Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Schedule 1A Permitted variations to approved and exempt developments
(see s 20 (2) and s 35)
Part 1A.1 Preliminary
1A.1 Definitions—sch 1A
In this schedule:
"approved development" means a development that is covered by a development approval.
"exempt development" means—
(a) a sch 1 exempt development; or
(b) a development that is exempt from requiring development approval under the relevant development table.
sch 1 exempt development means a development that is exempt from requiring development approval under section 20 (1).
Part 1A.2 Permitted construction tolerances
1A.10 Permitted variations—horizontal siting tolerances for buildings and structures
(1) This section applies to the horizontal siting on a block of a building or structure that does not comply with the applicable siting criteria.
(2) The building or structure must be horizontally sited so that—
(a) for any point of the building or structure that the applicable siting criteria allows or requires to be sited on, or not more than 900mm horizontally from, a boundary of the block—
(i) for a boundary fence—the point is sited so that the centre of the fence's panelling is not more than 25mm horizontally from the boundary; and
(ii) in any other case—the point is sited wholly on the block and not more than 50mm horizontally from where the applicable siting criteria allow or require it to be sited; and
(b) for any point of the building or structure that the applicable siting criteria allows or requires to be sited more than 900mm horizontally from a boundary of the block—the point is sited wholly on the block and not more than 340mm horizontally from where the applicable siting criteria allow or require it to be sited; and
(c) compared to the approved development or exempt development, the building or structure does not do either or both of the following:
(i) increase the diversion or concentration of the flow of surface water—
(A) in a way that causes ponding; or
(B) onto other land;
Note Surface water —see the Water Resources Act 2007 , s 8.
(ii) change the number of stories in the building or structure.
Examples—s (2)
1 An exemption for the construction of a house requires a wall to be sited not closer than 900mm horizontally from the western boundary of the block. The house is constructed so that its western wall is 850mm horizontally from the boundary (50mm less than required). The siting of the house is within the allowed tolerance under par (a) (ii) because it breaches the siting requirement under the exemption by not more than 50mm.
2 If the resiting of the wall under example 1 moves the wall onto an easement, the resiting of the wall does not comply with this section because the resiting breaches general exemption criterion 1 (see s 1.11) about easements.
3 If the resiting of the wall under example 1 increases the gross floor area of the house because the other walls of the house were not correspondingly resited, the resiting of the wall would not comply with this section if it breaches a requirement under the lease about plot ratio or the house's gross floor area (see general exemption criterion 5 (s 1.15 (b))). However, if the house were constructed under an exemption in a development table and the resiting of the wall only breaches a requirement about plot ratio in the exemption in the relevant development table, the resiting is not prevented by this section because a breach of a plot ratio requirement in the development table is not excluded by this section or the general exemption criteria.
4 An external deck with a finished floor level of 1m is built so that one side of it is 1.4m from a side boundary. Under sch 1, s 1.48 (2) (b) any part of the deck that is within 1.5m of the side boundary must have a finished floor level of not more than 0.4m above natural ground level. The siting of the deck is within the allowed tolerance under par (b) because it breaches the siting requirement by only 100mm.
Note 1 The development, as changed in accordance with this section, must also comply with the general exemption criteria, see s 20 (2) and s 35.
Note 2 A change to the height of the finished floor level of the level immediately above a basement may mean that the space is counted as a storey and may also affect the calculation of gross floor area (see territory plan (13 Definitions), defs basement and storey ).
Note 3 An example is part of the regulation, 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).
(3) In this section:
"applicable siting criteria", in relation to a point of a building or structure on a block, means the criteria about the horizontal siting of the point on the block under—
(a) if the building or structure would be covered by a development approval other than for its horizontal siting on the block—the approval; or
(b) if the building or structure would be a sch 1 exempt development other than for its horizontal siting on the block—schedule 1, part 1.3 (Exempt developments); or
(c) if the building or structure would be an exempt development under the relevant development table other than for its horizontal siting on the block—the table.
"easement" means an easement registered, or shown on a certificate of title, under the Land Titles Act 1925 .
"on", a block, or a boundary of a block, includes above or below ground level for the block or boundary.
1A.11 Permitted variations—height tolerances for buildings and structures
(1) This section applies to the vertical siting on a block of a building or structure that does not comply with the applicable height criteria.
(2) The building or structure must be vertically sited so that—
(a) for any point of the building or structure that the applicable height criteria allows or requires to be sited at a particular height—
(i) the point is sited wholly within the lease to which the point relates and is not more than 340mm above or below where the applicable height criteria allow or require the point to be sited; but
(ii) if the point is the sill of an exterior window—the sill is not more 50mm closer to the finished floor level immediately adjacent to the window's sill; and
Example—subpar (i)
A multistorey block of apartments is divided into separate units under the Unit Titles Act 2001 . Each apartment must be within the spatial lease for the unit.
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).
(b) compared to the approved development or exempt development, the building or structure does not do any of the following:
(i) increase the diversion or concentration of the flow of surface water—
(A) in a way that causes ponding; or
(B) onto other land;
Note Surface water —see the Water Resources Act 2007 , s 8.
(ii) reduce the accessibility of the building or structure for people with disabilities;
(iii) change the number of stories in the building or structure.
Note 1 The development, as changed in accordance with this section, must also comply with the general exemption criteria, see s 20 (2) and s 35.
Note 2 A change to the height of the finished floor level of the level immediately above a basement may mean that the space is counted as a storey and may also affect the calculation of gross floor area (see territory plan (13 Definitions), defs basement and storey ).
(3) In this section:
"applicable height criteria", in relation to a point of a building or structure, means the criteria about the height of the point under—
(a) if the building or structure would be covered by a development approval other than for the height of the point—the approval; or
(b) if the building or structure would be a sch 1 exempt development other than for the height of the point—schedule 1, part 1.3 (Exempt developments); or
(c) if the building or structure would be an exempt development under the relevant development table other than for the height of the point—the table.
Part 1A.3 Other permitted variations
1A.20 Other permitted variations to approved developments and exempt developments
(1) This section applies to a matter mentioned in table 1A.20, column 2.
(2) A designated development for the matter must be carried out in accordance with the provision of schedule 1 (Exemptions from requirement for development approval) mentioned in table 1A.20, column 3 in relation to the matter.
Table 1A.20 Other permitted variations
| 1 | internal alteration of class 1 building | s 1.20 |
| 2 | installation, alteration or removal of external door or window in building |
s 1.21 or s 1.21A |
Note See the examples to sch 1, s 1.16.