Building Regulations 2018 PDF

Version No. 024 Building Regulations 2018 S.R. No. 38/2018 Version incorporating amendments as at 1 May 2024 TABLE OF PROVISIONS Regulation...

Version No. 024 Building Regulations 2018 S.R. No. 38/2018 Version incorporating amendments as at 1 May 2024 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 Division 1—Introduction 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Revocations 2 Division 2—Definitions and interpretation 3 5 Definitions 3 6 Interpretation 15 7 Numerical values 15 8 Use of buildings 15 9 Approved forms 16 Part 2—Building Code of Australia 17 10 Building Code of Australia 17 11 Use of BCA terms 17 12 Classification of buildings 17 13 Relevant building surveyor must determine the classification of a building 17 Part 3—Owner-builders 18 Division 1—Applications for certificates of consent for owner-builders 18 14 Applications for certificates of consent 18 15 Information to accompany application for certificate of consent 19 16 Additional information to accompany application for certificate of consent if land is owned by body corporate 19 17 Additional information to accompany application for certificate of consent if land is subject to trust 20 i Regulation Page 18 Fee for an application for certificate of consent 21 19 Required knowledge for owner-builders 21 19A Exemption relating to small second dwellings 21 Division 2—Certificates of consent 21 20 Information in certificate of consent 21 21 Register of certificates of consent 22 22 Publication of information kept on the register of certificates of consent 23 Part 4—Building permits 24 Division 1—Exemptions 24 23 Exemptions from building permits 24 Division 2—Applications for building permits 24 24 Applications for building permits 24 25 Application for permit to construct or alter building 25 26 Application for permit to demolish or remove building 27 27 Exemption from application requirements for certain building work 28 28 Application for permit where swimming pool or spa proposed 28 29 Additional information to accompany application for permit 29 Division 3—Report or consent of reporting authorities 31 30 Prescribed reporting authorities 31 31 Prescribed matters 31 32 Time limits for application to be given to reporting authority 31 33 Further time for an applicant to supply a report or consent 32 34 Time limits relating to the report or consent of reporting authorities 32 35 Time within which relevant building surveyor must decide application for building permit 33 36 Maximum fees for report and consent 34 Division 4—Building permits 34 36A Manner in which relevant building surveyor may be satisfied of builder's insurance details 34 36B Specification of builders in relation to specific building work 35 37 Issue of building permit 35 38 Building surveyor to document determination of performance solution 35 39 Building surveyor to provide copy of permit 36 ii Regulation Page 40 Applicant to make documents, permit available 36 41 Provision and display of permit information 36 42 Owner to notify of change of details or owner 37 43 Builder to notify change of name or address 38 Division 5—Duties of building surveyor 38 44 Documents to be given to council 38 45 Lodgement fees 41 47 Information the relevant building surveyor must give to the Authority 41 47A Relevant building surveyor must notify Authority and relevant council of certain information 44 48 Guarantees and bonds 45 Division 6—Duties of council 45 49 Period that documents must be kept 45 50 Relevant council to make documents available on request 46 51 Requests for information from relevant council 46 52 Fees for requests for information 47 Division 7—Time limits for building work and permits 47 53 Commencement of work 47 54 Completion of building work 47 55 Lapsing of building permit 48 56 Notice of imminent lapse of building permit— commencement of work 49 57 Notice of imminent lapse of building permit—completion of work 49 58 Copy of notice of imminent lapse of building permit to be provided 49 59 Extension of building permit 50 Division 8—Combined allotments 50 60 Application to treat a combined allotment as one allotment 50 61 Information to be contained in or documents to accompany application 51 62 Building surveyor may request more information 52 63 Application may be refused if information not provided 52 64 Determination to treat a combined allotment as one allotment 53 65 Effect of determination 54 66 Revocation of determination 54 67 Private building surveyor may exercise functions of municipal building surveyor under this Division 54 iii Regulation Page Part 5—Siting, design and access requirements 55 Division 1—Introduction 55 68 Application 55 69 What is an existing building? 55 70 What is a single dwelling? 56 71 Approved building envelope design overrides siting requirement 56 Division 2—Single Class 1 buildings and associated Class 10a buildings 57 72 Application of this Division 57 73 Maximum street setback 57 74 Minimum street setbacks 58 74A Building setback for small second dwellings 61 75 Building height 62 76 Site coverage 62 76A Minimum garden area 63 77 Permeability 65 78 Car parking 66 79 Side and rear setbacks 67 80 Walls and carports on boundaries 69 81 Daylight to existing habitable room windows 70 82 Solar access to existing north-facing habitable room windows 71 83 Overshadowing of recreational private open space 73 84 Overlooking 74 85 Daylight to habitable room windows 76 86 Private open space 77 86A Private open space for small second dwellings 78 86B Accessibility for small second dwellings 79 Division 3—Siting of Class 10a buildings 79 87 Siting of Class 10a buildings 79 Division 4—Class 10b structures 80 88 Application of Division 80 89 Front fence height 80 90 Fence setbacks from side and rear boundaries 80 91 Fences on or within 150 mm of side or rear boundaries 81 92 Fences on intersecting street alignments 82 93 Fences must not include barbed wire 83 94 Fences and daylight to habitable room windows in existing dwelling 83 95 Fences and solar access to existing north-facing habitable room windows 84 iv Regulation Page 96 Fences and overshadowing of recreational private open space 85 97 Masts, poles etc. 86 Part 6—Projections beyond street alignment 87 98 Projections beyond street alignment 87 99 Architectural features—narrow street 87 100 Architectural features—medium street 87 101 Architectural features—wide street 88 102 Windows and balconies 88 103 Verandahs 89 104 Sunblinds and awnings 89 105 Service pipes, rainwater heads and service installations 89 106 Window shutters 89 107 Signs 90 108 Service cabinet doors 90 109 Report and consent required 90 110 Footings adjoining boundaries are permissible 91 Part 7—Protection of adjoining property and the public 93 Division 1—Protection of adjoining property by means of protection work 93 111 Required protection work 93 112 Matters relevant building surveyor must consider when determining if protection work required 94 113 Protection work notice 95 114 Protection work response notice 96 115 Notice of relevant building surveyor determination 97 Division 2—Protection of the public 97 116 Protection of the public 97 Division 3—Demolition 98 117 Demolition 98 Division 4—Excavations and retaining walls 99 118 Excavations 99 119 Retaining walls 99 Part 8—Building work 100 Division 1—Methods of assessment of compliance 100 120 Testing of materials 100 121 Fire performance requirements—performance solutions 100 122 Certificates of compliance—proposed building work 102 123 Certificates of compliance—building work 103 v Regulation Page 124 Registered building practitioner or endorsed building engineer must document performance solutions in certificate of compliance 104 125 Evidence of suitability—certificate from professional engineer or other qualified person 105 126 Forms of certificates of compliance 105 Division 2—Special provisions 105 127 Record of pile-driving 105 128 Branding of timber 106 129 Requirements for permits involving fire safety matters 107 130 Report and consent for building over easements 108 131 Report concerning need for electricity substations 109 132 Report and consent for septic tank systems 109 133 Stormwater drainage 109 134 Buildings above or below certain public facilities 110 Part 9—Fire safety requirements 111 144 Definition of owner 111 145 Automatic smoke detection and alarm systems 111 146 Residential care buildings—automatic fire suppression systems 113 147 Shared accommodation buildings—automatic fire suppression systems 114 147AA Modification to the BCA Volume One in relation to fire sprinkler system requirements 118 Part 9A—Safety requirements for, registration of, and certification of barriers for, swimming pools and spas 120 Division 1—Application of Part 120 147A Application of this Part 120 Division 2—Requirements for barriers for swimming pools and spas 120 147B Application of Division 120 147C Requirement for barriers 120 147D Requirements for doors or gates 121 147E Requirements for windows in walls used as barriers 122 Division 3—Maintenance and operation of barriers for swimming pools and spas 122 147F Swimming pool and spa barrier maintenance 122 147G Swimming pool and spa barrier operation 123 147H Swimming pool and spa barrier gate must remain closed 123 vi Regulation Page Division 4—Registration of swimming pools and spas 123 147I Certain swimming pools and spas exempted from section 216D of the Act 123 147J Prescribed information for swimming pool and spa registers 124 147K A register must be maintained in the following form and manner 125 147L Application for registration of swimming pools and spas constructed, or where construction commenced, before 1 November 2020 125 147M Application for registration of swimming pools and spas constructed on or after 1 November 2020 126 147N Application for registration of relocatable swimming pools and relocatable spas 127 147O Relevant council may require owner to apply for registration of swimming pool or spa 128 147P Form and fee for registration application 128 147Q Council must register swimming pool or spa on receipt of application 129 147R Relevant council must give a notice to the applicant of registration of swimming pool or spa and certain other matters 129 147S Removal of swimming pool or spa from a register 131 Division 5—Inspection and certification of compliance of barriers 132 Subdivision 1—Date of construction of a swimming pool or spa 132 147T Determination by the relevant council of the date of construction of a swimming pool or spa 132 147U Determination by the relevant council of the date of construction of a relocatable swimming pool or relocatable spa 133 Subdivision 2—Certificates of pool and spa barrier compliance 133 147V Obligation to lodge certificate of pool and spa barrier compliance 133 147W Exemption from requirement to provide first certificate of pool and spa barrier compliance for certain swimming pools and spas 135 147X Fees for lodging a certificate of pool and spa barrier compliance with a relevant council 136 147Y Issuing of certificates of pool and spa barrier compliance 137 147Z Relevant council may extend time for lodgement of a certificate of pool and spa barrier compliance 138 vii Regulation Page Subdivision 3—Alterations to a registered swimming pool or spa or related barrier 139 147ZA Application of this Subdivision 139 147ZB Issue of certificate of pool and spa barrier compliance by relevant building surveyor following completion of work 139 147ZC Owner must lodge certificate of pool and spa barrier compliance with relevant council following certain work 140 147ZD Relevant council must update applicable barrier standard in register 140 147ZE Relevant council must confirm receipt of certificate of pool and spa barrier compliance 140 Division 6—Issuing of certificates of pool and spa barrier non- compliance and related matters 141 147ZF Circumstances in which a certificate of pool and spa barrier non-compliance must be immediately issued 141 147ZG Procedure if a barrier does not meet the applicable barrier standard 142 147ZH Further inspection of a non-compliant barrier 143 147ZI Issuing a certificate of pool and spa barrier non-compliance under this Division 145 147ZJ Fees for lodging a certificate of pool and spa barrier non- compliance with a relevant council 145 147ZK Municipal building surveyor may serve a barrier improvement notice on owner 146 Division 7—General 147 147ZL Relevant council's actions following transfer of land containing a registered swimming pool or registered spa 147 147ZM Relevant council to provide information from register to the Authority 148 Part 10—Designation of special areas for building work 149 148 Mapping of designated special areas 149 149 Alteration to and creation of designated special area 149 150 Termite risk areas 149 151 Construction in termite risk areas 150 152 Significant snowfall areas 150 153 Report and consent for building in areas liable to flooding 150 154 Report and consent for construction on designated land or designated works 152 viii Regulation Page Part 11—Bushfire safety 153 Division 1—Construction in designated bushfire prone areas 153 156 Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit 153 157 Relevant building surveyor must accept bushfire attack level of 12·5 154 Division 2—Requirements for buildings replacing buildings destroyed in the 2009 bushfires 155 159 Application of this Division 155 160 Static water supply for fire fighting purposes 155 161 Access for emergency vehicles 157 162 Report and consent required for non-complying static water supply and access 159 Division 3—Private bushfire shelters 159 163 Application of this Division 159 164 Private bushfire shelter construction requirements 159 165 Private bushfire shelter performance requirements— performance solutions 160 166 Private bushfire shelter maintenance and operation 161 Part 11A—Emergency provisions 162 Division 1—Definition in this Part 162 166AA Definition of emergency 162 Division 2—Emergency accommodation buildings 163 166A Definitions in this Division 163 166B Meaning of emergency accommodation building 164 166C Intended occupier must notify the relevant council of intended occupation of emergency accommodation building 165 166D Occupation of emergency accommodation building prohibited before notified commencement date 166 166E Municipal building surveyor may inspect emergency accommodation building 166 166F Requirements for emergency accommodation buildings 166 166G Exemption from certain requirements for emergency accommodation buildings 167 166H Occupation of emergency accommodation building prohibited unless building complies with the Act and these Regulations 170 ix Regulation Page Division 3—Exemption from the building permit levy for emergency recovery 170 166I Definition in this Division 170 166J Rebuilding of a dwelling destroyed in an emergency exempt from building permit levy 170 166K Refund of building permit levy relating to rebuilding of a dwelling destroyed in an emergency 171 Part 12—Inspections, notices and orders, and register of powers of entry 172 Division 1—Inspections and directions 172 167 Prescribed mandatory notification stages for construction or alteration of building 172 168 Prescribed mandatory notification stages for demolition or removal of building 172 169 Prescribed mandatory notification stages for construction of swimming pool or spa 173 170 Omission of irrelevant mandatory notification stage 173 171 Building permit must specify mandatory notification stages 173 172 Building surveyor must cause fire and smoke resisting building elements to be inspected 174 173 Record of inspection of building work 175 174 Prescribed persons carrying out inspections 175 175 Relevant building surveyor to keep and make available directions to fix building work 176 176 Person to whom authorised person must give documents under section 37J of the Act 176 Division 2—Notices and orders 177 177 Emergency orders 177 178 Form of emergency orders 177 179 Building notices 178 180 Form of building notice 178 181 Building orders 178 182 Form of building orders 179 182A Additional information in order or notice served in accordance with section 236(4A) of the Act 179 Division 3—Powers of entry 180 183 Register of exercise of powers of entry 180 Part 13—Occupancy permits and certificates of final inspection 183 Division 1—General 183 184 Application of Part 183 185 Exemptions from occupancy permit 183 x Regulation Page Division 2—Applications for occupancy permit 183 186 Application for occupancy permit 183 187 Reporting authorities for occupancy permit 184 188 Time limits for application to be given to reporting authority 185 189 Time limits relating to the report or consent of reporting authorities 185 190 Time within which relevant building surveyor must decide application for occupancy permit 186 191 Time within which municipal building surveyor must decide application to amend occupancy permit 186 Division 3—Occupancy permits 187 192 Form of occupancy permit 187 193 Relevant building surveyor to provide copy of permit 187 194 Occupancy permit must specify essential safety measures and related requirements 187 195 Condition on occupancy permit 188 196 Compliance with AS 1851—2012 taken to be compliance with earlier standards 189 Division 4—Display and inspection requirements for occupancy permits 190 197 Display of occupancy permit at approved location 190 198 Approved location for display of permit 190 199 Owner to make permit available for inspection 191 Division 5—Certificates of final inspection 191 200 Form of certificate of final inspection 191 201 Relevant building surveyor to notify chief officer of issue of certificates of final inspection 191 Division 6—Records 192 202 Keeping of occupancy permit records 192 203 Documents to be given to council 193 204 Prescribed time to give council other documents 194 205 Information to be supplied to council 195 Part 14—Places of public entertainment 196 206 Prescribed classes of buildings or places 196 207 Prescribed temporary structures 197 208 Exemption from permit for temporary structures 197 209 Prescribed place of public entertainment 198 210 Conditions on occupancy permits 198 211 Safety officer qualifications 199 212 Structural design of prescribed temporary structures 199 xi Regulation Page Part 15—Maintenance of buildings and places of public entertainment 200 Division 1—Maintenance of essential safety measures 200 Subdivision 1—General 200 213 Application of this Division 200 214 Definitions in this Division 200 Subdivision 2—Maintenance determinations 201 215 Maintenance determinations for essential safety measures in buildings and places of public entertainment 202 216 Owner must comply with maintenance determination 203 217 Compliance with AS 1851—2012 taken to be compliance with earlier standards 203 Subdivision 3—Maintenance schedules 204 218 Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment 204 219 Owner of building or place of public entertainment may apply for maintenance schedule 205 220 Building surveyor may prepare maintenance schedule 205 221 Building surveyor must give owner copy of maintenance schedule 206 222 Maintenance schedules 206 Subdivision 4—Reporting and records 207 223 Owner must prepare annual essential safety measures report 207 224 Contents and form of annual essential safety measures report 208 225 Records relating to essential safety measures must be made available 209 226 Maintenance responsibility of owner of building or place of public entertainment 210 227 Essential safety measures not to be removed from approved locations 211 Division 2—Maintenance of exits and paths of travel relating to buildings or places of public entertainment 211 228 Maintenance of exits and paths of travel by occupiers of buildings or places of public entertainment 211 Part 16—Existing buildings 212 Division 1—Change of use of existing buildings 212 229 Change of use 212 xii Regulation Page 230 Private building surveyor may exercise functions of municipal building surveyor under regulation 229 213 Division 2—Subdivision of existing buildings 213 231 Subdivision of existing building 213 232 Private building surveyor may exercise functions of municipal building surveyor under regulation 231 214 Division 3—Alterations 214 233 Alteration to existing building 214 234 Alterations affecting exits and paths to exits 215 235 Extension of non-complying external wall 216 236 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities 216 Division 4—General 220 237 Small live music venue classification 220 Part 17—Building product accreditation 222 Division 1—Definitions 222 238 Definitions 222 Division 2—Accreditation persons and bodies 222 239 Prescribed persons and bodies to accredit building products 222 240 Definition of Certificate of Accreditation in the BCA 222 Division 3—Accreditation by Committee 223 241 Application of Division 223 242 Application for accreditation 223 242A Application for renewal of accreditation 224 242AB Application for variation of accreditation 225 242B Refusal to accredit, renew or vary an accreditation 226 243 Information in application to remain confidential 227 244 Accreditation fees 227 244A Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation 228 245 Issue or re-issue of a certificate of accreditation 229 246 Revocation of accreditation 230 247 Holder may request revocation of accreditation 231 248 Notice of revocation of accreditation 231 249 Accreditation ceases to have effect on revocation 231 250 Offence to falsely claim product accredited 232 Division 4—Register and records 232 251 Register of accredited products 232 252 Records 234 xiii Regulation Page Division 5—Exemptions relating to accreditation of building products by prescribed persons and bodies 235 253 Exemption relating to register of accredited products 235 253A Exemption from transitional provisions for building products accredited on or after 1 January 2019 235 253B Exemption from transitional provisions for building products accredited before 1 January 2019 235 Part 18—Building practitioners 236 Division 1—Registration 236 254 Information to accompany application for registration 236 255 Certificate of registration 237 256 Condition of registration 238 256A Authority to be advised of nominee director changes 238 Division 1A—Register of Building Practitioners 239 256B The Register of Building Practitioners 239 256C Publication of information on Register of Building Practitioners 240 Division 2—Prescribed qualifications and classes of building practitioner and prescribed work 242 257 Prescribed classes of building practitioner 242 258 Prescribed qualifications 242 259 Building surveyor work 243 260 Building inspector work 243 261 Domestic builder work 243 Division 3—Requirements for advertising and written statements 244 262 Advertisements or written statements by registered building practitioners 244 263 Advertisements or written statements by partnerships 244 Division 3A—Probity and discipline 244 263A Authority must be notified of probity matters 244 263B Grounds for disciplinary action 248 263C Grounds for immediate suspension 248 Division 4—General 248 264 Notice of suspension or cancellation of registration 248 265 Professional standards 249 266 Duplicate certificate fee 249 267 Period for which private building surveyor may not act 249 xiv Regulation Page Division 5—Exemptions for certain building practitioners 249 268 Relevant building surveyor exempt from section 24A in relation to certain types of building work 249 269 Relevant building surveyor exempt from section 24(6) and (7) of the Act in relation to certain building permit applications 250 269A Relevant building surveyor exempt from certain requirements in section 24A(1) of the Act in relation to issuing certain building permits 250 269B Certain persons exempt from section 169F(1) of the Act 251 Part 19—Appeals and reviews 252 271 Appeal periods 252 272 Appeal, referral and application fees 256 273 Fees for fast track appeals 257 274 Refund of fees by Authority 258 275 Review period 258 Part 20—Infringement notices 259 276 Authorised officers 259 277 Prescribed offences 259 278 Prescribed penalties 259 Part 21—Exemptions 260 279 Exemptions from building regulations 260 280 Exemption for Class 10 buildings on farm land 260 281 Exemptions relating to building surveyors for certain buildings 260 281A Exemption from certain fees 262 281B Exemption from building permit levy for building work relating to social housing 263 281C Refund of certain building permit levy 265 281D Authority is exempted from calculation and notification requirements 266 Part 22—Transitional and savings provisions 267 283 Registration of building practitioners not affected by revocation of Building Interim Regulations 2017 267 284 Domestic builder (manager) 267 285 Appointment of private building surveyor 268 Part 23—Revocation of temporary fees 269 286 Revocation of regulations prescribing fees 269 xv Regulation Page Schedule 1—Revocations 270 Schedule 2—Duties and responsibilities of an owner-builder 271 Schedule 3—Exemptions for building work and buildings 273 Schedule 4—Forms 283 Schedule 5—Prescribed matters reported on by prescribed reporting authorities 369 Schedule 6—Planning schemes 373 Schedule 7—Planning schemes applying to allotments containing homes destroyed in the 2009 bushfires 382 Schedule 8—Essential safety measures 383 Schedule 9—Prescribed classes of building practitioners and prescribed qualifications 388 Schedule 10—Work authorised to be carried out by a registered building surveyor 433 Schedule 11—Work authorised to be carried out by a registered building inspector 436 Schedule 12—Domestic building work authorised to be carried out by registered domestic builders 438 Schedule 13—Planning schemes that have an approved infrastructure contributions plan 446 ════════════ Endnotes 447 1 General information 447 2 Table of Amendments 449 3 Explanatory details 451 xvi  Version No. 024 Building Regulations 2018 S.R. No. 38/2018 Version incorporating amendments as at 1 May 2024 Part 1—Preliminary Division 1—Introduction 1 Objectives The objectives of these Regulations are— (a) to remake with amendments the regulations which control the design, construction and use of buildings and places of public entertainment; and (b) to prescribe standards for the construction and demolition of buildings; and (c) to prescribe standards of safety for places of public entertainment; and (d) to regulate matters relating to the use and maintenance of buildings and places of public entertainment; and (e) to prescribe requirements for the design, Reg. 1(e) substituted by siting and access requirements for single S.R. No. dwellings and associated buildings and for 132/2023 reg. 4. small second dwellings; and (f) to prescribe standards and matters relating to the maintenance of fire safety and safety measures; and (g) to prescribe requirements for swimming Reg. 1(g) substituted by pools and spas including— S.R. No. 116/2019 (i) swimming pool and spa safety; and reg. 5. 1  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary (ii) registration of swimming pools and spas; and (iii) inspection of swimming pools and spas; and (iv) prescribing maximum fees relating to the registration of, lodgement of documents and information searches relating to, swimming pools and spas; and (h) to provide for matters relating to the accreditation of building products, construction methods, designs, components and systems connected with building work; and (i) to prescribe qualifications and provide for other matters relating to registration of building practitioners; and (j) to prescribe fees in relation to matters before the Building Appeals Board, the Authority and the Building Regulations Advisory Committee; and (k) to provide for other matters for the purposes of the Building Act 1993. 2 Authorising provisions These Regulations are made under sections 7, 9, 15A, 261 and 262 of, and Schedule 1 to, the Building Act 1993. 3 Commencement These Regulations come into operation on 2 June 2018. 4 Revocations The Regulations listed in Schedule 1 are revoked. 2  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary Division 2—Definitions and interpretation 5 Definitions (1) In these Regulations— Administrative Office Head has the same Reg. 5(1) def. of meaning as in section 4(1) of the Public Adminis- Administration Act 2004; trative Office Head inserted by S.R. No. 21/2020 reg. 4. allotment means land that can be disposed of separately under section 8A of the Sale of Land Act 1962 without being subdivided; applicable barrier standard, in relation to a Reg. 5(1) def. of swimming pool or spa barrier, means— applicable barrier (a) the requirements of the Act and these standard inserted by Regulations with which the barrier S.R. No. must comply (the barrier 116/2019 reg. 6. requirements) in force at the date of construction of the swimming pool or spa; or (b) if after the date of construction of the swimming pool or spa, building work is carried out on the whole or part of the barrier resulting in the whole or part of the barrier having to comply with any subsequent barrier requirements— (i) the subsequent barrier requirements in force at the date of the issue of any building permit for the building work; or (ii) the subsequent barrier requirements in force at the date of the commencement of the building work if no building 3  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary permit was issued for the building work; approved means approved by the relevant building surveyor; approved building envelope means documented design parameters that deal with a siting matter regulated under Part 5 that— (a) are specified in a planning permit for the subdivision of land granted under the Planning and Environment Act 1987 on or after 1 July 1994; and (b) are— (i) specified in an agreement made under section 173 of the Planning and Environment Act 1987 that is recorded on the Register under the Transfer of Land Act 1958 in relation to the relevant allotment; or (ii) shown as restrictions on the plan of subdivision of land certified under the Subdivision Act 1988 that is recorded on the Register under the Transfer of Land Act 1958 in relation to the relevant allotment; architectural feature means eaves, brackets, cornices, light fixtures, coping, fascia, windowsills and similar parts of a building that are for decorative purposes and which can be removed from a building or structure without adversely affecting that building's structural integrity; 4  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary AS 1851—2012 means AS 1851—2012 Routine service of fire protection systems and equipment published on 3 December 2012, as in force or as issued from time to time; AS 3959 means AS 3959:2018 Construction of Reg. 5(1) def. of buildings in bushfire-prone areas published AS 3959 on 14 November 2018, as incorporated for substituted by S.R. No. the time being by the BCA; 40/2019 reg. 5(a). BCA means the Building Code of Australia; BCA Volume One means Volume One of the Reg. 5(1) def. of BCA National Construction Code Series including Volume One any variations or additions in the Victoria amended by S.R. No. Appendix set out in Schedule 1 to that 40/2019 Volume; reg. 5(b). BCA Volume Two means Volume Two of the Reg. 5(1) def. of BCA National Construction Code Series including Volume Two any variations or additions in the Victoria amended by S.R. No. Appendix set out in Schedule 1 to that 40/2019 Volume; reg. 5(c). bushfire attack level has the same meaning as in AS 3959; * * * * * Reg. 5(1) def. of Bushfire Recovery Victoria inserted by S.R. No. 21/2020 reg. 4, revoked by S.R. No. 80/2023 reg. 4. certificate of final inspection means a certificate issued under section 38 of the Act; 5  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary Reg. 5(1) civil engineer means an endorsed building def. of civil engineer registered in the area of civil engineer inserted by engineering; S.R. No. 73/2021 reg. 5(1). clear to the sky in relation to an area means an unroofed area or an area roofed with a material that transmits at least 90% of light; combined allotment means two or more adjoining allotments or an allotment and adjoining land; commencement date in relation to building work has the same meaning as in regulation 55(1); completion date in relation to building work has the same meaning as in regulation 55(2); Reg. 5(1) date of construction of a swimming pool or spa def. of date of construction means the date the swimming pool or spa inserted by was constructed as determined by the S.R. No. 116/2019 relevant council under regulation 147T or reg. 6. 147U (as the case requires); declared road means a freeway or an arterial road, both within the meaning of the Road Management Act 2004; designated land means any land declared to be designated land under Part 10 of the Water Act 1989; designated special area means— (a) an area liable to flooding; or (b) an area designated under regulation 150 as an area in which buildings are likely to be subject to attack by termites; or 6  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary (c) an area designated under regulation 152 as likely to be subject to significant snowfalls; or (d) designated land; or (e) designated works; designated works means any works declared to be designated works under Part 10 of the Water Act 1989; Director of Housing has the same meaning as it Reg. 5(1) def. of has in the Housing Act 1983; Director of Housing inserted by S.R. No. 101/2020 reg. 5. drainage authority in relation to a district means the Authority to which Division 3 of Part 10 of the Water Act 1989 applies in relation to that district; electrical engineer means an endorsed building Reg. 5(1) def. of engineer registered in the area of electrical electrical engineering; engineer inserted by S.R. No. 73/2021 reg. 5(1). electricity supply authority has the same meaning as electricity corporation has in section 85 of the Electricity Industry Act 2000; emergency accommodation building has the same Reg. 5(1) def. of meaning as in regulation 166B; emergency accom- modation building inserted by S.R. No. 83/2020 reg. 4. essential safety measure has the same meaning as it has in regulation 214; 7  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary farm land has the same meaning as it has in section 2(1) of the Valuation of Land Act 1960; fence includes— (a) a screen; or (b) a structure similar to a fence; Reg. 5(1) fire performance requirement means— def. of fire performance requirement (a) performance requirement B1P1, D1P2, substituted by D1P3, D1P4 or D1P6 of the BCA S.R. No. 102/2023 Volume One (to the extent that it reg. 3. relates to fire safety); or (b) performance requirement C1P1, C1P2, C1P3, C1P4, C1P5, C1P6, C1P7, C1P8, C1P9, D1P5, E1P1, E1P2, E1P3, E1P4, E1P5, E1P6, E2P1 or E2P2 of the BCA Volume One; or (c) performance requirement H1P1, H3P1 or H3P2 of the BCA Volume Two (to the extent that it relates to fire safety for a Class 1b building or a Class 10 building not associated with a Class 1a building); Reg. 5(1) fire safety engineer means an endorsed building def. of fire safety engineer registered in the area of fire safety engineer engineering; substituted by S.R. No. 73/2021 reg. 5(2). floodplain management authority in relation to a district means an Authority or Minister to which Division 4 of Part 10 of the Water Act 1989 applies in relation to that district; Form means a form in Schedule 4; 8  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary gas supply authority means— (a) in relation to an area served by a reticulated gas supply, a gas company within the meaning of the Gas Safety Act 1997; and (b) in relation to pipelines to which the Pipelines Act 2005 applies, the Minister responsible for the administration of that Act; height in relation to— (a) a building (other than a wall or fence) at any point, means the vertical distance between natural ground level and the top of the roof covering; and (b) a wall at any point, means the vertical distance between the natural ground level at the base of the wall and the point at which the outer wall intersects the plane of the top of the roof covering or the top of the parapet, whichever is higher; and (c) a fence at any point, means the vertical distance between the natural ground level at the base of the fence and the top of the fence; Keeper of Public Records means the Keeper of Public Records within the meaning of the Public Records Act 1973; maintenance determination has the same meaning as it has in regulation 214; maintenance schedule has the same meaning as it has in regulation 214; 9  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary Reg. 5(1) management condition means a condition def. of imposed by the Authority, under management condition section 171H of the Act, on the registration inserted by of a building practitioner in the category of S.R. No. 73/2021 builder, class of domestic builder (unlimited) reg. 5(1). that limits the practitioner's authorised scope of work to managing and arranging the carrying out of domestic building work; Reg. 5(1) mechanical engineer means an endorsed building def. of mechanical engineer registered in the area of mechanical engineer engineering; inserted by S.R. No. 73/2021 reg. 5(1). medium street means a street that is more than 6 m in width but not exceeding 10 m in width; narrow street means a street that is 6 m or less in width; north-facing habitable room window means a window of a habitable room that has an axis perpendicular to its surface oriented true north 20° west to true north 30° east; Reg. 5(1) participating registered agency has the same def. of participating meaning as it has in the Housing Act 1983; registered agency inserted by S.R. No. 101/2020 reg. 5. pergola means an open structure that is unroofed but may have a covering of open weave permeable material; planning permit means a planning permit granted under the Planning and Environment Act 1987; 10  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary planning scheme means a planning scheme approved under the Planning and Environment Act 1987 as in force from time to time; private open space means— (a) an unroofed area of land; or (b) a deck, terrace, patio, balcony, pergola, verandah, gazebo, swimming pool or spa; recreational private open space means any part of Reg. 5(1) def. of a private open space on an allotment— recreational private open (a) which is— space amended by (i) at the side or rear of an existing S.R. No. 132/2023 dwelling including a small second reg. 5(2). dwelling on the allotment; or (ii) within the front setback of an existing dwelling including a small second dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5 m high and that has no more than 25% of its area open; and (b) which is primarily intended for outdoor recreation activities; register, in relation to a swimming pool or spa, Reg. 5(1) def. of register means the swimming pool and spa register of inserted by a council; S.R. No. 116/2019 reg. 6. registered spa means a spa that is registered under Reg. 5(1) def. of Division 4 of Part 9A on a swimming pool registered spa and spa register; inserted by S.R. No. 116/2019 reg. 6. 11  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary Reg. 5(1) registered swimming pool means a swimming def. of pool that is registered under Division 4 of registered swimming Part 9A on a swimming pool and spa pool register; inserted by S.R. No. 116/2019 reg. 6. Reg. 5(1) relevant building permit means a building permit def. of relevant that is referred to in regulation 269A(1); building permit inserted by S.R. No. 73/2021 reg. 5(1). Reg. 5(1) relevant building practitioner means a building def. of relevant practitioner registered under Part 11 of the building Act in the category of builder, in the class practitioner inserted by of— S.R. No. 73/2021 (a) domestic builder (manager); or reg. 5(1). (b) domestic builder (unlimited) subject to a management condition; Reg. 5(1) relocatable spa means a spa that is capable of def. of relocatable being relocated; spa inserted by S.R. No. 116/2019 reg. 6. Reg. 5(1) relocatable swimming pool means a swimming def. of relocatable pool that is capable of being relocated; swimming pool inserted by S.R. No. 116/2019 reg. 6. septic tank system has the same meaning as it has in section 53J(1) of the Environment Protection Act 1970; 12  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary service authority means any of the following— (a) a council; (b) a drainage authority; (c) an electricity supply authority; (d) a gas supply authority; (e) a sewerage authority; (f) a water supply authority; setback, from a boundary or building, means a horizontal distance from that boundary or building; sewerage authority in relation to a sewerage district under the Water Act 1989 means the Authority for that sewerage district under that Act; site coverage in relation to an allotment means that part of the allotment, which is covered by buildings, expressed as a percentage of the area of the allotment; small second dwelling means a Class 1a building Reg. 5(1) def. of small that is self-contained and has a gross floor second area that is equal to or less than 60 m2 on the dwelling inserted by same allotment as an existing building that is S.R. No. a single Class 1 building that is not a small 132/2023 reg. 5(1). second dwelling; social housing has the same meaning as it has in Reg. 5(1) def. of social the Housing Act 1983; housing inserted by S.R. No. 101/2020 reg. 5. spa unless otherwise stated includes a relocatable Reg. 5(1) def. of spa spa; inserted by S.R. No. 116/2019 reg. 6. 13  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary street includes road, highway, carriageway, lane, footway, square, court, alley and right of way; street alignment means the line between a street and an allotment; Reg. 5(1) swimming pool unless otherwise stated includes a def. of swimming relocatable swimming pool; pool inserted by S.R. No. 116/2019 reg. 6. the Act means the Building Act 1993; water supply authority in relation to a water district under the Water Act 1989 means the Authority for that water district under that Act; wide street is a street that is more than 10 m in width. (2) For the purposes of subregulation (1), land is in an area liable to flooding if— (a) by or under the Water Act 1989 it is determined as being liable to flooding (however expressed); or (b) it is identified in a planning scheme under the Planning and Environment Act 1987 as being in an area liable to flooding (however expressed); or (c) it is described on a certified or sealed plan of subdivision or plan of strata subdivision or plan of cluster subdivision (as the case requires) as being liable to flooding (however expressed); or 14  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary (d) it is designated by the relevant council as likely to be flooded by waters from— (i) a waterway, as defined in section 3(1) of the Water Act 1989; or (ii) any land upon which water concentrates or upon or over which surface water usually or occasionally flows (whether in a defined channel or otherwise) including land affected by flow from a drainage system. (3) For the purposes of subregulation (1), the width of a street must take into account the accumulative width of all parts of a street including, for example, footways and roads. 6 Interpretation If a provision of any document applied, adopted or incorporated by, or referred to in, these Regulations is inconsistent with any provision in these Regulations, the provision in these Regulations prevails. 7 Numerical values The numerical values prescribed in these Regulations must be applied subject to tolerances according to any appropriate code, standard, rule, specification or provision adopted by reference in these Regulations, or normal trade practice, or good practice, as the case requires. 8 Use of buildings In these Regulations any reference to the purpose for which a building is used includes the purpose for which it is proposed to be used. 15  Building Regulations 2018 S.R. No. 38/2018 Part 1—Preliminary 9 Approved forms (1) The Authority may from time to time approve forms for the purposes of these Regulations. (2) The Authority must publish any approved form in the Government Gazette. 16  Building Regulations 2018 S.R. No. 38/2018 Part 2—Building Code of Australia Part 2—Building Code of Australia 10 Building Code of Australia The BCA is adopted by and forms part of these Regulations as modified by these Regulations. * * * * * Reg. 10A inserted by S.R. No. 102/2023 reg. 4, amended by S.R. No. 122/2023 reg. 4, revoked by S.R. No. 38/2018 reg. 10A(3). 11 Use of BCA terms Subject to the Act and to regulations 5 and 6, words and expressions used in these Regulations have the same meanings as they have in the BCA. 12 Classification of buildings For the purposes of these Regulations, buildings must be classified as set out in the BCA. 13 Relevant building surveyor must determine the classification of a building (1) The relevant building surveyor must determine the classification of a building when performing a function under the Act or these Regulations. (2) If there is any doubt as to the classification of a building under the BCA, the relevant building surveyor must classify the building as belonging to the class it most closely resembles. 17  Building Regulations 2018 S.R. No. 38/2018 Part 3—Owner-builders Part 3—Owner-builders Division 1—Applications for certificates of consent for owner-builders 14 Applications for certificates of consent (1) An application for a certificate of consent to carry out domestic building work on land must be in the form approved by the Authority and contain the information set out in subregulation (2). (2) For the purposes of section 25C(2)(a) of the Act, the following information is the prescribed information to be contained in the application— (a) the address of the land on which the domestic building work is to be carried out; (b) the name, address, telephone number and ABN, ACN or ARBN (if applicable) of each owner of the land; (c) if the applicant is not an owner of the land, the name, address, telephone number and ABN, ACN or ARBN (if applicable) of the applicant; (d) a description of the proposed domestic building work; (e) details of the cost of the proposed domestic building work; (f) whether or not a building permit referred to in section 25E(1)(e), (f) or (g) of the Act has been issued in the previous 5 years; (g) the type of work in which the applicant is engaged or intends to engage, and whether it is for profit or gain; 18  Building Regulations 2018 S.R. No. 38/2018 Part 3—Owner-builders (h) if the applicant intends to seek an exemption under section 25E(4) of the Act, details of the grounds on which the exemption is sought. 15 Information to accompany application for certificate of consent For the purposes of section 25C(2)(c)(i) of the Act, an application for a certificate of consent must be accompanied by the following information— (a) any evidence or proof of identity of the applicant that is required by the Authority; (b) if the land is under the operation of the Transfer of Land Act 1958, a copy of the certificate of title for the land dated within 7 days before the date of the application; (c) if the land is not under the operation of the Transfer of Land Act 1958, any evidence of ownership of the land required by the Authority; (d) if the applicant co-owns the land, a written statement from each other owner, stating that the owner authorises the making of the application dated within 28 days before the date of the application. 16 Additional information to accompany application for certificate of consent if land is owned by body corporate For the purposes of section 25C(2)(c)(i) of the Act, an application for a certificate of consent must be accompanied by the following information in addition to the information required under regulation 15, if the land to which the application relates is owned by a body corporate— 19  Building Regulations 2018 S.R. No. 38/2018 Part 3—Owner-builders (a) if the owner is a company incorporated under the Corporations Act, a copy of a record of a current company extract dated within 7 days before the date of the application, from the records maintained by the Australian Securities and Investments Commission continued under the ASIC Act that shows the company name, ABN, ACN, the names of the directors and the address of the company's registered office; (b) if the body corporate is not a company incorporated under the Corporations Act, any evidence of incorporation required by the Authority; (c) a written authorisation of the body corporate to the making of the application and the carrying out of the domestic building work on the land by the applicant dated within 28 days before the date of the application; (d) a description of the nature of the business of the body corporate. 17 Additional information to accompany application for certificate of consent if land is subject to trust For the purposes of section 25C(2)(c)(i) of the Act, an application for a certificate of consent must be accompanied by the following information, in addition to the information required under regulation 15, if the land to which the application relates is the subject of a trust— (a) a certified copy of the trust deed, together with any subsequent amendments, showing the name of the trust, the name of each trustee and the name of each beneficiary and which is certified within 28 days before the date of the application; 20  Building Regulations 2018 S.R. No. 38/2018 Part 3—Owner-builders (b) a written authorisation by each trustee of the trust to the making of the application and to the carrying out of the domestic building work by the applicant on the land dated within 28 days before the date of the application; (c) a description of the nature of the business of the trust (if any). Note It is an offence under section 246 of the Act to make false or misleading statements or provide false or misleading information. 18 Fee for an application for certificate of consent For the purposes of section 25C(2)(c)(ii) of the Act, the fee for an application for the issue of a certificate of consent is 6·9 fee units. 19 Required knowledge for owner-builders For the purposes of section 25E(1)(ab) of the Act, the knowledge of the duties and responsibilities of an owner-builder set out in Schedule 2 is prescribed. 19A Exemption relating to small second dwellings Reg. 19A inserted by S.R. No. Section 25E(1)(d), (e), (f) and (g) of the Act does 132/2023 not apply in respect of the decision of the reg. 6. Authority to issue a certificate of consent under section 25C of the Act if the application for a building permit to carry out domestic building work is in relation to the construction of a small second dwelling. Division 2—Certificates of consent 20 Information in certificate of consent For the purposes of section 25G(1)(a) of the Act, a certificate of consent must contain the following information⎯ 21  Building Regulations 2018 S.R. No. 38/2018 Part 3—Owner-builders (a) the date of issue of the certificate; (b) a description of the proposed domestic building work to which the certificate relates; (c) the address of the land on which the domestic building work to which the certificate relates is to be carried out; (d) details of the cost of the proposed domestic building work; (e) an identification number of the certificate; (f) the name, address, telephone number and ABN, ACN or ARBN (if applicable) of each owner of the land; (g) if the applicant is not an owner of the land, the name, address, telephone number and ABN, ACN or ARBN (if applicable) of the applicant; (h) if an owner of the land is a body corporate, the names of all the directors of the body corporate; (i) if the land is subject to a trust, the name of that trust and the names of all the trustees of that trust. 21 Register of certificates of consent For the purposes of section 25H(2) of the Act, the register of certificates of consent kept by the Registrar of the Authority must contain the following information in relation to each certificate of consent issued⎯ (a) the date of issue of the certificate; (b) the identification number of the certificate; (c) the address of the land to which the certificate relates; 22  Building Regulations 2018 S.R. No. 38/2018 Part 3—Owner-builders (d) the name, address, telephone number and ABN, ACN or ARBN (if applicable) of each owner of the land; (e) the description of the proposed domestic building work to be carried out on the land; (f) if the applicant for the certificate is not an owner of the land, the name, address, telephone number and ABN, ACN or ARBN (if applicable) of the applicant; (g) if an owner of the land is a body corporate, the names of all the directors of the body corporate; (h) if the land is subject to a trust, the name of the trust and the names of all the trustees of the trust. 22 Publication of information kept on the register of certificates of consent (1) For the purposes of section 25H(3) of the Act, the Authority may publish on the Authority's website the following information that is kept on the register of certificates of consent in relation to each certificate of consent issued— (a) the date of issue of the certificate; (b) the identification number of the certificate; (c) a description of the proposed domestic building work to which the certificate relates; (d) the address of the land on which the domestic building work to which the certificate relates is to be carried out. (2) The Authority may publish the information under subregulation (1) relating to a certificate of consent issued in the previous 10 years. 23  Building Regulations 2018 S.R. No. 38/2018 Part 4—Building permits Part 4—Building permits Division 1—Exemptions 23 Exemptions from building permits A building permit is not required under the Act for the buildings and building work specified in column 2 of the Table in Schedule 3. Division 2—Applications for building permits 24 Applications for building permits (1) An application for a building permit must be in the form of Form 1. (2) For the purposes of clause 1(a) of Schedule 2 to the Act, the prescribed information to be contained in the application is the information set out in Form 1. (3) For the purposes of clause 1(b) of Schedule 2 to the Act, the documents to accompany the application are— (a) the documents set out in Form 1 to accompany the application; and (b) subject to regulation 27, the documents required under regulations 25, 26 and 28. (4) An application for a building permit must contain sufficient information to show that the proposed building work will comply with the Act and these Regulations. 24  Building Regulations 2018 S.R. No. 38/2018 Part 4—Building permits 25 Application for permit to construct or alter building (1) An application for a building permit to construct or alter a building must be accompanied by the following— (a) a copy of any planning permit relating to the proposed building work to which the permit application applies; (b) drawings showing the plan at each floor level, elevations, sections, dimensions and the sizes and locations of structural members to a scale of not less than 1:100, together with any details that are necessary to show compliance to a scale of not less than 1:20, or to other approved scales; (c) specifications describing materials and methods to be used in the construction or alteration; (d) allotment plans to a scale of not less than 1:500 or other approved scales, showing the matters set out in subregulation (2); (e) a statement of the use or proposed use of all buildings shown on allotment plans; (f) a copy of any computations or reports necessary to demonstrate that the building and building work will, if constructed in accordance with the computations and reports, comply with the Act and these Regulations; (g) if the application is for a building permit to alter an existing building, copies of drawings and allotment plans that clearly differentiate between the existing building and the proposed building work for which the permit is sought. 25  Building Regulations 2018 S.R. No. 38/2018 Part 4—Building permits (2) The following matters are to be shown on an allotment plan— (a) the boundaries and dimensions of the allotment and any easements that are relevant to the proposed building work; (b) the distance to the nearest intersecting street; (c) the position and dimensions of the proposed building and its relationship to— (i) the boundaries of the allotment; and (ii) any existing building on the allotment; and (iii) any part of a building or land on an adjoining allotment if necessary to show compliance with the Act and these Regulations; (d) the levels of the allotment, floors of the building, street drainage channel and stormwater drain; (e) the layout of drains to the point of discharge on the allotment together with details necessary to show compliance with the Act and these Regulations; (f) the location, dimensions and area of impermeable surfaces covering the allotment if necessary for the purposes of regulation 77; (g) the location and dimensions of car parking spaces for the purposes of regulation 78; Reg. 25(2)(h) (h) the location, dimensions and area of private amended by S.R. No. open space for the purposes of regulation 86 132/2023 or regulation 86A. reg. 7. 26  Building Regulations 2018 S.R. No. 38/2018 Part 4—Building permits (3) An application for a building permit to construct or alter a building must also be accompanied by any additional copies of the documents set out in subregulation (1) that the relevant building surveyor reasonably requires. 26 Application for permit to demolish or remove building (1) An application for a building permit to demolish or remove a building must be accompanied by the following— (a) a copy of any planning permit relating to the proposed building work to which the permit application applies; (b) an outline and a description of the building or part of the building to be demolished or removed; (c) an allotment plan showing the location of— (i) the building in relation to the boundaries of the allotment and adjoining buildings; and (ii) other buildings on the allotment; and (iii) streets, footpaths or crossings adjoining the allotment; (d) if only a part of the building is to be demolished or removed, computations or other information to show that the remainder of the building will comply with the Act and these Regulations either as it remains after the proposed demolition or removal takes place or after other works are undertaken; (e) information showing the position and description of hoardings, allotment boundaries, barricades, temporary crossings, protective awnings and outriggers; 27  Building Regulations 2018 S.R. No. 38/2018 Part 4—Building permits (f) a written description of the demolition or removal procedure; (g) evidence that the demolisher has the necessary knowledge, experience, equipment and storage facilities to properly conduct the demolition operations. (2) An application for a building permit to demolish or remove a building must also be accompanied by any additional copies of the documents set out in subregulation (1) that the relevant building surveyor reasonably requires. 27 Exemption from application requirements for certain building work The relevant building surveyor may exempt an application for a building permit in respect of building work from any requirement under regulation 25 or 26 which the relevant building surveyor considers is not required to demonstrate that the building work will comply with the Act and these Regulations. 28 Application for permit where swimming pool or spa proposed An application for a building permit to construct a swimming pool or spa and any associated safety barrier must include, in addition to othe