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Building Regulations 2004 (NI)

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Reg No. 3 of 2004
Other document - Other as made
This is a regulation of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Regional Development and Cities
Registered 16 Dec 2015

 

NORFOLK                 ISLAND

 

BUILDING REGULATIONS 2004

 

[Consolidated as at 17 November 2013

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

 

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TABLE OF PROVISIONS

 

         1.      Short title

         2.      Commencement

         3.      Interpretation

         4.      Forms

         5.      Exemption of building activities

         6.      Norfolk Island Building Code

         7.      Building application form

         8.      Building approval modification application form

         9.      Compliance order

       10.      Instrument of appointment of authorised officers           

       11.      Stages and inspection of building work

       12.      Lapsing of building approval

       13.      Bodies accredited for building products, etc

       14.      Form for compliance declarations

       15.      Occupancy certificate

       16.      Application for building approval

       17.      Application fees

       18.      Copy fee

                  Schedule 1

                  Schedule 2

                  Schedule 3

                  Schedule 4

 

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NORFOLK                            ISLAND

 

 

Building Regulations 2004

_______________________________________________________________________

 

Short title

      1.         These Regulations may be cited as the Building Regulations 2004.

Commencement

      2.         These Regulations shall commence operation on the day on which notification of their being made is published in the Gazette.

Interpretation

      3.         In these Regulations, unless the contrary intention appears —

“the Act” means the Building Act 2002;

“approved form” means a form approved by the Chief Executive Officer under Regulation 4;

“pergola” does not include a building or structure with a roof or sides that are impermeable to the wind.

Forms

      4.         (1)        If a provision of these Regulations requires a person to use an approved form, the Chief Executive Officer must approve a form for the purpose of the provision.

                  (2)        A person may ask the Chief Executive Officer for a document setting out an approved form.

                  (3)        The Chief Executive Officer must comply promptly with the request.

Exemption of building activities

      5.         For the definition “building activity” in section 5 of the Act, the activities listed in Schedule 1 of these Regulations are not building activities.

Norfolk Island Building Code

      6.         For the purposes of section 6 of the Act, the Norfolk Island Building Code is as provided for in Schedule 2 of these Regulations.

Building application form

      7.         A building application to the Chief Executive Officer under Part 3 of the Act shall be in the approved form.

Building approval modification application form 

      8.         An application to modify a building approval under section 23 of the Act shall be in the approved form.

Compliance order

      9.         A compliance order issued by an authorised officer under Part 6 of the Act shall be in the approved form.

 

 


 

Instrument of appointment of authorised officers

      10.       An instrument of appointment of an authorised officer shall be in the approved form and signed by the officer.

Stages and inspection of building work

      11.       (1)        For subsection 17(6) of the Act, the stages of building work for which conditions about those stages are required are the stages specified in Schedule 3 of these Regulations.

Lapsing of building approval

      12.       For the purposes of section 31 of the Act —

“prescribed date” in relation to the lapsing of a building approval means the later of —

(a)        24 months after the approval is given; or

(b)        a later date specified in the approval.

Bodies accredited for building products, etc

      13.       For section 35 of the Act, the persons or bodies specified in Schedule 4 of these Regulations are accredited.

Form for compliance declarations 

      14.       A compliance declaration under Division 2 of Part 4 of the Act shall be in the approved form.

Occupancy certificate

      15.       (1)        An occupancy certificate under Division 2 of Part 4 of the Act shall be in the approved form.

                  (2)        If more than one occupancy certificate has been issued in relation to a building, the Chief Executive Officer may issue a consolidated occupancy certificate in relation to the whole building and where the Chief Executive Officer does so the Chief Executive Officer shall revoke the existing occupancy certificates.

Application for building approval

      16.       An application for a building approval shall be accompanied by —

(a)        drawings showing the plan and proposed usage at each floor level, elevations, sections and dimensions of the building, the sizes and locations of structural members to a scale of not less than 1:100; and

(b)        drawings containing sufficient detail and at a scale appropriate to the work carried out or to be carried out to show the plumbing and drainage work to be carried out; and

(c)        drawings to a scale of not less than 1:500 showing —

(i)         the boundaries and dimensions of the allotment, relevant easements and adjacent streets; and


(ii)        the position and dimension of the building and the relationship of the building to the boundaries of the allotment, existing buildings on the allotment and adjoining allotments together with details of the purposes for which the buildings are to be used; and

(iii)       the levels of the site and of the floors of the building in relation to an adjoining street channel, if any; and

(iv)       the location of protected trees identifying or specifying the species of each tree, where the distance of the protected tree from the proposed building is less than or equal to the height of the tree plus 5m; and

(d)       in the case of an alteration or modification of a building, a statement that describes the purposes for which the building has been used and is to be used.

Application fees

      17.       (1)        For the purposes of paragraph 10(2)(c) of the Act, the prescribed fee for a building application for building approval is the same fee as is prescribed for a development application by paragraph 44(1) of the Planning Regulations 2004, but if a fee has been previously paid under the said paragraph 44(1), no fee shall be payable under this paragraph.

                  (2)        For the purposes of paragraph 24(2)(b) of the Act, the prescribed fee for an application for a building approval modification is the same fee as is prescribed for a development approval modification application by paragraph 44(4) of the Planning Regulations 2004, but if a fee has been previously paid under the said paragraph 44(4), no fee shall be payable under this paragraph.

                  (3)        If an application made under paragraph 17(1) or 17(2) is withdrawn the prescribed fee paid shall be refunded in accordance with the following provisions –

(a)        if the assessment of the application has not yet commenced – the fee less 10%;

(b)        if the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer – the fee less 50%; but

(c)        if the Chief Executive Officer has made a recommendation there shall be no refund.

Copy fee

            18.       For the purposes of subsection 64(2) of the Act, where the Chief Executive Officer makes copies of or extracts from a document that is available for public inspection to supply to any person, the Chief Executive Officer may charge the person the reasonable cost of making the copies.

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SCHEDULE 1

(Regulation 5)

ACTIVITIES THAT ARE NOT BUILDING ACTIVITIES

[Note: For the activities listed in this Schedule, building approval is not required.  However, all building work, whether or not a building approval is required for the activity, must comply with the requirements of the Norfolk Island Building Code]

 

Item

Building Activity

1.

The painting or repainting of the inside of a structure.

2.

The painting or repainting of the exterior of residential premises or an auxiliary building in accordance with the Norfolk Island Plan and the Norfolk Island Building Code.

3.

The construction or alteration of a means of enclosing land (including a gate, fence or wall) not exceeding 2 metres in height.

4.

The provision or alteration of plant, in relation to a structure, in accordance with the Electricity Supply Act 1985.

5.

The construction of pools and ornamental ponds less than 300mm deep and 10 square metres in area.

6.

The construction of safety fencing on existing swimming pools (where the pool is greater than 300mm deep – however the location and standard of fencing must comply with BCA 96 and AS 1926).

7.

Work consisting of monumental masonry, sculpture, or the erection or construction of statues, fountains, or other works of art (other than work affecting the structure of a building) less than 2 metres in overall height.

8.

The erection of temporary scaffolding for a period of no longer than 6 months, or such further period as is approved by the Minister in writing.

9.

The erection or installation of temporary, portable or demountable buildings in the form of classroom, builder’s site hut, project management site office, first aid room, emergency services room, etc, for a period of no longer than 6 months, or such further period as is approved by the Minister in writing.  The temporary, portable or demountable building must not exceed 3 metres in height above ground level and must not exceed 20 square metres in area on plan.

10.

A fence or freestanding wall not exceeding 2 metres in height (walls and fences must be structurally sound).

11.

A retaining wall not exceeding 1 metre above lower ground level where the wall is no closer than 1.5 metres to a building, or a structure such as a swimming pool or other retaining wall.


 

Item

Building Activity

12.

An open walled pergola associated with a house or garage and which is described as an unroofed structure that may or may not be covered with shade cloth and –

·         not exceeding 3 metres in height;

·         the maximum span of structural members does not exceed 3 metres;

·         the maximum area on plan does not exceed 30 square metres;

·         when attached to an existing building, is not higher than the guttering.

13.

An open walled and unroofed structure that may or may not be covered with shade cloth and is less than 30 square metres in area and less than 3 metres in height above ground level (not situated over a driveway or entrance).

14.

An open walled gazebo not exceeding 3 metres in height and with a roof not exceeding 10 square metres on plan (supporting posts should be securely fixed to concrete footings or slabs and the roof structure should be securely fixed to roof beams or rafters and securely fixed and tied down to the supporting posts).  The floor of the gazebo should not exceed 990mm above ground level.

15.

An external timber deck, walkway, stair or landing not exceeding 990mm above ground level and less than 30 square metres in area on plan.

16.

An antenna or aerial not exceeding 5 metres in height above ground level (excluding satellite dishes).

17.

18.

The installation of a satellite dish less than 1.2 metres in diameter.

The removal of a satellite dish.

19.

The affixing of minor attachments to an existing building, such as sun hoods projecting no more than 1 metre from the building, sun blinds, roof ventilators, basketball hoops or similar attachments.  (The sun hood when fully lowered must be a minimum 2100mm everywhere above the footpath).

20.

An opened walled barbecue hut not exceeding 3 metres in height and with a roof area not exceeding 10 square metres on plan (supporting posts should be securely fixed to concrete footings or slabs and the roof structure should be securely fixed to roof beams or rafters and securely fixed and tied down to the supporting posts.  The floor (if any) of the barbecue hut shall not exceed 990mm above ground level).

21.

An opened walled animal shelter not exceeding 3 metres in height and with a roof area not exceeding 10 square metres on plan (supporting posts should be securely fixed to concrete footings or slabs and the roof structure should be securely fixed to roof beams or rafters and securely fixed and tied down to the supporting posts.

22.

Fowlhouse, pigsty or for a similar purpose with a roof area or floor area less than 10 square metres on plan and 2.2 metres in height above ground level at any point.


 

Item

Building Activity

23.

Garden sheds, fuel sheds, lawn lockers, tool house, cycle shed, cubby houses and doll houses, less than 2.4 metres in height above ground level with a roof area not exceeding 10 square metres on plan and floor area not exceeding 6 square metres.

24.

An above ground water tank, with a capacity of not more than 20,000 gallons (excluding header tanks).  The tank must be no closer than 1.5 metres to any side or rear boundary – and must not encroach inside the front yard setback requirement for the relevant zone.  (Any excavations for the above ground tank must not encroach within a 45 degree angle of any boundary, building or structure).

25.

The pouring of the foundation and base for a tennis court, basketball court, netball court or similar.

26.

A fence made of chain wire surrounding a tennis court, basketball court, netball court or similar and less than 4 metres in height, provided the fence is no less than 1.5 metres from any boundary.

27.

An internal alteration to an approved class 1 or class 10 building (as defined in the BCA 96) if it:

·         does not affect the classification of the building as defined by Volume 1, part A3 of the Building Code of Australia (BCA 96);

·         does not adversely affect the structural integrity, amenity or safety of a building or any fire-rated elements;

·         does not affect the structural strength and stability of the building;

·         does not affect the emergency provisions of required exits;

·         does not affect fire protection systems or other services;

·         does not change the purpose of a building, (e.g. a shed or garage may not be converted for habitable purposes);

·         does not result in installation of an additional or separate dwelling for habitable purposes such as a flat.

28.

An open walled and unroofed pergola constructed over a driveway entrance provided it has a minimum clear height above ground level of 3.8 metres and a minimum clear width of 2.8 metres.

29.

Privacy screens less than 2.2. metres high.

30.

Repair work for maintenance purposes.

 


SCHEDULE 2

(Regulation 6)

NORFOLK ISLAND BUILDING CODE

1.     The following codes are adopted as the Norfolk Island Building Code subject to the following modifications:

A.    Volume One (1) of the Building Code of Australia (BCA 96) (for class 2-9 Buildings) –

(a)           Section A: General Provisions; and

(b)           Section B: Structure.

B.    Volume Two (2) of the Building Code of Australia (BCA 96) (for class 1 and 10 Buildings) excluding—

(a)           Part D3 of Volume One (1) of the Building Code of Australia (BCA 96) as it applies to Volume Two (2);

(b)           Part 3.8.1 — “Health and Amenity: Wet Areas” — of Volume Two (2) of the Building Code of Australia (BCA 96).

C.      AS/NZS 3500.1 2003   —  Water services

AS/NZS 3500.2 2003  —  Sanitary plumbing and draining

AS/NZS 3500.3 2003  —  Plumbing and drainage – stormwater drainage

AS/NZS 3500.4 2003  —  Plumbing and draining – heated water services

D.    AS 5601 —2002 and AG 601 —2002 — Gas Installations;

E.    AS 1596 — LP Gas Storage and Handling

2.     In addition the following standards apply.

(a)           All new habitable buildings and rooms must have sisalation installed under the roofing material.

(b)           All new habitable buildings and rooms with timber framing must have studs not less than 90x45mm for all external walls and any load-bearing internal walls.

 


SCHEDULE 3

(Regulation 11)

Inspection Stages of building work

 

Stage A.

Completion of —

(a)           excavation and placement of formwork and steel reinforcing for any slab, footing, wall, foundation wall, or like item but before any concrete for any slab, footing, wall, foundation wall or like item is poured; and

(b)           excavation for any piers, posts, stumps, and like items but before any concrete for any piers, posts, stumps, or like items is poured; and

(c)           placement of formwork and steel for any reinforced concrete member but before any concrete for the member is poured.

Stage B.

Completion of the structural framework and before the placement of any external cladding, roofing material or internal lining.

 

Stage C.

Completion of drainage work but before the covering over of any of those works.

 

Stage D.

Completion of plumbing services but before the covering over of any of those services.

 

Stage E.

Completion of the building work approved in the relevant building approval before occupancy or use of the building.

 


SCHEDULE 4

(Regulation 13)

Accredited persons or bodies for building products, etc

·         Standards Association of Australia

·         Standards New Zealand

·         Australian Building Codes Board

·         Building Industry Authority of New Zealand

 

 

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NOTES

The Building Regulations 2004 as shown in this consolidation comprises regulations No. 3 of 2004 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Building Regulations 2004

3, 2004

27.2.04

 

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

 

Provisions affected            How affected

 

Schedule 1

am

  14, 2012

 

© Norfolk Island Government 2013

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.