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legal height - what does it mean?
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Author:  chemoul [ Feb 17, 2007 1:07 pm ]
Post subject:  legal height - what does it mean?

Hi,
I am wondering what it acutally means if a room height isn't legal height? Does it mean that I'm not allowed to live in or rent rooms that are not legal height in an existing building?

I've rung Brisbane city council but they say they are not dealing with building regulations any more and that I would have to go to a building surveyor, which sounds like a bit of an overkill for my question.

Thank you for your help.

Steve

Author:  ausdesign [ Feb 17, 2007 5:06 pm ]
Post subject: 

I am wondering what it acutally means if a room height isn't legal height? Does it mean that I'm not allowed to live in or rent rooms that are not legal height in an existing building?

The short answer is yes you are not.

Author:  chemoul [ Feb 17, 2007 5:16 pm ]
Post subject: 

thanks for your reply. And what's the document called where it actually states that? :-)

Author:  ausdesign [ Feb 18, 2007 4:10 pm ]
Post subject: 

The 'Building Code of Australia' - "A room or space within a building must have sufficient height suitable for the intended function of that room or space."
"The requirement is satisfied if the ceiling height is not less than -
In a class 1, 2 or 3 building a habitable room excluding a kitchen - 2.4 met. & a kitchen, laundry or the like - 2.1 met and a corridor, passageway or the like 2.1 met. "

Author:  ellony [ Mar 01, 2007 12:51 am ]
Post subject: 

When we were looking at buying our home, we looked at quite a few houses that had rooms built underneath that weren't quite legal height. They were advertised as 'utility rooms'. It appears that many people are living in 'utility rooms' - some were used as bedrooms, others as living areas. Does this mean they're breaking the law? If so, I'd really like to know when and how does the law step in to stop people from plugging a tv in and sitting down to watch it, in a utility room? :D

Also does this mean that the council won't give approval for utility rooms to be built?

We were planning to build under our house, which is 3cm short of legal height. It just doesn't seem feasible to go to the expense and hassle of lifting the house just for 3cm.

Thanks for your help :D

Author:  jfampub [ Jun 08, 2008 12:24 am ]
Post subject: 

Quote:
The 'Building Code of Australia' - "A room or space within a building must have sufficient height suitable for the intended function of that room or space."
"The requirement is satisfied if the ceiling height is not less than -
In a class 1, 2 or 3 building a habitable room excluding a kitchen - 2.4 met. & a kitchen, laundry or the like - 2.1 met and a corridor, passageway or the like 2.1 met. "


So what is a "habitable room"? If underneath the house is at least 2.1m, can I put kitchen, bath rooms under there? What about rumpus or storage?

Thanks!

Author:  Helyn [ Jun 08, 2008 9:37 am ]
Post subject: 

It is all in the wording. These people would not be allowed to advertise their houses as haveing "second living area or bedroom etc" but I guess "utility room" can be utilised for whatever you want - there is probably no law against plugging a TV into one, after all you can plug a TV into your kitchen or laundry which only has to be 2.1 high :wink:

We have an older house with 9 ft ceilings but sloping lean-to ceilings on the back part which is laundry, toilet, enclosed porch,at the lowest point they are just above door level, this is perfectly legal.

When my parents built a new split level house, narrow block, main living and bedrooms are upstairs, downstairs is garage, guest bathroom, 2 bedrooms and a small living room. Anyway when they put their plans into council this downstairs living room could not be called such as it does not have its own window, therefore call it utility room and, presto, plan passes thru :lol:

So, jfampub, I would read the code as yes, you can put kitchen and laundry or the like (bathroom is the like?) as it has 2.1 height and anything else you put call utility room(s) :lol:

Author:  Minx [ Jun 08, 2008 1:44 pm ]
Post subject: 

We had a rental which had a utility room downstairs. The tenants plugged in a t.v, dvd player, playstation and stereo. Said room is a utility room and not deemed as habitable. The tenants used it as habitable. It had a low ceiling height.
Well there was a fire that was caused by electrical fault there which resulted in the house becoming a write off. The fire englufed the sub floor of the whole house.

My insurance company paid me out, when the check was handed over the person whom I was dealing with said they were starting legal proceedings against the tenant as the fire was their fault.

That is what may happen when a non habitable room is used as one.

Author:  Kevin Brown [ Jun 08, 2008 2:04 pm ]
Post subject: 

Minx Minx
We had a rental which had a utility room downstairs. The tenants plugged in a t.v, dvd player, playstation and stereo. Said room is a utility room and not deemed as habitable. The tenants used it as habitable. It had a low ceiling height.
Well there was a fire that was caused by electrical fault there which resulted in the house becoming a write off. The fire englufed the sub floor of the whole house.

My insurance company paid me out, when the check was handed over the person whom I was dealing with said they were starting legal proceedings against the tenant as the fire was their fault.

That is what may happen when a non habitable room is used as one.

I dont read this to mean that the owners of the house are potentially at fault, the tennants made the decission to use the room in that manner,as long as they where told at the onset the room was classed as non habitable

I would assume then, if the tennants where at fault, it would mean the fire was caused by something THEY owned (tv etc)
So as long as the wiring, or something belonging to the owners of the house had nothing to do with the fire, the owners should not be found at fault.

This is just my opinion

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