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Building Regulations 2004 (S.R. 2004, No. 43)
Requested:  8 Dec 2016
Consolidated as at:  12 Nov 2009
INFORMATION
Notes:Not specified
Links:Not specified
Table of Amending Instruments: (click to view Table of Amendments)
Responsible Minister and Department:Not specified

Building Regulations 2004

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under section 230 of the Building Act 2000.

21 June 2004

RICHARD BUTLER

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Infrastructure, Energy and Resources

PART 1 - Preliminary

1. Short title

These regulations may be cited as the Building Regulations 2004.

2. Commencement

These regulations take effect on 1 July 2004.

3. Interpretation

(1) In these regulations –
A landslip area means an area of land declared under Part 9A of the Mineral Resources Development Act 1995 to be an A landslip area;
Act means the Building Act 2000;
application means an application for a permit to carry out building work;
B landslip area means an area of land declared under Part 9A of the Mineral Resources Development Act 1995 to be a B landslip area;
Chief Officer means the person appointed as Chief Officer under the Fire Service Act 1979;
commenced, in relation to building work, means commenced on site;
completed, in relation to building work, means any completed building work –

(a) that is authorised by a building permit; and

(b) in respect of which a certificate of completion (building work) has been issued under section 112 of the Act;

demolisher means a person who –

(a) demolishes or removes a building or part of a building; or

(b) is responsible for the demolition or removal of a building or part of a building;

electricity supply entity means a person licensed to carry on operations in the electricity supply industry under the Electricity Supply Industry Act 1995;
farm building means a building which has low human occupancy and –

(a) is associated with and located on land devoted to the practice of farming; and

(b) is used essentially for –

(i) housing machinery and equipment; or

(ii) livestock; or

(iii) the production, storage or processing of agricultural and horticultural produce or feed; and

(c) may include, but is not limited to, a hayshed, implement shed, grain and fertiliser store, cool store for vegetables and fruit, piggery, poultry shed, shearing shed, farm dairy, milking shed, grain silo and silage bunker, greenhouse, farm workshop, fruit-packing shed, egg-grading room and garage not attached to a farm residence;

fire safety system includes any one or more of the following:

(a) booster assemblies;

(b) fire mains, hydrants and hose reels;

(c) sprinklers;

(d) fire and smoke alarms;

(e) fire control centres;

(f) provisions for special fire hazard buildings;

(g) stairwell pressurisation;

(h) air-handling systems;

(i) smoke and heat vents;

(j) smoke exhausts;

(k) emergency lifts;

(l) emergency warning and intercommunication systems;

food premises means food premises as determined in Tas Part H102 of the Building Code of Australia;
Food Premises Verification Analysis means a hazard analysis of food premises undertaken in accordance with the specified Food Premises verification method determined by the Director;
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
Heritage Register means the register kept under section 15 of the Historic Cultural Heritage Act 1995;
land includes any building on the land;
landslip area means an area of land declared under Part 9A of the Mineral Resources Development Act 1995 to be an A landslip area or a B landslip area;
off-site disposal system means a removable pan, or other service, approved by the general manager;
outbuilding means an aviary, boat shed, cycle shed, fowl house, fuel shed, garden shed, glass house, greenhouse, implement shed, kennel, pigeon loft, conservatory, summer house, shade house, tool house or any similar building;
place of assembly has the same meaning as in the Public Health Act 1997;
practising means actually engaged in the relevant field of practice;
professional engineer means a professional engineer within the meaning of the Building Code of Australia;
public holiday includes any day or part of a day that is a bank holiday or bank part holiday within the meaning of the Statutory Holidays Act 2000;
special fire hazard building means –

(a) a building in which one or more of the materials listed in Schedule 1 are used as a principal material for, or in connection with, the processing, making, assembling, alteration, adaptation, repair, renovation, preparation, ornamentation, finishing, cleansing or washing of a commodity, good, substance or article; and

(b) an aircraft hanger, distillery, film and television studio and high-pile or high-stack storage building.

(2) In these regulations, a reference to a "day" does not include the following days:

(a) 25 December to 1 January, inclusive;

(b) Good Friday to the following Tuesday, inclusive.

(3) In these regulations, a reference to a document being "in writing" means a reference to a document or application that –

(a) is hand-written or type-written; and

(b) may be sent by mail, email or facsimile.

(4) In these regulations, a reference to the purpose for which a building component or material is used includes a reference to the purpose for which the building component or material is intended to be used.
(5) In these regulations, a reference to a class of building by a class number is a reference to the class of building of that number as set out in the Building Code of Australia.
(6) Unless the contrary intention appears, an expression used in these regulations that is defined in the Building Code of Australia has the same meaning in these regulations as in the Building Code of Australia.
(7) If an expression is used in these regulations and not defined in these regulations or the Building Code of Australia but is defined in the Plumbing Regulations 2004, that expression has the same meaning in these regulations as in the Plumbing Regulations 2004.

4. Certain buildings and building work exempt

These regulations, other than Part 1, Divisions 1 and 2 of Part 2, regulation 23 and Part 4, do not apply in relation to obtaining a building permit under section 60 of the Act in respect of the following:

(a) an outbuilding if –

(i) it is the only building of its type on the site; and

(ii) the total area does not exceed 9 square metres; and

(iii) no side is longer than 3 metres; and

(iv) no part is more than 2.4 metres above the ground;

(b) 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;

(c) a swimming pool if –

(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;

(d) a non-roofed windmill, a mast, antenna or flagpole if –

(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) it is a dish antenna with a diameter of not more than 2 metres and the total area of the dish antenna attached to the supporting structure is not more than 4 square metres;

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

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

(g) a retaining wall if –

(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;

(h) a water tank if it has a capacity of less than 45 kilolitres;

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

(j) a builder's site shed if 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;

(k) an explosives magazine, a tank containing dangerous substances or a gas installation if the use of that magazine, tank or installation is controlled under the Dangerous Substances (Safe Handling) Act 2005;

(l) the repair or maintenance of an existing building if the work is done for maintenance purposes using similar materials, equipment, installations and components to those being replaced;

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

(n) the installation of a stairway lift or platform lift in a Class 1a building;

(o) a temporary structure that is –

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

(ii) exempted under regulation 38 from the requirement to have a temporary occupancy permit.

5. Prescribed building work

For the purpose of the definition of "building work" in section 3(1) of 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 of calculating the building permit levy payable under section 270 of the Act;

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

6. Prescribed temporary structures

For the purpose of the definition of "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.

7. Prescribed circumstances where assistant building surveyor may act as building surveyor

For the purpose of section 51(1) of the Act, an assistant building surveyor may only exercise the powers of a building surveyor in respect of a building with –

(a) no more than 3 storeys; and

(b) a maximum floor area that does not exceed 2 000 square metres.

8. Mandatory notification stages

For the purposes of the definition of "mandatory notification stage" in section 3(1) of the Act, the following are stages of building work that require notification to the building surveyor:

(a) covering in the foundations;

(b) pouring structural concrete;

(c) cladding or building in the structural framework;

(d) completing the building work;

(e) any other stage of work determined by the building surveyor and listed on the certificate of likely compliance.

PART 2 - Restrictions on Buildings

Division 1 - Landslip areas

9. Effect of order in B landslip areas

(1) For the purposes of section 151 of the Act, a person –

(a) may only erect, alter or add to a building in a B landslip area if the total floor area will not exceed 200 square metres when the building work is completed; or

(b) may not erect, alter or add to a building in a B landslip area for the purpose of carrying out heavy industry in the building.

(2) A permit authority may grant a permit for the erection or alteration of, or addition to, a building in a B landslip area so that the building has a floor area exceeding 200 square metres if –

(a) a certificate is given by a practising professional engineer who has expertise in landslip areas; and

(b) a building surveyor grants a certificate of likely compliance.

(3) The certificate given by the practising professional engineer under subregulation (2)(a) must confirm that –

(a) the erection, alteration or addition can be carried out safely; and

(b) the building will be structurally sound; and

(c) the completed building will not affect the stability of the land.

(4) For the purposes of subregulation (2)(b), a building surveyor may grant a certificate of likely compliance to a person to erect or add to a building in a landslip area if satisfied that –

(a) the pipes installed are adequate to convey any stormwater, sullage, sewage, water storage overflow, sub-soil water and other waste and water from the building work to –

(i) a suitable drainage system; or

(ii) an on-site waste water management system; or

(iii) a natural water course; and

(b) the stability of the landslip area is not compromised.

10. Activities prohibited in landslip areas

(1) For the purposes of section 152(2) of the Act, a person may only –

(a) excavate, or deposit, material in a landslip area if the excavation or deposition is carried out in such a manner as to allow rainwater or seepage to drain from the site; or

(b) permanently excavate or deposit any material for, or in connection with, building work in a landslip area if –

(i) the excavation is not more than 600 millimetres in depth; and

(ii) the material, when deposited, is not more than one metre in height above ground level and is compacted and graded so as not to aggravate existing landslip conditions; or

(c) backfill a trench or hole in a landslip area if the trench or hole is backfilled with well compacted material which was previously removed from the trench or hole; or

(d) fell or remove trees or other vegetation for, or in connection with, building work on land in a landslip area if the person has obtained the written agreement of a permit authority; or

(e) use any earth-moving or vibrating compaction equipment for, or in connection with, building work on land in a landslip area if the person has obtained the written agreement of a permit authority.

(2) The building surveyor may grant a certificate of likely compliance for a permanent excavation of any vertical depth, or a deposit of filling of any height, in a landslip area if satisfied on the basis of a certificate given by a practising professional engineering geologist, or a practising professional engineer who has expertise in landslip areas, that the excavation or filling will not affect the stability of the land.

Division 2 - Building line

11. Location of building work

Subject to section 155 of the Act, a builder who carries out building work must ensure that the building work is located so that it complies with the relevant provisions of the building permit.

Penalty:

Fine not exceeding 20 penalty units.

Division 3 - Site restrictions

12. Land subject to flooding

For the purposes of section 159 of the Act, the following is the designated flood level:

(a) 600 millimetres above ground level or the highest known flood level, whichever is the highest, for land known to be subject to flooding other than as provided in paragraph (b) or (c);

(b) the level which has a 1% probability of being exceeded in any year for the following watercourse floodplains:

(i) the Derwent River through New Norfolk;

(ii) the upper reaches of the Tamar River and the lower reaches of the North Esk River;

(iii) the Huon River at Huonville and Mountain River;

(iv) the South Esk River through Perth and Longford to the Tamar River;

(v) the Jordan River below Pontville;

(vi) the Mersey River through Latrobe;

(vii) the Bagdad Rivulet;

(viii) the Elizabeth River through Campbell Town;

(ix) the Meander River through Deloraine;

(x) the Macquarie River through Ross;

(c) 600 millimetres above the ordinary high-water mark of the spring tide for land on which flooding is affected by the rise and fall of the tide.

PART 3 - Permits

13. Reliance on certificate from other person

(1) For the purposes of section 266 of the Act, the prescribed qualifications required for a person to issue a certificate are the expertise and qualifications required for that certificate as determined by the Director.
(2) A certificate from a person referred to in subregulation (1) may be submitted –

(a) with an application for a certificate of likely compliance; or

(b) at any time before a certificate of completion (building work) is issued.

(3) A certificate submitted under subregulation (2) is to state that the proposed building work or part of the proposed building work if carried out, or which has been carried out, in accordance with the relevant documents will comply with the Building Code of Australia in relation to the area of speciality as determined by the Director for that certificate.
(4) A certificate submitted under subregulation (2) is to –

(a) be in an approved form; and

(b) include a reference to the documents or reference relied upon; and

(c) if required by the building surveyor, be accompanied by relevant calculations, documents or reports.

(5) Any copies of drawings and specifications or other relevant documents submitted with an application, and to which a certificate referred to in subregulation (2) applies, are to be endorsed as agreed with the building surveyor.

14. Reporting authorities

The following persons are required to report on an application for a certificate of likely compliance or an occupancy permit:

(a) in the case of the fire safety requirements listed in Schedule 2, the Chief Officer;

(ab) in the case of building work to be undertaken by an owner builder, the Director;

(b) in the case of food premises, the relevant environmental health officer of the municipal area in which the premises are located.

15. Required report from Chief Officer

(1) If a person makes an application to a building surveyor for a certificate of likely compliance for building work that is required by the deemed-to-satisfy provisions of the Building Code of Australia to include any of the fire safety requirements listed in Schedule 2, or if the application includes any of the fire safety requirements listed in Schedule 2, the building surveyor is to forward copies of the following documents to the Chief Officer:

(a) a request in an approved form for a report;

(b) any relevant drawings, specifications or other documents submitted with the application.

(2) The report of the Chief Officer, being the reporting authority under section 63 of the Act, to the building surveyor is to –

(a) be in an approved form; and

(b) state, in relation to the provision or non-provision of the fire safety requirements listed in Schedule 2, whether or not, in the opinion of the Chief Officer, the building solutions are satisfactory in relation to –

(i) the relevant performance requirements of the Building Code of Australia; or

(ii) the relevant deemed-to-satisfy provisions of the Building Code of Australia; and

(c) state whether an evacuation plan is required under the General Fire Regulations 2000; and

(d) include copies of all additional documents or information sought or obtained by the Chief Officer directly from an owner or agent of the owner.

(3) A variation to an application to a building surveyor under subregulation (1), including a variation to an application to include an alternative solution raised by the Chief Officer in his or her report under subregulation (2), is to be treated as a new report and referred to the Chief Officer in accordance with subregulation (1).
(4) A report from the Chief Officer on an application to a building surveyor under subregulation (1) is not required if the application or variation involves only one or more of the following changes:

(a) hose reels are relocated to a new position that is within 4 metres of an existing exit;

(b) sprinkler heads are relocated, or additional ones added, to suit minor changes in partition or wall layout;

(c) as part of a fire detection and alarm system –

(i) a fire indicator panel is relocated or replaced within a foyer or main entrance to a building; or

(ii) a warning device is relocated or replaced to suit minor changes in partition or wall layout; or

(iii) heat or smoke detectors are relocated, or additional ones provided, to suit minor changes in partition or wall layout;

(d) the operational controls and indicators for a smoke-control air-handling system are relocated within a foyer or main entrance to the building;

(e) the fireman’s lift control is relocated within the lift or lift lobby;

(f) as part of an emergency warning and intercommunication system –

(i) warden intercommunication points are relocated, or additional points added, to suit minor changes to partition or wall layout; or

(ii) a master emergency control panel is relocated or replaced within a foyer or main entrance to the building; or

(iii) sounders are relocated, or additional sounders added, to suit minor changes to partition or wall layout.

(5) The notification by the building surveyor required by section 63(5) of the Act is to be made within the specified period.

15A. Required report from Director

(1) If an owner builder makes an application to a building surveyor for a certificate of likely compliance for building work, the building surveyor is to forward copies of the following documents to the Director:

(a) a request, in an approved form, for a report from the Director in accordance with subregulation (2);

(b) a copy of a signed and completed owner builder statement in accordance with section 24(1) of the Act;

(c) a copy of the title of the land on which the proposed building work is to be undertaken.

(2) The report of the Director, being the reporting authority under section 63 of the Act, to the building surveyor is to –

(a) be in writing; and

(b) state whether or not, in the opinion of the Director, a person is entitled to be an owner builder for the proposed building work; and

(c) state the number of buildings, as specified in the register of owner builders kept in accordance with section 278(3)(b) of the Act, that the owner builder has previously built.

(3) A building surveyor is not to grant a certificate of likely compliance in relation to proposed building work if the report provided to the building surveyor under subregulation (2) states that, in the opinion of the Director, a person is not entitled to be an owner builder for the proposed building work.
(4) If, when making a report to a building surveyor, the Director is of the opinion that a person is not entitled to build a building as an owner builder, the Director is to notify the person in writing of that fact.
(5) The notification by the building surveyor required by section 63(5) of the Act is to be made within the specified period.

16. Required report from environmental health officer

(1) If a person makes an application to a building surveyor for a certificate of likely compliance for building work in relation to food premises, the building surveyor is to forward copies of the following documents to the relevant environmental health officer:

(a) a request in an approved form for a report;

(b) any relevant drawings, specifications or other documents submitted with the application;

(c) details provided by the owner of the nature of the foods to be prepared and the types of manufacturing processes to be undertaken on the premises.

(2) The report of an environmental health officer, being the reporting authority under section 96 of the Act, to the building surveyor is to –

(a) be in an approved form; and

(b) state whether or not, in the opinion of the environmental health officer, the proposed building work is satisfactory –

(i) in relation to the food premises performance requirements of the Building Code of Australia; or

(ii) subject to subregulation (3), in relation to the food premises deemed-to-satisfy provisions of the Building Code of Australia; and

(c) include copies of all additional documents or information sought or obtained by the environmental health officer directly from an owner or agent of the owner.

(3) If an environmental health officer believes that a deemed-to-satisfy provision of the Building Code of Australia in relation to food premises should be altered, the environmental health officer –

(a) must undertake a Food Premises Verification Analysis; and

(b) is to provide 2 copies of the Analysis to the building surveyor with the report.

(4) An applicant must undertake a Food Premises Verification Analysis, or arrange for a Food Premises Verification Analysis to be undertaken, and provide 3 copies of the Analysis to the environmental health officer, if the applicant wishes the application to be assessed as complying with the performance requirements of the Building Code of Australia.
(5) If the environmental health officer agrees with the applicant’s Food Premises Verification Analysis undertaken or arranged under subregulation (4), the environmental health officer is to forward, with his or her report under subregulation (2), 2 copies of the Analysis to the building surveyor.
(6) A building surveyor is not required to accept a report from an environmental health officer, showing compliance with the performance requirements of the Building Code of Australia or requiring the deemed-to-satisfy provision of the Building Code of Australia to be altered, unless a copy of a completed Food Premises Verification Analysis is provided with the report.
(7) A building surveyor may not grant a certificate of likely compliance if the report issued by an environmental health officer under subregulation (2) states that the environmental health officer is of the opinion that a certificate of likely compliance is not to be issued, as the building work may create food safety risks of public significance.
(8) The notification by the building surveyor required by section 63(5) of the Act is to be made within the specified period.

17. Farm, historic and special-use buildings

(1) Subject to subregulation (2), a building surveyor may grant an application for a certificate of likely compliance for a farm building, or an historic building, on the Heritage Register in respect of building work which does not fully comply with the deemed-to-satisfy provisions of the Building Code of Australia if the building surveyor considers that the requirement –

(a) is inappropriate for the building due to its use, likely occupancy, location, design or form of construction; and

(b) may reasonably be varied.

(2) Unless each of the relevant function control authorities agrees, a building surveyor may not grant an application for a certificate of likely compliance under subregulation (1) if –

(a) the farm building or historic building is a special-use building; and

(b) the requirement that has not been complied with is a requirement for special-use buildings.

18. Granting of building permits

(1) For the purposes of section 71(e) of the Act, the following matters are relevant to the consideration of an application for a building permit:

(a) a plumbing permit or special plumbing permit is required and has been granted under the Act;

(b) a permit under Part 4 of the Land Use Planning and Approvals Act 1993 is required and has been granted in respect of the development;

(c) the development is not prohibited by a planning scheme, or interim order in force, under the Land Use Planning and Approvals Act 1993;

(d) an approval is required and has been issued under the Historic Cultural Heritage Act 1995;

(e) the environmental health officer is required to consent and has consented to the use of an on-site waste water management system;

(ea) in the case of an application by an owner builder, the following documents have been obtained:

(i) a copy of the certificate of likely compliance issued for the building work that is the subject of the application;

(ii) a copy of a signed and completed owner builder statement in accordance with section 24 of the Act;

(eb) a certificate for certifiable work (building) is required and has been issued under section 56TC of the Water and Sewerage Industry Act 2008;

(f) a certificate of insurance under the Housing Indemnity Act 1992 is required and has been obtained;

(g) a levy prescribed under Part 3 of the Building and Construction Industry Training Fund Act 1990 is required to be paid and has been paid;

(h) the building permit levy payable under section 270 of the Act has been paid.

(2) A permit authority may refuse to grant a building permit if not satisfied with the matters in subregulation (1).
(3) The permit authority is to specify the relevant mandatory notification stages referred to in regulation 8 on the building permit.

19. Permit for staged works

(1) A permit authority may state that regulation 18(1)(a) is not relevant, when considering an application for a staged building permit, to a latter stage or to the final stage of granting the building permit.
(2) The granting of a building permit to carry out a stage of building work is not an assurance that any further building permit will be granted in respect of the entire, or a further stage of, building work and this is to be stated on the permit.

20. Distribution of documents

(1) If the permit authority grants a building permit –

(a) the permit authority is to retain a paper copy or electronic copy of each document relevant to the permit; and

(b) the permit authority is to –

(i) endorse a copy of each document relevant to the permit to indicate that a building permit has been granted; and

(ii) return an endorsed copy of each document to the applicant and to the building surveyor; and

(c) if requested by the applicant, the permit authority is to –

(i) endorse an additional copy of each document relevant to the permit to indicate that a building permit has been granted; and

(ii) return the additional copy to the applicant.

(2) An endorsement is to be in an approved form.
(3) The builder is to ensure that the documents referred to in subregulation (1)(b) are made available on the site while the building work is being carried out.

21. Review of decision

(1) An applicant for a building permit may object to the imposition of a condition by a permit authority, or the refusal or failure to grant a building permit by a permit authority, by submitting written notice of the objection to the general manager.
(2) An objection is to –

(a) state the reasons for the objection; and

(b) be submitted within the specified period after the day on which the permit is granted or should have been granted.

(3) On receipt of an objection, the general manager is to request the permit authority to review the matter within a specified period, having regard to the reasons for the objection.
(3A) In conducting a review in relation to a building permit, the permit authority is to consult with any person whose consent, approval or permission was required under an Act to be obtained before the permit could be granted, if the objection to which the review relates is in respect of –

(a) a condition imposed on a building permit at the request of the person; or

(b) a refusal to grant a building permit because the person refused to grant the consent, approval or permission.

(4) After reviewing the matter, the permit authority may –

(a) confirm the condition or decision; or

(b) vary the condition or decision and grant a new building permit; or

(c) grant a building permit; or

(d) refuse a building permit.

(5) A condition on a certificate of likely compliance granted by a building surveyor is not to be altered by the permit authority without the consent of the building surveyor.

22. Change of owner, agent, designer or builder

(1) The owner of a building or land where building work is undertaken, the agent of such an owner, the designer of that building work or the builder undertaking that building work must notify the building surveyor of a change of name or address within the specified period after the change if the change occurs –

(a) after a building permit is granted; and

(b) before the building work is completed.

Penalty:

Fine not exceeding 20 penalty units.
(2) The building surveyor must notify the permit authority within the specified period of any change provided under subregulation (1).

Penalty:

Fine not exceeding 20 penalty units.
(3) A notification under subregulation (2) is to be in writing.

PART 4 - Carrying out Building Work

23. Alterations and extensions to existing buildings

A person must not diminish any of the following when carrying out an alteration or extension to an existing building that is currently occupied:

(a) the safety and health features;

(b) the access provisions.

Penalty:

Fine not exceeding 20 penalty units.

24. Testing of building materials

(1) A building surveyor may require a builder to arrange for a material or component that is to be used in the building work to be tested by a registered testing authority or a person acceptable to the building surveyor.
(2) The building surveyor may prohibit the use of any material tested under subregulation (1) which –

(a) does not comply with the Building Code of Australia; or

(b) is found to be defective; or

(c) is found to be unsuitable for the purpose for which it is used or intended to be used; or

(d) is used in a manner that is inconsistent with the configuration of the material that was tested.

25. Prevention of nuisances

A person must not allow dirt, dust, fumes, noise, smoke, building materials, sewage or concentrations of water which are caused by, or occur in the course of, building work to become –

(a) a public health risk; or

(b) a nuisance for an owner, occupier or user of adjoining land.

Penalty:

Fine not exceeding 20 penalty units and a daily fine not exceeding 10 penalty units for each day during which the offence continues.

26. Protection for public and adjoining properties

(1) A builder must provide and maintain a guard in respect of an excavation or void if the excavation or void –

(a) constitutes, or is made in the course of, building work; and

(b) is a danger to the public.

Penalty:

Fine not exceeding 20 penalty units.
(2) A builder is required to carry out protection work in accordance with Schedule 3.
(3) A building surveyor may require additional protection work to be carried out.

27. Requirements before building demolition or removal – general

A person must not demolish or remove a building unless the person has –

(a) received written advice from the appropriate electricity supply entity that all supply of electricity to the building has been disconnected and all aerial or underground electricity supply cables have been removed from the site; and

(b) received written advice from the operator of the appropriate gas network that all gas supply to the building has been disconnected and all supply lines have been removed from the site; and

(c) advised the general manager in writing of the timetable for capping stormwater drains; and

(d) advised the Chief Officer in writing, within the specified period, of the timetable in which the following actions are to occur:

(i) disconnection of all telephone lines or other signalling devices associated with the monitoring of all fire protection equipment monitored by the Tasmania Fire Service;

(ii) the removal, dismantling or alteration of any water supply to a building or water supply device, booster or other assembly associated with fire protection equipment;

(iii) the removal, dismantling or alteration of all occupant safety systems including an Emergency Warning Intercommunication System, air-handling system, stairwell pressurisation system or smoke or fire door; and

(e) advised in writing the regulated entity, within the meaning of the Water and Sewerage Industry Act 2008, of the timetable for capping any sewers and sealing off any water supply lines.

Penalty:

Fine not exceeding 20 penalty units.

27A. Requirements before building demolition or removal – asbestos

(1) A person must not demolish or remove a building unless the person has –

(a) taken all reasonably practicable steps to identify the presence of asbestos in the building; and

(b) complied with Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998.

Penalty:

Fine not exceeding 20 penalty units.
(2) A person must not remove a building unless the person has removed all asbestos (including material identified as containing asbestos) from the building in accordance with Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998.

Penalty:

Fine not exceeding 20 penalty units.

28. Requirements during building demolition or removal

A person must not demolish or remove a building unless –

(a) the demolition or removal is carried out –

(i) in accordance with a permit granted under these regulations; and

(ii) in a safe and professional manner; and

(b) the demolition of any wall which abuts on a public street is carried out only during the hours permitted by the permit authority; and

(c) the person takes reasonable action to prevent building material and debris falling onto or into –

(i) a place which is open to the public; and

(ii) any adjacent land or way; and

(d) the positions of capped sewer and stormwater drains and sealed-off water supply lines are clearly marked at the site; and

(e) the person leaves the site of the demolition or removal clean and tidy; and

(f) the person removes all broken glass or other dangerous or hazardous building material from the site.

Penalty:

Fine not exceeding 20 penalty units.

29. Starting building work

(1) The notification required under section 87(3) of the Act is to be –

(a) within the specified period; and

(b) in an approved form.

(2) A building surveyor is to forward to the Director within the specified period a copy of a notification received from an owner builder under section 87(3) of the Act.
(3) A notification required under section 87(3) of the Act is to be made in writing.

PART 5 - Inspections and Enforcement

30. Notification of mandatory notification stage

Notification of a mandatory notification stage listed on the building permit –

(a) is to state the date and time when the stage of the building work will be reached; and

(b) may be made in writing.

31. Non-inspection at a mandatory notification stage

If a building surveyor does not inspect building work, or cause building work to be inspected, at a mandatory notification stage, the building surveyor is to record on the certificate of final inspection –

(a) the reason why the inspection was not carried out; and

(b) whether any alternative inspection, certificate or justification was relied on.

32. Consent to proceed

A builder must not proceed with building work, or cover up building work that requires notification to a building surveyor at a mandatory notification stage, until –

(a) the builder has obtained the building surveyor's consent to proceed; or

(b) the specified period after the date and time referred to in a notification under regulation 30; or

(c) a notice or order issued under the Act in respect of the building work has been complied with or revoked.

Penalty:

Fine not exceeding 20 penalty units.

33. Direction to demolish, open, cut into or test

(1) A direction to uncover building work is to –

(a) be in an approved form; and

(b) be served on the builder; and

(c) set out, in detail, the building work which is to be uncovered to enable its inspection.

(2) The building surveyor may revoke, in writing, a direction to uncover building work if satisfied on other evidence that the building work is likely to comply with these regulations.
(3) A person must not undertake, or permit, any further building work which would make compliance with a direction to uncover building work more difficult or impossible.

Penalty:

Fine not exceeding 20 penalty units and a daily fine not exceeding 10 penalty units for each day during which the offence continues.

34. Written inspection directions

(1) For the purposes of section 91 of the Act, a written direction, or the written confirmation of an oral direction, is to –

(a) be in an approved form; and

(b) be given to the builder; and

(c) specify the building work which does not comply with the building permit and the basis of that non-compliance; and

(d) require the builder to make the building work comply with the building permit.

(2) A direction notice under section 91 of the Act may require that the builder notify the building surveyor when the work specified under subregulation (1)(c) complies with the building permit.
(3) A person must not undertake, or permit, any further building work that would make compliance with a direction under section 91 of the Act more difficult or impossible.

Penalty:

Fine not exceeding 20 penalty units and a daily fine not exceeding 5 penalty units for each day during which the offence continues.

35. Infringement notices

(1) For the purpose of section 243 of the Act, the offences in Column 3 of Schedule 4 are prescribed offences.
(2) The penalties listed in Column 4 of Schedule 4 are the prescribed penalties for the offences listed in Column 3 of that Schedule to which they respectively relate.
(3) If an infringement notice is served on a building practitioner under section 243 of the Act and is not withdrawn, the general manager or Director is to forward a copy of it to the authorised body who accredited the building practitioner.

PART 6 - Occupancy

36. Occupancy permits not required

(1) For the purposes of section 93(1)(b) of the Act, an occupancy permit is not required for a Class 10 building.
(2) Except as required by sections 93(2) and (3) of the Act, a new occupancy permit is not required for a building lawfully constructed and occupied prior to the commencement of these regulations if that building –

(a) is not used as a place of assembly; or

(b) is used as a place of assembly and had a certificate of occupancy issued under the Building Regulations 1994.

37. Occupancy permit required report

(1) A building surveyor is to request the reporting authority to inspect and report on an application by a person for an occupancy permit for a building or part of a building, in respect of which –

(a) building work is being undertaken that requires a report to be made under regulation 15(1) or regulation 16; or

(b) building work referred to in regulation 15(4) is being undertaken.

(2) A request to a reporting authority under subregulation (1) is to be –

(a) in writing; and

(b) accompanied by a copy of the application for an occupancy permit and any relevant documents submitted with the application.

(3) In the case of building work referred to in regulation 15(1) or (4), the Chief Officer is to provide a report to the building surveyor, within the specified period after receiving a request under subregulation (1), as to whether or not the operational components of the fire safety requirements listed in Schedule 2 installed for the building are adequate for occupation of the building or part of the building.
(4) A report in accordance with subregulation (3) is to include whether an evacuation plan has been approved in principle under the General Fire Regulations 2000.
(5) In the case of building work referred to in regulation 16, the environmental health officer is to provide a report to the building surveyor, within the specified period after receiving a request under subregulation (1), as to whether or not the food premises are suitable for occupancy.
(6) A report is to –

(a) be in an approved form; and

(b) include copies of all additional documents or information sought, or obtained, by the reporting authority directly from an owner or agent of the owner.

(7) The notification by the building surveyor required by section 98(4) of the Act is to be within the specified period.

38. Exemptions for temporary occupancy

Pursuant to section 105(b) of the Act, a temporary occupancy permit is not required for –

(a) a tent with a floor space of less than 75 square metres if –

(i) it is the only temporary structure on the site on which it is erected; and

(ii) it does not have an ignitable fuel source; and

(iii) it is not erected within 10 metres of an ignitable fuel source; and

(iv) it will not be used for more than 2 days; and

(v) it does not need a plumbing permit or special plumbing permit; and

(vi) it does not need electrical wiring; and

(vii) it does not need an off-site disposal system; and

(viii) it is erected at least 2 metres from any other building; or

(b) a tent erected in a caravan park, or camping or similar area; or

(c) a tent or other temporary structure, or a building, that –

(i) is of a type; or

(ii) is for a purpose; or

(iii) meets other criteria –

determined by the Director.

39. Temporary occupancy permit considerations

(1) A general manager is to take into account the following documents and matters when considering an application for a temporary occupancy permit for a building or temporary structure:

(a) a certificate of suitability for temporary occupation of the building provided by a building surveyor;

(b) the construction of the building;

(c) a certificate of likely compliance of the temporary structure with the requirements of the Building Code of Australia;

(d) the distance of the building or temporary structure from any adjoining fire source feature;

(e) the intended temporary occupancy use of the building or temporary structure;

(f) any access to waste water management systems in place or provided;

(g) any plumbing permit or special plumbing permit granted;

(h) any access to a temporary water supply;

(i) the suitability of the electrical installation in and around the building or temporary structure.

(2) A certificate of suitability provided by a building surveyor under subregulation (1)(a) is to be in an approved form.
(3) In considering a document or matter under subregulation (1), a general manager may rely on any manufacturer's documents submitted in support of the document or matter.

40. Permit information and display

(1) On being issued with an occupancy permit under section 100 of the Act, the owner of a building, other than a Class 1a, 4 or 10 building, must display the occupancy permit in respect of the building in a prominent place in the main public entry to that building.

Penalty:

Fine not exceeding 20 penalty units.
(2) On being issued a temporary occupancy permit under section 108 of the Act, the owner or agent of the owner of the building or temporary structure must display the temporary occupancy permit in a prominent place in the building or temporary structure.

Penalty:

Fine not exceeding 20 penalty units.

41. Occupancy limits

(1) The number of persons that are entitled to use a building at any one time is the least number of persons shown on the occupancy permit for which –

(a) exits are provided; or

(b) sanitary facilities are provided.

(2) A person in charge of a building must ensure that the number of persons at any particular time occupying the building is not more than the number of persons that are entitled to use the building as specified in subregulation (1).

Penalty:

Fine not exceeding 20 penalty units and a daily fine not exceeding 10 penalty units for each day during which the offence continues.
(3) A person in charge of a building, or temporary structure, for which a temporary occupancy permit has been issued must ensure that the number of persons at any particular time occupying the building or temporary structure is not more than the occupancy limit stated on the temporary occupancy permit.

Penalty:

Fine not exceeding 20 penalty units and a daily fine not exceeding 10 penalty units for each day during which the offence continues.

PART 7 - Maintenance of certain features and measures

42. Application of Part

This Part applies to Class 1b, 2, 3, 4, 5, 6, 7, 8 and 9 buildings.

43. Interpretation

In this Part –

prescribed essential safety and health feature means  –

(a) a feature required by the Building Code of Australia to be provided in a building and described as a safety measure in the Tables in Part I1 of the Building Code of Australia as follows:

(i) Table I1.1 – building fire integrity;

(ii) Table I1.2 – means of egress;

(iii) Table I1.3 – signs;

(iv) Table I1.4 – lighting;

(v) Table I1.5 – fire fighting services and equipment;

(vi) Table I1.6 – air-handling systems;

(vii) Table I1.7 – automatic fire detection and alarm systems;

(viii) Table I1.8 – occupant warning systems;

(ix) Table I1.9 – lifts;

(x) Table I1.10 – standby power supply systems;

(xi) Table I1.12 – other measures; and

(b) a feature required by the Building Code of Australia to be provided in a building and described as mechanical ventilation, and hot water, warm water and cooling water systems in clause I1.2 of Part I1 of the Building Code of Australia; and

(c) any of the following features required to be maintained by the Plumbing Regulations 2004:

(i) an on-site waste water management system;

(ii) a backflow prevention device;

(iii) a thermostatic mixing valve or tempering valve installed in early childhood centres, primary and secondary schools, hospitals and nursing homes, or similar facilities for people with disabilities, young people, elderly people or sick people; and

(d) any other feature provided in a building, or provided as a result of an alternative solution, which is designated by a building surveyor as an essential safety and health feature;

prescribed essential safety and health measure means –

(a) a measure required by the Building Code of Australia to be provided in a building and described as a safety measure in the Tables in Part I1 of the Building Code of Australia as follows:

(i) Table I1.11 – building clearance and fire appliance access;

(ii) Table I1.13 – building use and application; and

(b) an emergency evacuation procedure; and

(c) any other measure provided in a building, or as a result of an alternative solution, which is designated by a building surveyor as an essential safety and health measure.

44. Determining appropriate essential safety and health features and measures

(1) A building surveyor who issues an occupancy permit for a building is to determine for, and attach to, the occupancy permit a schedule of the prescribed essential safety and health features and prescribed essential safety and health measures appropriate to the building for which maintenance is required.
(2) In determining the prescribed essential safety and health features and prescribed essential safety and health measures required, the building surveyor is to have regard to –

(a) any details provided with an application for a certificate of likely compliance; and

(b) regulation 45(3) and regulation 46.

(3) The schedule of prescribed essential safety and health features and prescribed essential safety and health measures is to be in an approved form.
(4) If an alteration or addition to a building occurs, the building surveyor is to update the schedule of prescribed essential safety and health features and prescribed essential safety and health measures attached to the occupancy permit to one consolidated schedule for the building.

45. Maintenance of prescribed essential safety and health features

(1) Each of the following persons must maintain, or cause to be maintained, the prescribed essential safety and health features of the building whether or not building work has been carried out on that building:

(a) an occupier of the building in which the prescribed essential safety and health feature is installed with a contractual responsibility for the maintenance of the prescribed essential safety and health features in the building, or part of the building;

(b) if the occupier does not have a contractual responsibility to maintain the prescribed essential safety and health feature, the owner of the building in which the prescribed essential safety and health feature is installed.

Penalty:

Fine not exceeding 20 penalty units.
(2) If a building has been completed prior to the commencement of these regulations, the prescribed essential safety and health features of the building must be maintained so as to perform to a standard that is not less than the standard to which they were originally required to perform.
(3) If a building has been completed, or an alteration has been made to a building, after the commencement of these regulations, the prescribed essential safety and health features of the building or alteration must –

(a) be maintained so as to perform to a standard that is not less than –

(i) the standard to which they were originally required to perform; and

(ii) the standard set out in Part I of the Building Code of Australia for that prescribed essential safety and health feature; and

(b) be tested or inspected at the relevant frequency of testing or inspection specified by the Director.

(4) If a feature referred to in paragraph (c) of the definition of prescribed essential safety and health feature in regulation 43 is required to be maintained by the Plumbing Regulations 2004, that feature is to be maintained in accordance with the relevant provision of the Plumbing Regulations 2004.
(5) A person must not prevent the maintenance of a prescribed essential safety and health feature.

Penalty:

Fine not exceeding 20 penalty units.

46. Maintenance of prescribed essential safety and health measures

(1) An owner, or occupier, required to maintain the prescribed essential safety and health features of a building under regulation 45 must –

(a) maintain the prescribed essential safety and health measures to a standard that is not less than the standard for that safety and health measure in Part I of the Building Code of Australia; and

(b) test or inspect the prescribed essential safety and health measure at the relevant frequency of testing or inspection specified by the Director.

Penalty:

Fine not exceeding 20 penalty units.
(2) A person must not prevent the maintenance of a prescribed essential safety and health measure.

Penalty:

Fine not exceeding 20 penalty units.

47. Annual maintenance statement

For the purposes of section 120 of the Act, an annual statement referred to in that section is to be –

(a) in an approved form; and

(b) displayed next to the building's occupancy permit; and

(c) for a building completed on or after 1 July 2004, displayed no later than 14 days after the anniversary date of the building's occupancy permit; and

(d) for a building completed before 1 July 2004, displayed no later than –

(i) in the case of the first annual statement, 14 July 2006; and

(ii) in the case of a subsequent annual statement, by the anniversary date of the display of the first annual statement.

48. Safety and health records to be kept

(1) The owner of a building is to keep all records that relate to the maintenance of prescribed essential safety and health features, and prescribed essential safety and health measures, undertaken for the last 10 years in a secure place away from the building.
(2) The location and type of each prescribed essential safety and health feature and each prescribed essential safety and health measure is to be included in the record kept under subregulation (1).
(3) A copy of the records required under subregulation (1) is to be kept on site.
(4) A permit authority, by giving the specified notice, may request access to the records referred to in subregulation (1) or (3).

PART 8 - Miscellaneous

49. Building certificates

(1) An application for a building certificate is to be in an approved form.
(2) As soon as practicable after receiving an application for a building certificate, the general manager is to determine if he or she is entitled to do any of the following acts in respect of the building:

(a) issue an emergency order;

(b) issue a building notice;

(c) serve a building order;

(d) issue a plumbing notice;

(e) serve a plumbing order;

(f) issue a fire upgrade notice;

(g) serve a building order relating to a fire hazard;

(h) any other act under the Act.

(3) The general manager is to grant a building certificate in respect of a building if satisfied that –

(a) he or she is not entitled to do any of the acts referred to in subregulation (2); or

(b) he or she is entitled to do any such act but does not intend to do so and gives reasons for not doing so.

(4) A building certificate granted under subregulation (3) is to be in an approved form.
(5) If a building certificate is granted in respect of a building, no act referred to in subregulation (2) may be taken by the general manager –

(a) in relation to a matter which existed or occurred before the date on which the certificate was granted; or

(b) within 7 years after that date in relation to the deterioration of the building caused by reasonable wear and tear.

(6) If the general manager refuses to grant a building certificate, the general manager, by written notice, is to advise the person who applied for the certificate of –

(a) the refusal and the reason for that refusal; and

(b) any action required to enable the general manager to grant a building certificate in respect of the building.

(7) A refusal to grant a building certificate is to be in an approved form.

50. Heating appliances

(1) A person must notify a permit authority, within a specified period after starting the installation, of his or her intention to install a stove, or a heater or similar appliance, which burns oil or solid fuel.

Penalty:

Fine not exceeding 20 penalty units.
(2) A person who undertakes the installation must notify the permit authority that the installation has been carried out in accordance with the Building Code of Australia within the specified period after the completion of the installation.

Penalty:

Fine not exceeding 20 penalty units.
(3) A notification under subregulation (1) or (2) is to be in an approved form.
(4) A permit authority may inspect, or cause an inspection to be made of, the installation and require that the installation be made to comply with the Building Code of Australia.

51. Appeal under regulations

A person who was a party to a decision under these regulations may appeal to the Appeal Board against that decision.

52. Appeal Board fee

(1) For the purposes of section 219(1)(c) of the Act, the prescribed fee for an appeal or application to the Board is the fee listed for that appeal or application in Schedule 5.
(2) The fees prescribed in Schedule 5 are payable to the Director.

52A. When building permit levy is payable

For the purposes of section section 270(1)(a) of the Act, the prescribed amount is $12 000.

53. Building permit levy

For the purpose of section 270(2)(c) of the Act, the prescribed amount for the building permit levy is to be calculated at the rate of 0.1 percent of the estimated cost of the building work.

53A. Application fee for building practitioner accreditation

(1) The fee payable to the Director by a person who makes an application to the Director for accreditation under section 26(1) of the Act is 120 fee units.
(2) The fee prescribed under this regulation is exempt from GST.

53B. Annual building practitioner accreditation fee

(1) The fee payable to the Director by an accredited building practitioner, who is not also an architect as defined in the Architects Act 1929, for the issue of a certificate of accreditation under section 27 of the Act is 240 fee units.
(2) The fee payable to the Director by an accredited building practitioner, who is also an architect as defined in the Architects Act 1929, for the issue of a certificate of accreditation under section 27 of the Act is 195 fee units.
(3) The person liable to pay a fee under subregulation (1) or (2) is to pay that fee to the Director –

(a) on the issue of the certificate of accreditation; and

(b) on each 12-month anniversary of that accreditation while the accreditation remains in force.

(4) The fees prescribed under this regulation are exempt from GST.

53C. Replacement certificate of accreditation

(1) An accredited building practitioner may apply to the Director for the replacement of a certificate of accreditation previously issued under section 27 of the Act.
(2) An application must be –

(a) in an approved form; and

(b) accompanied by a replacement fee of 40 fee units.

(3) The Director is to issue a replacement certificate of accreditation if he or she is satisfied that the applicant is eligible and has complied with this regulation.
(4) The fee prescribed under this regulation is inclusive of GST.

54. Transitional and savings provisions

The transitional and savings provisions set out in Schedule 6 have effect.

55. 

See Schedule 7.

SCHEDULE 1 - Special Fire Hazard Materials

Regulation 3

1. Animal, mineral or vegetable oil or any product of such material.

2. Bitumen, tar, any tar product, caulking or sealing compound or surfacing material.

3. Cork.

4. Enamel, lacquer, paint or varnish.

5. Explosives, fireworks or matches.

6. Fibre, any fibrous product or any manufactured product of cotton, flax, hemp, jute, silk, synthetic fibre or wool.

7. Flammable gas or liquid.

8. Fodder or food other than fresh food.

9. Gum, polish, resin, wax or any product of such material.

10. Inorganic chemicals or finely powdered metal.

11. Leather, skin or any product of such material.

12. Natural or synthetic rubber, or any product of such material.

13. Organic chemicals.

14. Paper or paper products other than such material stored in rolls.

15. Plastic or plastic products.

16. Timber or timber products.

17. Foam or foam products.

SCHEDULE 2 - Fire Safety Requirements to be reported on and inspected by Chief Officer

Regulations 14, 15 and 37

The fire safety requirements listed below are the requirements to be reported on and inspected by the Chief Officer for their operational suitability only.

1. Emergency vehicle access (BCA C2.3 and C2.4).

2. Booster assembly –

(a) provision of portable relay boost pump;

(b) location and suitability of fire authority booster connections and enclosures;

(c) provision of documentation and signage*.

3. Fire mains –

(a) suitability of water flows and pressure;

(b) location of control valves;

(c) provision of documentation and signage.

4. Hydrant and hose reels –

(a) location of external and internal hydrants and hose reels;

(b) fire separation of hydrant from adjoining buildings;

(c) provision of –

(i) roof hydrants;

(ii) hard standing for fire appliances;

(d) suitability of type of hose connections;

(e) operation controls for pump sets*.

5. Sprinklers (including wall-wetting sprinklers) –

(a) location of valve room, pumps, water alarm and fire authority boosters points;

(b) operation controls of pump sets;*

(c) provision of signage;*

(d) connection of alarm to fire authority;

(e) location of sprinkler heads;

(f) documentation at the valves set/FIP*;

(g) location of isolation valves.

6. Fire and smoke alarms (in Class 2-9 buildings) –

(a) location of –

(i) fire indicator panels and/or sub-indicator panels;

(ii) local warning devices;

(iii) repeater/mimic panel;

(iv) manual call points;

(v) heat and smoke detectors and alarms;

(vi) other heat or smoke-sensing devices;

(b) weather protection, accessibility and lighting of equipment;

(c) connection of alarm to fire authority;

(d) suitability of either smoke or heat detection systems or other heat or smoke-sensing devices;

(e) suitability of detectors in critical areas to avoid unwanted alarms;

(f) documentation and signage at the FIP and/or sub-indicator panel*.

7. Fire control centres –

(a) location of control centres;

(b) size and contents;

(c) ventilation, signage, lighting and sound levels.

8. Provisions for special fire hazard buildings (BCA E1.10, E2.3) –

(a) location of control valves;

(b) accessibility for fire authority vehicles;

(c) suitability of extinguishing agent;

(d) interface with other alarms and suppression systems;

(e) connection of alarm to fire authority.

9. Stairwell pressurisation –

(a) emergency operation controls and indicators;

(b) location of actuation detectors.

10. Air-handling systems – operational controls and indicators.

11. Smoke and heat vents –

(a) operational controls and indicators;

(b) location of actuation detectors.

12. Smoke exhaust –

(a) operational controls and indicators;

(b) location of actuation detectors.

13. Emergency lifts – fireman's lift controls.

14. Emergency warning and intercommunication systems –

(a) provision of suitable auxiliary warning device;

(b) location of –

(i) warden intercommunication point;

(ii) master emergency control point;

(iii) sounders;

(c) provision and location of documentation and signage at the MECP and WIP points*.

* Items are to be provided at the time of inspection prior to the issuing of an occupancy permit.

SCHEDULE 3 - Required Protection Work

Regulation 26

1. Owners are required to carry out protection work in the following circumstances:

(a) if a party wall is to be made good, underpinned or repaired;

(b) if a party wall is to be pulled down or built;

(c) in the case of buildings connected by arches, or communications over public ways or over passages belonging to another person, if there is a need to rebuild or repair to conform with existing standards;

(d) when a retaining wall requiring a building permit is to be built on the boundary of two or more properties;

(e) when trenching for any purpose is required through property other than the owner's;

(f) when cutting away any footings or chimney breasts, jambs or flues or other projections from any party wall or external wall in order to erect an external wall against that party or external wall;

(g) if the owner intends to raise a party fence wall or pull it down and rebuild it as a party wall;

(h) if the building owner intends to cut away or take down such part of any wall or building of an adjoining owner as may be necessary, in consequence of that wall’s or building's overhanging or encroachment upon the ground of the building owner, in order to erect an upright wall against it on condition of making good any damage sustained by the wall or building by reason of such cutting away or taking down;

(i) if the building owner intends to erect, or excavate to a level below that of the adjoining owner's footings, along the title boundary or within 3 metres of a building belonging to an adjoining owner.

SCHEDULE 4 - Act infringement notice offences

Regulation 35

Provision of Act or regulations

Description of offence

Penalty

units

Natural persons

Body corporate

1.  

Section 23(1)

Carrying out building work as required without accreditation

2

10

2.  

Section 23(2)

Claiming to be an accredited building practitioner when not accredited

2

10

3.  

Section 44(3)

Failure to comply with an Appeal Board direction

1.5

5

4.  

Section 45(3)

Failure to comply with an Appeal Board notice

1.5

5

5.  

Section 50(1)

Carrying out building work without the required insurance cover

2

10

6.  

Section 50(2)

Selling a building as set out without required insurance cover

2

10

7.  

Section 50(3)

Falsely claiming to hold required insurance cover

2

10

8.  

Section 52

Exercising powers of building surveyor in relation to work in which the building surveyor has an interest

2

10

9.  

Section 53

Engaging another building surveyor without referral by the original surveyor

2

10

10.  

Section 54

Removing a building surveyor from engagement without consent of the Director

2

10

11.  

Section 60(1)

Carrying out building work without the required building permit

2

10

12.  

Section 69(2)

Making application as agent of an owner without written authorisation

1

1.5

13.  

Section 74(1)

Failure to comply with a condition of a building permit

2

10

14.  

Section 85(1)

Failure to carry out building work in accordance with the Act or building permit

2

10

15.  

Section 87(3)(b)

Starting building work without notifying building surveyor

1.5

5

16.  

Section 88(1)

Failure to notify building surveyor before completion of mandatory notification stage

1.5

5

17.  

Section 93(1)

Occupying a building as set out without relevant occupancy permit

2

10

18.  

Section 93(2)

Failure to obtain a new occupancy permit after refurbishment

1.5

1.5

19.  

Section 93(3)

Failure to obtain a new occupancy permit after change in building use

1.5

1.5

20.  

Section 94(3)

Making application as an agent of an owner without written authorisation

1

1.5

21.  

Section 100(4)

Failure to display an occupancy permit as required

1

1.5

22.  

Section 102

Failure to notify the permit authority of the issue of an occupancy permit and to provide a copy of the permit

1

1.5

23.  

Section 103

Occupying a building in contravention of the occupancy permit

2

10

24.  

Section 105

Occupying an existing building or temporary structure without required permit

2

10

25.  

Section 106(2)

Making application as an agent of an owner without written authorisation

1

1.5

26.  

Section 116

Inhabiting, as set out, a building that is not built as a dwelling

1.5

1.5

27.  

Section 117(2)

Changing the use of a building without complying with the Act

2

10

28.  

Section 117(3)

Failure to obtain a building permit or new occupancy permit for a change of use

2

10

29.  

Section 118

Restricting the use of unoccupied land without the consent of the general manager

1.5

1.5

30.  

Section 120(1)

Failure to maintain prescribed essential safety and health features of a building

2

10

31.  

Section 120(2)

Failure of an owner to display an annual statement of prescribed essential safety and health features and measures

1

1.5

32.  

Section 121(1)

Failure to notify adjoining owner and the building surveyor of proposed building or protection work

1.5

5

33.  

Section 127

Carrying out building work without protection work as agreed or determined

2

10

34.  

Section 129(2)

Failure to comply with an emergency protection work notice

2

10

35.  

Section 130

Failure to carry out protection work in accordance with the Act

2

10

36.  

Section 131(1)

Failure to enter into required contract of insurance for protection work

2

10

37.  

Section 133(2)

Failure to provide notice of intention to enter adjoining property for the purpose of carrying out protection work

1

1.5

38.  

Section 134

Refusing admission to a person in accordance with a notice or agreement to carry out survey or protection work, or hindering the person in that work

1.5

5

39.  

Section 135(1)

Failure to provide, as required, a complete set of documents showing the protection work carried out

1

1.5

40.  

Section 141(1)

Failure to provide required notice to an adjoining owner or occupier

2

10

41.  

Section 142(2)

Failure of an owner to comply with a notice from adjoining owner

2

10

42.  

Section 150(1)

Erecting, altering or adding to a building in an A landslip area without the Minister's permission

2

2

43.  

Section 151(1)

Failure to comply with these regulations when erecting, altering or adding to a building in a B landslip area

2

2

44.  

Section 151(2)

Storing certain substances in a B landslip area

2

2

45.  

Section 152(1)

Aggravating an existing landslip condition while erecting, altering or adding to a building in a landslip area

2

2

46.  

Section 152(2)

Performing a certain activity in a landslip area except in accordance with these regulations

2

2

47.  

Section 155

Erecting a building between the building line and the boundary of a road

2

2

48.  

Section 157(1)

Carrying out building work on certain land before cleaning or remedying as required

1.5

1.5

49.  

Section 157(2)

Carrying out building work on land when the land is not capable of being drained as required

1.5

1.5

50.  

Section 158

Erecting or placing certain buildings without effluent or waste water systems as required

1.5

1.5

51.  

Section 159

Erecting or placing habitable rooms less than 300 millimetres above the designated flood level

1.5

1.5

52.  

Section 160(1)

Carrying out building work over, or within one metre of, an existing drain unless authorised

1.5

1.5

53.  

Section 161

Carrying out building work over or within a service easement unless authorised

1.5

1.5

54.  

Section 162(4)

Failure to comply with an emergency order

2

10

55.  

Section 170(7)

Failure to comply with a building order

2

10

56.  

Section 174

Failure to provide a copy of a building order to the relevant permit authority as required

1

1.5

57.  

Section 182(1)

Failure of owner to comply with a condition of a permit to proceed

2

10

58.  

Section 184(5)

Failure of owner to comply with a condition of a certificate of substantial compliance

2

10

59.  

Section 190(1)

Failure to comply with a condition of a permit of substantial compliance

2

10

60.  

Section 199(1)

Failure to notify completion of work carried out under certain orders

1

1.5

61.  

Section 201(2)

Failure to carry out building work in accordance with these regulations unless otherwise directed

2

10

62.  

Section 222(3)

Failure to comply with requirement to attend a hearing or produce document

1

1

63.  

Section 222(5)

Refusing to answer a question

1

1

64.  

Section 240

Providing or omitting information, &c., under the Act knowing it to be false or misleading

2

10

65.  

Section 241

Committing an offence against an authorised person

2

2

66.  

Section 260(2)

Failure of authorised person to produce evidence of identity and delegation on request

1

1

67.  

Section 268

Installing an appliance which burns oil or solid fuel in contravention of these regulations or the Building Code of Australia

1

2

68.  

Regulation 11

Failure to locate building work in compliance with the building permit

1

2

69.  

Regulation 22(1)

Failure to notify building surveyor of change of details as required

1

70.  

Regulation 22(2)

Failure of building surveyor to pass on change of details to permit authority

1

71.  

Regulation 23

Diminishing certain characteristics of a building when altering or extending

1

2

72.  

Regulation 25

Failure to prevent a public health risk or nuisance in the course of building work

1 and 0.5 per day

2

73.  

Regulation 26(1)

Failure to provide and maintain a guard in respect of an excavation or void

1

2

74.  

Regulation 27

Failure to comply with the requirements of these regulations before demolishing or removing a building

1

2

74A.  

Regulation 27A(1)

Demolishing or removing a building without –

1

2

(a) taking all reasonably practicable steps to identify the presence of asbestos in the building; and

(b) complying with Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998

74B.  

Regulation 27A(2)

Removing a building without removing all asbestos in accordance with Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998

1

2

75.  

Regulation 28

Failure to comply with these regulations while demolishing or removing a building

1

2

76.  

Regulation 32

Covering up or proceeding with building work before the required time

1

2

77.  

Regulation 41(2)

Failure to ensure that the number of people using the building is within the permissible limit

1

2

78.  

Regulation 41(3)

Failure to ensure that the number of people occupying the building is within the occupancy limit

1

2

79.  

Regulation 45(1)

Failure to maintain prescribed essential safety and health features as required

1

2

80.  

Regulation 45(5)

Preventing the maintenance of a prescribed essential safety and health feature

1

2

81.  

Regulation 46(1)

Failure to maintain, test or inspect the prescribed essential safety and health measures as required

1

2

82.  

Regulation 46(2)

Preventing the maintenance of a prescribed essential safety and health measure

1

2

83.  

Regulation 50(1)

Failure to notify of the intention to install of an appliance which burns oil or solid fuel

1

2

84.  

Regulation 50(2)

Failure to notify as required that the appliance which burns oil or solid fuel was installed in accordance with the Building Code of Australia

1

2

SCHEDULE 5 - Fees

Regulation 52

PART 1

Provision of Act under which appeal or application is made

Fee units

Class of

building and

floor area

Class 1 and 10

Class 2-9 Floor area less than 500m2

Class 2-9 Floor area equal to or greater than 500m2

1.  

Appeal relating to protection work or other building work on adjoining property under section 136, 137, 147 or 213

100

150

200

2.  

Disputes relating to matters in Building Regulations or Plumbing Regulations under section 204(b)

100

150

200

3.  

Permits under section 209

100

150

200

4.  

Occupancy permits or temporary occupancy permits under sections 210 and 212

100

150

200

5.  

Orders under section 211

150

200

250

6.  

Decision of, or exercise or non-exercise of power by, building surveyor or permit authority under section 214, 215 or 216

100

150

200

7.  

Exercise of power under the General Fire Regulations 2000 under section 217

100

150

200

8.  

Application or modification of the Tasmanian Plumbing Code or the Building Code of Australia under section 218

100

175

225

Note: All fees and levies are exempt from GST.

PART 2

Type of Appeal

Fee units

1.  

Appeals relating to accreditation or conduct under sections 26, 32 and 40

200

SCHEDULE 6 - Transitional and Savings Provisions

Regulation 54

1. Work by a building practitioner before commencement of Act

Work of a building practitioner, in relation to building work with an estimated cost of more than $5 000 that required a permit under the Building Regulations 1994, that was contracted to start, or has started and has not been finished prior to the commencement of the Act is not work that requires a person to be accredited under section 23(1) of the Act.

2. Work by an owner builder before commencement of Act

Work of an owner builder, in relation to building work with an estimated cost of more than $5 000 that required a permit under the Building Regulations 1994, that is covered by a building permit under those regulations and has not been finished prior to the commencement of the Act is not work that is taken into account in determining the work of an owner builder under the definition of "owner builder" in section 3(1) of the Act.

3. Occupancy permit for building built prior to 1994

A place of assembly is not required to have a new occupancy permit under regulation 36(2) for the period of 24 months commencing on the commencement of these regulations if the place of assembly was built before 1994.

4. Application for building permit under Building Regulations 1994

      (1) An application for a building permit made under the Building Regulations 1994 and not dealt with, or determined, before the commencement of these regulations is to be dealt with and determined under the Building Regulations 1994 as in force immediately before these regulations commenced.

      (2) A permit issued as a result of an application dealt with under subclause (1) is a building permit for the purposes of the Act.

SCHEDULE 7

The amendments effected by Regulation 55 and this Schedule have been incorporated into authorised versions of the following Statutory Rules:

(a) Building Amendment Regulations 1999;

(b) Building Amendment Regulations 2000;

(c) Building Amendment Regulations 2002;

(d) Building Regulations 2003.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 June 2004.

These regulations are administered in the Department of Infrastructure, Energy and Resources.

Table Of Amendments
CitationSerial NumberDate of commencement
Building Regulations 2004S.R. 2004, No. 43 1.7.2004
Building Amendment Regulations 2005S.R. 2005, No. 10 1.3.2005
Building Amendment Regulations (No. 2) 2005S.R. 2005, No. 57 29.6.2005
Building Amendment Regulations 2006S.R. 2006, No. 17 22.3.2006
Building Amendment Regulations 2007S.R. 2007, No. 34 1.7.2007
Monetary Penalties Enforcement (Transitional Arrangements and Consequential Amendments) Act 2007No. 72 of 2007 28.4.2008
Building Amendment Regulations 2009S.R. 2009, No. 56 1.7.2009
Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005No. 52 of 2005 1.7.2009
Building Amendment Regulations (No. 2) 2009S.R. 2009, No. 172 23.12.2009
Building Amendment Regulations 2011S.R. 2011, No. 85 29.8.2011
Building Amendment Regulations 2012S.R. 2012, No. 104 28.11.2012
Building Amendment Act 2012No. 20 of 2012 28.11.2012
Explosives Act 2012No. 4 of 2012 1.1.2013
Building Amendment Regulations 2013S.R. 2013, No. 51 1.7.2013
Building Amendment (Installation of Solar Panels) Regulations 2013S.R. 2013, No. 79 6.11.2013
Urban Drainage Act 2013No. 71 of 2013 19.12.2013
Building Amendment Regulations 2014S.R. 2014, No. 54 4.6.2014


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