Building Amendment Regulations 2012

Building Amendment Regulations 2012

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

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. J. O'BYRNE

Minister for Workplace Relations

1.   Short title

These regulations may be cited as the Building Amendment Regulations 2012 .

2.   Commencement

These regulations take effect on 28 November 2012.

3.   Principal Regulations

In these regulations, the Building Regulations 2004 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of Act in subregulation (1) :

Anti-Discrimination Commissioner means the person appointed under section 5 of the Anti-Discrimination Act 1998 ;

(b) by inserting the following definitions after the definition of B landslip area in subregulation (1) :

bushfire-prone area means –

(a) land that is within the boundary of a bushfire-prone area shown on an overlay on a planning scheme map; and

(b) where there is no overlay on a planning scheme map, or where the land is outside the boundary of a bushfire-prone area shown on an overlay on such a map, land that is within 100 metres of an area of bushfire-prone vegetation equal to or greater than one hectare;

bushfire-prone vegetation means contiguous vegetation including grasses and shrubs but not including maintained lawns, parks or gardens, nature strips, plant nurseries, golf courses, vineyards, orchards or vegetation on land that is used for horticultural purposes;

(c) by inserting the following definition after the definition of completed in subregulation (1) :

contiguous means separated by less than 20 metres;

(d) by inserting the following definition after the definition of electricity supply entity in subregulation (1) :

exempt outbuilding includes an aviary, pigeon loft, fowl house and enclosure, kennel, dog or cat enclosure, boat shed, cycle shed, fuel shed, garden shed, glass house, potting shed, greenhouse, tool house, conservatory, implement shed, summer house, fernery, cabana, shade house, shade sail or awning, cubby house and any similar building;

(e) by omitting the definition of outbuilding from subregulation (1) ;

(f) by inserting the following definitions after the definition of public holiday in subregulation (1) :

public land means land under the administrative control of a public or other authority;

public or other authority means –

(a) the Crown, within the meaning of the Crown Proceedings Act 1993 ; or

(b) a council; or

(c) a single authority, controlling authority or joint authority established under Part 3 of the Local Government Act 1993 ; or

(d) a statutory authority; or

(e) a State-owned company; or

(f) a Regional Corporation, or a Common Services Corporation, within the meaning of the Water and Sewerage Corporations Act 2008 ; or

(g) a regulated entity within the meaning of the Water and Sewerage Industry Act 2008 ;

(g) by omitting "hanger" from paragraph (b) of the definition of special fire hazard building in subregulation (1) and substituting "hangar";

(h) by omitting "building." from paragraph (b) of the definition of special fire hazard building in subregulation (1) and substituting "building;";

(i) by inserting the following definitions after the definition of special fire hazard building in subregulation (1) :

State-owned company means a company incorporated under the Corporations Act that is controlled –

(a) by the Crown, a Minister of the Crown, a Government Business Enterprise or a statutory authority; or

(b) by another company that is so controlled;

statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority;

Type 1 exempt outbuilding means a non-habitable outbuilding where –

(a) the total area does not exceed 10 square metres; and

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

(c) no part is more than 2.4 metres above finished ground level; and

(d) it is not situated within one metre of a drain or service easement;

Type 2 exempt outbuilding means a non-habitable outbuilding where –

(a) the total area does not exceed 18 square metres; and

(b) the roof span does not exceed 3 metres; and

(c) no part of the building is higher than 2.4 metres above finished ground level; and

(d) no part of the building is closer than 900 millimetres to any other building on the site or to the property boundary; and

(e) no part of the building is located forward of the building line; and

(f) no excavation or deposit is greater than 500 millimetres in depth; and

(g) it is not situated within one metre of a drain or service easement.

(j) by inserting the following subregulation after subregulation (7) :

(8)  An area that is defined as a bushfire-prone area in these regulations is a "designated bushfire prone area" for the purposes of that definition in the Building Code of Australia.

5.    Regulation 4 amended (Certain buildings and building work exempt from requirement for building permit)

Regulation 4 of the Principal Regulations is amended as follows:

(a) by omitting "These regulations, other than Part 1 , Divisions 1 and 2 of Part 2 , regulation 23 and Part 4 , do not apply in relation to obtaining a building permit under section 60 of the Act in respect of the following" and substituting "In accordance with section 60(2) of the Act, building work on the following buildings is exempt from the requirement for a building permit";

(b) by omitting paragraph (a) and substituting the following paragraphs:

(a) a Type 1 exempt outbuilding if not more than 2 are erected under this exemption on an allotment, or a Type 2 exempt outbuilding if not more than one is erected on an allotment;

(ab) a non-roofed deck that is –

(i) constructed of timber products; and

(ii) is not more than one metre above finished ground level; and

(iii) not closer than 900 millimetres to a boundary; and

(iv) not situated in a bushfire-prone area; and

(v) not situated within one metre of a drain or service easement;

(c) by inserting in paragraph (d) "or the support structure of a wind turbine" after "flagpole";

(d) by omitting paragraph (h) and substituting the following paragraph:

(h) a tank or silo with a capacity of less than 45 000 litres and its supporting structure;

(e) by omitting from paragraph (o)(ii) "permit." and substituting "permit;";

(f) by inserting the following paragraphs after paragraph (o) :

(p) a permanent walkway or platform that –

(i) is not part of a building; and

(ii) is less than one metre above finished ground level; and

(iii) members of the public normally use or are permitted access to;

(q) electricity transmission and telecommunication infrastructure including towers, poles and lines constructed by a public or other authority but not including roofed buildings in electrical distribution substations;

(r) solar panels that cover an area of less than 18 square metres;

(s) agricultural crop protection structures that are wholly covered by netting, shade cloth or similar open-weave material.

6.    Regulations 4A and 4B inserted

After regulation 4 of the Principal Regulations , the following regulations are inserted in Part 1:

4A.   Limits on exemptions

(1)  An exemption under regulation 4 only applies where the building or building work is not associated with –

(a) other building work which requires a building permit; or

(b) protection work.

(2)  Building work that is exempt under regulation 4 must comply with the Building Code of Australia.

4B.   Minor alterations and minor repairs

For the purposes of section 60(2)(b) of the Act, proposed work is not a minor alteration or a minor repair if it –

(a) is the addition of a room; or

(b) affects the structural adequacy of the building including underpinning of foundations; or

(c) is a conversion of a non-habitable space, including an attic or a garage, into a habitable room; or

(d) requires specialist design input from a practitioner in an area such as foundations or geotechnical design, engineering, energy efficiency, building services or fire safety; or

(e) affects any matters that a permit authority would need to take into account under section 71 of the Act or regulation 18 ; or

(f) is work that is required to be referred to a reporting authority; or

(g) is work that a function control authority has advised is of interest to it; or

(h) is to a building on the Heritage Register; or

(i) affects the requirements necessary to avoid the spread of fire to or from any adjoining building; or

(j) is work in a landslip area, or in a bushfire-prone area, or on land subject to flooding and would adversely affect the stability of the land, or resistance to bushfires or mitigation of flood damage; or

(k) is over any services or easements; or

(l) involves the demolition or removal of materials containing asbestos, unless it is exempt removal work within the meaning of the Workplace Health and Safety Regulations 1998 ; or

(m) impacts on the protection of any adjoining property; or

(n) will adversely affect the safety, health or amenity of people using the building; or

(o) impacts on the maintenance of any prescribed features or measures of the building; or

(p) would trigger a change in the building’s occupancy permit; or

(q) involves a change of use, or a change of building classification, of the existing building or of the part being altered.

7.    Regulation 5 amended (Prescribed building work)

Regulation 5 of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (f) "Act." and substituting "Act;";

(b) by inserting the following paragraphs after paragraph (f) :

(g) a bridge or viaduct, other than a bridge or viaduct constructed on public land or by a public or other authority;

(h) a pedestrian overpass or underpass or a passenger boarding bridge, other than a pedestrian overpass or underpass or passenger boarding bridge constructed on public land or by a public or other authority;

(i) work on a building that is situated on a wharf, jetty or marina or on a pontoon permanently fixed to land.

8.    Regulation 7 amended (Prescribed circumstances where building surveyor limited may act as building surveyor)

Regulation 7 of the Principal Regulations is amended by omitting "an assistant building surveyor" and substituting "a building surveyor limited".

9.    Regulation 9 amended (Effect of order in B landslip areas)

Regulation 9 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (a) from subregulation (2) and substituting the following paragraph:

(a) a certificate is given by a geo-technical engineer who has expertise in geo-technical reports and is accredited as an Engineer-Civil under the Accreditation Scheme; and

(b) by omitting from subregulation (3) "the practising professional" and substituting "an".

10.    Regulation 10 amended (Activities prohibited in landslip areas)

Regulation 10(2) of the Principal Regulations is amended by omitting "practising professional engineering geologist, or a practising professional engineer who has expertise in landslip areas," and substituting "geo-technical engineer who has expertise in geo-technical reports and is accredited as an Engineer-Civil under the Accreditation Scheme, or a practising engineering geologist who has expertise in geo-technical reports,".

11.    Regulation 12 amended (Land subject to flooding)

Regulation 12 of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (a) " paragraph (b) or (c) " and substituting " paragraph (b) , (c) or (d) ";

(b) by omitting from paragraph (c) "tide." and substituting "tide;";

(c) by inserting the following paragraph after paragraph (c) :

(d) in respect of a watercourse floodplain not mentioned in paragraph (b), a level that, according to a report adopted by the relevant council, has a 1% probability of being exceeded in any year.

12.    Regulation 13 amended (Reliance on certificate issued by specialist or other person)

Regulation 13 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1) "specialist or other" after "for a";

(b) by inserting in subregulation (2) "specialist or other" after "from a".

13.    Regulation 14 amended (Reporting authorities)

Regulation 14 of the Principal Regulations is amended by omitting paragraph (ab) and substituting the following paragraph:

(ab) in the case of building work where an application is made to the Appeal Tribunal under section 218A of the Act, the Anti-Discrimination Commissioner;

14.    Regulation 15A rescinded

Regulation 15A of the Principal Regulations is rescinded.

15.    Regulation 20 amended (Distribution of documents)

Regulation 20 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulation:

(3)  The builder must ensure that the documents referred to in subregulation (1)(b) are on the site while the building work is being carried out.

Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

16.    Regulation 22 substituted

Regulation 22 of the Principal Regulations is rescinded and the following regulation is substituted:

22.   Change of parties involved in building work

(1)  If, after a building permit has been granted and before the building work is complete –

(a) the owner of the relevant building or land; or

(b) an agent appointed by the owner; or

(c) the designer of the building work; or

(d) the builder of the building work –

ceases to be the owner, agent, designer or builder, as the case may be, or changes his or her name or address, he or she must notify the building surveyor and the permit authority of that change.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If, after a building permit has been granted and before the building work is complete, the responsible building surveyor resigns, refers the matter to another building surveyor or is no longer engaged by the owner, the first-mentioned building surveyor must notify the permit authority of that change.

Penalty:  Fine not exceeding 20 penalty units.

(3)  Notification must be made in writing and within the period specified.

17.    Regulation 23 substituted

Regulation 23 of the Principal Regulations is rescinded and the following regulation is substituted:

23.   Alterations and extensions to existing buildings

When carrying out an alteration or extension to an existing building that is currently occupied, a person must not diminish any features or measures relating to health, safety or disability access, that are required to be provided or maintained in accordance with section 120 of the Act.

Penalty:  Fine not exceeding 20 penalty units.

18.    Regulation 29 substituted

Regulation 29 of the Principal Regulations is rescinded and the following regulation is substituted:

29.   Starting building work

(1)  A start work notification under section 87(3) of the Act may be given orally or in writing.

(2)  If a start work authorisation is given by a building surveyor, it is to include a unique authorisation number for the work.

(3)  If a person in respect of whom a start work authorisation is given ceases to be responsible for the building work and another person becomes responsible for the work, that other person is to give notification under section 87(3) and receive authorisation from the building surveyor.

19.    Regulation 33 amended (Direction to demolish, open, cut into or test)

Regulation 33 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulations:

(1A)  A copy of the direction to uncover must be sent to the owner of the building.

(1B)  A builder must comply with a direction to uncover building work.

Penalty:  Fine not exceeding 20 penalty units.

(1C)  If a builder fails to comply with a direction to uncover building work, the building surveyor may issue a building notice under Division 2 of Part 11 of the Act.

20.    Regulation 38 substituted

Regulation 38 of the Principal Regulations is rescinded and the following regulation is substituted:

38.   Exemptions for temporary occupancy

(1)  For the purposes of section 105(b) of the Act, a temporary occupancy permit is not required for –

(a) a tent, booth or gazebo with a floor space of less than 75 square metres if –

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

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

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

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

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

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

(vii) it does not need electrical wiring; and

(viii) it is erected at least 2 metres from any other temporary structure, mobile food premises or building; or

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

(c) a tent, booth or gazebo with a maximum floor area of 20 square metres, that is erected for not more than 10 days in any one period and which –

(i) is open on at least one side when occupied; and

(ii) does not contain an ignitable fuel source; and

(iii) is located at least 2 metres from any other temporary structure, a building or mobile food premises; or

(d) a tent, booth or gazebo that complies with paragraph (c) and which is part of a group of similar temporary structures, provided that –

(i) the combined area of the group of temporary structures does not exceed 80 square metres; and

(ii) the group of temporary structures is located at least 2 metres from any other temporary structure, a building or a mobile food premises; or

(e) a tent, booth or gazebo with a maximum area of 10 square metres, which –

(i) contains an ignitable fuel source; and

(ii) is open on at least one side when occupied; and

(iii) is located at least 2 metres from any other temporary structure, a building or a mobile food premises; or

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

(i) is of a type; or

(ii) is for a purpose; or

(iii) meets other criteria –

determined by the Director.

(2)  For the purposes of subregulation (1)(d)(i) , the calculation of the total combined area of a group excludes separation distances or spacing between the temporary structures that comprise the group.

21.    Regulation 40 amended (Display of occupancy permit and temporary occupancy permit)

Regulation 40 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1) "all the pages of" after "display";

(b) by inserting in subregulation (2) "all the pages of" after "display".

22.    Regulation 42 amended (Application of Part)

Regulation 42 of the Principal Regulations is amended by omitting "8 and 9" and substituting "8, 9 and 10C".

23.    Regulation 43 amended (Interpretation)

Regulation 43 of the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of educational institution :

other prescribed features or measures of a building means a feature or measure required to be provided in, or associated with, a building in relation to –

(a) access for persons with a disability; or

(b) energy efficiency; or

(c) water efficiency; or

(d) the safety of occupants of a building in a bushfire-prone area;

(b) by omitting "measure." from paragraph (c) of the definition of prescribed essential safety and health measure and substituting "measure;";

(c) by inserting the following definition after the definition of prescribed essential safety and health measure :

prescribed features and measures means –

(a) prescribed essential safety and health features; and

(b) prescribed essential safety and health measures; and

(c) other prescribed features and measures.

24.    Regulation 44 amended (Determining appropriate prescribed features and measures)

Regulation 44 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "essential safety and health features and prescribed essential safety and health" and substituting "features and";

(b) by omitting from subregulation (2) "essential safety and health features and prescribed essential safety and health" and substituting "features and";

(c) by omitting paragraph (b) from subregulation (2) and substituting the following paragraph:

(b) regulation 46 .

(d) by omitting from subregulation (3) "essential safety and health features and prescribed essential safety and health" and substituting "features and";

(e) by omitting from subregulation (4) "essential safety and health features and prescribed essential safety and health" and substituting "features and".

25.    Regulations 45 and 46 substituted

Regulations 45 and 46 of the Principal Regulations are rescinded and the following regulations are substituted:

45.   Obligation to maintain prescribed features and measures

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

(a) an owner of the building in which the prescribed features and measures are installed;

(b) an occupier of the building, or a part of the building, in which the prescribed features and measures are installed, who has a contractual responsibility to maintain the prescribed features and measures in that building or part.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not prevent the maintenance of prescribed features or measures.

Penalty:  Fine not exceeding 20 penalty units.

46.   Standard of maintenance of prescribed features and measures

(1)  A person required to maintain the prescribed features and measures of a building under regulation 45 must ensure that they are maintained in accordance with the following provisions:

(a) if a building has been completed before 1 July 2004, the prescribed essential safety and health features of the building must be maintained so as to perform to a standard that is not less than the standard to which they were originally required to perform;

(b) if a building has been completed, or an alteration has been made to a building, after 1 July 2004, a prescribed essential safety and health feature of the building or the altered part must –

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

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

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

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

(c) if a feature referred to in paragraph (c) of the definition of "other prescribed features or measures of a building" in regulation 43 is required to be maintained by the Plumbing Regulations 2004 , that feature is to be maintained in accordance with the relevant provision of the Plumbing Regulations 2004 .

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person required to maintain a prescribed essential safety and health measure of a building under regulation 45 must –

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

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

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person required to maintain any other prescribed features or measures of a building under regulation 45 must –

(a) maintain the prescribed features or measures to a standard that is not less than the standard to which they were originally required to perform; and

(b) test or inspect the prescribed features or measures at the relevant frequency of testing or inspection specified by the Director.

Penalty:  Fine not exceeding 20 penalty units.

26.    Regulation 47 amended (Annual maintenance statement)

Regulation 47 of the Principal Regulations is amended as follows:

(a) by inserting in paragraph (b) "in a prominent place in the main public entry to that building" after "permit";

(b) by omitting paragraph (d) and substituting the following paragraph:

(d) for a building completed before 1 July 2004, displayed no later than the anniversary date ofthe display of the first annual statement.

27.    Regulation 48 substituted

Regulation 48 of the Principal Regulations is rescinded and the following Part is substituted:

PART 7A - Owner builder registration

47A.   Owner builder registration

(1)  If a person makes an application under section 30C of the Act to the Director for registration as an owner builder for particular building work, the building surveyor who has been engaged by the person is to forward copies of the following documents to the Director:

(a) an application for registration as an owner builder in an approved form;

(b) if applicable, a copy of the contract for the purchase of the land;

(c) a certificate from an approved training provider of the satisfactory completion by the applicant of a course or courses approved by the Director;

(d) if applicable, a certificate of insurance in relation to carrying out or managing the building work.

(2)  A certificate of owner builder registration under section 30D of the Act, issued to an applicant or applicants by the Director is to be –

(a) in an approved form; and

(b) provide a registration number for the particular building work; and

(c) state how many buildings the applicant or applicants are entitled to construct as a registered owner builder.

(3)  A copy of the owner builder registration certificate is to be provided to the relevant building surveyor.

(4)  If the Director refuses to register an applicant as an owner builder for particular building work, the Director is to advise the applicant and the relevant building surveyor in writing of that fact and of the applicant's right of review under section 42(3) of the Act.

47B.   Offence relating to owner builder insurance

An owner builder must not carry out or manage building work unless the owner builder is covered by insurance as required under section 48 of the Act.

Penalty:  Fine not exceeding 20 penalty units.

48.   Records of prescribed features and measures

(1)  All records that relate to the maintenance of the prescribed features and measures of a building must be kept for 10 years in a secure place away from the building by the person responsible under regulation 45(1) for the maintenance of the prescribed features or measures.

Penalty:  Fine not exceeding 20 penalty units.

(2)  The location and type of each prescribed essential safety and health feature and each prescribed essential safety and health measure is to be included in the record kept under subregulation (1) .

(3)  A copy of the records required under subregulation (1) must be kept on site by the person responsible under regulation 45(1) for the maintenance of the prescribed features or measures.

Penalty:  Fine not exceeding 20 penalty units.

(4)  An authorised person, by giving the specified notice, may request access to the records referred to in subregulation (1) or (3) .

28.    Schedule 4 substituted

Schedule 4 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 4 - Infringement notice offences

Regulation 35

	Provision of Act or regulations	Description of offence	Penalty	units
			Natural persons	Body corporate
1.	Section 23A(1)	Carry out, manage or enter contract for building work without accreditation	2	10
2.	Section 23B	Purporting to be an accredited building practitioner while not accredited	2	10
3.	Section 23C	Person carrying out work of building surveyor or building surveyor limited without required accreditation	2	10
4.	Section 23D(1)	Practitioner purporting to be accredited in a particular category or class	2	10
5.	Section 23D(2)	Providing assistance for a person to purport to be accredited	2	10
6.	Section 23E	Practitioner using another practitioner's accreditation	2	10
7.	Section 23F(1)	Practitioners lending or allowing use of their accreditation	2	10
8.	Section 23G(1)	Non-accredited persons using practitioner accreditation	2	10
9.	Section 30A(2)	Owner builder failing to apply for registration	2	10
10.	Section 30C(2)	Making a false declaration in owner builder application	2	10
11.	Section 36(4)	Failure to comply with a notice to produce documents relevant to an investigation	2	10
12.	Section 39(2)	Offences in relation to an investigation	2	10
13.	Section 40(6)	Failure to comply with order of the Director	2	10
14.	Section 45(3)	Failure to comply with an Appeal Tribunal notice	1.5	5
15.	Section 50(1)	Carrying out building work without the required insurance cover	2	10
16.	Section 50(3)	Falsely claiming to hold required insurance cover	2	10
17.	Section 50A(2)	Failure to assist or cooperate with an audit	2	10
18.	Section 50B(3)	Delay, obstruction or failure to produce records or answer questions relating to an audit or investigation	2	10
19.	Section 50C(3)	Refusal or a failure to produce any record or statement	2	10
20.	Section 51(1)	Building surveyor failing to exercise powers and functions	2	10
21.	Section 51(2)	Exercise of powers by a building surveyor limited when not permitted to do so	2	10
22.	Section 52	Exercising powers of building surveyor in relation to work in which the building surveyor has an interest	2	10
23.	Section 52A	Owner or agent failing to engage a building surveyor	2	10
24.	Section 53	Engaging another building surveyor without referral by the original surveyor	2	10
25.	Section 54	Removing a building surveyor from engagement without consent of the Director	2	10
26.	Section 60(1)	Carrying out building work without the required building permit	2	10
27.	Section 69(2)	Making application as agent of an owner without written authorisation	1	1.5
28.	Section 74(1)	Failure to comply with a condition of a building permit	2	10
29.	Section 85(1)	Failure to carry out building work in accordance with the Act or building permit	2	10
30.	Section 85(4)	Failure to provide owner with copy of consent of building surveyor to a variation of the building permit	2	10
31.	Section 87(3)	Starting building work without notifying building surveyor or receiving building surveyor's authorisation	1.5	5
32.	Section 87(7)	Building surveyor failing to confirm name of builder and that work is to comply with Building Regulations	1	1.5
33.	Section 87(8)	Building surveyor failing to confirm oral authorisation in writing	1	1.5
34.	Section 88(1)	Failure to notify building surveyor before completion of mandatory notification stage	1.5	5
35.	Section 93(1)	Occupying a building as set out without relevant occupancy permit	2	10
36.	Section 93(2)	Failure to obtain a new occupancy permit after refurbishment	1.5	1.5
37.	Section 93(3)	Failure to obtain a new occupancy permit after change in building use	1.5	1.5
38.	Section 94(3)	Making application as agent of owner without written authorisation	1	1.5
39.	Section 100(4)	Failure to display occupancy permit as required	1	1.5
40.	Section 102	Failure to notify permit authority of issue of occupancy permit and to provide a copy of permit	1	1.5
41.	Section 103	Occupying building in contravention of occupancy permit	2	10
42.	Section 105	Occupying existing building or temporary structure without required permit	2	10
43.	Section 106(2)	Making application as agent of owner without written authorisation	1	1.5
44.	Section 115A(1)	Making change to existing building boundary so that building no longer complies with Act	2	10
45.	Section 115A(2)	Failing to obtain building permit and carry out building work in case of specified change to allotment or boundary	1	5
46.	Section 116	Inhabiting, as set out, a building that is not built as a dwelling	1.5	1.5
47.	Section 117(2)	Changing the use of a building without complying with the Act	2	10
48.	Section 117(3)	Failure to obtain a building permit or new occupancy permit for a change of use	2	10
49.	Section 118	Restricting the use of unoccupied land without the consent of the general manager	1.5	1.5
50.	Section 120(1)	Failure to maintain prescribed features or measures	2	10
51.	Section 120(2)	Failure of owner or occupier to display an annual statement in accordance with these regulations	1	1.5
52.	Section 121(1)	Failure to notify adjoining owner and the building surveyor of proposed building or protection work	1.5	5
53.	Section 127	Carrying out building work without protection work as agreed or determined	2	10
54.	Section 129(2)	Failure to comply with an emergency protection work notice	2	10
55.	Section 130	Failure to carry out protection work in accordance with the Act	2	10
56.	Section 131(1)	Failure to enter into required contract of insurance for protection work	2	10
57.	Section 133(2)	Failure to provide notice of intention to enter adjoining property for the purpose of carrying out protection work	1	1.5
58.	Section 134	Refusing admission to a person in accordance with a notice or agreement to carry out survey or protection work, or hindering the person in that work	1.5	5
59.	Section 135(1)	Failure to provide, as required, a complete set of documents showing the protection work carried out	1	1.5
60.	Section 141(1)	Failure to provide required notice to an adjoining owner or occupier	2	10
61.	Section 142(2)	Failure of an owner to comply with a notice from adjoining owner	2	10
62.	Section 150(1)	Erecting, altering or adding to a building in an A landslip area without the Minister's permission	2	2
63.	Section 151(1)	Failure to comply with these regulations when erecting, altering or adding to a building in a B landslip area	2	2
64.	Section 151(2)	Storing certain substances in a B landslip area	2	2
65.	Section 152(1)	Aggravating an existing landslip condition while erecting, altering or adding to a building in a landslip area	2	2
66.	Section 152(2)	Performing a certain activity in a landslip area except in accordance with these regulations	2	2
67.	Section 155	Erecting a building between the building line and the boundary of a road	2	2
68.	Section 157(1)	Carrying out building work on certain land before cleaning or remedying as required	1.5	1.5
69.	Section 157(2)	Carrying out building work on land when the land is not capable of being drained as required	1.5	1.5
70.	Section 158	Erecting or placing certain buildings without effluent or waste water systems as required	1.5	1.5
71.	Section 159	Erecting or placing habitable rooms less than 300mm above designated flood level	1.5	1.5
72.	Section 160(1)	Carrying out building work over, or within one metre of, an existing drain unless authorised	1.5	1.5
73.	Section 161	Carrying out building work over or within a service easement unless authorised	1.5	1.5
74.	Section 162(4)	Failure to comply with an emergency order	2	10
75.	Section 170(7)	Failure to comply with a building order	2	10
76.	Section 174	Failure to provide a copy of a building order to the relevant permit authority as required	1	1.5
77.	Section 182(1)	Failure of owner to comply with a condition of a permit to proceed	2	10
78.	Section 184(5)	Failure of owner to comply with a condition of a certificate of substantial compliance	2	10
79.	Section 190(1)	Failure to comply with a condition of a permit of substantial compliance	2	10
80.	Section 199(1)	Failure to notify completion of work carried out under certain orders	1	1.5
81.	Section 201(2)	Failure to carry out building work in accordance with these regulations unless otherwise directed	2	10
82.	Section 222(3)	Failure to comply with requirement to attend a hearing or produce document	1	1
83.	Section 222(5)	Refusing to answer a question	1	1
84.	Section 240	Providing or omitting information, &c., under the Act knowing it to be false or misleading	2	10
85.	Section 241	Committing an offence against an authorised person	2	2
86.	Section 260(2)	Failure of authorised person to produce evidence of identity and delegation on request	1	1
87.	Section 268	Installing an appliance which burns oil or solid fuel in contravention of these regulations or the Building Code of Australia	1	2
88.	Section 270(5)	Failing to notify permit authority where cost of building work exceeds estimate or contract price as specified	2	10
89.	Section 270(7)	Failure of owner to pay equivalent of additional building levy where cost of work exceeds estimate or contract price	2	10
90.	Section 270A	Starting work before payment of building levy	2	10
91.	Regulation 11	Failure to locate building work in compliance with the building permit	1	2
92.	Regulation 20(3)	Failure to provide copy of approved plans on site while building work is being carried out	1 and 0.5 per day for an individual	2 and 0.5 per day for a body corporate
93.	Regulation 22(2)	Failure to notify change of details as required	1	2
94.	Regulation 23	Diminishing certain characteristics of a building when altering or extending	1	2
95.	Regulation 25	Failure to prevent a public health risk or nuisance in the course of building work	1 and 0.5 per day	2
96.	Regulation 26(1)	Failure to provide and maintain a guard in respect of an excavation or void	1 and 0.5 per day	2
97.	Regulation 27	Failure to comply with the requirements of these regulations before demolishing or removing a building	1	2
98.	Regulation 27A(1)	Demolishing or removing a building without –	1	2
		(a) taking all reasonably practicable steps to identify the presence of asbestos in the building; and
		(b) complying with Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998
99.	Regulation 27A(2)	Removing a building without removing all asbestos in accordance with Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998	1	2
100.	Regulation 28	Failure to comply with these regulations while demolishing or removing a building	1	2
101.	Regulation 32	Covering up or proceeding with building work before the required time	1	2
102.	Regulation 33(1B)	Failure to comply with direction to uncover building work	1	2
103.	Regulation 33(3)	Undertake, or permit, any further building work which would make compliance with direction to uncover building work more difficult or impossible	5 and 0.5 per day	20 and 5 per day
104.	Regulation 34(3)	Undertake or permit further work to make compliance with an inspection direction more difficult or impossible	5 and 0.5 per day	20 and 5 per day
105.	Regulation 40(1)	Failure to display occupancy permit	1	2
106.	Regulation 40(2)	Failure to display temporary occupancy permit	1	2
107.	Regulation 41(2)	Failure to ensure number of people using building is within permissible limit	1	2
108.	Regulation 41(3)	Failure to ensure number of people occupying building is within occupancy limit	1	2
109.	Regulation 45(1)	Failure to maintain prescribed features and measures as required	1	2
110.	Regulation 45(2)	Preventing maintenance of prescribed features and measures	1	2
111.	Regulation 46(1)	Failure to maintain prescribed features and measures as required	1	2
112.	Regulation 46(2)	Failure to maintain, test or inspect prescribed essential safety and health measure as required	1	2
113.	Regulation 46(3)	Failure to maintain, test or inspect prescribed features and measures as required	1	2
114.	Regulation 47B	Carrying out owner builder work without required insurance cover	1	2
115.	Regulation 48(1)	Failure to keep records in a secure place away from the building	1	2
116.	Regulation 48(3)	Failure to keep a copy of records on site	1	2
117.	Regulation 50(1)	Failure to notify of the intention to install of an appliance which burns oil or solid fuel	1	2
118.	Regulation 50(2)	Failure to notify as required that the appliance which burns oil or solid fuel was installed in accordance with the Building Code of Australia	1	2

29.    Schedule 5 amended (Fees)

Schedule 5 to the Principal Regulations is amended as follows:

(a) by omitting item 2 from Part 1 ;

(b) by omitting item 8 from Part 1 and substituting the following:

8.	Application for modification of the Tasmanian Plumbing Code or the Building Code of Australia under section 218	100	200	300
9.	Application for modification of regulations relating to access for persons with disabilities under section 218 A	N/A	200	300

(c) by omitting Part 2 and substituting the following Parts:

PART 2

	Type of Appeal	Fee units
1.	Appeals relating to practitioner accreditation , practitioner conduct or owner builder registration under sections 26 , 30D, 32 and 40	200

PART 3

	Provision of legislation under which appeal or application is made		Fee units
		Class of	building and	floor area
		Class 1 and 10	Class 2-9 Floor area less than 500m2	Class 2-9 Floor area equal to or greater than 500m2
1.	Appeal under section 56TE of Water and Sewerage Industry Act 2008 against –
	(a) failure of regulated entity to determine application within specified period	100	150	200
	(b) refusal of regulated entity to issue certificate sought	100	150	200
	(c) conditions on certificate granted by regulated entity	100	150	200
2.	Appeal under Drains Act 1954 in relation to –
	(a) erection of building over drain under section 39	100	150	200
	(b) drainage of building under section 50	100	150	200
	(c) entry onto land by council to perform works under section 51A	100	150	200
3.	Appeal under section 144 of Strata Titles Act 1998 in relation to decision by council on application for approval relating to building work	100	150	200

30.    Schedule 6 amended (Transitional and Savings Provisions)

Schedule 6 to the Principal Regulations is amended as follows:

(a) by omitting from clause 1 " section 23(1) " and substituting "section 23A";

(b) by inserting the following clause after clause 2 :

2A.   Provision relating to expiry of certain permits not to apply

The amendment of section 112 of the Act by the Building Amendment Act 2012 does not apply in relation to a building permit, permit of substantial compliance or a permit to proceed, that was issued before the commencement of that Act.

(c) by inserting the following clause after clause 4 :

5.   Determination of complaint lodged before commencement of Building Amendment Act 2012

If, immediately before the commencement of all the provisions of the Building Amendment Act 2012 , a complaint has been lodged with the Director and not determined, that complaint and any subsequent appeal is to be determined as if that Act had not commenced.

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

Notified in the Gazette on 28 November 2012

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) clarifying the types of work that are prescribed as building work; and

(b) extending the types of buildings or building work exempted from a building permit; and

(c) consolidating the types of temporary structures exempted from a temporary occupancy permit; and

(d) substituting the Schedule relating to infringement notice offences; and

(e) making miscellaneous minor amendments of an administrative nature.