Glossary

GLOSSARY

Hendry provides clients this glossary of terms for each state and territory building control system covering aspects of building acts, building regulations and essential safety measures legislation

Building Act 2004 and Building (General) Regulation 2008

The Building Act 2004 and Building (General) Regulations 2008 provide the objectives and operational framework for building construction and control in ACT.

The following lists terms used in the legislation, with a glossary / definition of each term as it relates to building construction and control.

 

ActewAGL Distributionfor schedule 2 (Referral of building approval applications)-see schedule 2, section 2.1
Actuaryan approved scheme, for part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Alteration
  • demolition of part of the building
  • an addition to the building
Approval Criteriafor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Approval Requirementfor plans-see section 29
Approved Plans
  • means plans that relate to building work for which a building approval is in effect
  • includes amended plans
Approved Schemefor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
AS1100Australian Standard 1100 (which is about technical drawing) as in force from time to time, and includes AS/NZS 1100.501
AS1742for schedule 1 (Exempt buildings and building works)- see schedule 1, section 1.1
AS/NZS3845for schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Asbestossee the Dangerous Substances Act 2004, section 47A
Asbestos Removal Codea code of practice for the safe removal of asbestos approved by the Minister under the Act, section 139B
Asbestos Advicesee the Dangerous Substances Act 2004, section 47J
Asbestos Assessment Reportsee the Dangerous Substances Act 2004, section 47K
Asbestos Codethe codes of practice that are approved under section 139B
Asbestos Removal Control Plana plan, complying with the asbestos code, that provides for the management of any asbestos disturbance resulting from the building work
Authorised Insurera body corporate authorised to carry on insurance business under the Insurance Act 1973 (Cwlth), section 12
Basic Building Worksee section 10
Bonded Asbestosasbestos in a form where the asbestos fibres are held within another material (for example, cement) but does not include friable asbestos. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the
provision in which it appears (see Legislation Act, s 126 and s 132)
Builderfor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Builders Licencea licence issued under the Construction Occupation (Licensing) Act 2004 in the construction occupation of builder
Building
  • for Act-see section 7
  • for part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Building Actionor part 9 (Limitation of liability)-see section 140
Building Approvala building approval under part 3
Building Codesee section 136 (1)
Building Inspectora person appointed under section 128
Building Surveyorsee the Constructions Occupations (Licensing) Act 2004, section 9
Building Work
  • for Act-see section 6
  • for part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Certificate of Occupancya certificate under section 69
Certificate of Regularisationsee section 75 (1)
Certifier
  • for building work-means an entity appointed to act as certifier under section 19 (Appointment of certifiers-work not begun), section 19A (Appointment of certifiers-work begun) or government certifier under section 20 (Appointment of government
    certifiers) for the work
  • for division 3.2 (Certifiers and government certifiers)-see section 17
Classthat class of building under the building code
Complying Residential Building Work Insurancefor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Completion Dayfor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Costfor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 86
Decision Makerfor a reviewable decision, for part 9A (Notification and review of decisions)-see section 142A
Defect Tolerancefor schedule 3 (Fundamentally noncompliant building work)-see schedule 3, section 3.1
Demountable Poolfor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Developmentsee the Planning and Development Act 2007, section 7
Development Approvaldevelopment approval under the Planning and Development Act 2007, chapter 7
Disturbsfriable asbestos-see section 10B
Dwellinga class 1 or class 2 building
Easementfor part 4 (Stop and demolition notices)-see section 52
Eligible Entryfor division 3.2 (Certifiers and government certifiers)-see section 17
Enclosed Outbuildingfor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Energy Efficiency Certificatesee section 139C (1)
Exempt Buildingsee section 12
Exempt Building Codefor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Exemption Assessmentsee section 14
Exemption Assessment B Noticesee section 14B
Exemption Assessment D Noticesee the Planning and Development Act 2007, section 138D
Fidelity Certificatefor building work, for part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Fidelity Fund Schemefor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Friable Asbestosmeans asbestos, whether or not contained in other material that

  • is crumbly, dusty or powdery; or
  • when dry, can be crumbled, pulverised or reduced to powder by hand pressure.

NOTE: An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Government Certifierfor division 3.2 (Certifiers and government certifiers)-see section 17
Handlingasbestos-to remove any doubt, handling asbestos (including friable asbestos) includes disturbing the asbestos
Heating Appliancefor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Informationincludes documents
Land
  • a place under, on or above the ground
  • a place in relation to which a permit has been granted under the Roads and Public Places Act 1937
  • land, a building or a structure, the use of which is authorised by a licence under the Planning and Development Act 2007, part 9.11 (Licences for unleased land)
Large Buildingfor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Leasesee the Planning and Development Act 2007, section 235
Licensed Construction Practitioneran entity licensed under the Construction Occupations (Licensing) Act 2004
Licence Numbersee the Construction Occupations (Licensing) Act 2004, section 23 (1) (c)
Loadincludes superimposed load
Nominal Heightfor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Occupation Classsee the Construction Occupations (Licensing) Act 2004, dictionary
Outbuildingfor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Owner
  • if the land is held under a lease from the Commonwealth for a term of years-the lessee
  • if the land is subdivided under the Unit Titles Act 2001: – if building work has been, is being or is to be carried out on the land for the owners corporation-the owners corporation – if building work has been, is being or is to be carried out
    on the land for the proprietor of a unit-the proprietor – in any other case-the owners corporation
  • if the land is occupied under a tenancy from the Territory or the Commonwealth-the occupier
  • if the land is subject to a permit under the Roads and Public Places Act 1937-the permit-holder
  • if the land is subject to a licence under the Planning and Development Act 2007, part 9.11 (Licences for unleased land)-the licensee
  • if the Territory carries out or proposes to carry out building work on the land-the Territory
  • if the Commonwealth carries out or proposes to carry out building work on the land-the Commonwealth.

Owner-builder means an entity licensed under the Construction Occupations (Licensing) Act 2004 in the occupation class of owner-builder

Premisesincludes land or a structure and any part of an area of land or a structure
Prescribed Requirementsfor division 5.1 (Certificates of occupancy and other certificates)-see section 66
Proposed Building Workfor division 3.2 (Building approvals)-see section 9
Proposed Easementfor schedule 2 (Referral of building approval applications)-see schedule 2, section 2.1
Prudential Standardsfor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Recognised Standarda document declared to be a recognised standard under section 139A (1)
Removal
  • means the removal of the building from a place for re-erection, with or without further alteration, at another place
  • includes the demolition of part of the building removed or proposed to be remove
Residential Buildingfor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Residential Building Workfor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Reviewable Decisionfor part 9A (Notification and review of decisions)-see section 142A
Site Worksee section 7A
Small Open Buildingfor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Solar Water Heaterfor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Special Actuaryfor part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-see section 84
Specialist Building Worksee section 9
Stageof building work, means a stage prescribed under section 43 (1) (a)
Stop Noticesee section 53 (2)
Storey
  • means a floor level within a building that – is between 2 other floor levels – has a floor level above or below it
  • does not include a mezzanine level or a space that contains only 1 or more of the following: – a lift shaft, stairway, meter room – a bathroom, shower room, laundry, toilet or other sanitary compartment – accommodation intended for up to 3 vehicles
  • for part 6 (Residential buildings-statutory warranties, insurance and fidelity certificates)-does not include a storey below the ground storey (see section 84)
Structuresee section 8
Suppliedfor schedule 2 (Referral of building approval applications)-see schedule 2, section 2.1
Swimming Poolfor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Temporary Buildingfor schedule 1 (Exempt buildings and building works)-see schedule 1, section 1.1
Tolerance Guidefor schedule 3 (Fundamentally noncompliant building work)-see schedule 3, section 3.1
Utility Infrastructure Accessfor schedule 2 (Referral of building approval applications)-see schedule 2, section 2.1
Wast Management Planin relation to building work that involves the demolition or alteration of a building, means information that includes-

  • the extent of work to be undertaken
  • the nature and amount of waste that will be generated
  • the place to which each kind of waste will be taken by the builder, or the builder’s agent, for reuse, recycling or disposal
  • any other information prescribed under the regulations

EPAA and EPAR: Glossary of Definitions

The Environmental Planning and Assessment Act 1979 (EPAA) and Environmental Planning and Assessment Regulation 2000 (EPAR) provide the objectives and operational framework for building construction and statutory control in New South Wales.

The following lists most definitions used in EPAA and EPAR, with a glossary/definition of each as it relates to building construction and statutory control.

 

Environmental Planning and Assessment Act 1979 (EPAA)

Accredited Certifiermatters of a particular kind, means the holder of a certificate of accreditation as an accredited certifier under the Building Professionals Act 2005 in relation to those matters
Advertised Developmentdevelopment, other than designated development, that is identified as advertised development by the regulations, an environmental planning instrument or a development control plan. Advertised development includes any development for the purposes
of a scheduled activity at any premises under the Protection of the Environment Operations Act 1997 that is not designated development.
Advertisementa sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water
Advertising Structurea structure used or to be used principally for the display of an advertisement
Affordable Housinghousing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument
Alignmentthe boundary line between any public place and any land abutting that place
Areahas the same meaning as it has in the Local Government Act 1993
Associated Structurethe same meaning as in the Local Government Act 1993
Brothela brothel within the meaning of the Restricted Premises Act 1943 , other than premises used or likely to be used for the purposes of prostitution by no more than one prostitute
Buildingincludes part of a building, and also includes any structure or part of a structure (including any temporary structure or part of a temporary structure), but does not include a manufactured home, moveable dwelling or associated structure or part
of a manufactured home, moveable dwelling or associated structure
Building Code of Australiathe document, published by or on behalf of the Australian Building Codes Board, that is prescribed for purposes of this definition by the regulations, together with: – such amendments made by the Board – such variations approved by the Board in
relation to NSW as are prescribed by the regulations
Building Professionals Boardthe Building Professionals Board constituted under the Building Professionals Act 2005
Building Workany physical activity involved in the erection of a building
Bushfire Prone Landin relation to an area, means land recorded for the time being as bush fire prone land on a bush fire prone land map for the area
Bushfire Prone Land Mapfor an area means a map for the area certified as referred to in section 146 (2)
Certifying Authoritya person who: – is authorised by or under section 85A to issue complying development certificates – is authorised by or under section 109D to issue Part 4A certificates
Change of Building Usea change of use of a building from a use that the Building Code of Australia recognises as appropriate to one class of building to a use that the Building Code of Australia recognises as appropriate to a different class of building
Compliance Certificatea certificate referred to in section 109C (1) (a)
Complying Developmentis development for which provision is made as referred to in section 76A (5)
Complying Development Certificatea complying development certificate referred to in section 85
Consent Authorityin relation to a development application or an application for a complying development certificate, means:

  • the council having the function to determine the application
  • if a provision of this Act, the regulations or an environmental planning instrument specifies a Minister, the Planning Assessment Commission, a joint regional planning panel or public authority (other than a council) as having the function to
    determine the application-that Minister, Commission, panel or authority, as the case may be
Construction Certificatea certificate referred to in section 109C (1) (b)
Corporationthe corporation constituted by section 8 (1)
Councilhas the same meaning as it has in the Local Government Act 1993
Courtthe Land and Environment Court
Critical Habitathas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Critical Stage Inspectionsthe inspections prescribed by the regulations for the purposes of section 109E (3) (d)
Crown Landhas the same meaning as in the Crown Lands Act 1989
Departmentthe Department of Planning
Designated Developmenthas the meaning given by section 77A
Development
  • the use of land
  • the subdivision of land
  • the erection of a building
  • the carrying out of a work
  • the demolition of a building or work
  • any other act, matter or thing referred to in section 26 that is controlled by an environmental planning instrument, but does not include any development of a class or description prescribed by the regulations for the purposes of this definition
Development Applicationan application for consent under Part 4 to carry out development but does not include an application for a complying development certificate
Development Arealand constituted as a development area in accordance with Division 1 of Part 7
Development Consentconsent under Part 4 to carry out development and includes, unless expressly excluded, a complying development certificate
Development Control Plan (DCP)a development control plan made, or taken to have been made, under Division 6 of Part 3 and in force
Development Standardsprovisions of an environmental planning instrument or the regulations in relation to the carrying out of development, being provisions by or under which requirements are specified or standards are fixed in respect of any aspect of that development,
including, but without limiting the generality of the foregoing, requirements or standards in respect of:

  • the area, shape or frontage of any land, the dimensions of any land, buildings or works, or the distance of any land, building or work from any specified point
  • the proportion or percentage of the area of a site which a building or work may occupy
  • the character, location, siting, bulk, scale, shape, size, height, density, design or external appearance of a building or work
  • the cubic content or floor space of a building
  • the intensity or density of the use of any land, building or work
  • the provision of public access, open space, landscaped space, tree planting or other treatment for the conservation, protection or enhancement of the environment
  • the provision of facilities for the standing, movement, parking, servicing, manoeuvring, loading or unloading of vehicles
  • the volume, nature and type of traffic generated by the development
  • road patterns
  • drainage
  • the carrying out of earthworks
  • the effects of development on patterns of wind, sunlight, daylight or shadows
  • the provision of services, facilities and amenities demanded by development
  • the emission of pollution and means for its prevention or control or mitigation
  • such other matters as may be prescribed
Director Generalthe Director-General of the Department
Ecological Communityhas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Ecologically Sustainable Developmenthas the same meaning it has in section 6 (2) of the Protection of the Environment Administration Act 1991
Endangered Ecological Communityan endangered ecological community within the meaning of the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Endangered Populationan endangered population within the meaning of the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Endangered Speciesan endangered species within the meaning of the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Environmentincludes all aspects of the surroundings of humans, whether affecting any human as an individual or in his or her social groupings
Environmental Planning Instrumentan environmental planning instrument (including a SEPP or LEP but not including a DCP) made, or taken to have been made, under Part 3 and in force
Exempt Developmentdevelopment for which provision is made as referred to in section 76 (2)
Functionsincludes powers, authorities and duties
Habitathas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Independent Hearing and Assessment Panela panel constituted under section 23I
Land
  • the sea or an arm of the sea
  • a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal
  • a river, stream or watercourse, whether tidal or non-tidal
  • a building erected on the land
Local Environmental Plan (LEP)see section 24 (2)
Manufactured Homehas the same meaning as in the Local Government Act 1993
Moveable Dwellinghas the same meaning as in the Local Government Act 1993
Objectora person who has made a submission under section 79 (5) by way of objection to a development application for consent to carry out designated development
Occupation Certificatea certificate referred to in section 109C (1) (c)
Occupierincludes a tenant or other lawful occupant of premises, not being the owner
Officer of the Departmentan officer or employee of the Department, and includes the Director-General
Ownerhas the same meaning as in the Local Government Act 1993 and includes, in Division 2A of Part 6, in relation to a building, the owner of the building or the owner of the land on which the building is erected
Owner – Builderhas the same meaning as in the Home Building Act 1989
Part 4A Certificatea certificate referred to in section 109C (1) (a), (b), (c) or (d)
Personincludes an unincorporated group of persons or a person authorised to represent that group
Place of Shared Accommodationincludes a boarding house, a common lodging house, a house let in lodgings and a backpackers hostel
Planning Assessment Commissionthe Planning Assessment Commission constituted under section 23B
Planning Assessment Panela panel listed in Schedule 5B
Populationhas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Premises
  • a building of any description or any part of it and the appurtenances to it
  • a manufactured home, moveable dwelling and associated structure
  • land, whether built on or not
  • a tent
  • a swimming pool
  • a ship or vessel of any description (including a houseboat)
Principal Certifying Authoritya principal certifying authority appointed under section 109E
Principal Contractorthe person responsible for the overall co-ordination and control of the carrying out of the building work. Note: If any residential building work is involved, the principal contractor must be the holder of a contractor licence under the Home Building
Act 1989
Prohibited Development
  • development the carrying out of which is prohibited on land by the provisions of an environmental planning instrument that apply to the land
  • development that cannot be carried out on land with or without development consent
Provision of Fire Safety
  • the safety of persons in the event of fire
  • the prevention of fire
  • the detection of fire
  • the suppression of fire
  • the prevention of the spread of fire
Public Authority
  • a public or local authority constituted by or under an Act
  • a government Department
  • a statutory body representing the Crown
  • a chief executive officer within the meaning of the Public Sector Employment and Management Act 2002 (including the Director-General)
  • a statutory State owned corporation (and its subsidiaries) within the meaning of the State Owned Corporations Act 1989
  • a chief executive officer of a corporation or subsidiary referred to in paragraph
  • a person prescribed by the regulations for the purposes of this definition
Public Placehas the same meaning as in the Local Government Act 1993
Public Reservehas the same meaning as in the Local Government Act 1993
Recovery Planhas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Regionany land that the Minister, under subsection (6), declares to be a region, except as provided by subsection (6A)
Regulationa regulation made under this Act
Relevant Planning Authority
  • in relation to environmental planning instruments-see section 54
  • in relation to development control plans-see section 74B
Residential Building Workhas the same meaning as in the Home Building Act 1989
Specieshas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Species Impact Statementhas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Stay Environmental Planning Policy (SEPP)see section 24 (2)
Subdivision Certificatea certificate referred to in section 109C (1) (d)
Subdivision of Landhas the meaning given by section 4B
Subdivision Workany physical activity authorised to be carried out under the conditions of a development consent for the subdivision of land, as referred to in section 81A (3)
Temporary Structureincludes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure
Threat Abatement Planhas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Threatened Specieshas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Threatened Species, Populations and Ecological Communitieshas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994 , except as provided by section 5D. Note: Section 5D excludes vulnerable ecological communities from
this expression
Threatening Processhas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994
Vulnerable Ecological Communityhas the same meaning as in the Threatened Species Conservation Act 1995
Vulnerable Specieshas the same meaning as in the Threatened Species Conservation Act 1995 or (subject to section 5C) Part 7A of the Fisheries Management Act 1994

Environmental Planning and Assessment Regulation 2000

Accredited Body Corporatethe same meaning as in the Building Professionals Act 2005
Alternative Solutionthe same meaning as in the Building Code of Australia
Approval Bodythe same meaning as in section 90A of the Act
Assessment Methodthe same meaning as in the Building Code of Australia
Australian Rail Track Corporation Ltdthe Australian Rail Track Corporation Ltd (ACN 081 455 754)
BASIX Affected Buildingany building that contains one or more dwellings, but does not include a hotel or motel
BASIX Affected Developmentany of the following development that is not BASIX excluded development:

  • development that involves the erection (but not the relocation) of a BASIX affected building
  • development that involves a change of building use by which a building becomes a BASIX affected building
  • development that involves the alteration, enlargement or extension of a BASIX affected building, where the estimated construction cost of the development is: – $100,000 or more-in the case of development for which a development application
    or an application for a complying development certificate is made on or after 1 October 2006 and before 1 July 2007 – $50,000 or more-in the case of development for which a development application or an application for a complying development
    certificate is made on or after 1 July 2007
  • development for the purpose of a swimming pool or spa, or combination of swimming pools and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of 40,000 litres or more.
BASIX Certificatea certificate issued by the Director-General under clause 164A
BASIX Excluded Developmentany of the following development:

  • development for the purpose of a garage, storeroom, car port, gazebo, verandah or awning
  • alterations, enlargements or extensions to a building listed on the State Heritage Register under the Heritage Act 1977
  • alterations, enlargements or extensions that result in a space that cannot be fully enclosed (for example, a verandah that is open or enclosed by screens, mesh or other materials that permit the free and uncontrolled flow of air), other than
    a space can be fully enclosed but for a vent needed for the safe operation of a gas appliance
  • alterations, enlargements or extensions that the Director-General has declared, by order published in the Gazette, to be BASIX excluded development
BASIX Optional Developmentany of the following development that is not BASIX excluded development:

  • development that involves the alteration, enlargement or extension of a BASIX affected building, where the estimate of the construction cost of the development is: – less than $100,000-in the case of development for which a development application
    or an application for a complying development certificate is made on or after 1 October 2006 and before 1 July 2007 – less than $50,000-in the case of development for which a development application or an application for a complying development
    certificate is made on or after 1 July 2007
  • development for the purpose of a swimming pool or spa, or combination of swimming pools and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of less than 40,000 litres
Building Premisesthe building and the land on which it is situated
Capital Investment Valuea development or project includes all costs necessary to establish and operate the project, including the design and construction of buildings, structures, associated infrastructure and fixed or mobile plant and equipment, other than the following
costs:

  • amounts payable, or the cost of land dedicated or any other benefit provided, under a condition imposed under Division 6 or 6A of Part 4 of the Act or a planning agreement under that Division
  • costs relating to any part of the development or project that is the subject of a separate development consent or project approval
  • land costs (including any costs of marketing and selling land)
  • GST (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth)
Category 1 Fire Safety Provisione following provisions of the Building Code of Australia , namely, EP1.3, EP1.4, EP1.6, EP2.1, EP2.2 and EP3.2 in Volume One of that Code and P2.3.2 in Volume Two of that Code
Category 2 Fire Safety Provisionthe following provisions of the Building Code of Australia , namely, CP9, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code
Category 3 Fire Safety Provisionthe following provisions of the Building Code of Australia , namely, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code
Class
  • in a provision of this Regulation that imposes requirements with respect to a development consent, the class to which the building belongs, as identified by that consent
  • in any other provision of this Regulation, the class to which the building or part of a building belongs, as ascertained in accordance with the Building Code of Australia
Class 1 Aquaculture Developmentdevelopment of the kind referred to in clause 5 (1) (d)
Coastal Councila council whose area, or part of whose area, is included within the coastal zone (within the meaning of the Coastal Protection Act 1979 ) or whose area includes land that adjoins the tidal waters of the Hawkesbury River, Sydney Harbour and Botany
Bay, and their tributaries
Concurrency Authoritya person whose concurrence is, by the Act or an environmental planning instrument, required by the consent authority before determining a development application
Contributions Plana contributions plan referred to in section 94EA of the Act
Deemed-to-satisfy Provisionshas the same meaning as in the Building Code of Australia
Dwellinga room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile
Entertainment Venuea building used as a cinema, theatre or concert hall or an indoor sports stadium
Environmental Impact Statementan environmental impact statement referred to in section 78A or 112 of the Act
Existing Use Righta right conferred by Division 10 of Part 4 of the Act
Exitthe same meaning as in the Building Code of Australia
Fire Alarm Communication Linkpart of a fire alarm system which relays a fire alarm signal from the system to an alarm monitoring network
Fire CommissionerCommissioner of New South Wales Fire Brigades
Fire Compartmentthe same meaning as in the Building Code of Australia
Fire Link Conversionthe conversion of a fire alarm communication link from connection with the fire alarm monitoring network operated by the New South Wales Fire Brigades to connection with an alarm monitoring network operated by a private service provider
Fire Link Conversion Schedulea conversion schedule referred to in clause 168A (2) (a)
Fire Protection and Structural Capacity
  • the structural strength and load-bearing capacity of the building
  • the measures to protect persons using the building, and to facilitate their egress from the building, in the event of fire
  • the measures to restrict the spread of fire from the building to other buildings nearby
Fire Safety Engineera person holding Category C10 accreditation under the Building Professionals Act 2005
Fire Safety Requirement
  • a fire safety system, as defined in the Building Code of Australia, and components of a fire safety system
  • the safety of persons in the event of fire
  • the prevention, detection or suppression of fire
Fire Safety Schedulea schedule referred to in clause 168 (1), 168A (2) (b) or 182 (2)
Local Newspapera newspaper circulating throughout the relevant area at intervals of not more than 2 weeks
Nominated Integrated Developmentdevelopment of the kind referred to in clause 5 (1) (b)
Other Advertised Developmentdevelopment of the kind referred to in clause 5 (2)
Performance Requirementthe same meaning as in the Building Code of Australia
Planning Agreementan agreement referred to in section 93F of the Act
Private Service Providera person or body that has entered into an agreement with the New South Wales Fire Brigades to monitor fire alarm systems
Qualified Designera person registered as an architect in accordance with the Architects Act 2003 . NOTE: A building designer may be able to be registered as an architect in accordance with the Architects Act 2003 even though the person may have no formal qualifications
in architecture.
Regional Panela joint regional planning panel
Relevant BASIX Certificate
  • in the case of development the subject of development consent: – a BASIX certificate that is applicable to the development when development consent is granted or (in the case of development consent modified under section 96 of the Act) modified
    – if a replacement BASIX certificate accompanies any subsequent application for a construction certificate, the replacement BASIX certificate applicable to the development when the construction certificate is issued or (in the case of a
    construction certificate modified under clause 148) modified
  • in the case of development the subject of a complying development certificate, a BASIX certificate that is applicable to the development when the complying development certificate is granted or (in the case of a complying development certificate
    modified under section 87 of the Act) modified
Relevant Submission Period
  • in relation to submissions concerning a draft development control plan, the submission period specified for the plan in the notice referred to in clause 18 (1)
  • in relation to submissions concerning a draft contributions plan, the submission period specified for the plan in the notice referred to in clause 28
  • in relation to submissions concerning designated development that has been notified as required by section 79 (1) of the Act, the submission period specified for the development in the notice referred to in clause 78 (1)
  • in relation to submissions concerning State significant advertised development that has been notified as required by section 79A (1) of the Act, the submission period specified for the development in the notice referred to in clause 83 (1)
  • in relation to submissions concerning nominated integrated development that has been notified as required by section 79A (1) of the Act, the submission period specified for the development in the notice referred to in clause 89 (1)
  • in relation to submissions concerning development that has been notified or advertised as required by a development control plan referred to in section 79A (2) of the Act, the submission period specified for the development in the instrument
    by which the development has been so notified or advertised
  • in relation to submissions concerning development of a kind referred to in two or more of paragraphs (c), (d), (e) and (f), the longer or longest of those periods
Requiredused as an adjective, has the same meaning as in the Building Code of Australia
Residential Flat Developmentthe same meaning as in State Environmental Planning Policy No 65-Design Quality of Residential Flat Development
Section 94 Conditiona condition under section 94 of the Act requiring the dedication of land or the payment of a monetary contribution, or both
Section 94 Contributionthe dedication of land, the payment of a monetary contribution or the provision of a material public benefit, as referred to in section 94 of the Act
Section 94A Levythe payment of a levy, as referred to in section 94A of the Act
Site Compatibility Certificate (SCC)
  • site compatibility certificate (affordable rental housing)
  • site compatibility certificate (infrastructure),
  • site compatibility certificate (seniors housing).
SCC Affordable Rental Housingcertificate issued under clause 37 (5) of State Environmental Planning Policy (Affordable Rental Housing) 2009
SCC Infrastructurecertificate issued under clause 19 (5) of State Environmental Planning Policy (Infrastructure) 2007
SCC Seniors Housingcertificate issued under clause 25 (4) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
State Significant Advertised Developmentdevelopment of the kind referred to in clause 5 (1) (a)
Temporary Building
  • a temporary structure
  • a building that is stated to be a temporary building in a development consent or complying development certificate granted or issued in relation to its erection
The ActEnvironmental Planning and Assessment Act 1979
Threatened Species Development
  • development of the kind referred to in clause 5 (1) (c)
  • A reference in this Regulation to building work does not include a reference to any physical activity involved in the erection of a temporary structure. NOTE: Building work – is defined by the Act to mean any physical activity
    involved in the erection of a building
  • A reference in this Regulation to an existing building does not include a reference to a temporary structure

The following lists all the terms used in the legislation, with a glossary / definition of each term as it relates to building construction and control.

 

Affected PartPart 2, Division 2, see regulation 5A
Alternative Building Solutionalternative solution as defined in Part A1.1 of the Building Code
Approved Class 1a Buildingsee regulation 36C(1)
Approved Rural Landsee regulation 36A
Building Codethe Building Code of Australia set out in Volume One and Volume Two of the National Construction Code Series
Building Contractor Residential (restricted)a building practitioner registered in the category of building contractor residential
Building Contractor Residential (unrestricted)a building practitioner registered in the category of building contractor residential
Class 2 Buildingregulation 15A and Part 11A, includes:

  • a building consisting only of one or more storeys that may be classified under the Building Code as a Class 2 building because of Part A3.3(a)(i) of the Code
  • a building consisting only of:

– one or more storeys that are Class 2 buildings– one or more storeys that are Class 7a buildings for the sole use of the residents of, and visitors to, the Class 2 buildings

Completed building workfor Part 3A, means the building work specified in regulation 20A(1) and completed as specified inregulation 20A(2)
Drawingsa building, include a site plan and floor plan of, and elevations for, the building
Existingfor Part 2, Division 2, see regulation 5A
Flood Prone Areaa part of Territory specified in Schedule 4
National Construction Code Seriesthe National Construction Code Series, published by the Australian Building Codes Board, as in force from time to time
Net Assetssee regulation 39B(1)
Net Assets Certificatesee regulation 39C(1)
New Partfor Part 2, Division 2, see regulation 5A
Original Building Statusan approved Class 1a Building, see regulation 36C(1)(e)
Original Sitean approved Class 1a Building, see regulation 36A
Pergoladoes not include a building that has a roof or sides that are impermeable to the wind
Planning Schemesee section 3(1) of the Planning Act
Plumbing Codethe Plumbing Code of Australia set out in Volume Three of the National Construction Code Series
Post-Relocation Building Workan approved Class 1a Building, see regulation 36A
Prescribed Building ContractorPart 11A, Divisions 2 and 2A, means a building contractor prescribed by regulation 41F
Prescribed Building WorkPart 11A, Divisions 2 and 2A, means work prescribed by regulation 41G
Prescribed Feea fee prescribed under regulation 2A
Progress Payment AgreementPart 11A, Division 2, means an agreement under a residential building contract mentioned in regulation 41HB(1)
Relevant Building Lawin relation to a building, means the law (including codes and standards under the law) in force in the Territory that, at the time of the erection of the building, regulated the building work carried out for the erection
Standard Progress Paymentsfor Part 11A, Division 2, means the standard progress payments under a residential building contract mentioned in regulation 41HA(1)

For these Regulations the erection of a building that has been removed and transported from another site or another location on the same site is taken to be the erection of a building.However, sub regulation (2) does not apply to the erection of an approved
Class 1a Building on approved rural land.A reference in these Regulations to a building as a building of a particular Class is a reference to a building of that Class as specified under the classification in Part A3.2 of the Building Code.In reckoning
time for these Regulations public holidays, Saturdays and Sundays are excluded.

The Building Regulation 2006 contains a dictionary of terms in Schedule 4 Dictionary.

The following lists all the terms used in the regulations.

 

Schedule 4 Dictionary

Accumulatepart 4, division 3, see section 16F(4)
Aspecta component of a stage of the work
Aspect Worksee section 42(1)(b)
Assessable Building Workbuilding work that is not development requiring compliance assessment under the Planning Act, self-assessable building work or exempt development
Builderthe person in charge of carrying out the work. Examples of a builder for building work

  • a person who contracts with an owner to perform building work for the owner
  • a person who holds an owner-builder permit under the Queensland Building Services Authority Act 1991 for building work and who, under that Act, engages subcontractors to perform all or part of the work
Building Certifier
  • a provision about a competent person, means the building certifier who decided the person is a competent person
  • a provision about assessable building work, means the building certifier who performed, or is performing, building certifying functions for the building development approval for the work
Building Design or Specificationany material, system, method of building or other thing related to the design of or specifications for building work
Certificate of Inspectiona certificate under section 32 that states a stage of assessable building work complies with the building development approval
Chapter 8 Poola swimming pool to which chapter 8 of the Act applies
Competent Personsee section 17(3)
Competent Person (Design/Specification)see section 17(4)
Competent Person (Inspections)see section 17(5)
Continous 3year Periodfor part 4, division 3, see section 16E
Demerit Contraventionfor part 4, division 3, see section 16E
Demerit Pointsfor part 4, division 3, see section 16E
Design/Specification Helpfor a competent person, see section 17(1)(a)
Final Stagethe last stage of the building work provided for under section 24
Floor Areaits floor area as defined under the BCA
Inspecting Personsee section 30(2)
Inspection Daypart 6, division 1, subdivision 4A, see section 35A(1)(b)
Inspection Guidelinessee section 26(1)
Inspection Helpa competent person, see section 17(1)(b)
Natural Ground Surfacethe ground surface located at site of the building or structure on the day the first plan of survey showing the relevant allotment was first registered
Non-compliance Noticesee section 33(2)
Notice for Inspectionsee section 27(2)
Planning Scheme Mapsmaps used in a planning scheme
Pool Workfor part 6, division 1, subdivision 4A, see section 35A(1)(a)
QBSA Licenseesee section 42(1)(c)
QBSA Licensee Certificatea certificate under section 43 or 44
Qualitative Statementa statement about a performance or outcome sought to be achieved when buildings or structures for relevant work are completed
Quantifiable Standarda standard that achieves a performance or outcome sought under a qualitative statement
Referral Agency Aspectssee section 37(a)
Relevant Provisionfor part 4, division 3, see section 16E
Road
  • an area of land dedicated to public use as a road
  • an area open to, or used by, the public and developed for, or has, as 1 of its main uses, the driving or riding of motor vehicles However a road does not include a pedestrian or bicycle path
Sole-occupancy Unita sole-occupancy unit as defined under the BCA
Stagea stage of the work provided for under section 24
Storeya storey as defined under the BCA
Structural Componentan element or a part of a building that carries or transfers a load in addition to its own weight
Supervising Certifiersee section 23A
Temporary Fencea temporary fence that complies with QDC part MP3.4
Tenta temporary structure clad in canvas, plastic or similar material, with or without walls, supported by poles or similar supports and fastened to the ground using ropes, pegs or ballast

Development Act 1993

The Development Act 1993 and Development Regulations 2008 provide the objectives and operational framework for building construction and control in South Australia.

The following lists the terms used in the legislation, with a glossary/ definitions of each term as it relates to building construction and control.

 

Adelaide Dolphin Sanctuarythe same meaning as in the Adelaide Dolphin Sanctuary Act 2005
Adelaide Parklandsthe same meaning as in the Adelaide Park Lands Act 2005
Adjacent Land
  • that abuts on the other land
  • that is no more than 60 metres from the other land and is directly separated from the other land only by: – a road, street, footpath, railway or thoroughfare – a watercourse -a reserve or other similar open space
Adjoining Landthe owner of land that abuts (either horizontally or vertically) on the land of a building owner
Advertisementan advertisement or sign that is visible from a street, road or public place or by passengers carried on any form of public transport
Advertiserthe person whose goods or services are advertised in the advertisement
Advertising Hoardinga structure for the display of an advertisement or advertisements
The Advisory Committeethe Development Policy Advisory Committee established under this Act
Allotmenthas the same meaning as in Part 19AB of the Real Property Act 1886 and in addition includes a community lot, development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property
within the meaning of the Strata Titles Act 1988
Amendmentincludes an addition, excision or substitution
Amenityof a locality or building means any quality, condition or factor that makes, or contributes to making, the locality or building harmonious, pleasant or enjoyable
Authorised Officera person appointed to exercise the powers of an authorised officer under this Act
Buildinga building or structure or a portion of a building or structure (including any fixtures or fittings which are subject to the provisions of the Building Code of Australia), whether temporary or permanent, moveable or immovable, and includes
a boat or pontoon permanently moored or fixed to land, or a caravan permanently fixed to land
Building Codean edition of the Building Code of Australia published by the Australian Building Codes Board, as in force from time to time and as modified (from time to time) by the variations, additions or exclusions for South Australia contained in
the code, but subject to the operation of subsection (7)
Building Ownerthe owner of land on or in relation to which building work is or is to be performed
The Building Rulesany codes or regulations under this Act (or adopted under this Act) that regulate the performance, standard or form of building work and includes any standard or document adopted by or under those codes or regulations, or referred to in those codes
or regulations
Building Rules Assessment Commissiona committee of the Development Assessment Commission established in accordance with the regulations
Building Rules Consenta consent granted under section 33(1)(b)
Building Workthe construction, demolition or removal of a building (including any incidental excavation or filling of land) and any other prescribed work or activity but does not include any work or activity that is excluded by regulation from the ambit of this
definition
Business DaySaturday, Sunday or a public holiday or any other day which falls between 25 December in any year and 1 January in the following year
Construct
  • to build, rebuild, erect or re-erect the building
  • to repair the building
  • to make alterations to the building
  • to enlarge or extend the building
  • to underpin the building
  • to place or relocate the building on land
Councila municipal or district council
The Courtthe Environment, Resources and Development Court
Crownthe Crown in right of the State or in any of its other capacities
Development
  • building work
  • a change in the use of land
  • the division of an allotment
  • the construction or alteration (except by the Crown, a council or other public authority (but so as not to derogate from the operation of paragraph (e))) of a road, street or thoroughfare on land (including excavation or other preliminary or
    associated work); or the creation of fortifications
  • in relation to a State heritage place-the demolition, removal, conversion, alteration or painting of, or addition to, the place, or any other work that could materially affect the heritage value of the place
  • in relation to a local heritage place-the demolition, removal, conversion, alteration or external painting of, or addition to, the place, or any other work (not including internal painting but including, in the case of a tree, any tree-damaging
    activity) that could materially affect the heritage value of the place or the external painting of a building within an area prescribed by the regulations for the purposes of this paragraph or in relation to a significant tree-any tree-damaging
    activity
  • prescribed mining operations on land or prescribed earthworks (to the extent that any such work or activity is not within the ambit of a preceding paragraph)
  • an act or activity in relation to land (other than an act or activity that constitutes the continuation of an existing use of land) declared by regulation to constitute development (including development on or under water) but does not include
    an act or activity that is excluded by regulation from the ambit of this definition
Development Assessment Commissionthe Development Assessment Commission established under this Act
Development Authorisationany assessment, decision, permission, consent, approval, authorisation or certificate required by or under this Act or any other Act prescribed by the regulations for the purposes of this definition
Development Plana Development Plan under this Act
Development Plan Consenta consent granted under section 33(1)(a)
Division
  • the division, subdivision or resubdivision of the allotment (including by community plan under the Community Titles Act 1996 and by strata plan under the Strata Titles Act 1988)
  • the alteration of the boundaries of an allotment
  • the conferral or exercise of a present right to occupy part only of an allotment under a lease or licence, or an agreement for a lease or licence, the term of which exceeds six years or such longer term as may be prescribed, or in respect of
    which a right or option of renewal or extension exists so that the lease, licence or agreement may operate by virtue of renewal or extension for a total period exceeding six years or such longer period as may be prescribed
  • the grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, of a class prescribed by regulation,

and to divide has a corresponding meaning

Documenta paper or record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device)
Domestic Partnera person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not
DRsee subsection (6)
EISsee subsection (4)
Environment Protection Authoritythe Environment Protection Authority established under the Environment Protection Act 1993
Fire Authoritythe South Australian Metropolitan Fire Service or the South Australian Country Fire Service
Fortificationthe same meaning as in Part 16 of the Summary Offences Act 1953
Fundthe Planning and Development Fund continued in existence under this Act
Land
  • land as a physical entity, including land covered with water and including any building on, or fixture to, the land
  • any legal estate or interest in, or right in respect of, land
LGALocal Government Association of South Australia
Local Heritage Placea place that is designated as a place of local heritage value by a Development Plan
Localityincludes a road, street or thoroughfare
Marine Parkthe same meaning as in the Marine Parks Act 2007
Metropolitan Adelaideas defined by a plan deposited in the General Registry Office by the Minister for the purposes of this definition and identified by the Minister by notice in the Gazette
The Mining Actsthe Mining Act 1971, the Opal Mining Act 1995, the Petroleum Act 1940, the Petroleum (Submerged Lands) Act 1982 and the Offshore Minerals Act 2000
Mining Production Tenement
  • a mining lease or miscellaneous purposes licence under the Mining Act 1971 or a precious stones tenement under the Opal Mining Act 1995
  • a petroleum licence or pipeline licence under the Petroleum Act 1940
  • a production licence or pipeline licence under the Petroleum (Submerged Lands) Act 1982
  • a mining licence (or a works licence for activities that are directly connected with activities that are carried out, or are to be carried out under a mining licence) under the Offshore Minerals Act 2000
Minister for the Adelaide Dolphin SanctuaryMinister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed
Minister for Marine Parksthe Minister to whom the administration of the Marine Parks Act 2007 is committed
Minister for River Murraythe Minister to whom the administration of the River Murray Act 2003 is committed
Murray-Darling Basinthe same meaning as in the Water Act 2007 of the Commonwealth
Owner
  • if the land is unalienated from the Crown-the Crown
  • if the land is alienated from the Crown by grant in fee simple-the owner of the estate in fee simple
  • if the land is held from the Crown by lease or licence-the lessee or licensee
  • if the land is held from the Crown under an agreement to purchase-the person who has the right to purchase
Party Walla wall built to separate two or more buildings or a wall forming part of a building and built on the dividing line between adjoining premises for their common use and includes a common wall for the purposes of the Building Code of Australia
PERsee subsection (5)
The Planning Strategythe Planning Strategy formulated under this Act
Prescribed Mining Operations
  • the recovery of naturally occurring substances (except water) from the earth (whether in solid, liquid or gaseous form)
  • the recovery of minerals by the evaporation of water

but does not include operations carried on in pursuance of any of the Mining Acts

Private Certifiera person who may act as a private certifier pursuant to Part 12
Public Noticenotice that complies with regulations made for the purposes of this definition
Public Placeincludes a street, road, square, reserve, lane, footway, court, alley and thoroughfare which the public are allowed to use (whether formed on private property or not), any public watercourse, and any foreshore
The Register Generalincludes the Registrar-General of Deeds
Relativethe spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person
Relevant Authoritya body determined to be a relevant authority under section 34, subject to the operation of Divisions 23 and 3A of Part 4, and Part 12
Relevant Interestthe same meaning as in the Corporations Law
Repealed Actthe Building Act 1971, the City of Adelaide Development Control Act 1976 or the Planning Act 1982
Significant Tree
  • a tree within a class of trees declared to be significant trees by the regulations
  • a tree declared to be a significant tree, or a tree within a group of trees declared to be significant trees, by a Development Plan
South Australian Heritage CouncilThe South Australian Heritage Council constituted under the Heritage Places Act 1993
Spousea person is the spouse of another if they are legally married
The State
  • that is within the limits of the State
  • that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth
State Heritage Place
  • a place entered, either on a provisional or permanent basis, in the State Heritage Register
  • a place within an area established as a State Heritage Area by a Development Plan
Structureincludes a fence or wall
Tree Damage Activity
  • the killing or destruction of a tree
  • the removal of a tree
  • the severing of branches, limbs, stems or trunk of a tree
  • the ringbarking, topping or lopping of a tree
  • any other substantial damage to a tree

and includes any other act or activity that causes any of the foregoing to occur but does not include maintenance pruning that is not likely to affect adversely the general health and appearance of a tree

To Undertake Developmentto commence or proceed with development or to cause, suffer or permit development to be commenced or to proceed.

  • A regulation made for the purposes of paragraph of the definition of development under subsection (1) will not extend to a building used wholly or predominantly for residential purposes.
  • Where at the foot of a section or subsection the words “Additional Penalty” appear, those words signify that a person who undertakes development in contravention of, and thus commits an offence against, that section or subsection is liable,
    in addition to any other penalty prescribed for the offence, to a penalty of an amount not exceeding the cost of the development insofar as it has been undertaken in contravention of that section or subsection.
  • Where at the foot of a section or subsection the words “Default Penalty” appear, those words signify that, where a person is convicted of an offence against the section or subsection and the offence continues after the date of the conviction,
    the person is guilty of a further offence against the section or subsection and liable, in addition to any other penalty prescribed for the offence, to a penalty not exceeding the amount of the default penalty for every day the offence continues
    after the date of the conviction.
  • A reference in this Act to an EIS is a reference to an environmental impact statement, being a document that includes a detailed description and analysis of a wide range of issues relevant to a development or project and incorporates significant
    information to assist in an assessment of environmental, social or economic effects associated with the development or project and the means by which those effects can be managed.
  • A reference in this Act to a PER is a reference to a public environmental report, being a report on a development or project that includes – a detailed description and analysis of a limited number of issues and a description and analysis of
    other issues relevant to the development or project: – a description and analysis of a wide range of issues relevant to the development or project where a considerable amount of relevant information is already generally available – and incorporates
    information to assist in an assessment of environmental, social or economic effects associated with the development or project and the means by which those effects can be managed.
  • A reference in this Act to a DR is a reference to a development report, being a report that includes a description and analysis of general issues relevant to a development and the means by which those issues can be addressed.
  • Any alteration to the Building Code will not take effect for the purposes of this Act: – before a day on which notice of the alteration is published by the Minister in the Gazette – if the Minister so specifies in a notice under paragraph (a),
    until a day specified by the Minister.
  • For the purposes of this Act, a person is an associate of another person if: – the other person is a relative of the person or of the person’s spouse or domestic partner – the other person – is a body corporate; and the person or a relative
    of the person or of the person’s spouse or domestic partner has, or two or more such persons together have, a relevant interest or relevant interests in shares of the body corporate the nominal value of which is not less than 10 per cent of
    the nominal value of the issued share capital of the body corporate – the other person is a trustee of a trust of which the person, a relative of the person or of the person’s spouse or domestic partner or a body corporate referred to in paragraph
    (b) is a beneficiary – the person is an associate of the other person within the meaning of the regulations.

Building Act 2004 and Building (General) Regulation 2008

The Building Act 2000 Section 3 provide the objectives and operational framework for building.

In this Act unless the contrary intention appears:

 

Accredited Building Practitionera building practitioner who is accredited under Part 4 and whose accreditation is in force and, for the purposes of Divisions 4, 5 and 6 of Part 4, includes a person who was accredited at the time certain building work or associated building work
was done, or certain conduct engaged in, by that person
Accreditation Schemethe accreditation scheme approved under section 19
Adequate Washing Facilitiesa bath or shower required and installed in accordance with this Act
Adjoining Occupieran occupier of adjoining property
Adjoining Owner
  • the owner of adjoining property
  • the agent of that owner appointed under section 123
Adjoining Propertyincludes any land that is, or is likely to be, at risk of significant damage from building work
Advisory Committeethe Building Regulation Advisory Committee established under section 9
Alternative Solutionan alternative building solution as defined by the Building Code of Australia
Appeal Tribunalthe Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993
Approved Disposal Systema system approved under any Act for the disposal of sewage, storm water or trade waste
Approved Forma form approved by the Director
Approved Investigatora person approved under section 34
Associated Building Workany of the following relating to building work:

  • designing and documenting
  • inspecting, reporting and advising
  • making, giving or issuing any permit, certificate, notice, order, decision, determination, accreditation or authorisation under this Act
  • accepting any certificate under this Act
  • taking any action under this Act
  • prohibiting or permitting anything under this Act
Associated Plumbing Workany of the following relating to plumbing work:

  • designing, placing, constructing, altering or maintaining a plumbing installation
  • inspecting, reporting and advising
  • giving, issuing or making any permit, certificate, notice, order, decision, determination, accreditation or authorisation under this Act
  • taking any action under this Act
  • prohibiting or permitting anything under this Act
Authorised Person
  • the Director
  • a relevant building surveyor
  • a relevant permit authority
  • a relevant general manager
Builder
  • a person engaged by the owner of land or a building to manage or carry out, or certify, building work on the building and includes a construction manager and a demolisher
  • if such a person does not exist or is unable to be found, the owner of that building
  • building includes a proposed building, part of a building, a structure and part of a structure
Building Action
  • any action for damages, other than damages for death or bodily injury, incurred as a result of:

– defective building work or defective associated building work– defective plumbing work or defective associated plumbing work

  • a counterclaim to such an action
Building Certificatea certificate referred to in section 119
Building Code of Australiathe code produced by the Australian Building Codes Board comprising:

  • Volume One of the National Construction Code Series including any variations and additions in the Appendix Tasmania set out in the Appendices to that Volume
  • Volume Two of the National Construction Code Series including any Tasmania additions set out in Appendix A to that Volume
Building Line (in relation to a road)
  • a line determined by by-law or planning instrument:

– as a building line– as a building set-back

  • if a line is not so determined, a line which is:

– 18 metres from the middle of a highway or a road that is not within a city or town– 9 metres from the middle of a road, other than an alley, that is within a city or town

Building Noticea notice referred to in section 163
Building Orderan order referred to in section 40(3)(da) or section 170, 171, 173 or 173A
Building Owneran owner who builds or intends to build a party wall or party structure
Building Permita permit referred to in section 60
Building Permit Levya levy referred to in section 270
Building Practitionera person of one of the following categories:

  • a designer, other than a plumber, who is responsible for the design, documentation or certification of the design or inspection of building work, plumbing work, buildings or plumbing installations;
  • a building surveyor or building surveyor limited who is responsible for document assessment, certification, determination or inspection of building work or buildings
  • a builder who is responsible for the management, carrying out or certification of building work
Building Productany product used in building
Building Regulationsregulations made under Division 1 of Part 13
Building Surveyora person engaged by an owner to perform building surveying functions under this Act and includes a building surveyor limited
Building Surveyor Limiteda building surveyor whose building surveying functions are limited in accordance with section 51
Building Systemincludes a construction method or design
Building Workwork relating to:

  • erecting, re-erecting, constructing, altering, repairing, underpinning, demolishing or removing a building
  • adding to a building
  • excavating or filling incidental to an activity referred to in paragraph (a) or (b)
  • any other prescribed work
Certificate of Completion (building work)a certificate of completion referred to in section 112
Certificate of Completion (plumbing work)a certificate of completion referred to in section 113
Certificate of Conformityhas the same meaning as in the Building Code of Australia
Certificate of Final Inspectiona certificate referred to in section 92
Certificate of Likely Compliancea certificate referred to in section 62
Certificate of Plumbing Compliancea certificate referred to in section 113(3)(b)
Certificate of Substantial Compliancea certificate referred to in section 183
Certificate to Proceeda certificate referred to in section 175
Class 1-9 Buildinga building with a classification of:

  • Class 1
  • Class 2
  • Class 3
  • Class 4
  • Class 5
  • Class 6
  • Class 7
  • Class 8
  • Class 9
Class 7b Farm Buildinga building which has low human occupancy and:

  • is associated with, and located on, land devoted to the practice of farming or horticulture
  • is used essentially for:

– housing machinery and equipment– livestock– storage of agricultural or horticultural produce or materials

Classificationclassification under the Building Code of Australia
Designeran architect, engineer, draftsperson, building designer or building services designer
Dilapidated Buildinga building that, because of neglect, disrepair, defacement or damage, is of an appearance that is prejudicial to the visual amenity of its surroundings
Dilapidated Building Noticea notice referred to in section 167B
Dilapidated Building Reporta report referred to in section 167A
Directorthe Director of Building Control appointed under section 6
Emergency Orderan order referred to in section 162
Environmental Health Officera person appointed as such under the Public Health Act 1997
Essential Safety And Health Features
  • safety and health equipment
  • components and installations of such equipment
Essential Safety and Health Measures
  • safety and health strategies
  • management procedures relating to those strategies
Fire Source Featurea fire source feature as defined in the Building Code of Australia
Fire Upgrading Noticea notice referred to in section 167
Fire Upgrading Reporta report referred to in section 166
Function Control Authorityan authority:

  • that is required under an Act to:

– issue a certificate, licence, registration or permit for a function or operation within a building– inspect or control a function or operation within a building

  • that the Director specifies is a function control authority for the purpose of this Act
Fundthe Building Administration Fund established under section 271
General Managera general manager appointed under the Local Government Act 1993
Historic Buildinga building entered in the Heritage Register under the Historic Cultural Heritage Act 1995
Inhabit (in relation to a building)to stay, work, sleep, eat or cook in the building
Insurance
  • professional indemnity insurance
  • a performance bond
  • a guarantee
  • an indemnity
  • public liability insurance
  • insurance relating to a particular building work or plumbing work
  • insurance taken out by any body or person which relates to the work of a building practitioner
  • any agreement or instrument in the nature of an item set out in paragraphs (a) to (g)
Mandatory Notification Stage
  • a stage of building work that requires notification to the building surveyor under the Building Regulations
  • a stage of plumbing work that requires notification to the relevant permit authority under the Plumbing Regulations
National Construction Code Seriesthe National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time
Occupancy Permita permit that allows the occupancy of a building
On-Site Waste Water Management Systeman on-site system for the management of waste water that is:

  • a disposal or treatment system servicing one or more blocks
  • an on-site composting toilet or system
  • an on-site incinerating toilet
Ownerincludes any one of the following:

  • in the case of a fee simple estate in land, the person in whom that estate is vested
  • a person who has contracted to buy the building or land
  • in the case of land that is not registered under the Land Titles Act 1980 and is subject to a mortgage, the person for the time being holding the equity of redemption
    in that mortgage
  • in the case of land held under a tenancy for life, the person who is the life tenant
  • in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land
  • in the case of land that has not been alienated from the Crown, the Minister, authority or other person responsible for managing the land
  • any other person holding a prescribed interest in a building or land
Owner Builder
  • a natural person who is registered under section 30D to manage or carry out work on a Class 1-9 building
  • an owner who manages or carries out building work on a Class 10 building
Party Archan arch that:

  • separates adjoining buildings belonging to different owners or occupied by different persons
  • separates a building from a public way or a private way leading to premises in other occupation
Party Fence Walla wall that separates adjoining lands of different owners and standing on lands of different owners that:

  • is not part of a building
  • does not have footings that project into the land of another owner
Party Structurea party wall, partition, floor or other structure separating vertically or horizontally buildings that is approached by a distinct staircase or separate entrance from without
Party Walla wall forming part of a building that:

  • separates adjoining buildings belonging to different owners or occupied by different persons
  • stands to a greater extent than the projection of the footings on lands of different owners
Permit Authoritya person or body authorised for that purpose by the council of the municipal area in which the relevant building work, building, plumbing work or plumbing installation is located or, if the council has not made such an authorisation, the general
manager of the council
Permit of Substantial Compliancea permit referred to in section 186
Permit to Proceeda permit referred to in section 178
Plumbera person who holds a licence as a Plumber Practitioner (Certifier) under the Occupational Licensing Act 2005, authorising him or her to carry out any plumbing work that is prescribed work within the meaning of that Act
Plumbing Code of Australiathe Plumbing Code of Australia set out in Volume Three of the National Construction Code Series including any variations or additions in the Tasmania Appendix set out in Appendix A to that Volume
Plumbing Installation
  • a system of water supply
  • a system of sewage or sullage drainage or disposal
  • a system of stormwater drainage, roof drainage or trade waste drainage
  • an on-site waste water management system
Plumbing Noticea notice referred to in section 164
Plumbing Orderan order referred to in section 172
Plumbing Permita permit referred to in section 75
Plumbing Productany product used in plumbing work
Plumbing Regulationsregulations made under Division 2 of Part 13
Plumbing Workany work relating to:

  • installing, altering or maintaining a plumbing installation
  • any other prescribed work
Professional Misconductunsatisfactory professional conduct that is sufficiently serious as to justify suspension or cancellation of accreditation
Protection workwork that involves taking measures to protect an adjoining property
Public Noticea notice published:

  • in the Gazette
  • in a daily newspaper circulating generally in the State
Recorder of Titlesthe person appointed as such under the Land Titles Act 1980
Reporting Authoritya body or person required under the Building Regulations to report on an application for a building permit or an occupancy permit
Required Insuranceinsurance required under section 48
Required Reporta report required to be made in respect of a building permit or occupancy permit
Roadany land that is a public road or highway
Schemethe scheme referred to in section 19
Sewerage Installationa sewerage installation as defined in the Plumbing Regulations
Sewerage Systemsewers and sewerage works vested, under any Act, in a regulated entity within the meaning of the Water and Sewerage Industry Act 2008
Special Plumbing Permita permit referred to in section 77
Special-Use Buildinga building:

  • in respect of which a function control authority exercises control
  • to which Part H of the Building Code of Australia applies
Specifiedspecified by the Director
Tasmanian Plumbing Codethe code issued by the Minister under section 58
Temporary Occupancy Permita permit required under section 105
Temporary Structure
  • booth, tent or other temporary enclosure, whether or not a part of the booth, tent or enclosure is permanent
  • temporary seating structure
  • other prescribed structure
Testable Backflow Prevention Devicesuch a device as defined in the Plumbing Regulations
Unique Plumbing Producta plumbing product or drainage product that is :

  • a prototype
  • made on-site
  • purpose-built and the only one of its type
  • imported from outside Australia for a one-off use
  • determined by the Director to be a unique plumbing product
Unregistrable Relocatable Buildinga relocatable building that:

  • is not registrable as a motor vehicle or trailer

is designed to be moved between sites

Unsatisfactory Professional Conductconduct that:

  • falls short of a reasonable standard of competence, diligence and integrity
  • only partially fulfills requirements
  • willfully disregards relevant and appropriate matters
  • fails to comply with this or any other Act or prescribed law or the accreditation scheme
Wet Wella chamber for the collection of storm water, sewage or wastewater that is fitted with a pumping device to raise the contents to an approved disposal system

The nature, purpose or use of a building is to be determined:

  • from its design
  • if it is suitable for different purposes or uses, according to its most natural purpose or use as inferred from its design, its situation and the declared intentions of the owner when an application is made

A reference to the class of a building is a reference to that class as set out in the Building Code of Australia.Building Regulations 2004 (S.R. 2004, NO. 43)

A Landslip Areaan area of land declared under Part 9A of the Mineral Resources Development Act 1995 to be an A landslip area
Actthe Building Act 2000
Applicationan application for a permit to carry out building work
B Landslip Areaan area of land declared under Part 9A of the Mineral Resources Development Act 1995 to be a B landslip area
Chief Officerthe person appointed as Chief Officer under the Fire Service Act 1979
Commenced (in relation to building work)commenced on site
Completed (in relation to building work)any completed building work:

  • that is authorised by a building permit
  • in respect of which a certificate of completion (building work) has been issued under section 112 of the Act
Demolishera person who:

  • demolishes or removes a building or part of a building
  • is responsible for the demolition or removal of a building or part of a building
Electricity Supply Entitya person licensed to carry on operations in the electricity supply industry under the Electricity Supply Industry Act 1995
Farm Buildinga building which has low human occupancy:

  • is associated with and located on land devoted to the practice of farming
  • is used essentially for:

– housing machinery and equipment– livestock– the production, storage or processing of agricultural and horticultural produce or feed

  • may include, but is not limited to, a hay shed, implement shed, grain and fertiliser store, cool store for vegetables and fruit, piggery, poultry shed, shearing shed, farm dairy,milking shed, grain silo and silage bunker, greenhouse, farm workshop,
    fruit-packing shed, egg-grading room and garage not attached to a farm residence
Fire Safety Systemincludes any one or more of the following:

  • booster assemblies
  • fire mains, hydrants and hose reels
  • sprinklers
  • fire and smoke alarms
  • fire control centres
  • provisions for special fire hazard buildings
  • stairwell pressurisation
  • air-handling systems
  • smoke and heat vents
  • smoke exhausts
  • emergency lifts
  • emergency warning and intercommunication systems
Food Premisesfood premises as determined in TAS Part H102 of the Building Code of Australia
Food Premises Verification Analysisa hazard analysis of food premises undertaken in accordance with the specified Food Premises verification method determined by the Director
Heritage Registerthe register kept under section 15 of the Historic Cultural Heritage Act 1995
Landincludes any building on the land
Landslip Areaan area of land declared under Part 9A of the Mineral Resources Development Act 1995 to be an A landslip area or a B landslip area
Off-Site Disposal Systema removable pan, or other service, approved by the general manager
Outbuildingan aviary, boat shed, cycle shed, fowl house, fuel shed, garden shed, glass house, greenhouse, implement shed, kennel, pigeon loft, conservatory, summer house, shade house, tool house or any similar building
Place of Assemblyhas the same meaning as in the Public Health Act 1997
Practicingactually engaged in the relevant field of practice
Professional Engineera professional engineer within the meaning of the Building Code of Australia
Public Holidayincludes any day or part of a day that is a bank holiday or bank part holiday within the meaning of the Statutory Holidays Act 2000
Special Fire Hazard Building
  • a building in which one or more of the materials listed in Schedule 1 are used as a principal material for, or in connection with, the processing, making, assembling, alteration, adaptation, repair, renovation, preparation, ornamentation, finishing,
    cleansing or washing of a commodity, good, substance or article
  • an aircraft hanger, distillery, film and television studio and high-pile or high-stack storage building

In these regulations, a reference to a “day” does not include the following days:

  • 25 December to 1 January, inclusive
  • Good Friday to the following Tuesday, inclusive

In these regulations, a reference to a document being “in writing” means a reference to a document or application that:

  • is hand-written or type-written
  • may be sent by mail, email or facsimile

In these regulations, a reference to the purpose for which a building component or material is used includes a reference to the purpose for which the building component or material is intended to be used.In these regulations, a reference to a class of
building by a class number is a reference to the class of building of that number as set out in the Building Code of Australia.Unless the contrary intention appears, an expression used in these regulations that is defined in the Building Code of Australia
has the same meaning in these regulations as in the Building Code of Australia.If an expression is used in these regulations and not defined in these regulations or the Building Code of Australia but is defined in the Plumbing Regulations 2004 , that
expression has the same meaning in these regulations as in the Plumbing Regulations 2004.

Building Act 1993 and Building Regulations 2006

The Building Act 1993 and Building Regulations 2006 provide the objectives and operational framework for building construction and control in Victoria.

The following lists all the terms used in the legislation, with a glossary / definition of each term as it relates to building construction and control.

 

Appointed Dayin relation to a class or category of building practitioners, means a day appointed for that class or category under section 6
Adjoining Occupieran occupier of an adjoining property
Adjoining Propertyland (including any street, highway, lane, footway, square, alley and right of way) which is so situated in relation to the site on which building work is to be carried out as to be at risk of significant damage from the building work
Allotmentland that can be disposed of separately under section 8A of the Sale of Land Act 1962 without being subdivided
Alterationconstruction in relation to an existing building
Approvedapproved by the relevant building surveyor
AS2118.1-1999Automatic fire sprinkler systems-Part 1: General requirements, published 5 December 1999, as published from time to time
AS2118.4-1995Automatic fire sprinkler systems-Part 4: Residential, published 5 April 1995, as published from time to time
BCABuilding Code of Australia
BCA Volume OneVolume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume
BCA Volume TwoVolume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume
Buildingincludes structure, temporary building, temporary structure and any part of a building or structure
Building Advisory CouncilBuilding Advisory Council
Building Appeals BoardBuilding Appeals Board
Building Code of Australiathe Building Code of Australia comprising-

  • Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume
  • Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume;
Building Practitioners BoardBuilding Practitioners Board
Building Practitioner
  • a building surveyor
  • a building inspector
  • a quantity surveyor
  • an engineer engaged in the building industry
  • a draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits or permit applications
  • a builder including a domestic builder
  • a person who erects or supervises the erection of prescribed temporary structures
  • a person responsible for a building project or any stage of a building project and who belongs to a class or category of people prescribed to be building practitioners – but does not include an architect OR a person (other than a domestic builder)
    who does not carry the business of building
Building Regulations Advisory CommitteeBuilding Regulations Advisory Committee
Building Regulationsregulations as referenced in the legislation
Building Workwork for or in connection with the construction, demolition or removal of a building
Business Daya day that is not-

  • a Saturday or Sunday
  • a day that is wholly or partly observed as a public holiday throughout Victoria
Bushfire Performance Requirementperformance requirement P2.3.5 of the BCA Volume Two to the extent that it relates to fire safety for a Class 10c building associated with a Class 1 building
Certificate of Consenta certificate of consent under the legislation
Chief Officer
  • in relation to the metropolitan fire district under the Metropolitan Fire Brigades Act 1958, the Chief Officer of the Metropolitan Fire and Emergency Services
  • in relation to any building or land outside the metropolitan fire district, the Chief Officer of the Country Fire Authority under the Country Fire Authority Act 1958
Clear to the Skyan unroofed area or an area roofed with a material that transmits at least 90% of light
CommissionBuilding Commission under the legislation
CommissionerCommissioner of the Building Commission under the legislation
Conducta public entertainment, means to have a direct pecuniary interest in the proceeds or profits of the entertainment
Construct
  • build, re-build, erect or re-erect the building
  • repair the building
  • make alterations to the building
  • enlarge or extend the building
  • place or relocate the building on land; cooling tower has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008
Cooling Tower Systemhas the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008
Councilcouncil within the meaning of the Local Government Act 19892
Decisiona matter in respect of which an appeal can be made to the Building Appeals Board, includes failure to decide
Decision-makera matter in respect of which an appeal can be made to the Building Appeals Board, means the person or body whose decision may be the subject of that appeal
Declared Roada freeway or an arterial road within the meaning of the Road Management Act 2004
Domestic Buildera builder within the meaning of the Domestic Building Contracts Act 1995
Domestic Building Workhas the same meaning as it has in the Domestic Building Contracts Act 1995
Drainage Authority
  • in relation to any area to which Part X of the Melbourne and Metropolitan Board of Works Act 1958 applies, the Melbourne Water Corporation
  • in relation to any other area, the Authority to which Division 3 of Part 10 of the Water Act 1989 applies for that area
Electricity Supply AuthorityElectricity Corporation has in section 85 of the Electricity Industry Act 2000
Farmlandfarm land as defined in section 2 of the Valuation of Land Act 1960
Fire Performance Requirement
  • performance requirement BP1.1, DP2, DP3, DP4 or DP6 of the BCA Volume One (to the extent that it relates to fire safety)
  • performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5, EP1.6, EP2.1 or EP2.2 of the BCA Volume One
  • performance requirement P2.1, P2.3.1 or P2.3.2 of the BCA Volume Two (to the extent that it relates to fire safety for a Class 1b building and a Class 10 building not associated with a Class 1a building)
Fire Safety Engineera registered building practitioner in the category of engineer, class of fire safety enginee
Flood-plan Management Authorityan Authority or Minister to which Division 4 of Part 10 of the Water Act 1989 applies
Forma form as stipulated in the legislation
Functionincludes power, authority and duty
Gas Supply Authority
  • in relation to an area served by a reticulated gas supply, a gas company within the meaning of the Gas Safety Act 1997; and
  • in relation to pipelines for the conveyance of hydrocarbons, the Minister responsible for the Pipelines Act 1967
Height
  • 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
  • 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
  • a fence at any point, means the vertical distance between natural ground level at the base of the fence and the top of the fence
Insured Architectan architect who is registered under the Architects Act 1991 and who is covered by the required insurance under that Act
Insurerincludes the Victorian Managed Insurance Authority established by the Victorian Managed Insurance Authority Act 1996
Major Domestic Building Contractsame meaning as it has in the Domestic Building Contracts Act 1995
Mandatory Notification Stagea prescribed stage of building work
Municipal Building Surveyora person for the time being appointed, employed or nominated by a council as its municipal building surveyor for the purposes of this legislation
National Construction Code Seriespublished by the Australian Building Codes Board as amended or remade from time to time
Owner
  • in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958, (other than land in an identified folio under that Act) means the person who is registered or entitled to be registered
    as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land
  • in relation to land which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means the person who is the owner, or the
    persons who are the owners, of the fee or equity of redemption
  • in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management, means the Minister administering that Act
  • in relation to any other Crown land, means the Minister or public authority that manages or controls the land
Owner in Relation to a Buildingthe owner of the land on which a building is situated
Owner in Relation to Landin the legislation a reference to the owner is a reference to the owner of land on which building work is proposed to be or is carried out
Pergolaan open structure that is unroofed but may have a covering of open weave permeable material
Permitbuilding permit or occupancy permit
Place of Public Entertainment
  • a prescribed building or building in a prescribed class of buildings which is used or intended to be used for the purpose of providing public entertainment
  • a prescribed place or place in a prescribed class of places: – which is enclosed or substantially enclosed – to which admission can be gained by payment of money or the giving of other consideration

and which is used or intended to be used for the purpose of providing public entertainment

Prescribed Temporary Structurea temporary structure in a prescribed class of temporary structures
Private Building Surveyora building surveyor registered under the legislation other than:

  • a municipal building surveyor
  • an officer or employee of the Crown or a public authority
  • a building surveyor authorised under the legislation in his or her capacity as such a municipal building surveyor, officer, employee or authorised building surveyor
Private Open Space
  • an unroofed area of land
  • a deck, terrace, patio, balcony, pergola, verandah, gazebo or swimming pool
Proceeding
  • an appeal to that Board under the legislation
  • a matter referred to that Board under the legislation
  • an application to that Board under the legislation
  • any other matter within that Board’s jurisdiction that, by the Act or regulation conferring the jurisdiction, is declared to be a proceeding
Protection Work
  • permanent or temporary work of- – underpinning, including the provision of vertical support, lateral support, protection against variation in earth pressures, provision of ground anchors and other support for adjoining property; or – shoring
    up of adjoining property; or – overhead protection for adjoining property; or – other work designed to maintain the stability of adjoining property or to protect adjoining property from damage from building work; or
  • any work or use of equipment necessary for the provision, maintenance and removal of work referred to in paragraph – whether or not the work or equipment is carried out or used on, over, under or in the air space above the land on which the
    building work is or is to be carried out or the adjoining property
Public Authoritya body established for a public purpose by or under an Act and includes a council
Public Entertainmententertainment or meeting to which admission may ordinarily be gained by members of the public
Registered Building Practitionerin relation to a class or category of building practitioners, means a day appointed for that class or category under section 6;
Relevant Building Surveyor
  • in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a municipal building surveyor, means the municipal building surveyor
  • in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a private building surveyor, means the private building surveyor
  • in relation to the carrying out by the Commission of the functions of a municipal building surveyor or a function specified in section 199(5), means the Commission
  • in relation to the carrying out by a building surveyor authorised under the legislation, of the functions of a municipal building surveyor, means the authorised building surveyor;
Relevant Councilthe council of the municipal district in which the building or land is situated
Reporting Authoritya body or person (other than a municipal building surveyor or private building surveyor to whom an application is made) that is required by the legislation or by any other Act or regulations to report on or consent to an application for a permit
Required Insurancethe insurance required by order under the legislation and, in the case of insurance to which the legislation applies, complying with the legislation
Secretary to the Department of Healththe Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health
Septic Tank Systemhas the same meaning as it has in Part IXB of the Environment Protection Act 1970
Setback from a Boundary or Buildinga horizontal distance from that boundary or building
Sewerage Authority
  • in relation to the metropolis under the Melbourne and Metropolitan Board of Works Act 1958, the Melbourne Water Corporation
  • in relation to a sewerage district under the Water Act 1989, the Authority for that district under that Act
Site Coveragethat part of an allotment, which is covered by buildings, expressed as a percentage of the area of the allotment
Standards New Zealandis the trading arm of the Standards Council of New Zealand
Streetincludes road, highway, carriageway, lane, footway, square, court, alley and right of way
Street Alignmentthe line between a street and an allotment
Temporary Structure
  • a booth, tent, marquee or other temporary enclosure, whether or not a part of the booth, tent, marquee or enclosure is permanent
  • a seating structure whether enclosed or not, including a mobile seating structure.
The Actthe Building Act 1993
Water Supply Authorityin relation to a water district under the Water Act 1989, the Authority for that district under that Act

Building Act 2011 and Building Regulations 2012

The Building Act 2011 and Building Regulations 2012 provide the objectives and operational framework for building construction and statutory building control in Western Australia.

The following lists terms used in the legislation, with a glossary/ definition of each term as it relates to building construction and statutory building control.

In these Regulations:

 

Adulta person who has reached 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently 18 or more years of age
Adversely Affect Land
  • reduce the stability or bearing capacity of the land or a building or structure on the land
  • damage, or reduce the structural adequacy of, a building or structure on the land
  • the changing of the natural site drainage in a way that reduces the effectiveness of the drainage of the land or existing or future buildings or structures on the land
Applicable Certificate of Design Compliancethe certificate of design compliance:

  • that, as required by section 16(e), accompanied a certified application for the building permit
  • that was signed under section 17 on an uncertified application for the building permit

as is relevant in the case

Approvedto the manner or form of something, means approved:

  • by a prescribed person
  • in a prescribed way
Authorised Persona person designated under section 96 as an authorised person
Authority Under a Written Lawan approval, licence, registration, right, permit or exemption granted under a written law
Buildinga part of a building
Building Approval Certificatea building approval certificate granted on an application of a kind mentioned in Part 4 Division 2
Building Commissionerthe meaning given in the Building Services (Complaint Resolution and Administration) Act 2011 section 3
Building Orderan order made under section 110(1)
Building Order (Emergency)a building order made in the circumstances mentioned in section 111(2)
Building Permita permit granted under section 20
Building Service Contractorthe meaning given in the Registration Act section 3
Building Standarda prescribed requirement in relation to the technical aspects of the construction or demolition of a building or an incidental structure
Building Surveyora building service practitioner, as defined in the Registration Act section 3, who is registered in a class of building service practitioner that is prescribed for the purposes of this definition
Building Work
  • the construction, erection, assembly or placement of a building or an incidental structure
  • the renovation, alteration, extension, improvement or repair of a building or an incidental structure
  • the assembly, reassembly or securing of a relocated building or a relocated incidental structure
  • the changing of ground levels of land for the purposes of work of a kind mentioned in paragraph (a), (b) or (c) to an extent that could adversely affect land beyond its boundaries
  • site work on any land for the purposes of, or required because of, work of a kind mentioned in: – paragraph (a), (b), (c) or (d) – paragraph (a) or (b) of the definition of demolition work
  • other prescribed work, but does not include work of a kind prescribed for the purposes of this definition as not being building work
Classification (Building/Incidental Structure)he classification of the building or incidental structure under the regulations
Commencement Daythe day on which section 9 comes into operation; Crown land has the meaning given in the Land Administration Act 1997 section 3(1)
Demolition Permita permit granted under section 21
Demolition Work
  • the demolition, dismantling or removal of a building or an incidental structure
  • the changing of ground levels for the purposes of work of a kind mentioned in paragraph (a) to an extent that could adversely affect land owned by a person other than an owner of the land on which the building or incidental structure that is
    the subject of the demolition work is located
  • other prescribed work, but does not include work of a kind prescribed for the purposes of this definition as not being demolition work
Incidental Structurea structure attached to or incidental to a building and includes:

  • a chimney, mast, swimming pool, fence, free‑standing wall, retaining wall or permanent protection structure
  • a part of a structure;
Independent Building Surveyormeaning given in section 4
Landincludes a lot as defined in the Strata Titles Act 1985 section 3(1)
Minster for Landsthe Minister as defined in the Land Administration Act 1997section 3(1)
Occupancy Permitan occupancy permit granted or modified on an application of a kind mentioned in Part 4 Division 2
Ownerthe meaning given in section 5
Permit Authoritya building or permit authority for an incidental structure has the meaning given in section 6
Prescribedprescribed by regulation
Registration Actthe Building Services (Registration) Act 2011
Specialista person who belongs to a class of persons prescribed as persons who can sign the technical certificate for the purposes of this Act
Surveya survey for the purpose of recording the condition of land including the existing cracks and defects in a building or structure on the land
Technical Certificatea certificate in relation to a specific building standard applicable to, or any other technical aspect of, the construction or demolition of a building or incidental structure that is the subject of an application for a building permit, demolition
permit, occupancy permit or building approval certificate
Alternative Solutionthe meaning given in the Building Code Volume 1 Part A1
ASrefers to the Australian Standard having that designation that is published by Standards Australia
Assessment Methodthe meaning given in the Building Code Volume 1 Part A1
Builder Workthe meaning given in the Building Services (Registration) Regulations 2011 regulation 13(1)
Building Codethe Building Code of Australia which is volumes 1 and 2, as amended from time to time, of the National Construction Code series published by, or on behalf of, the Australian Building Codes Board
Business Daya day other than a Saturday, a Sunday or a public holiday
Classfollowed by a number or a number and a letter, refers to the classification of a building or incidental structure under regulation 6
Commencement Daythe meaning given in section 176
Estimate Valuethe value of the work estimated in accordance with Schedule 1
FESAthe Fire and Emergency Services Authority of Western Australian established by the Fire and Emergency Services Authority of Western Australia Act 1998 section 4
Former Provisionsmeaning given in section 176
Heritage Actthe Heritage of Western Australia Act 1990
Local Planning Schemea local planning scheme in force under the Planning and Development Act 2005
Performance Requirementthe meaning given in the Building Code Volume 1 Part A1
Private Swimming Poolmeans a place or premises, including a spa-pool but not a spa-bath, provided for the purpose of swimming, wading or like activities:

  • which the public are not entitled to use
  • which has the capacity to contain water that is more than 300 mm deep
Sectionsection of the Act
Townsitea townsite constituted under the Land Administration Act 1997 section 26(2)
X