Building (Building Envelope) Regulations 2002

i Building (Building Envelope) Regulations 2002 S.R. No. 132/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Application of this Part 2 5. Insertion of regulation 4.2A 2 4.2A Exception concerning building envelopes 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 2002 S.R. No. 132/2002 Building Act 1993 Building (Building Envelope) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 17 December 2002 Responsible Minister: MARY DELAHUNTY Minister for Planning HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Building Regulations 1994 to prescribe exceptions to the requirement for the obtaining of a consent and report from a relevant council. 2. Authorising provisions These Regulations are made under sections 7, 261 and 262 of the Building Act 1993. 3. Commencement These Regulations come into operation on 1 January 2003. -- 2 of 5 -- S.R. No. 132/2002 Building (Building Envelope) Regulations 2002 2 4. Application of this Part In regulation 4.2 of the Building Regulations 1994 1 — (a) for sub-regulation (3)(b) substitute— "(b) the land is on a plan of subdivision which was registered on or after 1 January 1997 and before 1 July 2003; and"; (b) for sub-regulation (3)(c) substitute— "(c) a building permit for the construction of the building is issued before 1 July 2003.". 5. Insertion of regulation 4.2A After regulation 4.2 of the Building Regulations 1994 insert— '4.2A Exception concerning building envelopes (1) In this regulation "approved building envelope" means documented design parameters that deal with a siting matter regulated by this Part that— (a) are in a planning permit for subdivision issued under the Planning and Environment Act 1987 on or after 1 July 1994; and (b) are— (i) in an agreement made under section 173 of the Planning and Environment Act 1987 which is registered on the title of the relevant allotment; or (ii) shown as a restriction on a plan of subdivision certified under the Subdivision Act 1988 which is r. 4 -- 3 of 5 -- S.R. No. 132/2002 Building (Building Envelope) Regulations 2002 3 registered on the title of the relevant allotment. (2) The consent and report of the relevant council is not required in relation to a design in respect of an allotment where the design does not comply with a regulation in this Part if— (a) an approved building envelope applies to the allotment and deals with a siting matter that is regulated by that regulation; and (b) the design of the building is consistent with all the siting matters dealt with by the approved building envelope that are regulated by this Part. (3) If an adjoining allotment is not subject to the same agreement or is not shown on the same certified plan of subdivision, sub- regulation (2) does not apply to regulations 4.14, 4.15, 4.16, 4.17, 4.18, 4.19, 4.25, 4.26, 4.28, 4.29 and 4.30 to the extent that they relate to that adjoining allotment.'. ═══════════════ r. 5 -- 4 of 5 -- S.R. No. 132/2002 Building (Building Envelope) Regulations 2002 4 ENDNOTES 1 Reg. 4: S.R. No. 81/1994. Reprint No. 6 as at 1 July 2002. Endnotes -- 5 of 5 --