That’s a very interesting question. We don’t provide specific project advice, but are happy to provide an answer to a general query. To get to the access to premises standards query we need to work through the planning and building control legislation issues first.

Your request hilights the interdependency between planning and building control legislation. This varies on a state by state basis depending upon the relevant legislation and also whether each state has an integrated development framework or otherwise.

Planning legislation

Approval under planning is typically based on use of the land and or/nature of the work for an existing or proposed use. In some cases a range of concessions or exemptions may be applicable to encourage or allow certain types of use e.g. “home occupation”. Such use recognises how economic development can grow through microbusiness’s at home. It allows a use at a lower than normal intensity to be combined with what may otherwise be a mutually exclusive use under the planning legislation (and also under building legislation).

Building Control

Typically the state by state building legislation calls up the Building Code of Australia (BCA) to assist in classifying the use of a building. Its the classification, associated assumptions about risk, height and floor area that enables the requirement for life and fire safety, risk of spread of fire, health, amenity, energy efficiency and disabled access to be identified and applied.

Even though the descriptions of use may be similar for both planning and building the specific definitions in each legislative framework mean there can be significant differences in the interpretation and application of the terms. Further compounding possible confusion, is that the need for building approval can trigger planning (or development) approval, but not necessarily vice versa.

The structure and basis for application of the BCA is divided into a domestic code (Volume 2) and a non-domestic code (Volume 1). The two don’t mix. The Home Occupation example hilights the nature of the relationship between building control and planning legislation.

Under building control legislation in a non-domestic building where an activity is carried out that is in addition to, or even, ancillary to the major use, this may result in a mixed classification in Volume 1 of the BCA. If the building control use changes, planning approval may be required for the “change of use” before that building approval can be issued. (It also triggers an upgrade to the latest building control requirements.)

The mutual exclusivity of the domestic and non-domestic uses (or classifications) between the two BCA volumes means where a non-domestic use is identified the building control legislation can trigger the need for planning approval for what appears to be a change of use. In the case of a use like “Home Occupation” it’s only the concessions or exemptions in the planning legislation that stop planning approval being required for the additional non-domestic use.

So what happens in a building control sense? Remember there is no planning issue – its a permitted use. For home occupation the underlying use (in a planning sense) is as a dwelling. So if the home occupation is ancillary to the domestic use, under building control, Volume 1 of the BCA must apply so the classification is Class 1a. If you were to classify the building as a non-domestic classification this would then trigger a requirement for a planning permit for the change to the use (and we are back to where we were above!).

If you cannot have a domestic and non-domestic use together could it be a non-domestic type residential occupancy? Let’s have a look at the “residential” type occupancies in the non-domestic BCA they are:

Class 2 – dwelling above another dwelling
Class 3 – residential building which is a common place of long term or transient living for a number of unrelated persons e.g. hotel, motel, hostel, guest house etc.
Class 4 – where the dwelling is in the only dwelling in a building of another class e.g. think caretaker’s residence.

Our home occupation example certainly does not fit into any of these!

So, finally we get to the nub of the query – does the Access to Premises Standard apply to a domestic dwelling, that could have say “home occupation”?

No, in part 2.1 Scope of the (Access to Premises) Standard it does not state that the standard applies to Class 1a domestic dwellings.

For specific application of planning and building control legislation to your project in your state you need to seek professional advice. Thanks again for your query.

David Swinson, Editor.
The Building Regulations Blog.

A Class 1a building (a residential dwelling) – has applied to have the garage converted to a hairdressing salon (home business – exempt under the SEPP – but due to minor construction, development consent is sought).
There will be 2 additional car parking spaces provided for the business (and 2 retained for residential use behind the building line).

Does this change the overriding classification of the building to a combined 1a/6 classification ? The council is stating that the premises now need to comply with the Access to Premises Standards and the applicant will now need to provide a designated accessible parking space.

If this is correct – can the following clause be used ?
Clause D3.5 Accessible carparking,
(d) need not be designated where there is a total of not more than 5 carparking spaces, so as to restrict the use of the carparking space only for people with a disability.

The new Standards are certainly much needed, but are they applicable in this situation ?

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For electrical regulations see; http://www.erac.gov.au
“As a first step in implementing the recommendations of the Electrical Equipment Safety System Review ERAC has created a central portal for the making of applications for certification of electrical equipment under current electrical safety laws in Australia”, (direct quote from ERAC website).

For plumbing fittings regulations, the following is extracts from the Plumbing Codes of Australia 2011;

Part G1.1, “This part defines the certification and authorisation procedures for plumbing and drainage materials and products so that they may be used or installed in plumbing and drainage installations.”

Part G1.4, “A material or product that is listed on the WaterMark Product Database and is marked in accordancce with the WaterMark Certification Scheme is recognised by authorities having jurisdiction as being used for use in a plumbing or drainage installation.”

Hope this helps,
Janelle Smith

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What are the regulations regarding power points and plumbing fittings such as sinks, basins and troughs.

Regards

Brian

Assuming this relates to a commercial premises, the maximum legal height is 190mm, please note under the building code of Australia disabled access is required. Therefore a ramp would need to be provided.

Hope that helps,
David Swinson