Regulation 4B of the Principal Regulations is rescinded and the following regulation is substituted:

4B.     Minor alterations and minor repairs

(1)  For the purposes of section 60(2)(b) of the Act, proposed work is not a minor alteration or a minor repair if it –

(a) is the addition of a room; or

(b) affects the structural adequacy of the building including underpinning of foundations; or

(c) is a conversion of a non-habitable space, including an attic or a garage, into a habitable room; or

(d) requires specialist design input from a practitioner in an area such as foundations or geotechnical design, engineering, energy efficiency, building services or fire safety; or

(e) affects any matters that a permit authority would need to take into account under section 71 of the Act or regulation 18 ; or

(f) is work that is required to be referred to a reporting authority; or

(g) is work that a function control authority has advised is of interest to it; or

(h) is to a building on the Heritage Register; or

(i) affects the requirements necessary to avoid the spread of fire to or from any adjoining building; or

(j) subject to subregulation (2) , is work in a landslip area, or in a bushfire-prone area, or on land subject to flooding and would adversely affect the stability of the land, or resistance to bushfires or mitigation of flood damage; or

(k) is over any services or easements; or

(l) involves the demolition or removal of materials containing asbestos, unless it is exempt removal work within the meaning of the Work Health and Safety Regulations 2012 ; or

(m) impacts on the protection of any adjoining property; or

(n) will adversely affect the safety, health or amenity of people using the building; or

(o) impacts on the maintenance of any prescribed features or measures of the building; or

(p) would trigger a change in the building’s occupancy permit; or

(q) involves a change of use, or a change of building classification, of the existing building or of the part being altered.

(2)  Subregulation (1)(j) does not apply in respect of a bushfire-prone area if the building surveyor has received a certificate issued under section 266 of the Act stating that the alteration or repair does not give rise to an increased bushfire risk to the building.