Definitions

The following terms have defined meaning under relevant legislation. A summary is provided below, in alphabetical order.

Summary of definitions

Basic paling fence

Means a fence that consists of not more than:

  • a support structure; and
  • timber palings only as the fence's panelling; and
  • a capping rail.

Examples of fences that are not basic paling fences:

  • a paling fence with a lattice extension or panelling
  • a fence with brick piers separating paling panels

Block

Means a parcel of land, whether or not the subject of a lease

Building code

Means the Building Code of Australia prepared and published by the Australian Building Codes Board, as amended from time to time by the Australian Building Codes Board and the Australian Capital Territory Appendix to the Building Code of Australia

Building line

Means a line drawn parallel to any front boundary along the front face of a building or through the point on a building closest to the front boundary. Where a terrace, landing, porch, balcony or verandah is more than 1.5 metres above the adjoining finished ground level or is covered by a roof, it is deemed to be part of the building.

Class of a building

Means the classification of the building under the building classifications under the Building Code, which in summary are as follows.

Class 1

Means one or more buildings not located above or below another dwelling or another class of building other than a private garage, which in association constitute:

A Class 1A single dwelling being a detached house, or one of a group of two or more attached dwellings, each being a building, separated by a fire-resisting wall, including a row house, terrace house, town house or villa unit; or

A Class 1B boarding house, guest house, hostel or the like:

  • with a total area of all floors not exceeding 300 m2 measured over the enclosing walls; and
  • in which not more than 12 persons would ordinarily be resident.

Classes 1A and 1B are separate classes but class 1 means both class 1A and 1B.

Class 2

Means a building containing two or more sole-occupancy units each being a separate dwelling.

Class 3

Means a residential building, other than a building of class 1 or 2, which is a common place of long term or transient living for a number of unrelated persons, including:

  • a boarding-house, guest house, hostel, lodging-house or backpackers accommodation; or
  • a residential part of a hotel or motel; or
  • a residential part of a school; or
  • accommodation for the aged, children or people with disabilities; ora residential part of a health-care building which accommodates members of staff; or
  • a residential part of a detention centre.

Class 4

Means a dwelling in a building that is class 5, 6, 7, 8 or 9 if it is the only dwelling in the building.

Class 5

Means an office building used for professional or commercial purposes, excluding buildings of class 6, 7, 8 or 9.

Class 6

Means a shop or other building for the sale of goods by retail or the supply of services direct to the public, including:

  • an eating room, cafe, restaurant, milk or soft-drink bar; or
  • a dining room, bar, shop or kiosk part of a hotel or motel; or
  • a hairdresser¡¦s or barber¡¦s shop, public laundry, or undertaker¡¦s establishment; or
  • market or sale room, showroom, or service station.

Class 7

Means a building which is:

  • a Class 7A carpark; or
  • a Class 7B for storage, or display of goods or produce for sale by wholesale.

Classes 7A and 7B are separate classes but class 7 means both class 1a and 1b.

Class 8

Means a laboratory or a building in which a handicraft or process for the production, assembling, altering, repairing, packing, finishing, or cleaning of goods or produce is carried on for trade, sale, or gain.

Class 9

Means a building of a public nature:

  • a Class 9A health-care building, including those parts of the building set aside as a laboratory; or
  • a Class 9B assembly building, including a trade workshop, laboratory or the like in a primary or secondary school, but excluding any other parts of the building that are of another class; or
  • a Class 9C aged care building.

Classes 9A, 9B and 9C are separate classes but class 9 means class 9a, 9b and 9c.

Class 10

Means a non-habitable building or structure:

  • Class 10A non-habitable building being a private garage, carport, shed, or the like; or
  • Class 10B structure being a fence, mast, antenna, retaining or free-standing wall, swimming pool, or the like.

Classes 10A and 10B are separate classes but class 10 means both class 10A and 10B.

Development requirement

In relation to a block of land, means:

  • a condition in a lease for the block of land; or
  • a condition, other than a condition in a lease for the block of land, that:
    • was approved by the Territory when the lease was granted; and
    • regulates the development or use of the land; or
  • a requirement of a development approval or a corresponding approval under a repealed territory law.

Front boundary

Means any boundary of a block adjacent to a public road, public reserve or public pedestrian way

Natural ground level

Means, for a block of land, the ground level at the date of grant of the lease of the block

Open space boundary

Means a boundary between leased and unleased Territory land

Prescribed landscaping

Means landscaping in relation to any of the following:

  • a footpath;
  • a landing;
  • any other landscape structure (other than a retaining wall), or earthworks, if the vertical distance from the top of the structure or earthworks is:
    • above natural ground level - 0.4m; or
    • below finished ground level - 1.2m.

Side boundary

Means a block boundary extending from a street frontage and adjacent to one other block only

Zone

Means a zone identified in the Territory Plan 2008

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