Australian Capital Territory Numbered Regulations

BUILDING REGULATIONS(AMENDMENT) (NO. 33 OF 1992) - REG 2

Prescribed buildings

“3. (1) For the purposes of section 6AA of the Act, each of the following buildings is a prescribed building:

        (a)     a fence or wall that—

              (i)     does not exceed 1.8 metres in height; and

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

        (b)     a retaining wall the top of which does not exceed 1.2 metres above the lower ground level;

        (c)     a carport or, subject to subregulation (2), a pergola—

              (i)     the plan area of which does not exceed 25 square metres;

              (ii)     the height of which does not exceed 3 metres;

              (iii)     the distance between any 2 adjacent supports of which does not exceed 4 metres; and

              (iv)     where it is attached to an approved building—that does not project above the line of any adjacent guttering on that building;

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

        (e)     an external timber deck the height of the floor level of which does not exceed 1 metre above ground level;

        (f)     an antenna or aerial not exceeding 5 metres in height;

        (g)     a swimming pool the capacity of which does not exceed 10 cubic metres and designed to be assembled and installed above ground level;

        (h)     an internal alteration to an approved building the effect of which does not alter the classification of the building;

        (j)     an outdoor ornamental pond the depth of which does not exceed 300 millimetres;

        (k)     a barbeque, letterbox, or other structure, having a plan area not exceeding 2 square metres and which is not more than 1.8 metres high;

        (m)     a water tank—

              (i)     having a capacity not exceeding 17 kilolitres;

              (ii)     the top of which is not more than 2.4 metres above ground level; and

              (iii)     that is not connected to the water supply of the Electricity and Water Authority.

“(2) Subparagraph (1) (c) (i) applies to a roofed pergola.

“(3) Subregulation (1) does not apply if—

        (a)     the building work in respect of the prescribed building affects—

              (i)     the structural sufficiency, soundness or stability of part of any approved building;

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

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

              (iv)     any 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 any approved building.”.