The Building Regulations 2012 were amended on 8 February 2017 to introduce a transitional process for making streamlined applications under section 39 of the Building Act 2011 for seeking a declaration from the Building Commissioner for the non-application or modification of a bush fire building standard.

The Building Commissioner can only make a declaration when satisfied that the declaration would not increase the risk to people, property or the environment and that making the declaration is:

• in the public interest; or 
• consistent with the purpose of any other written law or Commonwealth law.

See the following for further information:

• Guidance note – Section 39 transitional bush fire application to modify or not apply a bush fire building standard
• Form BA24A – Application for modification or non-applicatino of a bush fire building standard
• Industry Bulletin 77 – Building Amendment Regulations 2017