Subdivision statements pursuant to Building Regulation 231
Our team can assist in providing the following services in relation to the subdivision of buildings:
- Building inspections and reports pursuant to Building Regulation 231
- A statement confirming the existing buildings when subdivided will comply with the current regulations
Note: Only a Municipal Building Surveyor or a private building surveyor who has issued the building permit for the works in question can certify compliance with, or grant exemptions under Regulation 231. However, if we were to carry out an inspection, identify non-compliances and issue a building permit for building work, we are then deemed the Relevant Building Surveyor for the rectification work and may then provide a statement pursuant to Building Regulation 231.
- Written statements indicating the proposed subdivision boundaries comply with the Fire Separation Provisions of the Building Code of Australia (BCA) including separating walls and openings near boundaries, together with the requirements of the Building Regulations
Regulation 231 – Subdivision of existing building
- Subject to regulation 233, if an existing building, whenever constructed, is subdivided, each building resulting from the subdivision must be brought into conformity with these Regulations.
- Despite subregulation (1), the municipal building surveyor may exempt a building from all or any of the requirements of subregulation (1).
- In deciding whether to grant an exemption under subregulation (2), the municipal building surveyor must take into account—
- the structural adequacy of any building to which the exemption applies; and
- the requirements necessary to make reasonable provision for—
- the amenity of any building and the safety and health of people using any building to which the exemption applies; and
- avoiding the spread of fire to or from any adjoining building.
- An exemption granted under subregulation (2) must be in the form of Form 18.
Regulation 232 – Private Building Surveyor may exercise functions of Municipal Building Surveyor under Regulation 231
A private building surveyor may exercise the functions of the municipal building surveyor under regulation 231 in the case of building work for which the private building surveyor has been appointed to issue a building permit
Phase 1 - Inspection and Report
- Carry out an inspection of each building required to be subdivided. At this time, we will require unobstructed access to the building and may require elements of the building to be exposed to assess compliance.
- Prepare Regulation 231 Report of non-compliances ( if any)
Phase 2 - Compliance Report
- Where we find that the buildings are not compliant, we will provide you with a summary of the non-compliances which need to be addressed prior to compliance being achieved.
- Any works which are not exempt from a building permit under schedule 3, for example works in connection with fire separation, will require a building permit for rectification.
- In the event that a building permit is required for rectification works, we will be pleased to provide you with a fee proposal for a building permit should the need arise. Please be aware that only a Municipal Building Surveyor or a Private Building Surveyor who has issued a building permit for building works is permitted to allow partial compliance pursuant to Regulation 232. i.e. Where we are engaged to issue a building permit for building work, we may consent to partial compliance for such work.
Phase 3 - Regulation 233 Statement
- In the event you have demonstrated compliance with the current regulations or an exemption has been granted which meets the criteria detailed in Regulation 233 we will issue a statement of compliance stating that when subdivided the buildings will comply with the current regulations.
Documentation
To enable us to fast track your application the following documentation is required to accompany an application for a Regulation 231 inspection and report:
- The original building permit and associated approved documentation
- The planning permit and stamped plans for subdivision
- A current title and plan of subdivision