Environmental Planning and Assessment Regulation 2000
Current version for 15 May 2020 to date (accessed 28 May 2020 at 01:12)
Part 6 Division 8 Clause 94
94   Consent authority may require buildings to be upgraded
(cf clause 66B of EP&A Regulation 1994)
(1)  This clause applies to a development application for development involving the rebuilding, alteration, enlargement or extension of an existing building where—
(a)  the proposed building work, together with any other building work completed or authorised within the previous 3 years, represents more than half the total volume of the building, as it was before any such work was commenced, measured over its roof and external walls, or
(b)  the measures contained in the building are inadequate—
(i)  to protect persons using the building, and to facilitate their egress from the building, in the event of fire, or
(ii)  to restrict the spread of fire from the building to other buildings nearby.
(c)    (Repealed)
(2)  In determining a development application to which this clause applies, a consent authority is to take into consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.
(2A), (2B)    (Repealed)
(3)  The matters prescribed by this clause are prescribed for the purposes of section 4.15(1)(a)(iv) of the Act.