Australian Capital Territory Numbered Regulations

BUILDING REGULATIONS 2004 (NO 34 OF 2004) - REG 5

    (1)     Each of the following is an exempt building:

        (a)     a fence or wall if—

              (i)     the height measured from any point on the fence or wall to the ground is not more than 1.8m, excluding any part of the structure that is in the ground; and

              (ii)     it does not form an integral part of an enclosure for a swimming pool;

        (b)     a retaining wall if the height measured from any point at the top of the retaining wall to the lowest adjacent ground level is not more than 1.2m, excluding any part of the wall that is in the ground;

        (c)     an outdoor deck, carport, pergola, porch, veranda, shelter, gazebo, shade structure or hail protection structure if—

              (i)     it has no wall; and

              (ii)     if it has a covering (including a sail or sail-like element)—the total covering area is 25m ² or less; and

              (iii)     the height measured from any point on the structure to the ground is not more than 3m, excluding any part of the structure that is in the ground; and

              (iv)     the height measured from any point on top of any flooring of the structure to the ground is not more than 1m, excluding any part of the structure that is in the ground; and

        (d)     a shed, gazebo, greenhouse or similar structure the roof area of which does not exceed 10m ² ;

Examples of similar structure

conservatory, cubbyhouse, store, workshop, studio, outbuilding or class 10a building

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

        (e)     an antenna or aerial assembly, if—

              (i)     the height measured from the highest part of the assembly to the lowest is 5m or less, excluding any part of the assembly that is in the ground or is part of the building the assembly is mounted on; and

              (ii)     the assembly is a class 10b building;

        (f)     an artificial pool, other than a bathtub, used, or for use, mainly for swimming, wading or bathing, that cannot hold water to a depth of more than 300mm;

        (g)     an internal alteration to a building for which a certificate under the Act, part 5 (Building occupancy) has been issued, if the alteration does not change the classification of the building;

        (h)     an outdoor pond if—

              (i)     it is not used, or for use, mainly for swimming, wading or bathing; and

              (ii)     the height measured from any point on the wall of the pond to the lowest point on the base of the pond is not more than 1.2m, excluding any part of the wall that is in the ground;

              (i)     a structure (for example, a barbeque or letterbox) if—

              (i)     it has a plan area not exceeding 2m ² ; and

              (ii)     the height measured from any point on the structure to the ground is not more than 1.8m, excluding any part of it that is in the ground;

        (j)     a water tank if—

              (i)     it has a capacity not exceeding 17kL; and

              (ii)     the height measured from any point on the tank to the ground is not more than 2.4m, excluding any part of the tank that is in the ground;

        (k)     an amusement ride, device to which AS 3533 applies or a portable building or structure, including a tent, marquee, stall or booth, erected at a place if—

              (i)     the building or structure is erected and used only in accordance with any applicable provision of AS 3533; and

              (ii)     if the building code applies to the building—the building or structure is a class 6, class 7 or class 10a building; and

              (iii)     the building or structure is not intended to be, and has not been, at the place for longer than 2 months.

    (2)     Subregulation (1) does not apply if—

        (a)     the building work in relation to the exempt building affects—

              (i)     the structural sufficiency, soundness or stability of part of a building for which a certificate under the Act, part 5 (Building occupancy) has been issued; or

              (ii)     a fire-rated wall, ceiling or floor; or

              (iii)     a ventilation or air-handling system, fire protection system or other mechanical service; or

              (iv)     a fire-escape, emergency lift, stairway, exit or passageway to an exit; or

        (b)     the building proposed to be built adversely affects the provision of natural light or ventilation to a building for which a certificate under the Act, part 5 has been issued.

    (3)     In this regulation:

"assembly", in relation to an antenna or aerial, means the antenna or aerial and its mast, tower and footing.