Reply To: Building Regulations – Schedule 8

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#2831
Marcus Collard
Participant

Phil,
They need to be classified in accordance with their use.
As a carport they would be a class 10a structure.

They are not exempt under Item 1 of Schedule 8 as they exceed 10m2 and located in front of the dwelling.

Item 7 of schedule 8 provides an exemption for temporary structures other than prescribed temporary structures.
But there is no definition of temporary in the Act or Regulations. This leaves it open to interpretation.
You may want to think of what the purchaser had in mind as the length of time they want to use the building. I don’t believe any owner would purchase such a structure to have it in place for only a temporary period of time, therefore the exemption does not apply.

Item 16 of schedule 8 provides an exemption for a pergola.
These structures may be defined as a pergola and provided they comply with the 3.6m height, 20m2 maximum floor area and no further forward then 2.5m of the front wall of the dwelling they could be exempt.

If in doubt, especially regarding “temporary” the owner can apply to the BAB for a determination that they comply with Regulation 1802.
Or the MBS can serve a building notice and the owner can appeal to the BAB the issue of the notice on the basis the structure is exempt as it is temporary.

That way you have a definitive answer from the BAB.

Marcus Collard
Macedon Ranges Shire