Building Amendment Regulations 2021 (WA)
13 April 2021 GOVERNMENT GAZETTE, WA 1389 INDUSTRY REGULATION
1S301
Building Act 2011
Building Amendment Regulations 2021
SI. 2021/42
Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.1. Citation
These regulations are the Building Amendment
Regulations 2021.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on 1 May 2021.
3. Regulations amended
a Class 1 building —
These regulations amend the Building Regulations 2012.
4. Regulation 3 amended
In regulation 3 in the definition of bush fire performance
requirement:
(a) in paragraph (a) delete "building —" and insert: building or a Class 10a building or deck associated with
a Class 2 or Class 3 building —(b) in paragraph (b) delete "or Class 10 building —" and insert: building or a Class 10a building or deck associated with
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5. Regulation 18A amended
In regulation 18A(1)(e)(ii) delete "regulation 31BA(2)," and insert:
regulation 3 1 BA(1) or 3 ID,
6. Regulation 31BA amended
(1) In regulation 31BA(1A) delete the definition of relevant
building.(2) In regulation 31 BA( 1 A) insert in alphabetical order: bush fire standard means -
(a) a bush fire performance requirement; or (b) to the extent not covered by paragraph (a), a requirement imposed under any written law that is a requirement relating to - (i) a technical aspect of the construction of a building or incidental structure; and
(ii) bush fires;
Note for this definition:
Paragraph (b) includes, for example, requirements imposed under the Building Regulations 1989.
relevant building means a Class 1, Class 2 or Class 3
building that was not required to comply or
substantially comply with a bush fire standard at thelatest of the following times -
(a) when the building was constructed; (b)
if 1 or more applications or notices under section 49(b) or 51(2) or (3) or regulation 47(1)
have been made or given in respect of the building - when the application or notice, or
the last application or notice, was made or
given;
(c)
if the building has been relocated - when the building was last relocated.
(3) Delete regulation 31 BA( 1) to (8) and insert:
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
set out in Column 2 of the Table are prescribed as
applicable building standards for the purposes set out
in Column 1 of the Table opposite the standards.
13 April 2021 GOVERNMENT GAZETTE, WA 1391 Table
Item Column 1 Column 2
Purposes Applicable building standards
Section 19(3) in The requirements mentioned in respect of all regulation 31 A(2) except that the kinds of bush fire performance buildings and requirements are not applicable incidental building standards if— structures (a) the building or incidental located in a bush structure is or will be fire prone area located in an area that, at
any time during the
4-month period ending on
the day on which the
application is made, was not
a bush fire prone area; or
(b) proposed to be done in
respect of the building or
incidental structure isthe building work that is only; or
(c)
the building or incidental structure is or will be -
(i)
a Class lOa building or deck; and
(ii)
associated with a relevant building.
2. Section 37(1) in The requirements mentioned in respect of all regulation 31 A(2) except that the
kinds of bush fire performance buildings and requirements are not applicable incidental building standards if— structures (a) the building or incidental
located in a bush structure is located in an fire prone area area that, at any time during
the 4-month period ending
on the day on which the
application for the building
permit was made, was not a
bush fire prone area; or
(b)
the building work done in respect of the building or incidental structure under the building permit is
excluded building work
only; or
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Item Column 1 Column 2
Purposes Applicable building standards
(c) the building or incidental
structure is -(i) a Class 1 Oa building or deck; and
(ii) associated with a relevant building.
Note for this item:
See also regulation 31 HB(2).
3. Section 37(2) in The requirements mentioned in respect of all regulation 31 E(2) except that the kinds of bush fire performance buildings and requirements are not applicable incidental building standards if— structures
(a) the building or incidental
located in a bush structure is located in an fire prone area area that, at any time during
the 4-month period ending
on the day on which the
building work in respect of
the building or incidental
structure commenced, was
not a bush fire prone area;
or
(b)
the building work done in respect of the building or incidental structure is
excluded building work
only; or
(c) the building or incidental
structure is -
(i) a Class 1 Oa building or deck; and (ii) associated with a relevant building. Note for this item:
See also regulation 31 HB(3).
13 April 2021 GOVERNMENT GAZETTE, WA 1393
Item Column 1 Column 2
Purposes Applicable building standards
4. Section 57(3) The requirements mentioned in for an regulation 31 G(2) except that the application bush fire performance mentioned in requirements are not applicable section 49(b) in building standards if the respect of all building is located in an area kinds of that, at any time during the buildings 4-month period ending on the located in a bush day on which the application is fire prone area made, was not a bush fire prone
area.5. Section 57(3) The requirements mentioned in for an regulation 31 G(2) except that the application bush fire performance mentioned in requirements are not applicable section 51(2) in building standards if - respect of all
(a) the building is located in an
kinds of area that, at any time during buildings the 4-month period ending located in a bush on the day on which the fire prone area application is made, was not
a bush fire prone area; or
(b) the unauthorised work done in respect of the building is excluded building work only.
6. Section 57(3) The requirements mentioned in for an regulation 31 G(2) except that the
application bush fire performance mentioned in requirements are not applicable section 51(3) in building standards if— respect of all (a) the building or incidental
kinds of structure is located in an buildings and area that, at any time during incidental the 4-month period ending structures on the day on which the located in a bush application is made, was not fire prone area a bush fire prone area; or
(b)
the unauthorised work done in respect of the building or incidental structure is
excluded building work
only; or
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Item Column 1 Column 2
Purposes Applicable building standards
(c) the building or incidental
structure is -(i) a Class 1 Oa building or deck; and
(ii) associated with a relevant building.
(2) Item 1, 2 or 3 (as the case may be) of the Table to
subregulation (1) does not apply if the building work is
the assembly, reassembly or securing of a relocated
building or a relocated incidental structure.Note for this subregulation: See also regulation 31 D.
(3) Column 2 paragraph (b) of item 1, 2, 3, 5 or 6 (as the
case may be) of the Table to subregulation (1) does not
apply if the excluded building work is part of a larger
project of building work that has been divided up for
the sole or dominant purpose of taking advantage of
that paragraph.(4) In determining whether building work is excluded
building work for the purposes of Column 2
paragraph (b) of item 2 or 3 (as the case may be) of the
Table to subregulation (1), the definition of that term in
subregulation (1 A) applies as if the definition of
relevant building had not been replaced by the
Building Amendment Regulations 2021 regulation 6(1)
and (2) if—
(a) in the case of item 2— the building permit for
the building work was obtained before 1 May 2021; or
(b) in the case of item 3 - the building work commenced before 1 May 2021.
7. Regulation 31D amended
(I) Before regulation 3 I D( IA) insert: (I AA) In this regulation -
relevant building has the meaning given in
regulation 3 1BA(1A).
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(2) In regulation 31D(2) delete "mentioned in regulation 31A(2)"
and insert:in relation to the technical aspects of the construction of the relocated building or incidental structure that were imposed under the written law applicable at the time the relocated building or incidental structure was first assembled, (3) In regulation 31 D(3) delete the passage that begins with "The building standards" and ends with "incidental structure." and insert: The applicable building standards include those that relate to a performance requirement that is -
(a) listed in the Table; and (b) applicable to buildings or incidental structures of the classification of the relocated building or incidental structure; and (c) set out in the edition of the Building Code - (i) for sections 19(3) or 37(1) - mentioned in regulation 31 A(2)(a), (b) or (c), subject to regulation 31 A(2A) and (3); or
(ii) for section 3 7(2) - in effect at the time the assembly, reassembly or securing of the relocated building or incidental
structure commenced.
(4)
In regulation 31 D(4) delete the passage that begins with "The building standards" and ends with "incidental structure." and insert:
The applicable building standards include those that
relate to a performance requirement that is -
(a) listed in the Table; and (b) applicable to buildings or incidental structures - (i) of the classification of the relocated building or incidental structure; and
(ii) in the geographical area where the was first assembled;
and
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(c) set out in the edition of the Building Code in
effect -(i) if subparagraph (ii) does not apply - at the time of, or 12 months before, the first application for a building permit to assemble the relocated building or incidental structure (whichever was applied by the building surveyor in respect of the building or incidental structure); or
(ii) if no building permit to assemble the relocated building or incidental structure has ever been required - at the time of the first assembly of the relocated building or incidental structure.
(5) At the end of regulation 31 D(4) insert: Note for this subregulation:
This subregulation does not apply if the conditions in paragraph (c) cannot be met because -
(a)
a building permit to assemble the relocated building or incidental structure has been required but none has ever been applied for; or
(b)
no edition of the Building Code was in effect at the relevant time mentioned in paragraph (c).
(6) Delete regulation 31D(5) and insert:
(5) The bush fire performance requirements are not
applicable building standards for the purposes of the
section set out in Column 1 of the Table in the circumstances set out in Column 2 of the Table opposite the section.
Table
Column 1 Column 2 Section Circumstances
s. 19(3) If—
(a) the relocated building or incidental
structure will be relocated to an area
that, at any time during the 4-month
period ending on the day on which the
application is made, was not a bush
fire prone area; or
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Column 1 Column 2
Section Circumstances
(b) the relocated building or incidental
structure -
(i)
is a Class lOa building or deck; and
(ii)
will be associated with a relevant building once relocated.
s. 37(1) If—
(a) the relocated building or incidental structure is relocated to an area that, at any time during the 4-month period ending on the day on which the application for the building permit was made, was not a bush fire prone area; or (b) the relocated building or incidental structure - (i) is a Class lOa building or deck; and
(ii) is associated with a relevant building once relocated.
Note for this item:
See also regulation 31HB(2).
s.37(2) If—
(a)
the relocated building or incidental structure is relocated to an area that, at any time during the 4-month period ending on the day on which the
assembly, reassembly or securing of the relocated building or incidental
structure commenced, was not a bush
fire prone area; or
(b)
the relocated building or incidental structure -
(i)
is a Class lOa building or deck; and
(ii)
is associated with a relevant building once relocated.
Note for this item:
See also regulation 31 HB(3).
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8. Regulation 31E amended
In regulation 31E(2) delete "construction commenced." and insert:
the building work mentioned in section 37(2) commenced.
9. Regulation 31HB inserted
At the end of Part 4 Division 1 Subdivision 1 insert:
31HB. Transitional provisions for Building Amendment
Regulations (No. 3)2015
(1) In this regulation -
commencement day means the day on which the
Building Amendment Regulations (No. 3) 2015
regulation 6 comes into operation;
local planning scheme has the meaning given in the
Planning and Development Act 2005 section 4(1).(2)
For the purposes of item 2 Column 2 paragraph (a) of the Table to regulation 31 BA( 1), and the item relating to section 37(1) in the Table to regulation 31D(5), the area is taken to have been a bush fire prone area for the
whole of the 4-month period if—
(a) immediately before commencement day, the area was identified in any way under a local planning scheme as an area that is subject, or likely to be subject, to bush fires; and
(b)
the application for the building permit was made in the 4-month period beginning on commencement day.
(3)
For the purposes of item 3 Column 2 paragraph (a) of the Table to regulation 31 BA( 1), and the item relating to section 37(2) in the Table to regulation 31D(5), the area is taken to have been a bush fire prone area for the
whole of the 4-month period if—
(a) immediately before commencement day, the area was identified in any way under a local planning scheme as an area that is subject, or likely to be subject, to bush fires; and
(b)
the building work commenced in the 4-month period beginning on commencement day.
13 April 2021 GOVERNMENT GAZETTE, WA 1399 10. Regulation 31 amended
In regulation 31 in the definition of transitional bush fire application paragraph (a) delete "1 May 2021; and" and insert:
1 September 2023; and11. Regulation 36 amended
In regulation 36(2):
(a) in paragraph (aa)(ii) delete "has been located in a bush fire prone area for a period of 4 months or more at the
time the application is made -" and insert:is located in a bush fire prone area and, in accordance
with item 4 of the Table to regulation 31 BA( 1), a bush
fire performance requirement applies to the building -(b) in paragraph (ba)(ii) delete "has been located in a bush fire prone area for a period of 4 months or more at the
time the application is made -" and insert:accordance with item 5 or 6 (as the case may be) of the
or deck is located in a bush fire prone area and, in requirement applies to the building or deck -
12. Regulation 47 amended
(1) In regulation 47(1A) in the definition of applicable technical aspects delete paragraph (b)(ii) and insert:
(ii) at any time during the 4-month period ending on the day on which the notice is given, the area was not a bush fire prone area.
(2) In regulation 47(2)(b)(ii) delete "has been located in a bush fire prone area for a period of 4 months or more at the time" and
insert:was located in a bush fire prone area during the whole of the
4-month period ending on the day on which
N. HAGLEY, Clerk of the Executive Council.
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