Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 2 Permitted construction tolerances
(see s 7)
In this schedule:
"approved development" means development covered by a development approval.
"exempt development" means development exempt from requiring development approval under this regulation.
Part 2.2 Permitted construction tolerances
2.2 Horizontal siting tolerances for buildings and other structures
(1) This section applies to the horizontal siting on a block of a building or other structure that does not comply with the applicable siting criteria.
(2) This section does not apply if—
(a) a relevant solar building envelope applies to the block; and
(b) any point of the building or structure extends beyond the relevant solar building envelope (an encroachment ); and
(c) the encroachment is not permitted by a development approval or exemption declaration.
(3) 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 50mm 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;
(ii) change the number of stories in the building or structure.
Example — s (3)
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.
Note 1 The development, as changed in accordance with this section, must also comply with the general exemption criteria.
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.
(4) If the territory planning authority makes an exemption declaration that extends the permitted horizontal dimension of a dwelling, the distance of 340mm mentioned in subsection (3) (b) is reduced—
(a) if the dimension is extended by not more than 290mm—by the extended distance stated in relation to the dimension in the exemption declaration; or
(b) if the dimension is extended by more than 290mm—by 290mm.
(5) In this section:
"applicable siting criteria", in relation to a point of a building or other 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 exempt development other than for its horizontal siting on the block—schedule 1, part 1.4 (Development exempt from development approval).
"on", a block or a boundary of a block, includes above or below ground level for the block or boundary.
2.3 Height tolerances for buildings and other structures
(1) This section applies to the vertical siting on a block of a building or other structure that does not comply with the applicable height criteria.
(2) This section does not apply if—
(a) a relevant solar building envelope applies to the block; and
(b) any point of the building or structure extends beyond the relevant solar building envelope (an encroachment ); and
(c) the encroachment is not permitted by a relevant development approval or exemption declaration.
(3) 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 than 50mm closer to the finished floor level immediately adjacent to the window's sill; and
Example—par (a) (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.
(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;
(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.
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.
(4) If the territory planning authority makes an exemption declaration that extends a permitted height criterion of a dwelling, the distance of 340mm mentioned in subsection (3) (a) (i) is reduced—
(a) if the criterion is extended by not more than 290mm—by the extended distance stated in the exemption declaration for the criterion; or
(b) if the criterion is extended by more than 290mm—by 290mm.
(5) 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 exempt development other than for the height of the point—schedule 1, part 1.4 (Development exempt from development approval).
"lease" includes a land sublease.