Queensland Consolidated Acts

BUILDING ACT 1975

TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--PRELIMINARY

           Part 1--Introduction

   1.      Short title
   2.      Act binds all persons
   3.      Simplified outline of main provisions of Act

           Part 2--Interpretation

           Division 1--Dictionary

   4.      Definitions

           Division 2--Key definitions

   5.      What is building work
   6.      What is a building development application
   7.      What is building assessment work
   8.      Who is a building certifier
   9.      Private certifiers and their classes
   10.     What is a building certifying function
   11.     Who is the assessment manager for a building development application
   12.     What is the Building Code of Australia (or BCA)
   13.     What is the Queensland Development Code (or QDC)
   14.     When building work complies with the BCA or QDC

           Division 3--Other references

   15.     References to changed BCA or QDC provision
   16.     Reference in Act to applicants, development, assessment managers, referral agencies, building work or building certifiers
   17.     Reference in Act to local government
   18.     Reference to local government includes any other assessment manager under IPA
   19.     Reference to a proposed building or structure

CHAPTER 2--WHEN BUILDING WORK IS ASSESSABLE, SELF-ASSESSABLE OR EXEMPT DEVELOPMENT

   20.     Building work that is assessable development for IPA
   21.     Building work that is self-assessable for IPA
   22.     Building work that is exempt development for IPA

CHAPTER 3--ADDITIONAL REQUIREMENTS FOR BUILDING DEVELOPMENT APPLICATIONS

           Part 1--Requirements for supporting documents

   23.     Operation of pt 1
   24.     Required information for supporting documents
   25.     General requirements for supporting documents
   26.     Requirements if alternative solution used

           Part 2--Other requirements

   27.     Application for building work for budget accommodation building
   28.     Application to build swimming pool on residential land must include fencing
   29.     Application must include required site works

CHAPTER 4--ASSESSMENT OF BUILDING DEVELOPMENT APPLICATIONS AND CARRYING OUT SELF-ASSESSABLE BUILDING WORK

           Part 1--Laws and other documents under which building work must be assessed

           Division 1--General provisions about the laws and documents for the assessment

   30.     Relevant laws and other documents for assessment of building work
   31.     Building assessment provisions form a code for IDAS
   32.     Local laws, planning schemes and local government resolutions that may form part of the building assessment provisions
   33.     Alternative planning scheme provisions to QDC boundary clearance and site cover provisions for particular buildings
   34.     Relationship between IDAS and other building assessment provisions
   35.     Relationship between the BCA and the QDC
   36.     When building assessment provisions must be applied
   37.     Provision for changes to building assessment provisions

           Division 2--Variation of how particular building assessment provisions apply

   38.     Applying to vary how particular building assessment provision applies
   39.     Applying for fast-track decision
   40.     Effect of variation application on IDAS process
   41.     Deciding variation application
   42.     Criteria for decision
   43.     Notice of decision
   44.     Effect of variation

           Part 2--Persons responsible for assessing building development applications

           Division 1--Who carries out building assessment work

   45.     Generally a building certifier must assess
   46.     Concurrence agencies may carry out building assessment work within their jurisdiction

           Division 2--Functions of private certifiers

   47.     Operation of div 2
   48.     Functions of private certifier (class A)
   49.     Functions of private certifier (class B)
   50.     Restrictions on building certifying functions that a private certifier (class B) can perform

           Division 3--Functions of local government

   51.     Function to act on building development application or development approval unless private certifier (class A) engaged
   52.     Restriction on local government issuing building development approval
   53.     Local government may rely on particular compliance certificates and other documents
   54.     Local government may rely on documents private certifier gives it for inspection or purchase

           Division 4--Power of particular replacement assessment managers to decide status under IDAS

   55.     Power to decide what stage of IDAS application is to resume or start

           Part 3--Discretionary matters in the assessment of building development applications

   56.     Building certifier's discretion—BCA
   57.     Building certifier's or concurrence agency's discretion—QDC
   58.     Survey certificate
   59.     Discretion for building development applications for particular budget accommodation buildings
   60.     Building certifier may rely on particular compliance certificates and other documents
   61.     Alterations to safe existing work may be approved on basis of earlier building assessment provisions

           Part 4--Requirements for and restrictions on assessing or approving building development applications

   62.     Requirement to consider any advice agency response
   63.     Restriction on granting building development application for budget accommodation building
   64.     Required report before assessing application for temporary building or structure with special fire service
   65.     Land subject to registered easement or statutory covenant
   66.     Special structures
   67.     Temporary building or structures
   68.     Particular alterations not permissible
   68A.    Statement of reasons for approving alternative solution

           Part 5--Conditions of building development approvals

           Division 1--Conditions taken to be imposed

   69.     Operation of div 1
   70.     Engineering drawings
   71.     When demolition, removal and rebuilding must start and be completed
   72.     Building work in erosion prone area
   73.     Obligation to make current drawing available for inspection
   74.     Inspection and testing of special fire service installation
   75.     Earthworks and retaining walls
   76.     Drainage of buildings or land
   77.     Building work over existing sanitary drainage

           Division 2--Conditions that may be imposed

   78.     Survey certificate
   79.     Hazardous buildings
   80.     Alterations to unsafe existing work
   81.     Building development approval for particular alterations may require existing building or structure to comply with building assessment provisions

           Part 6--Regulation of building assessment work and the issuing of building development approvals by private certifiers

   82.     Application of pt 6
   83.     General restrictions on granting building development approval
   84.     Approval must not be inconsistent with particular earlier approvals or self-assessable development
   85.     Additional requirement for decision notice
   86.     Requirements on approval of application
   87.     Local government acknowledgement
   88.     When applicant is to be given the approval documents

           Part 7--Provisions about lapsing of building development approvals and related matters

           Division 1--Building work for demolition or removal

   89.     Application of div 1
   90.     Relevant period under IPA, s 3.5.21 for development approval
   91.     Lapsing of building development approval
   92.     Local government may complete particular work if condition not complied with
   93.     Releasing security

           Division 2--Other building work

   94.     Application of div 2
   95.     Reminder notice requirement for lapsing
   96.     Extension of lapsing time because of application to extend relevant period under IPA, s 3.5.21
   97.     Restriction on private certifier (class A) extending relevant period under IPA, s 3.5.21 more than once

CHAPTER 5--INSPECTIONS, BUILDING CLASSIFICATION AND THE USE OF BUILDINGS

           Part 1--Giving of inspection documentation for single detached class 1a buildings and class 10 buildings or structures

   98.     Application of pt 1
   99.     Obligation to give owner inspection documentation on final inspection

           Part 2--Certificates of classification for other buildings

           Division 1--Preliminary

   100.    Application of pt 2
   101.    Meaning of substantially completed

           Division 2--Giving of certificate

   102.    Obligation to give certificate of classification on inspection after particular events
   103.    Certificate requirements
   104.    Interim certificate if building is remote
   105.    Certificates for a building occupied in stages

           Division 3--Miscellaneous provisions about certificates of classification

   106.    Term of certificate of classification
   107.    Building certifier's obligation to give referral agency certificate and other documents
   108.    Additional obligations if certificate of classification given by private certifier (class A)
   108A.   Owner's obligations about access to certificate of classification

           Part 3--Changes to BCA classification

   109.    What is a BCA classification change to a building
   110.    Restriction on making BCA classification change
   111.    Provision for applying to local government to obtain approval for BCA classification change
   112.    Concessional approval for particular existing buildings
   113.    Obligation of building certifier approving BCA classification change to give new certificate of classification

           Part 4--Restrictions on the use of buildings

   114.    No occupation or use of particular buildings without certificate of classification
   114A.   Owner's obligation to comply with certificate of classification
   115.    Occupation and use of building must comply with relevant BCA and QDC provisions
   116.    Exception for use of government buildings for emergency
   117.    Enforcement action required
   118.    Restriction on use of buildings built on or after 1 April 1976
   119.    Further restriction on occupation of building for residential purposes

           Part 5--Miscellaneous provisions

   120.    BCA classification as special structure
   121.    Doubtful BCA classifications
   122.    Building certifier's obligation to give owner inspection documentation if building development approval lapses
   123.    Certificate of classification for particular buildings built before 30 April 1998
   124.    Building certifier's obligation to give information notice about particular decisions

CHAPTER 6--PROVISIONS ABOUT PRIVATE CERTIFIERS AND OTHER BUILDING CERTIFIERS

           Part 1--General provisions about building certifiers

           Division 1--Regulation of the performance of building certifying functions

   125.    Person must not perform building certifying functions without licence
   126.    Building certifier performing building certifying function must be appropriately licensed
   127.    Building certifier's duty to act in public interest in performing building certifying function
   128.    Building certifier must not perform building certifying function if there is a conflict of interest

           Division 2--Code of conduct

   129.    Code of conduct
   130.    Tabling and inspection of amendment or replacement not part of or attached to regulation
   131.    Access to code of conduct

           Division 3--Miscellaneous provisions

   132.    Effect of building certifier not complying with Act if no penalty provided
   133.    Additional functions of BSA for building certification

           Part 2--Private certifiers

           Division 1--Regulation of private certifying functions

   134.    Restriction on performing functions of private certifier (class A)
   135.    Restriction on private certifier performing functions for building development applications
   136.    Offence for private certifier not to act in public interest in performing private certifying function
   137.    Private certifier must not perform private certifying function if there is a conflict of interest

           Division 2--Engagement of private certifiers

   138.    Power to contract to perform private certifying functions
   139.    General restrictions on private certifier entering into engagement
   140.    Restriction on engagement of private certifier (class B)
   141.    Requirements for engagement of private certifier
   142.    Engagement of private certifier (class A) taken to include inspection and certification
   143.    Notice of engagement to local government
   144.    Restriction on discontinuing engagement
   145.    Effect of transfer of functions for building development approval to local government or replacement private certifier
   146.    Agreed fee recoverable despite valid refusal of particular actions

           Division 3--Record-keeping and related requirements

   147.    Building development applications and approval documents
   148.    Obligation to give inspection documentation to owner of building
   149.    Obligation to give inspection documentation and any reminder notice to local government
   150.    Obligation to keep inspection documentation

           Part 3--Licensing of building certifiers

           Division 1--Licence levels and their roles

   151.    Levels
   152.    Role of building surveyor
   153.    Role of assistant building surveyor
   154.    Role of building surveying technician

           Division 2--Applying for and obtaining license

   155.    Who may apply
   156.    Requirements for licence application
   157.    Decision on licence application
   158.    Steps after making decision
   159.    Duration of licence

           Division 3--Private certification endorsements

   160.    Endorsements
   161.    Who may apply for endorsement
   162.    Requirements for endorsement application
   163.    Restrictions on making endorsement
   164.    Notice of refusal

           Division 4--Renewals

   165.    Notice of expiry of licence
   166.    Automatic expiry on failure to apply for renewal
   167.    Applying for renewal
   168.    Existing licence taken to be in force while application is being considered
   169.    Decision on renewal application
   170.    Steps after making decision

           Division 5--Cancellation and suspension of, and other changes to, licences and cancellation of endorsements
           Subdivision 1--BSA's powers

   171.    Power to amend, cancel or suspend licence
   172.    Power to change licence level
   173.    Cancellation of endorsement of licence to act as private certifier
   174.    Notice of particular events to interstate licensing authorities and other entities
           Subdivision 2--Show cause notice procedure
   175.    Show cause notice
   176.    Submissions about show cause notice
   177.    Decision on proposed action
   178.    Notice and taking effect of decision

           Division 6--General provisions about licences

   179.    Register of building certifiers
   180.    Access to register
   181.    Surrendering licence
   182.    Obtaining replacement licence
   183.    Obligation of building certifier to give notice of change in particular circumstances

           Division 7--Miscellaneous provisions

   184.    Accreditation standards bodies
   185.    Function of accreditation standards body
   186.    Criteria for deciding suitability of applicants and licensees
   187.    BSA may seek information from applicants about suitability
   188.    Refund of particular licence fees accompanying applications
   189.    Appeals to Commercial and Consumer Tribunal about decisions under pt 3

           Part 4--Complaints, investigations and disciplinary proceedings relating to building certifiers

           Division 1--Complaints

   190.    Making a complaint against a building certifier
   191.    Building certifier must be advised of complaint
   192.    BSA may recommend mediation to resolve complaint
   193.    Mediation process
   194.    Investigation of complaint

           Division 2--Investigations

   195.    BSA may require documents to be produced
   196.    Issue of identity card to auditor
   197.    Production or display of identity card
   198.    Inspection of documents
   199.    Power to enter and inspect building site relating to complaint or audit
   200.    Procedure before entry
   201.    Cooperating with investigation or audit
   202.    False or misleading statements
   203.    False or misleading documents
   204.    Decision after investigation or audit completed
   205.    Review of BSA's decision

           Division 3--Show cause notice for disciplinary proceedings

   206.    Show cause notice
   207.    Representations and decision

           Division 4--Disciplinary proceedings

   208.    Commercial and Consumer Tribunal may conduct disciplinary proceeding
   209.    Application of Tribunal Act to disciplinary proceeding
   210.    Notification of disciplinary proceeding
   211.    Orders relating to current building certifier
   212.    Orders relating to former building certifier
   213.    Consequences of failure to comply with Commercial and Consumer Tribunal's orders and directions
   214.    Recording details of orders

CHAPTER 7--FIRE SAFETY FOR BUDGET ACCOMMODATION BUILDINGS

           Part 1--Interpretation

   215.    Definitions for ch 7
   216.    Meaning of budget accommodation building

           Part 2--Fire safety standard

   217.    Fire safety standard
   218.    Guidelines for fire safety standard

           Part 3--Budget accommodation buildings built, approved or applied for, before 1 January 1992

   219.    Application of pt 3
   220.    Owner must ensure building conforms with fire safety standard
   221.    Approval of longer period for conformity with fire safety standard
   222.    Advice as to conformity with fire safety standard
   223.    Stay of operation of local government decision
   224.    Local government decisions

           Part 4--All budget accommodation buildings

   225.    Application of pt 4
   226.    Obligation about fire safety management plan
   227.    Accessing fire safety management plan
   228.    Random inspection of buildings for which development approval is given

           Part 5--Miscellaneous

   229.    Obligations of entities about guidelines for fire safety standard and fire safety management plans
   230.    Local government's fire safety record-keeping obligations
   231.    Owner's fire safety record-keeping obligation

CHAPTER 8--SWIMMING POOL FENCING

   232.    Definitions for ch 8
   233.    Meaning of fencing standards
   234.    Meaning of pool owner
   235.    Outdoor swimming pool must be fenced
   236.    Resuscitation sign for outdoor swimming pool
   237.    Replacing fencing
   238.    Warning sign required before constructing outdoor swimming pool
   239.    Constructing outdoor swimming pool
   240.    Application for exemption from fencing
   241.    Steps to be taken after application decided
   242.    Revocation of exemption
   243.    Register of exemptions
   244.    Advice as to compliance
   245.    Access to outdoor swimming pools must be kept secure
   246.    Apportionment of cost of constructing dividing fence

CHAPTER 9--SHOW CAUSE AND ENFORCEMENT NOTICES

   247.    Show cause notices
   248.    Enforcement notices
   249.    Specific requirements of enforcement notices
   250.    Appeals against enforcement notices
   251.    Register of notices given
   252.    Action local government may take if enforcement notice not complied with
   253.    Removal of persons in buildings to be demolished

CHAPTER 10--GENERAL PROVISIONS

   254.    Approved forms
   255.    Information to be supplied by the State
   256.    Prosecution of offences
   257.    Liability for corporation's default
   258.    Guidelines
   259.    Access to guidelines
   260.    Evidentiary aids
   261.    Regulation-making power

CHAPTER 11--SAVINGS AND TRANSITIONAL PROVISIONS

           Part 1--Transitional provision for Local Government Act 1993

   262.    Swimming pool fencing compliance—hardship

           Part 2--Transitional provisions for Building and Integrated Planning Amendment Act 1998

   263.    References to Standard Building Law etc.
   264.    Existing referees
   265.    Existing registrar
   266.    Lawfully constructed buildings and structures protected

           Part 3--Transitional provisions for Building Amendment Act 2003

   267.    Definitions for pt 3
   268.    Existing exemption from fencing swimming pool
   269.    Undecided application for exemption from fencing swimming pool
   270.    When resuscitation sign for outdoor swimming pool not required
   271.    Revocation of decisions or previous variations

           Part 4--Transitional provisions for Plumbing and Drainage Act 2002

   272.    Definitions for pt 4
   273.    Swimming pool fences for existing tourist resort complexes exempted
   274.    Unsatisfactory conduct and professional misconduct
   275.    Appeals to chief executive against accrediting body's decision
   276.    Appeal to the court against chief executive's decision
   277.    Orders relating to building certifiers

           Part 5--Transitional provisions for Building and Other Legislation Amendment Act 2006

   278.    Undecided building development applications
   279.    Exclusion of reminder notice requirement for existing building development approvals
   280.    Consequential amendments to the QDC
   281.    Consequential amendments to code of conduct
   283.    Existing rainwater tank provisions in planning schemes

           Part 6--Transitional provision for Building and Other Legislation Amendment Act 2008

   284.    Transitional provision for s 108A
           SCHEDULE 1 THE QDC ON 26 FEBRUARY 2008
           SCHEDULE 2 DICTIONARY
           Endnotes