Australian Capital Territory
Building Regulation 2004 (repealed)    
SL2004-34
made under the
Building Act 2004
Republication No 10
Effective:  31 March 2008
Republication date: 31 March 2008
As repealed by SL2008-3 s 105

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Building Regulation 2004 (repealed), made under the Building Act 2004, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 31 March 2008.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Building Regulation 2004 (repealed)
made under the
Building Act 2004
    
Contents
	Page
	1	Name of regulation	2
	2	Dictionary	2
	3	Notes	2
	4	Offences against regulation—application of Criminal Code etc	3
	4A	Meaning of building work—Act, s 6 (2) (a) and (b)	3
	4B	Meaning of specialist building work—Act, s 9 (b)	3
	5	Exempt buildings—Act, s 12	4
	6	Buildings to which Act does not apply—Act, s 13	7
	7	Exempt building work—Act, s 15 (1) (b) and s 83 (1) (b)	8
	7A	Exempt building work involving asbestos—Act, s 15 (1) (b) and (2), s 65 (2) and s 83 (1) (b) and (2)	9
	8	Criteria for appointment of government certifier—Act, s 20 (4)	10
	9	Copies of plans for building approval applications—Act, s 26 (2) (a)	10
	10	General requirements for building approval applications—Act, s 26 (3)	11
	11	Building approval for building erection or alteration—Act, s 26 (3)	11
	12	Building approval for removal or demolition of buildings—Act, s 26 (3)	13
	12A	Building approval for asbestos removal—Act, s 26 (3)	13
	13	General requirements for plans—Act, s 27 (1) (a)	14
	14	Requirements for plans for alteration or erection of building—Act, s 27 (1) (a)	15
	14A	Requirements for plans for asbestos removal—Act, s 27 (1) (a)	17
	15	Consultation and consent—Act, s 27 (1) (b)	18
	16	Substantial alteration—Act, s 29 (2) (a)	20
	16A	Unaltered parts that need not comply with building code—Act, s 29 (2) (b)	22
	17	Significantly different from plan amendment—Act, s 32 (4)	26
	18	Considerations about whether work done in proper way—Act, s 42 (2)	27
	19	Considerations about whether work done in skilful way—Act, s 42 (2)	29
	20	Stages of building work—Act, s 43 (1)	29
	21	Alternative to new survey plan—Act, s 43 (2) (a) (ii)	30
	22	Consent or approval on completion of building work—Act, s 48 (2) (d)	31
	23	Residential building work to which Act, pt 6 does not apply	31
	24	End of statutory warranties—Act, s 88 (4)	31
	25	Residential building work minimum insurance—Act, s 90 (1) (b)	32
	26	Residential building work period of insurance—Act, s 90 (1) (c) and (d)	32
	27	Residential building work period for claims—Act, s 90 (1) (i)	32
	28	Amount insurer not liable for—Act, s 91 (1)	32
	29	If builder defaults and work less than deposit paid—Act, s 93 (3) (b)	32
	29A	Building code application to bushfire-prone area—Act, s 136 (4)	33
	30	Appealable decisions and relevant people—Act, s 146 (5)	33
Dictionary		36
Endnotes
	1	About the endnotes	37
	2	Abbreviation key	37
	3	Legislation history	38
	4	Amendment history	39
	5	Earlier republications	41

Australian Capital Territory
Building Regulation 2004 (repealed)     

made under the
Building Act 2004

    

  

 

 

1	Name of regulation
This regulation is the Building Regulation 2004.
2	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary defines certain terms, and includes references (signpost definitions) to other terms defined elsewhere in this regulation or in other legislation.
	For example, the signpost definition ‘asbestos—see the Dangerous Substances Act 2004, section 47A.’ means the term ‘asbestos’ is defined in that section and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
4A	Meaning of building work—Act, s 6 (2) (a) and (b)
Building work includes building work that involves handling asbestos or disturbing friable asbestos.
Examples of handling asbestos or disturbing friable asbestos
1	removal of asbestos
2	cutting a hole in a sheet of asbestos
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
4B	Meaning of specialist building work—Act, s 9 (b)
	(1)	Specialist building work includes building work that involves handling asbestos or disturbing friable asbestos.
	(2)	For subsection (1), handling asbestos does not include handling bonded asbestos that forms part of a residential building.
5	Exempt buildings—Act, s 12
	(1)	Each of the following is an exempt building:
	(a)	a fence or wall if—
	(i)	the height measured from any point on the fence or wall to the ground is not more than 1.8m, excluding any part of the structure that is in the ground; and
	(ii)	it does not form an integral part of an enclosure for a swimming pool;
	(b)	a retaining wall if the height measured from any point at the top of the retaining wall to the lowest adjacent ground level is not more than 1.2m, excluding any part of the wall that is in the ground;
	(c)	an outdoor deck, carport, pergola, porch, veranda, shelter, gazebo, shade structure or hail protection structure if—
	(i)	it has no wall; and
	(ii)	if it has a covering (including a sail or sail-like element)—the total covering area is 25m2 or less; and
	(iii)	the height measured from any point on the structure to the ground is not more than 3m, excluding any part of the structure that is in the ground; and
	(iv)	the height measured from any point on top of any flooring of the structure to the ground is not more than 1m, excluding any part of the structure that is in the ground; and
	(v)	its framing does not have an unsupported span, including any cantilever, longer than 4m; and
	(d)	a shed, gazebo, greenhouse or similar structure the roof area of which does not exceed 10m2;
Examples of similar structure
conservatory, cubbyhouse, store, workshop, studio, outbuilding or class 10a building
Note	An example is part of this regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(e)	an antenna or aerial assembly, if—
	(i)	the height measured from the highest part of the assembly to the lowest is 5m or less, excluding any part of the assembly that is in the ground or is part of the building the assembly is mounted on; and
	(ii)	the assembly is a class 10b building;
	(f)	an artificial pool, other than a bathtub, used, or for use, mainly for swimming, wading or bathing, that cannot hold water to a depth of more than 300mm;
	(g)	an internal alteration to a building for which a certificate under the Act, part 5 (Building occupancy) has been issued, if the alteration does not change the classification of the building;
	(h)	an outdoor pond if—
	(i)	it is not used, or for use, mainly for swimming, wading or bathing; and
	(ii)	the height measured from any point on the wall of the pond to the lowest point on the base of the pond is not more than 1.2m, excluding any part of the wall that is in the ground;
	(i)	a structure (for example, a barbeque or letterbox) if—
	(i)	it has a plan area not exceeding 2m2; and
	(ii)	the height measured from any point on the structure to the ground is not more than 1.8m, excluding any part of it that is in the ground;
	(j)	a water tank if—
	(i)	it has a capacity not exceeding 17kL; and
	(ii)	the height measured from any point on the tank to the ground is not more than 2.4m, excluding any part of the tank that is in the ground;
	(k)	an amusement ride, device to which AS 3533 applies or a portable building or structure, including a tent, marquee, stall or booth, erected at a place if—
	(i)	the building or structure is erected and used only in accordance with any applicable provision of AS 3533; and
	(ii)	if the building code applies to the building—the building or structure is a class 6, class 7 or class 10a building; and
	(iii)	the building or structure is not intended to be, and has not been, at the place for longer than 2 months.
	(2)	Subsection (1) does not apply if—
	(a)	the building work in relation to the exempt building affects—
	(i)	the structural sufficiency, soundness or stability of part of a building for which a certificate under the Act, part 5 (Building occupancy) has been issued; or
	(ii)	a fire-rated wall, ceiling or floor; or
	(iii)	a ventilation or air-handling system, fire protection system or other mechanical service; or
	(iv)	a fire-escape, emergency lift, stairway, exit or passageway to an exit; or
	(b)	the building proposed to be built adversely affects the provision of natural light or ventilation to a building for which a certificate under the Act, part 5 has been issued.
	(3)	In this section:
assembly, in relation to an antenna or aerial, means the antenna or aerial and its mast, tower and footing.
6	Buildings to which Act does not apply—Act, s 13
	(1)	The Act does not apply to the following buildings:
	(a)	bridges;
	(b)	dams;
	(c)	retaining walls associated with bridges, dams or roads;
	(d)	stiles;
	(e)	mesh fences less than 3m high measured from the top of the fence to the ground, excluding any part of the fence that is in the ground;
	(f)	prefabricated bus shelters;
	(g)	prefabricated playground equipment;
	(h)	road signs;
	(i)	electricity network distribution equipment;
	(j)	reservoirs that are not part of an on-site stormwater detention system;
	(k)	aqueducts;
	(l)	water and sewage treatment works;
	(m)	stormwater outfalls.
	(2)	The Act does not apply to poles and masts owned by—
	(a)	the Territory; or 
	(b)	the Commonwealth; or
	(c)	a territory authority; or
	(d)	a body established under a Commonwealth law; or
	(e)	the provider of an electricity supply or telephone service.
7	Exempt building work—Act, s 15 (1) (b) and s 83 (1) (b)
	(1)	The installation, alteration or removal of the following is exempt building work for part 3 (Building work) and part 6 (Residential buildings—statutory warranties, insurance and fidelity certificates):
	(a)	an externally mounted photovoltaic panel or solar water heater for a class 1 or class 10a building, if the building work—
	(i)	does not involve any alteration that would affect the structural sufficiency or stability of the building; and
	(ii)	does not affect the building complying with the building code;
	(b)	an externally mounted airconditioning unit for a class 1 or class 10a building, if—
	(i)	the building work does not involve any alteration that would affect the structural sufficiency or stability of the building; and
	(ii)	the building work does not affect the building complying with the building code; and
	(iii)	the unit is not the main source of ventilation—
	(A)	if the unit is installed for a particular room—for the room; or
	(B)	if the unit is installed for a building—for that building.
Note	The building code includes standards for load bearing and waterproofing.
	(2)	In this section:
solar water heater, for a building, means a solar water panel designed to be mounted externally, together with any hot-water tank that holds water heated by the panel.
7A	Exempt building work involving asbestos—Act, s 15 (1) (b) and (2), s 65 (2) and s 83 (1) (b) and (2)
	(1)	Building work that involves handling asbestos is exempt building work if—
	(a)	the asbestos is bonded asbestos; and
	(b)	not more than 10m2 of asbestos is handled during the building work; and
	(c)	each person who handles the asbestos—
	(i)	works in a prescribed occupation; and
	(ii)	has a relevant asbestos qualification; and
	(d)	the asbestos is handled by each person who handles it in the course of the person’s occupation.
	(2)	The construction occupations registrar may declare—
	(a)	an occupation to be a prescribed occupation; or
	(b)	a qualification to be a relevant asbestos qualification.
	(3)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	In this section:
building surveyor—see the Construction Occupations (Licensing) Act 2004, section 9.
construction occupation—see the Construction Occupations (Licensing) Act 2004, section 7.
plumbing plan certifier—see the Construction Occupations (Licensing) Act 2004, section 14.
prescribed occupation means—
	(a)	a construction occupation, other than building surveyor or plumbing plan certifier; or
	(b)	an occupation declared to be a prescribed occupation under subsection (2).
relevant asbestos qualification means a qualification declared to be a relevant asbestos qualification under subsection (2).
8	Criteria for appointment of government certifier—Act, s 20 (4)
The criteria for the appointment of a government certifier for building work are—
	(a)	a building approval for the work is in force; and
	(b)	a licensed builder has started the work; and
	(c)	the owner of the land where the work is being carried out cannot, after making reasonable efforts, appoint a certifier for the work.
9	Copies of plans for building approval applications—Act, s 26 (2) (a)
The prescribed number of copies is 3.
10	General requirements for building approval applications—Act, s 26 (3)
	(1)	The following requirements are prescribed for an application:
	(a)	the application must contain an estimate of the cost of the building work calculated in accordance with a method determined in writing by the construction occupations registrar;
	(b)	if building work is proposed to be carried out at or near a street or place that is open to or used by the public—an application must contain details of the precautions proposed to be taken to protect the safety of people using the street or place when the building work is to be carried out;
	(c)	the application must state the area of the parcel of land.
	(2)	A determination under subsection (1) (a) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
11	Building approval for building erection or alteration—Act, s 26 (3)
	(1)	For an application in relation to building work that involves the erection or alteration of a building, the following information must be included in the application and plans accompanying the application:
	(a)	the class of the building according to the intended use of the building as proposed to be erected or altered;
	(b)	what fire-resisting construction type (under the building code) the building as proposed to be erected or altered will be, if applicable to the building;
Note	Fire-resisting construction type may not be applicable if an alternative solution under the building code is used.
	(c)	for an application that relates to the erection or alteration of a class 1 or class 10a building—the site classification of the parcel of land in accordance with the classification provided by the building code;
	(d)	for an application that relates to the alteration of a building—
	(i)	the class and type of fire-resisting construction of the existing building classified under the building code; and
	(ii)	the materials used in the existing building;
	(e)	the number of storeys of the building as proposed to be erected or altered;
	(f)	the number of new dwellings (if any) created by the building work;
	(g)	the floor area of the proposed building or proposed new part of the building;
	(h)	the materials to be used in the frame, floor, walls and roof of the proposed building or proposed new part of the building;
	(i)	if a performance requirement of the building code is to be complied with by use of an alternative solution under the code—
	(i)	the performance requirement; and
	(ii)	the alternative solution; and
	(iii)	each assessment method used to show that the alternative solution complies with the performance requirement;
	(j)	if the building code does not state a standard of work in relation to any part of the proposed building work and it is intended to carry out that part of the proposed building work in accordance with a standard of work stated in another document—
	(i)	the nature of the proposed building work; and
	(ii)	the title of the document; and
	(iii)	each assessment method used to show that the proposed building work complies with the standard of work stated in the document.
	(2)	In this section:
assessment method—see the building code.
performance requirement—see the building code.
12	Building approval for removal or demolition of buildings—Act, s 26 (3)
For an application in relation to building work that involves the removal or demolition of a building, the following information must be included in the application and plan accompanying the application:
	(a)	details of the methods to be used in the execution of the building work including a work plan stated or set out in AS 2601 as in force on the commencement of this section;
	(b)	the number of dwellings demolished (if any).
12A	Building approval for asbestos removal—Act, s 26 (3)
	(1)	For an application in relation to building work that involves the removal of bonded asbestos from a residential building, the application must describe the method proposed to be used to remove the sheeting from the building.
	(2)	For an application in relation to building work that involves the removal of asbestos (other than bonded asbestos) from a residential building, the following information must be included:
	(a)	the method proposed to be used to remove the asbestos;
	(b)	the approximate quantity and kind of asbestos to be removed;
	(c)	the equipment proposed to be used to remove the asbestos, including any personal protective equipment;
	(d)	details of a program (prepared in accordance with the building code) for monitoring airborne asbestos.
13	General requirements for plans—Act, s 27 (1) (a)
	(1)	The plans must—
	(a)	be drawn in accordance with AS 1100 as in force on the commencement of this section, unless—
	(i)	the plans were drawn before the commencement of the standard; or
	(ii)	the plans complied with the standard at the time they were drawn; and
	(b)	show any area marked on a certificate of title or deposited plan as an easement; and
	(c)	if the building work to which the plan relates will require the connection of a pipe to, or alteration of the connection of a pipe to the sewerage system—show any point of connection of a pipe on the parcel of land to the sewerage system; and
	(d)	if the building work to which the plan relates will require the connection of a pipe to, or alteration of the connection of a pipe to a water main—show any point of connection of a pipe on the parcel of land to the water main; and
	(e)	if the building work to which the plan relates will require the connection of a pipe to, or alteration of the connection of a pipe to a stormwater drain—show any point of connection of a pipe on the parcel of land to the stormwater system; and
	(f)	if the building work to which the plan relates will, when finished, alter the surface stormwater drainage on parcel of land where the work is to be done—show the proposed surface stormwater drainage on the parcel at the completion of the work; and
	(g)	include a site plan on a scale of not less than 1:200 showing the block, section, boundaries and dimensions of the parcel of land.
	(2)	In this section:
Australian Standard 1100 includes AS/NZS 1100.501:2002.
easement—see the Act, section 52.
stormwater system means a system of pipes, gutters, drains, floodways and channels that are designed to collect or carry stormwater in or through an urban area, other than for a single parcel of land.
utility service—see the Utilities Act 2000, dictionary.
water main means a conduit or pipeline—
	(a)	owned, controlled or maintained by a utility service; and
	(b)	designed to carry drinking water supplied by the service.
14	Requirements for plans for alteration or erection of building—Act, s 27 (1) (a)
	(1)	For plans that relate to the erection or alteration of a building, the plans must contain sufficient information about the proposed finished dimensions, arrangement, locations and inherent characteristic of materials making up every element of the proposed building work—
	(a)	to allow a certifier to work out if a building erected or altered in accordance with the plan would contravene the Act; and
	(b)	to allow a competent builder to carry out the building work in accordance with the plans and the Act; and
	(c)	to allow a certifier to work out if the building work, if carried out, complies with the plan and the Act.
	(2)	The information included on the plans under subsection (1)—
	(a)	must be consistent with AS 1100 (which is about technical drawing); and
	(b)	must be apparent from reading the drawing, rather than having to take measurements from the drawing.
	(3)	Plans are taken to satisfy subsection (1) to the extent that they contain the following information:
	(a)	the extent, overall dimensions and main construction material of a wall, partition, floor or roof if—
	(i)	AS 1684 or AS 3623 applies to the framing for the wall, partition, floor or roof; or
	(ii)	the framing is of the same scale and kind of arrangement as the framing to which those standards apply;
	(b)	the location, overall dimensions and description or name of the proprietary product that is sufficient to identify a truss product type for mass-produced proprietary trusses if—
	(i)	the manufacturer publishes a written span table that states the spanning capability of the truss; and
	(ii)	the table applies directly to a truss and its span stated in the plan;
	(c)	for masonry work to which AS 3700 applies—the overall extent and dimensions of the masonry work and structural details of reinforcement (if any);
	(d)	for concrete work to which AS 2870 (which is about slabs and footings) applies—the overall extent and dimensions of the concrete work and structural details of reinforcement (if any).
Example of same scale and kind of arrangement for par (a) (ii)
AS 1684 applies to houses only.  However, under par (a) (ii), it can be used for a fit-out that has the same proportions as a house or for part of a building with the same loads and requirements as a house.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	The plans may contain other information.
14A	Requirements for plans for asbestos removal—Act, s 27 (1) (a)
	(1)	Plans that accompany an application that relates to building work involving the removal of bonded asbestos must show the location of the sheeting.
	(2)	Plans that accompany an application that relates to building work involving the removal of asbestos (other than bonded asbestos) from a residential building must include the following information:
	(a)	the location of the asbestos proposed to be removed;
	(b)	the boundary of the area where people removing the asbestos will be working;
	(c)	if asbestos removed from the building is to be stored on the parcel of land where the building is—where the asbestos is to be stored;
	(d)	if a decontamination facility, air filter or air supply equipment is proposed to be used during the building work on the parcel of land—where each is located.
	(3)	In this section:
air filter—see the building code.
air supply equipment—see the building code.
decontamination facility—see the building code.
15	Consultation and consent—Act, s 27 (1) (b)
	(1)	The following consultations must take place or consents or approvals be obtained in relation to proposed building work:
	(a)	any consent or approval required under a territory law in relation to the work;
	(b)	if the work is, or forms part of, a development requiring approval under the Land Act, part 6.2—approval of the development;
	(c)	if the approval mentioned in paragraph (b) contains conditions precedent to starting the building work—compliance with those conditions;
	(d)	if the parcel of land is in a designated area—approval under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 12;
	(e)	if the work involves the erection or alteration of a lift—a permit under the Scaffolding and Lifts Regulation 1950, section 17;
	(f)	consultation with ACTEW Corporation Limited in relation to—
	(i)	the demolition of any building to which electricity, water or sewerage services are supplied or to which an electricity or water meter is connected; and
	(ii)	any encroachment of the proposed building or proposed new part of the building onto an easement; and
	(iii)	the disposal of any non-domestic waste into the sewerage system;
	(g)	consultation with the chief officer (fire brigade) or chief officer (rural fire service) in relation to—
	(i)	any use of an alternative solution in relation to a provision of the building code which deals with fire protection; and
	(ii)	any proposed building, or proposed new part of a building with a floor area exceeding 500m2 that is not a class 1 or class 10 building;
	(h)	consultation with the chief executive responsible for urban services in relation to—
	(i)	procedures to be used in the demolition of any building of class 2, class 3, class 4, class 5, class 6, class 7, class 8 or class 9; and
	(ii)	any waste management plan provided in the application; and
	(iii)	any asbestos removal control plan provided in the application;
	(i)	if it is proposed that the new building or new part of the building is to be used for the sale or supply of liquor—consultation with the registrar of liquor licences in relation to occupancy loading and kitchen, bar and toilet facilities;
	(j)	consultation with the chief health officer in relation to the application of any health law to the proposed new building or new part of the building;
	(k)	consultation with the environment protection authority if—
	(i)	it is proposed that the new building or new part of the building is to be used to conduct a class A or class B activity; or
	(ii)	an accredited code of practice applies to an activity intended to be carried out in the new building or new part of the building.
	(2)	It is sufficient compliance with the obligation to consult under subsection (1) (f), (g), (h), (i), (j) or (k) if—
	(a)	notification of the details of an application for a building approval is given to the person with whom consultation is to take place; and
	(b)	10 working days have elapsed since it has been given.
	(3)	In this section:
accredited code of practice means a code accredited under the Environment Protection Act 1997, section 31 (1).
class A activity means an activity listed in the Environment Protection Act 1997, schedule 1, section 1.2.
class B activity means an activity listed in the Environment Protection Act 1997, schedule 1, section 1.3.
designated area—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
health law means a territory law that has as 1 of its objects or purposes the protection of public health.
16	Substantial alteration—Act, s 29 (2) (a)
An alteration of a building is a substantial alteration if—
	(a)	the aggregate volume of the proposed alteration and any other alteration made to the building during the 3 years immediately before the day the application for building approval of the alteration is made is more than 50% of the volume of the original building; and
	(b)	the volume of a building is measured by reference to roof and outer walls.
Example of effect
1	A house is extended by 51%.  The whole house must comply with this Act and the building code, not just the extension (see par (a)), other than the parts of the building code that do not apply to the unaltered part of the house because of section 16A.
2	A sunroom is added to a building, adding only 10% to the building.  The sunroom must comply with this Act and the building code, but the rest of the building need not comply (see par (b)).
3	Two shops in a mall are to be combined to form a café.  The building work involves replacing all the shops’ fitout, including all fixtures, the glazed shopfront walling and ceiling, and removal of the common wall.  In the 3 years immediately before the application for building approval is made, other shops in the mall have been altered similarly.  The total volume of the refitted shops, with the volume of the café, is more than 50% of the volume of the mall.  The whole mall must comply with this Act and the building code, not just the café.
4	A photocopier room is to be added to an office building.  In the 3 years immediately before the application for building approval is made the building has often had parts of its fitout altered.  Open plan cubical work stations were moved, enclosed meeting rooms were converted to open plan cubical workstations, 3 walls of another enclosed office were moved to make a hallway and new enclosed offices were created where open plan cubical workstations originally were.
·	the 1st alterations to the cubical workstations did not involve altering or erecting fixtures, so the alterations do not need to be included when working out the total volume of alterations to the building
·	the cubicle work stations erected in place of the enclosed meeting rooms were fixtures that are not exempted from the Act, so the volume of each workstation, worked out by multiplying its usable floor area by the height of the floor or roof above, must be included in working out to the total volume of alterations to the building
·	the removal of the 3 walls of the enclosed office to make a hallway prevent the room functioning as a room, so the volume of the room must be included in working out the total volume of the alterations to the building
·	the walls erected to form a room or substantially enclosed space must be included to work out the total volume of the alterations to the building
However, the total of the volumes of the alterations made to the building, when added to the volume of the proposed photocopier room, amount to 45% of the building, so only the proposed room has to comply with this Act and the building code, not the whole building.
5	A building contains a nightclub where a fire sprinkler system was installed 1 year ago.  Plans now propose to upgrade the airconditioning system throughout the building.  The volume of the sprinkler pipework and proposed airconditioning ducts are included in working out the total volume of alterations to the building, but the volume of the spaces they can sprinkle or ventilate is not included.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
16A	Unaltered parts that need not comply with building code—Act, s 29 (2) (b)
	(1)	The unaltered part of a substantially altered building that is a class 1 or class 10 building need not comply with the building code as a whole if the unaltered part complies with each of the following:
	(a)	either—
	(i)	the building code, volume 2, part 3.6.4 (which is about the use of glazing where there are human impact safety requirements); or
	(ii)	the alternative glazing requirements;
Note	For the alternative glazing requirements, see s (2).
	(b)	the building code, volume 2, part 3.7.2 (which is about the installation of smoke alarms);
	(c)	the building code, volume 2, part 3.7.4 (which is about the requirements for building in bush fire areas);
	(d)	either—
	(i)	the building code, volume 2, part 3.9.1 (which is about stair construction); or 
	(ii)	the alternative stair requirements;
Note	For the alternative stair requirements, see s (3).
	(e)	if a balustrade compliance requirement applies to the unaltered part of the building—the building code, volume 2, part 3.9.2 (which is about the construction of balustrades);
Note	For the balustrade compliance requirements, see s (4).
	(f)	the building code, volume 2, part 3.9.3 (which is about swimming pool access);
	(g)	in relation to walls, unless compliance is unreasonable—
	(i)	the building code, volume 2, part 3.12 (which is about energy efficiency); or
	(ii)	the alternative energy efficiency requirements;
Note 1	For when compliance is unreasonable, see s (5).
Note 2	For the alternative energy efficiency requirements, see s (6).
	(h)	in relation to the roof, unless compliance is unreasonable—
	(i)	the building code, volume 2, part 3.12 (which is about energy efficiency); or
	(ii)	the alternative energy efficiency requirements.
	(2)	The unaltered part of a substantially altered building complies with the alternative glazing requirements if any glazing that would be required to be replaced for the part to comply with the building code, volume 2, part 3.6.4 is coated and permanently bonded on at least one side with a continuous polymeric coating, sheet or film.
	(3)	The unaltered part of a substantially altered building complies with the alternative stair requirements if it complies with each of the following:
	(a)	the dimensions of goings and risers (other than winders and tapered treads in a spiral stair) are constant throughout each stair flight;
	(b)	winder dimensions are constant throughout the flight;
	(c)	for a spiral stair—tapered tread dimensions are constant throughout the flight;
	(d)	riser dimensions are not taller than 250mm;
	(e)	if the stairway is more than 10m high or connects more than 3 storeys—the treads are of solid construction (for example, not mesh or other perforated material);
	(f)	a 125mm ball cannot pass between the treads of a riser opening;
	(g)	all treads have a slip-resistant finish or a suitable non-skid strip near the edge of the nosings;
	(h)	if the stair flight is more than 1m high and does not comply with the building code, volume 2, part 3.9.1.4 (which is about riser and going dimensions), whether or not it is required to comply with the part—
	(i)	the stairway has handrails; and
	(ii)	the handrails comply with the building code, volume 1, part D2.17 (which is about handrails), whether or not they are required to comply with the part.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	Each of the following is a balustrade compliance requirement for the unaltered part of a building:
	(a)	the part would be required to have a balustrade under the building code, volume 2, part 3.9.2, and has none;
	(b)	the part—
	(i)	would be required to have a balustrade under the building code, volume 2, part 3.9.2; and
	(ii)	has a balustrade that—
	(A)	does not comply with the building code, volume 2, part 3.9.2 and does not comply with the requirements of any law applying to the construction of balustrades at the time the balustrade was constructed, whether or not the balustrade previously complied with the code or requirements; and
	(B)	is installed so that a person breaching the balustrade could fall more than 4m measured from the lowest part of the balustrade at the point where the balustrade is breached.
	(5)	For this section, compliance with the building code, volume 2, part 3.12, or the alternative energy efficiency requirements, in relation to an unaltered part of a substantially altered building is unreasonable only if—
	(a)	for walls in the unaltered part—
	(i)	complying would require the removal of more than 10% of wall linings, or cladding, in the part; or
	(ii)	there is insufficient wall cavity space to accommodate enough thermal insulation material to achieve the R-value mentioned in subsection (6) (a); or
	(b)	for the roof in the unaltered part—
	(i)	complying would require the removal of more than 10% of the part’s roofing; or
	(ii)	there is insufficient roof cavity space to accommodate enough thermal insulation material to achieve the R-value mentioned in subsection (6) (b).
	(6)	The unaltered part of a substantially altered building complies with the alternative energy efficiency requirements if it complies with each of the following:
	(a)	the exterior walls of the building have a total R-value of R2.0 or more;
	(b)	the roof of the building has a total R-value of R4.0 or more.
	(7)	In this section:
flight means part of a stair with a continuous series of risers, including risers of winders, not interrupted by a landing or floor.
going means the horizontal dimension from the front to the back of a tread less any overhang from the next tread above.
riser means the height between the consecutive treads.
R-value means the thermal resistance (m2K/W) of a component calculated by dividing its thickness by its thermal conductivity.
tapered tread means a stair tread with a walking area that grows smaller towards one end.
total R-value, of walls or a roof, means the total of the R-values of each component of the walls or roof.
winders means treads within a straight flight that are used to change direction of the stair.
17	Significantly different from plan amendment—Act, s 32 (4)
	(1)	A building built to amended plans (the new building) is significantly different from a building built to the unamended plans (the old building) if—
	(a)	the floor area, roof area or volume of the new building has increased or decreased by more than 1%; or
	(b)	the new building is not same class of building as the old building; or
	(c)	if the old building had parts that are not of the same class of building—
	(i)	the position of the parts in the new building has changed; or
	(ii)	the floor area, roof area or volume of the parts in the new building has increased or decreased by more than 1%; or
	(d)	any dimension of the perimeter of the new building, including the perimeter of the building’s footprint or an elevation, has changed by more than 1%; or
	(e)	the type of material to be used in the new building to form a structural element, roof, floor or external wall cladding has changed; or
	(f)	the number of storeys or buildings in the new building has changed.
Example of change of dimension
The height of the building increases from 3m to 3.5m.  The change of the dimension is more than 1%.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
18	Considerations about whether work done in proper way—Act, s 42 (2)
In deciding whether building work has been done in a proper way, the following considerations must be taken into account:
	(a)	whether the work uses a product or system in accordance with any accessible instructions, directions, guidelines or suggestions of the maker or seller of the product or system;
Examples of instructions that are not accessible
1	instructions not in English
2	an information leaflet printed 10 years ago that is now unavailable
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	whether the work is in accordance with any relevant rules or guidelines published by Standards Australia;
	(c)	whether, as part of the work, a product or system is being, or has been, used in a way that a reasonable person would expect is contrary to the intended use of the product or system;
	(d)	whether, as part of the work, a product or system is being, or has been, used in a way that the maker has given written notice will void the maker’s warranty;
Example of use
Installing roof sheeting so it is level at any point is use in a way that a reasonable person would expect to be contrary to the intended use of the sheeting if the manufacturer’s published literature indicates that the sheeting’s warranty is voided if the sheeting is installed at a fall of less than 1off level.
	(e)	whether a reasonable person doing the work would know or reasonably suspect that the use of a product or system in a particular way would cause more instability, or affect the durability or soundness of the product or system or of the building work than if the product or system were used appropriately;
	(f)	how reasonable it is in all the circumstances for the user of a product or system to rely on the maker’s statement that the product or system complies with a stated standard;
	(g)	whether the building work contravenes the Act or another territory law.
19	Considerations about whether work done in skilful way—Act, s 42 (2)
In deciding whether building work has been done in a skilful way, consideration must be taken of whether the work has been carried out to completion with enough care so that it does not have to be redone to adequately serve its intended purpose or comply with the Act.
Examples
1	A timber stairway was built.  Its elements were glued and nailed together permanently.  The top step was too high to comply with a relevant provision of the building code.  The step had to be disassembled or removed to rectify that noncompliance.  The building of the step was not done in a skilful way.
2	The potential noncompliance in the step mentioned in example 1 was noticed before the components of the step were permanently fastened together.  It was adjusted to ensure it complied with the building code without having to undo or redo any completed building work.  That noncompliance and adjustment do not indicate that the building of the stair was not done in a skilful way.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
20	Stages of building work—Act, s 43 (1)
Note	The Act, s 43 (2) requires certain things to be done before building work proceeds beyond the dampcourse level of a building.
The prescribed stages of building work are—
	(a)	completion of excavation, placement of formwork and placement of steel reinforcing for the footings before any concrete for the footings is poured;
	(b)	completion of the structural framework and, for a class 1 or class 10 building, before the placement of any internal lining; and
	(c)	for a class 1 or class 10 building—completion of placement of formwork, and placement of steel reinforcing, for any reinforced concrete member before any concrete for the member is poured; and
	(d)	for a building other than a class 1 or class 10 building—completion of any reinforced concrete member, before any concrete for the member is poured, stated by the certifier in the relevant building approval; and
	(e)	completion of the building work approved in the relevant building approval.
21	Alternative to new survey plan—Act, s 43 (2) (a) (ii)
	(1)	This section applies to building work if—
	(a)	the work is only in relation to an extension or alteration of an existing class 1 or class 10 building (the original building); and
	(b)	any building resulting from the work is to be located completely on the same parcel of land (the original land) where the original building is.
	(2)	A plan (the original survey plan) signed by a registered surveyor is prescribed in relation to building work if—
	(a)	the original survey plan contains sufficient information to allow the certifier to form an accurate opinion about whether the building work complies with the Act, section 43 (2) (b); and
	(b)	the arrangement of the boundaries of the original land, and location and levels of the original building, have not changed since the original survey plan was made; and
	(c)	no building on which the work is to be carried out is, or building resulting from the work is to be, situated closer than 100mm away from the boundary of the parcel of land.
22	Consent or approval on completion of building work—Act, s 48 (2) (d)
The following consents or approvals are prescribed:
	(a)	if an approval for building work given under the Land Act is subject to a condition—the approval of the chief planning executive to the way in which the condition has been satisfied;
	(b)	approval of the installation of any fire appliance in the new building or new part of the building by the chief officer (fire brigade) or the chief officer (rural fire service);
	(c)	approval under the Scaffolding and Lifts Regulation 1950, section 21.
23	Residential building work to which Act, pt 6 does not apply
The Act, part 6 (Residential buildings—statutory warranties, insurance and fidelity certificates) does not apply in relation to residential building work if the cost of the work is less than $12 000.
24	End of statutory warranties—Act, s 88 (4)
	(1)	The prescribed period for the end of a warranty is—
	(a)	for residential building work in relation to a structural element—6 years after the completion day for the work; and
	(b)	for residential building work in relation to a non-structural element—2 years after the completion day for the work.
	(2)	In this section:
non-structural element, of a building, means a component of the building that is not a structural element.
structural element, of a building, means—
	(a)	an internal or external load-bearing component of the building that is essential to the stability of the building or any part of it; or
	(b)	any component (including weatherproofing) forming part of the external walls or roof of the building.
Examples for par (a)
a foundation, floor, wall, roof, column or beam
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
25	Residential building work minimum insurance—Act, s 90 (1) (b)
The prescribed amount for insurance cover is $85 000.
26	Residential building work period of insurance—Act, s 90 (1) (c) and (d)
The prescribed period is 5 years.
27	Residential building work period for claims—Act, s 90 (1) (i)
The prescribed period is 90 days.
28	Amount insurer not liable for—Act, s 91 (1)
The prescribed amount is $500.
29	If builder defaults and work less than deposit paid—Act, s 93 (3) (b)
The prescribed amount is $10 000.
29A	Building code application to bushfire-prone area—Act, s 136 (4)
	(1)	For the building code, an area of non-urban land is a bushfire-prone area.
	(2)	In this section:
national capital plan means the national capital plan under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), part 3.
non-urban land means—
	(a)	territory land subject to 1 or more of the following land use policies under the territory plan, part B (Land use policies):
	(i)	broadacre;
	(ii)	rural;
	(iii)	hills, ridges and buffer areas;
	(iv)	river corridors;
	(v)	mountains and bushlands;
	(vi)	plantation forestry;
	(vii)	major roads; or
	(b)	land that is not subject to any of the following land use categories under the national capital plan:
	(i)	urban area;
	(ii)	industrial centre; 
	(iii)	Lake Burley Griffin and foreshores.
30	Appealable decisions and relevant people—Act, s 146 (5)
	(1)	The following decisions of the construction occupations registrar are appealable decisions:
	(a)	refusing to approve a certifier’s resignation under the Act, section 19 (3) (a); or
	(b)	refusing to appoint a government certifier for building work under the Act, section 20 (4); or
	(c)	refusing to extend or further extend a period under the Act, section 36 (2) (Period for which approvals operate); or
	(d)	issuing a stop notice under the Act, section 53; or
	(e)	issuing a notice under the Act, section 58 (2) or (4) (Further notices relating to stop notices) or section 62 (1) (Notice to carry out building work); or
	(f)	refusing to issue a certificate of occupancy under the Act, section 69 (1), (2) or (3) or a certificate under the Act, section 71 (Certificate for building work involving demolition) or section 72 (Certificate for building work involving erection of structure); or
	(g)	refusing to issue a certificate of regularisation to a person other than the Territory or the Commonwealth under the Act, section 75; or
	(h)	refusing to give an approval under the Act, section 77 (3) (Use of buildings restricted); or
	(i)	working out the cost of building work under the Act, section 86 (1) (b) (ii); or
	(j)	refusing to give an approval under the Act, section 90 (1) (j) (Complying residential building work insurance).
	(2)	Each of the following is the relevant person for the appealable decision to which it relates:
	(a)	for a decision mentioned in subsection (1) (a)—to the certifier; or
	(b)	for a decision mentioned in subsection (1) (b)—to the applicant for the appointment of a government certifier; or
	(c)	for a decision mentioned in subsection (1) (c)—to the applicant for the extension; or
	(d)	for a decision mentioned in subsection (1) (d)—to the person carrying out the building work; or
	(e)	for a decision mentioned in subsection (1) (e)—to the person required to carry out the stated building work; or
	(f)	for a decision mentioned in subsection (1) (f) or (g)to the applicant for the certificate; or
	(g)	for a decision mentioned in subsection (1) (h) or (j)—to the applicant for approval; or
	(h)	for a decision mentioned in subsection (1) (i)—the builder.

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	chief executive
·	may (see s 146)
·	person
·	under.
Note 3	Terms used in this regulation have the same meaning that they have in the Building Act 2004 (see Legislation Act, s 148).  For example, the following terms are defined in the Building Act 2004, dict:
·	alteration
·	building code
·	building work
·	certificate of regularisation
·	class
·	Land Act
·	structure.
AS 1684 means the Australian Standard 1684 (Residential timber-framed construction—design criteria) as in force from time to time.
AS 2870 means the Australian Standard 2870 (Residential slabs and footings—construction) as in force from time to time.
AS 3533 means the Australian Standard 3533 (Amusement rides and devices—design and construction) as in force from time to time.
AS 3623 means the Australian Standard 3623 (Domestic metal framing) as in force from time to time.
AS 3700 means the Australian Standard 3700 (Masonry structures) as in force from time to time.
asbestos—see the Dangerous Substances Act 2004, section 47A.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
This regulation was made as part of the Building Act 2004 (see A2004-11, s 177 and sch 1).
This regulation was originally the Building Regulations 2004.  It was renamed under the Legislation Act 2001.
Building Regulation 2004 SL2004-34
taken to have been notified LR 26 March 2004 (A2004-11, s 177 (3) (a))
s 1 taken to have commenced 26 March 2004 (LA s 75 (1))
remainder commenced 1 September 2004 (A2004-11, s 177 (3) (b))
as amended by
Emergencies Act 2004 A2004-28 sch 3 pt 3.2
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
sch 3 pt 3.2 commenced 1 September 2004 (s 2 (2) and see Building Act 2004 A2004-11, s 2 and Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
Dangerous Substances (Asbestos) Amendment Act 2004 A2004-66 sch 1 pt 1.2
notified LR 31 August 2004
s 1, s 2 commenced 31 August 2004 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 September 2004 (s 2 (2))
Building Amendment Regulations 2004 (No 1) SL2004-46
notified LR 8 September 2004
s 1, s 2 commenced 8 September 2004 (LA s 75 (1))
remainder commenced 9 September 2004 (s 2)
Construction Occupations Legislation Amendment Act 2005 
A2005-34 sch 1 pt 1.2
notified LR 6 July 2005
s 1, s 2 commenced 6 July 2005 (LA s 75 (1))
sch 1 pt 1.2 commenced 27 July 2005 (s 2)
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.2
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.2 commenced 11 January 2006 (s 2 (1))
Building Amendment Regulation 2006 (No 1) SL2006-15
notified LR 8 May 2006
s 1, s 2 commenced 8 May 2006 (LA s 75 (1))
remainder commenced 9 May 2006 (s 2)
Asbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.2 (as am by A2006-24 s 4)
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4)
Asbestos Legislation Amendment Act 2006 (No 2) A2006-24
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
remainder commenced 19 May 2006 (s 2)
Note	This Act only amends the Asbestos Legislation Amendment Act 2006 A2006-16.
as repealed by
Building (General) Regulation 2008 SL2008-3 s 105
notified LR 3 March 2008
s 1, s 2 commenced 3 March 2008 (LA s 75 (1))
s 105 commenced 31 March 2008 (s 2 and see Building Legislation Amendment Act 2007 A2007-26, s 2, Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
4	Amendment history
Name of regulation
s 1	am R3 LA
Meaning of building work—Act, s 6 (2) (a) and (b)
s 4A	ins A2004-66 amdt 1.2
	am A2005-34 amdt 1.16
	sub A2006-16 amdt 1.19
Meaning of specialist building work—Act, s 9 (b)
s 4B	ins A2004-66 amdt 1.2
	am A2005-34 amdt 1.16
	sub A2006-16 amdt 1.19
Exempt buildings—Act, s 12
s 5	am SL2004-46 s 4
Exempt building work—Act, s 15 (1) (b) and s 83 (1) (b)
s 7 hdg	sub A2006-16 amdt 1.20
Exempt building work involving asbestos—Act, s 15 (1) (b) and (2), s 65 (2) and s 83 (1) (b) and (2)
s 7A	ins A2006-16 amdt 1.21
Building approval for asbestos removal—Act, s 26 (3)
s 12A	ins A2004-66 amdt 1.3
	am A2005-34 amdt 1.16; A2006-16 amdt 1.22
Requirements for plans for asbestos removal—Act, s 27 (1) (a)
s 14A	ins A2004-66 amdt 1.4
	am A2005-34 amdt 1.16; A2006-16 amdt 1.22
Consultation and consent—Act, s 27 (1) (b)
s 15	am A2004-28 amdt 3.2; A2006-16 amdt 1.23
Substantial alteration—Act, s 29 (2) (a)
s 16 hdg	sub A2005-34 amdt 1.17
s 16	am A2005-34 amdt 1.18
Unaltered parts that need not comply with building code—Act, s 29 (2) (b)
s 16A	ins A2005-34 amdt 1.19
	am A2005-62 amdt 3.70
Consent or approval on completion of building work—Act, s 48 (2) (d)
s 22	am A2004-28 amdt 3.3
Building code application to bushfire-prone area—Act, s 136 (4)
s 29A hdg	sub SL2006-15 s 4
s 29A	ins A2004-28 amdt 3.4
Building code application to pre-1/5/06 development applications—Act, s 136 (4)
s 29B	ins SL2006-15 s 5
	exp 1 May 2007 (s 29B (4))
Expiry of definition of asbestos
s 31	ins A2004-66 amdt 1.5
	om A2005-34 amdt 1.20
Modifications of Act, pt 11—Act, s 179
s 32	ins SL2004-46 s 5
	am A2005-34 amdt 1.21
	exp 1 September 2006 (see A2004-11 s 180)
Dictionary
dict	def asbestos ins A2004-66 amdt 1.6
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 Sept 2004	1 Sept 2004–
8 Sept 2004	A2004-66	new regulation and amendments by A2004-28 and A2004-66	
R2
9 Sept 2004	9 Sept 2004–
3 Nov 2004	SL2004-46	amendments by SL2004-46	
R3
4 Nov 2004	4 Nov 2004–
26 July 2005	SL2004-46	editorial amendments under Legislation Act	
R4
27 July 2005	27 July 2005–
10 January 2006	A2005-34	amendments by A2005-34	
R5
11 Jan 2006	11 Jan 2006–
8 May 2006	A2005-62	amendments by A2005-62	
R6
9 May 2006	9 May 2006–
30 June 2006	SL2006-15	amendments by SL2006-15	
R7
1 July 2006	1 July 2006–
1 Sept 2006	A2006-24	amendments by A2006-16 as amended by A2006-24	
R8
2 Sept 2006	2 Sept 2006–
1 May 2007	A2006-24	commenced expiry	
R9
2 May 2007	2 May 2007
30 Mar 2008	A2006-24	commenced expiry	

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