence constructed of a material other than masonry or concrete if it is not higher than 2.1 metres;

(h) a retaining wall i f -

(i) it retains a difference in ground levels of less than one metre; and

(ii) it is situated more than 1.5 metres from a boundary or way;

(i) a tank or silo with a capacity of less than 45 000 litres and its supporting structure;

(j) a water tank stand if it is not higher than 1.2 metres;

(k) a builder's site shed i f it is being -

(i) used in connection with building work for which building permit is in force; or

(ii) stored in a location permitted by the building surveyor;

(I) an explosives magazine, a tank containing dangerous substances or a gas installation i f the use of that magazine,

tank or installation is controlled under the Explosives Act 2012 or Work Health and Safety Ac t 2012:

(m) the repair or maintenance o f an existing building i f the work is done for maintenance purposes using similar

materials, equipment, installations and components to those being replaced;

(n) a non-habitable underground structure on a mining lease;

(o) the installation of a stairway lift or platform lift in a Class l a building;

(p) a temporary structure that i s -

(i) required to have a temporary occupancy permit; or

(ii) exempted under regulation 41 from the requirement to have a temporary occupancy permit;

(q) a permanent walkway or platform that -

(i) is not part o f a building; and

(ii) is less than one metre above finished ground level; and

5 (iii) members o f the public normally use or are permitted access to;

| (r) photo-voltaic solar panels installed on a building roof i f -

| (i) the solar panels are installed by a person who holds a valid accreditation, to install solar panels, that is

S1 approved by the Director for purposes of this regulation; and

3 (ii) the solar panels are parallel to the surface of the roof and there is not more than 100 millimetres between fN j j the surface of the roof and the underside of the solar panels; and

| (iii) the solar panels, or any part of the solar panels, do not overhang the roof surface at any point; and 0 * (iv) the solar panels are not within 200 millimetres of the edge o f the plane of the roof; and to § (v) the solar panel array does not result in more than 100 kilograms o f dead load being placed on any single

| point where a solar panel array is attached to the roof; and g. o" (vi) the solar panel array does not cover more than 38 square metres of -

g (A) a single roof plane; or

1 (B) multiple roof planes that are supported by a single structure;

£ (s) solar panels that cover an area o f less than 18 square metres; 5

Extracted f rom Building Regulations 2014 & Building Act 2000. Updated 13/08/2014.

PO Box 126 Telephone 03 6269 0000 47 Cole Street Fax 03 6269 0014

t SORELL T A S 7 1 7 2 [email protected] ABN 12 690 767 695 www.sorel l . tas.gov.au

(t) crop protection structures for use in agricultural or horticultural production -

(i) which are covered by netting, shade cloth or similar open-weave material; or

(ii) which consist o f a proprietary system of tunnel frames covered with flexible non-permeable material,

provided that water runoff is not likely to cause a nuisance;

(u) a wharf, jetty, marina or pontoon that -

(i) is permanently attached to land; and

(ii) does not have a building on i t .

Regulation 5. Limits on exemptions (1) An exemption under regulation 4 only applies where the building or building work is not associated with -

a) other building work which requires a building permit; or b) protection work.

(2) Building work that is exempt under regulation 4 must comply with the Building Code of Australia.

Regulation 6. Minor alterations and minor repairs

(1) For the purposes o f section 60(2)(b) o f the Act, proposed work is not a minor alteration or a minor repair i f it -

(a) is the addition of a room; or

(b) affects the structural adequacy of the building including underpinning of foundations; or

(c) is a conversion o f a non-habitable space, including an attic or a garage, into a habitable room; or

(d) requires specialist design input from a practitioner in an area such as foundations or geotechnical design,

engineering, energy efficiency, building services or fire safety; or

(e) affects any matters that a permit authority would need to take into account under section 71 of the Act or

regulation 21; or

(f) is work that is required to be referred to a reporting authority; or

(g) is work that a function control authority has advised is o f interest to it; or

(h) is t o a building on the Heritage Register; or

(i) affects the requirements necessary to avoid the spread o f fire to or from any adjoining building; or

(j) subject to subregulation (2), is work in a landslip area, or in a bushfire-prone area, or on land subject to flooding

and would adversely affect the stability of the land, or resistance to bushfires or mitigation o f flood damage; or

(k) is over any services or easements; or

(1) involves the demolition or removal of materials containing asbestos, unless it is exempt removal work within the

meaning of the Work Health and Safety Regulations 2012; or

(m) impacts on the protection o f any adjoining property; or

(n) will adversely affect the safety, health or amenity of people using the building; or

(o) impacts on the maintenance o f any prescribed features or measures o f the building; or

(p) would trigger a change in the building's occupancy permit; or

(q) involves a change o f use, or a change of building classification, o f the existing building or of the part being

altered.

(2) Subregulation (l)(i) does not apply in respect of a bushfire-prone area i f the building surveyor has received a

certificate issued under section 266 o f the Act stating that the alteration or repair does not give rise to an

increased bushfire risk to the building.

Extracted f rom Building Regulations 2014 & Building Act 2000. Updated 13/08/2014.

X PO Box 126 47 Cole Street

SORELL TAS 7172 ABN 12 690 767 695

Telephone 03 6269 0000 Fax 03 6269 0014

[email protected] www.sorell.tas.gov.au

Regulation 7. Prescribed building work For the purpose of the definition o f "building work" in section 3(1) o f the Act, the following work is prescribed as building work:-(a) work in relation to the erection, re-erection, alteration and removal of an unregistrable relocatable building or a

shipping container;

(b) the installation, or alteration, of a fire safety system or any part of a fire safety system;

(c) the installation of a ducted heating, cooling, ventilation or air-conditioning system in a building that is not a Class

1 building or sole occupancy units within a Class 2 building or Class 4 building;

(d) the installation of a passenger lift;

(e) plumbing work for the purposes o f calculating the building permit levy payable under section 270 of the Act;

(f) plumbing work over or within a service easement for the purposes o f section 161 o f the Act;

(g) a bridge or viaduct, other than a bridge or viaduct constructed on public land or by a public or other authority;

(h) a pedestrian overpass or underpass or a passenger boarding bridge, other than a pedestrian overpass or

underpass or passenger boarding bridge constructed on public land or by a public or other authority;

(i) work on a building that is situated on a wharf, jetty or marina or on a pontoon permanently fixed to land.

Regulation 8. Prescribed temporary structures For the purpose of the definition o f a "temporary structure" in section 3(1) of the Act, the following structures are

prescribed as temporary structures: -

(a) a mobile structure;

(b) a temporary bridge;

(c) a temporary stage;

(d) a temporary platform;

(e) a temporary tower.

Section 3. Interpretation 'Building Act 2000'

building work means work relating to: -(a) erecting, re-erecting, constructing, altering, repairing, underpinning, demolishing or removing a building; or

(b) adding to a building; or

(c) excavating or filling incidental to an activity referred to in paragraph (a) or (b); or

(d) any other prescribed work.

Extracted f rom Building Regulations 2014 & Building Act 2000. Updated 13/08/2014.