DIVISION VII-HEALTH DIVISION VII-HEALTH AND AMENITY Part 44-Drainage of Building and Site
DIVISION 11-GENERAL DIVISION 11-GENERAL PROVISIONS PART 8-BUILDING APPLICATIONS
8.1 (1) Plans and Specifications. Before building work is commenced:- (i) such number of copies as the Local Authority may require-
(a) of the plans and specifications of the building work;
(b) of a plan and specification of any fences already erected or to be erected on the allotment or on the boundaries of the allotment;
(c) of such calculations of stress and other technical details of or relating to the building work as may be prescribed or as may be required by the building surveyor; and (ii) a written application for approval in or to the effect of the
form set out in Appendix 3 and such other information as the Local Authority may require,
shall be submitted to the Local Authority.
The plans of the building work shall be drawn to scale and consist of a general plan and site plan.
(2) Responsible Design. Where an application for approval relates to-
(a) the erection of a building having a floor area greater than 400
m2
or an addition to a building whereby the floor area 1s caused to be increased by more than 400 m2; or80 8.2 BUILDING ACT 1975-1984
(b) the erection of any building or any alteration of any building in the course of which it is necessary to build or alter any reinforced concrete frame or steel frame or construction including a steel roof truss; or
(c) the erection of any building exceeding two storeys in height;
or
(d) the addition of a structure, or part of a structure, to a building containing two or more storeys, or the addition of more than one storey to a building containing one storey;
or
(e) the alteration of any building exceeding two storeys in height in such manner as to interfere with any structural load bearing member or part, or alter the stresses transmitted by such member or part,
the drawings, specifications and other required documents shall be prepared by a registered architect or registered professional engineer and shall bear his name indicating acknowledgement of authorship:
Provided that the Local Authority may exempt the application from complying with the provisions of this subclause, save that the designer seeking exemption shall be required to acknowledge authorship, where the following conditions are met in a manner satisfactory to the Local Authority:-
(i) The function and plan of the building are of a conventional nature and based on commonly accepted and easily identifiable principles well established by tradition; and (ii) The proposed structure requires for its design no skills other
than a sound knowledge of standard building construction and the accepted building trade practices; and
(iii) Examples of buildings for which this exemption is sought shall have been commonly known in the Local Authority Area over a period of time.
As amended by Orders in Council published Gazette 6 March 1976, pp. 866-7; 27 March 1976, p. 125 1; 13 November 1976, p. 1 165.
8.2 Structural drawings. Approval subject to conditions. Where an application for the approval of plans and specifications of a building necessitates the submission of a structural engineer's drawings or other engineering details prepared by a structural engineer, such drawings or details may be omitted from the plans and specifications at the time of lodging the application. If the application is approved by the Local Authority, such approval shall be subject to the following conditions-
(a) work on the footings shall not be commenced until full engineering details relating thereto have been submitted to and approved by the Local Authority; and
(b) no stage of the building work other than footings shall be commenced until full engineering details relating to that stage of the building work and such other stages as may be
BUILDING ACT 1975-1 984 8.3 8 1
specified by the Local Authority have been submitted to and approved by the Local Authority.
8.3 (1) Notices to Local Authorities. When giving approval, the Local Authority may impose a condition that notice in writing shall be given before all car any of the following works or stages of construction are complete in order that they may be inspected:-
(a) trenches before footings are laid;
(b) footings before trenches are filled in;
(c) drains before they are covered in; and
(d) such other works at such stage or stages of construction as the Local Authority may require.
(2) The minimum period of time for such notice in writing shall be fixed by the Local Authority, but shall not exceed forty-eight hours.
Further substituted by Order in Council published Gazette 15 May 1982, pp. 335- 399.
8.4 Local Authority may dispense with submissions of plans, specifications and applications in some circumstances. Notwithstanding anything to the contrary in this Part the Local Authority may, if it sees fit, dispense with the necessity for the submission of-
(a) a plan and specification of fences;
(b) plans and specifications to make minor alterations in an existing building; or
(c) an application and plans and specifications for the erection of a building or other structure to be used exclusively for the purpose of a green-house, conservatory, summer-house, private boat-house, fuel shed, tool-house, cycle shed, aviary, milking bail, hay shed, stable, fowl-house, pigsty, barn or the like or a swimming pool (being of a capacity less than
10 000
1
and complying with By-law 53.1 (1)).As amended by Order in Council published Gazette 26 February 1983, pp. 697-704.
8.5 Submission of survey certificates. (1) General. The Local Authority may, in respect of an application to erect a building, require the submission of an identification survey in the cases, and subject to the conditions, set out in this By-law.
( 2 ) Prior to determining application. The Local Authority may, prior to determining the application, require the submission of an identification survey setting out the boundaries of the site and the location of the building proposed to be erected thereon and the location of any existing buildings on the site. If such survey, together with a true copy thereof, is submitted with the application for approval to erect the building, it shall not be necessary to submit a site plan to comply with subclause (1) of By-law 8.1.
( 3 ) When giving approval to building application. When giving approval for the erection of a building, the Local Authority may, subject to subclause (4) of this By-law, impose a condition that an identification
82 - 8.6 BUILDING ACT 1975-1 984
survey shall be submitted to the Local Authority setting out the boundaries of the site, and the actual situation of the building on the site. Such survey shall be furnished at the earliest stage (which stage shall be specified by the Local Authority when giving its approval in the particular case) at which the actual location of the building on the site may be established.
(4) Class I and Class X buildings. Subclause (3) of this By-law shall not apply in the case of a Class I building or a Class X building appurtenant thereto except where-
(a) the Local Authority is of opinion that the levels or width of the allotment or other exceptional conditions of the site necessitate the submission of an identification survey as mentioned in that subclause; and
(b) the Local Authority determines by resolution in the individual case that such a survey shall be submitted.
8.6 Approval or Disapproval of Building Work. ( 1 ) A Local Authority-
(a) shall obtain a report from the Building Surveyor as to whether the proposed building work complies with these By-laws;
(b) may require any environmental impact study pursuant to Section 3 2 ~ of the Local Government Act to include reference to the ground level wind effects of tall buildings; and (c) shall consider the plans, drawings and specifications together
with the report of the surveyor and any Environmental Impact Study.
(2) The approval of building work or the notice of reasons for refusal shall be given by the Local Authority concerned-
(a) within 40 days from the date of receipt by it of the application to which it relates; or
(b) if. before the expiration of that 40 days the Local Authority has. with the prior approval of the Minister, by notice given to the applicant before the expiration of the aforesaid period of 40 days, extended such period, within the period specified in the notice of extension.
( 2 ~ ) A period extended by a Local Authority pursuant to subclause (2) (b) hereof may be further extended for one or more periods by notice served upon the applicant before the expiration of the next previous extended period: Provided that the approval of the Minister shall be obtained prior to any extention by a Local Authority of a period pursuant to this provision.
(3) The approval of any building work shall become void if- (a) the building work is not commenced within twelve months
after the day on which the approval was given; or
BUILDING ACT 1975-1984 8.7 83
(b) the building work is not substantially completed within the following periods from the date on which the approval was given:
(i) such period of not less than eighteen months as the Local Authority, upon due consideration of the extent of the proposed building work, stipulates in the approval; or (ii) if no period for completion is stipulated in the approval,
the following periods:-
(A) Class I and Class X buildings-1 8 months;
(B)
Buildings of all other classes-3 years.(4) Notwithstanding the provisions of subclause (3) the Local Authority may, at any time before the expiration of any of the periods referred to in subclauses (3) (a) and (3) (b), extend such period.
(5) The owner may at any time submit in accordance with these By-laws an application for approval of an alteration or modification of any plans, drawings and specifications previously submitted to the Local Authority pursuant to these By-laws, and the Local Authority shall deal with the application in all respects as it deals with the original plans, drawings and specifications under this Part.
As amended by Orders in Council published Gazette 23 September 1978, pp. 246- 7: 30 May 1981, p. 1035; 27 June 1981, pp. 1692-3; 15 May 1982, pp. 335-399.
8.7 Preservation of Documents. (1) Minimum Preservation Period.
The Local Authority shall preserve for a minimum period of 10 years- (a) all plans submitted for approval; and
(b) all other documents required by or pursuant to these By-laws to be submitted in connexion with an application for approval,
and shall maintain a register of all such plans and other documents.
(2) Discretionary Preservation. Upon the expiration of the period of 10 years referred to in subclause (1) the preservation of all plans and other documents held by the Local Authority shall be at its discretion.
8.8 Class I and Class X Buildings. (1) Building work relating to a building of Class I or Class X complying with the provisions of Appendix 4 shall be deemed to satisfy the requirements of the Standard Building By-laws to the extent that the Appendix 4 is applicable to the building work concerned.
Insened by Order in Council published Gazette 28 May 1981, pp. 787-996.
8.9 Application for preliminary decision as to application of BY-laws. ( I ) An application under section 30c of this Act shall be made In or to the effect of the form set out in Appendix 3 ~ .
(2) The application shall-
(a) be accompanied, where necessary, by drawings, drawn to a suitable scale, of the building or other structure referred to ln the application; and
84 9.1 BUILDING ACT 1975-1984
(b) include information to accurately identify the aspect of the design or method of construction of such building or other structure in respect of which the application is made.
(3) The applicant shall furnish such additional information and particulars as the Local Authority considers necessary and requests in writing.
(4) The Local Authority shall decide the application- (a) within forty days from the date of its receipt; or
(b) if, before the expiration of that forty days the Local Authority has, with the prior approval of the Minister, by notice given to the applicant before the expiration of the aforesaid period of forty days, extended such period within the period specified in the notice of extension.
(5) A period extended by a Local Authority pursuant to subclause (4) (b) may be further extended for one or more periods by notice served upon the applicant before the expiration of the next previous extended period: Provided that the approval of the Minister shall be obtained prior to any extension by a Local Authority of a period pursuant to this provision.
lnserred b) Order In Council publ~shed Gazette 27 June 1981. pp. 1692-1693.
DIVISION 11-GENERAL PROVISIONS