Back
logos

Standard Limitations

Standard Limitations

These limitations are mandatory requirements (where applicable).
They must be reviewed and considered before undertaking any Category 1 or Category 2 work.
If the work does not comply with the Standard Limitations the work is not deemed Low Risk.

Cut or fill limits (Low Risk Work)

By Owner or a Competent Person
  • Within 1.5m from an allotment boundary – maximum cut or fill is 500mm
  • More than 1.5m from an allotment boundary – maximum cut or fill is 1.2m
By a Licensed Builder
  • Within 1.5m from an allotment boundary – maximum cut or fill is 500mm
  • More than 1.5m from an allotment boundary – maximum cut or fill is 1.8m.

Building or demolition work in Hazardous Areas

The types of building or demolition work that specified in these Director’s Determinations, are categorised as Notifiable Work (provided that it has not already been categorised as Permit Work).
This means some types of Low Risk Work are elevated to Notifiable due to the potential higher risks from work in hazardous areas.

What types of natural hazards are covered by these Determinations?
  • Bushfire
  • Landslip
  • Coastal Inundation
  • Coastal Erosion
  • Riverine Inundation (Flood Prone Areas)
Where are these additional building requirements found?Determinations made by the Director provide the requirements for work in these types of areas are available on the CBOS website - www.cbos.tas.gov.au.

Fire separation for Low Risk Structures

  • If the proposed Class 10a building will not comply with (a), (b), (c) or (d) as below, whichever are applicable, the proposed work becomes Notifiable Building Work.
  • As Notifiable Building Work the building surveyor is to ensure that the proposed building will comply with the relevant fire separation requirements of the National Construction Code when performing their assessment for a Certificate of Likely Compliance.
(a)Class 10a building between, or adjacent to, a Class 1 building and an allotment boundary:

Where a Class 10a building is proposed to be located between, or adjacent to, a Class 1 building and the allotment boundary, the proposed Class 10a building must be located not less than 900mm from either the:

  • Allotment boundary; or
  • The Class 1 building to which it is appurtenant.

Explanatory Note:

If a shed is being built between the house and the boundary, the new shed needs to be at least 900mm away from either:

  • the property boundary; or
  • the owners house
(b)Class 10a building between or adjacent to a Class 1 building it is associated with and another habitable building on the same allotment

Where a Class 10a building is proposed to be located between, or adjacent to, a Class 1 building it is associated with and another habitable building on the same allotment, the proposed Class 10a must be located not less than 1800mm from either the:

  • Other habitable building on the allotment; or
  • The Class 1 building to which it is appurtenant

Explanatory Note:

  • If the new shed structure will be attached to the house then no part of the new shed can be closer than 1800mm from any other habitable building on the same allotment.

Or

  • If the new shed structure will be closer than 1800mm to another habitable building on the same allotment, the new shed structure must be more than 1800mm away from the house.
(c)Two or more Class 10a buildings on the same allotment located between and associated with different Class 1 buildings:

Where a Class 10a building is proposed to be located between or adjacent to a Class 1 building it is associated with and another Class 10a building associated with another Class 1 building on the same allotment:

  • Each class 10a building must be separated from each other by not less than 1800mm if physically connected with the Class 1 buildings, or;
  • Each Class 10a building must be separated from each Class 1 building by not less than 900mm if not physically connected with the associated Class 1 buildings.
  • See Figure 1 for further explanation.
(d)CarportsA Class 10a carport is subject to the applicable separation distances in (a), (b) and (c) above unless an owner obtains a statement from a building surveyor confirming that the proposed work complies with the Fire Safety requirements for Open Carports in Part 3 of the National Construction Code.

If a statement is obtained from a building surveyor stating that the proposed work complies with Part 3, this statement is to be provided to council as part of a notification after completion of the work using Form 80.
Figure 1

Outline of buildings physically connected to the Class 1a Buildings, showing the distance between the 10a structure and the next structure cannot be less than 1.8m. Second outline is buildings separated from Class 1a buildings with a distance between the 10a structure and the 1a structure not to be less than 900mm.

Work over or near easements or affecting infrastructure or services

A person must not perform any building work:
  • over an existing drain or within one metre from the edge of an existing drain measured horizontally, unless the owner of the building obtains written consent from the general manager of the council for the municipal area where the work is performed.
  • within a service easement unless the person obtains written consent to do so from the person on whose behalf the service easement was created.
  • over an on-site wastewater management systems or its land application area.
  • within 1m of an onsite gas service for the purposes of connecting that property to a gas service.
  • within a strategic gas pipeline easement either TasGas Pty Ltd or Tasmanian Gas Pipeline Pty Ltd.

Works, including installation of services (other than those crossing perpendicular +/- 15 degrees to TasWater infrastructure), must also be outside of TasWater easements as shown on title documents and not within 2m of TasWater infrastructure.

Protection Work - Safety of adjoining properties

Protection Work means work that provides protection from damage to the adjoining premises, or users of those premises.

If proposed building work is close to an adjoining property, an owner may be required to carry out protection works to ensure that the neighbouring property is not damaged by the work. Protection works should extend to preventing personal injury to users of adjoining land, road or footpaths and workers where the building is being built.

Protection work is work that involves taking measures to protect any adjoining property from damage due to the performance of building work, demolition work or some types of plumbing work, including but not limited to:

  • Underpinning, including vertical support, lateral support, protection against variation in earth pressures, ground anchors and other means of support for the adjoining property;
  • Shoring up of the adjoining property including retaining walls and bored piers;
  • Overhead protection for adjoining property;
  • Other work designed to maintain the stability of adjoining property or to protect it from damage from building work including retaining walls and bored piers;
  • Any work or use of equipment necessary for the construction, maintenance or removal of building work or equipment, whether or not the work or equipment is carried out or used on, over, under, or in the air space above the land on which the building work is, or is to be carried out, or the adjoining property.

When protection work is required the owner is to engage the services of a building surveyor to oversee the protection work process.

For comprehensive detail regarding the application and requirements relating to protection work refer to the Director’s Determination – Protection Work available at wwww.cbos.tas.gov.au.

Last updated: 15 Nov 2021

This page has been produced and published by the Consumer Building and Occupational Services Division of the Department of Justice. Although every care has been taken in production, no responsibility is accepted for the accuracy, completeness, or relevance to the user's purpose of the information. Those using it for whatever purpose are advised to verify it with the relevant government department, local government body or other source and to obtain any appropriate professional advice. The Crown, its officers, employees and agents do not accept liability however arising, including liability for negligence, for any loss resulting from the use of or reliance upon the information and/or reliance on its availability at any time.