• Specific Year
    Any

BUILDING ACT 1975 - As at 1 February 2024 - Act 11 of 1975

Table of Provisions

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

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
  • 11A. (Repealed)
  • 12 What is the Building Code of Australia (or BCA)
  • 12A. (Repealed) 12AA. (Repealed) 12B. (Repealed) 12BA. (Repealed) 12C. (Repealed) 12D. (Repealed) 12E. (Repealed) 12F. (Repealed) 12G. (Repealed) 12K. (Repealed) 12Q. (Repealed)
  • 13 What is the Queensland Development Code (or QDC)
  • 14 When building work complies with the BCA or QDC
  • 14A. (Repealed) 14B. (Repealed) 14C. (Repealed) 14D. (Repealed) 14E. (Repealed) 14F. (Repealed) 14G. (Repealed)

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 in provision about building development application
  • 19 Reference to a proposed building or structure
  • 19A. (Repealed) 19B. (Repealed) 19C. (Repealed) 19D. (Repealed) 19E. (Repealed)

CHAPTER 2 - WHEN BUILDING WORK IS ASSESSABLE DEVELOPMENT OR ACCEPTED DEVELOPMENT

Notes—
  • 20 Building work that is assessable development for the Planning Act
  • 20A. (Repealed) 20B. (Repealed) 20C. (Repealed) 20D. (Repealed) 20E. (Repealed) 20F. (Repealed) 20G. (Repealed)
  • 21 Building work that is accepted development for the Planning Act
  • 22. (Repealed)

CHAPTER 3 - ADDITIONAL REQUIREMENTS FOR BUILDING DEVELOPMENT APPLICATIONS

Note—

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 performance solution used

PART 2 - OTHER REQUIREMENTS

  • 27 Application for building work for budget accommodation building
  • 28 Application to build regulated pool
  • 28A. (Repealed)
  • 29 Application must include required site works
  • 29A. (Repealed)

CHAPTER 4 - BUILDING ASSESSMENT PROVISIONS AND ASSESSING BUILDING DEVELOPMENT APPLICATIONS

PART 1 - LAWS AND OTHER DOCUMENTS APPLYING TO BUILDING WORK

Division 1 - General provisions about the laws and documents applying to building work

  • 30 Meaning of building assessment provisions
  • 30A. (Repealed) 30B. (Repealed) 30BA. (Repealed) 30BB. (Repealed) 30BC. (Repealed) 30BD. (Repealed) 30BE. (Repealed) 30BF. (Repealed) 30BG. (Repealed) 30BH. (Repealed) 30C. (Repealed) 30D. (Repealed) 30E. (Repealed) 30F. (Repealed) 30I. (Repealed) 30J. (Repealed) 30K. (Repealed) 30L. (Repealed) 30M. (Repealed) 30O. (Repealed) 30P. (Repealed) 30Q. (Repealed) 30R. (Repealed) 30T. (Repealed) 30Y. (Repealed) 30Z. (Repealed)
  • 31 Building assessment provisions are assessment benchmarks for Planning Act
  • 32 Local laws, local planning instruments and local government resolutions that may form part of the building assessment provisions
  • 32A. (Repealed) 32B. (Repealed)
  • 33 Alternative provisions to QDC residential design and siting provisions for particular buildings
  • 34. (Repealed)
  • 34A Decision for building development application that complies with building assessment provisions
  • 35 Relationship between the BCA and the QDC
  • 35A. (Repealed)
  • 36 When building assessment provisions must be applied
  • 36AA. (Repealed) 36A. (Repealed) 36B. (Repealed) 36C. (Repealed) 36D. (Repealed) 36E. (Repealed) 36F. (Repealed) 36G. (Repealed) 36H. (Repealed) 36I. (Repealed) 36J. (Repealed) 36K. (Repealed) 36L. (Repealed) 36M. (Repealed) 36N. (Repealed) 36O. (Repealed)
  • 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 development assessment process under Planning Act
  • 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 Referral agencies may assess application against building assessment provisions
  • 46A. (Repealed) 46B. (Repealed) 46C. (Repealed)

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
  • 52A. (Repealed)
  • 53 Local government may rely on particular compliance certificates and other documents
  • 54 Local government may rely on documents private certifier gives it for providing public access

Division 4 - Power of particular replacement assessment managers to decide status of development assessment process under Planning Act

  • 55 Power to decide what stage of development assessment process under Planning Act application process may 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 referral 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. (Repealed)
  • 63 Restriction on granting building development approval for budget accommodation building
  • 63A Restriction on granting building development approval for residential care building
  • 63B. (Repealed)
  • 64 Required report before assessing application for temporary building or structure with special fire service
  • 64C. (Repealed) 64D. (Repealed)
  • 65 Land subject to registered easement or statutory covenant
  • 66 Special structures
  • 66A. (Repealed) 66B. (Repealed)
  • 67 Temporary building or structures
  • 68 Particular alterations not permissible
  • 68A Statement of reasons for approving performance solution

PART 5 - CONDITIONS OF BUILDING DEVELOPMENT APPROVALS

Note—

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 accepted development
  • 85 Additional requirement for decision notice
  • 86 Requirements on approval of application
  • 87 Local government acknowledgement
  • 88 Giving approval documents to applicant

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 Currency period under the Planning Act, s 85(1) for building 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 currency period under Planning Act, s 85(1)
  • 97 Restriction on private certifier (class A) extending currency period under Planning Act, s 85(1) 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 OCCUPANCY 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 occupancy 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 occupancy

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

PART 3 - CHANGES TO BCA CLASSIFICATION OR USE WITHIN CLASSIFICATION

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

PART 4 - RESTRICTIONS ON THE USE OF BUILDINGS

  • 114 No occupation or use of particular buildings without certificate of occupancy
  • 114A Owner’s obligation to comply with certificate of occupancy
  • 115 Compliance with relevant BCA and QDC provisions for occupation and use of building
  • 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 occupancy for particular buildings built before 30 April 1998
  • 124 Building certifier’s obligation to give information notice about particular decisions
  • 124A Obligation to give owner inspection documentation for particular inspections

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 QBCC for building certification
  • 133A Building certifier to have regard to particular guidelines

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—owner clients
  • 143A Notice of engagement and contact details—other clients
  • 143B Owner may require performance of additional certifying functions
  • 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 certifier–level 1
  • 153 Role of building certifier–level 2
  • 154 Role of building certifier–level 3

Division 2 - Applying for and obtaining licence

  • 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 - QBCC’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 QBCC may seek information from applicants about suitability
  • 188 Refund of particular licence fees accompanying applications
  • 189 Reviews by tribunal of 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 QBCC may recommend mediation to resolve complaint
  • 193 Mediation process
  • 194 Investigation of complaint

Division 2 - Investigations

  • 195 QBCC 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. (Repealed)

Division 3 - Show cause notice for disciplinary proceedings

  • 206 Show cause notice
  • 207 Representations and decision

Division 4 - Disciplinary proceedings

  • 208 Tribunal may conduct disciplinary proceeding
  • 209 Constitution of tribunal for 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 tribunal’s orders and directions
  • 214 Recording details of orders

PART 5 - DISQUALIFIED INDIVIDUALS

Division 1 - Preliminary

Division 2 - Calculation of demerit points

  • 214E Demerit points for demerit offences
  • 214F When demerit points are allocated and take effect
  • 214G Limit on demerit points from single investigation or audit
  • 214H QBCC must notify person about demerit points

Division 3 - Disqualification

  • 214I Procedure if QBCC considers person has accumulated 30 demerit points
  • 214J Ending procedure without further action
  • 214K Notice of disqualification
  • 214L Period of disqualification

CHAPTER 7 - FIRE SAFETY FOR BUDGET ACCOMMODATION BUILDINGS

Note—

PART 1 - INTERPRETATION

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 7A - FIRE SAFETY FOR RESIDENTIAL CARE BUILDINGS BUILT, APPROVED OR APPLIED FOR, BEFORE 1 JUNE 2007

PART 1 - APPLICATION OF CHAPTER 7A

  • 231AA Application of ch 7A

PART 2 - INTERPRETATION

  • 231AB Definitions for ch 7A
  • 231AC What is a residential care building (or RCB)
  • 231AD What are the assessment categories for RCBs

PART 3 - FIRE SAFETY STANDARD (RCB)

  • 231AE What is the fire safety standard (RCB)

PART 3A - RCB ASSESSORS

  • 231AF Who is an RCB assessor
  • 231AG Chief executive may approve public service employees to assess RCBs

PART 4 - ASSESSMENT OF RESIDENTIAL CARE BUILDINGS

  • 231AH Owner must have RCB assessed for assessment category and compliance with fire safety standard (RCB)
  • 231AI RCB assessment reports
  • 231AJ Further assessment by RCB assessor
  • 231AK When owner must obtain fire safety (RCB) compliance certificate or certificate of occupancy
  • 231AL Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of occupancy
  • 231AM Owner and operator must ensure RCB continues to comply with fire safety standard (RCB)

PART 5 - GENERAL

  • 231AN General obligations of operator of RCB
  • 231AO Owner must give RCB assessment report to chief executive and local government
  • 231AP Owner must give fire safety (RCB) compliance certificate to chief executive and local government
  • 231AQ Obligations about access to fire safety (RCB) compliance certificate

CHAPTER 8 - SWIMMING POOL SAFETY

PART 1 - INTERPRETATION

  • 231A Definitions for ch 8
  • 231B What is a regulated pool
  • 231C What is a pool safety inspection function
  • 231D What is the pool safety standard

PART 2 - COMPLIANCE WITH POOL SAFETY STANDARD AND OTHER MATTERS ABOUT POOL SAFETY

Division 1 - Compliance with pool safety standard

  • 232 Compliance with pool safety standard—regulated pool

Division 2 - Requirements about constructing regulated pool

  • 233 Constructing regulated pool—requirement for warning sign
  • 234 Constructing regulated pool—requirement for compliance with pool safety standard

Division 3 - Exemptions from compliance with pool safety standard—disability

Subdivision 1 - Applying for exemption and deciding application
  • 235 Application for exemption—disability
  • 236 Requirement for further information
  • 237 Decision on application
  • 238 Notice of decision
  • 239 Notice of exemption to be given to QBCC commissioner
  • 240 Application of pool safety standard under exemption
  • Subdivision 2 - Ending and revocation of exemptions
  • 241 When exemption ends
  • 242 Local government may revoke exemption
  • 243 Notice of revocation to be given to QBCC commissioner
  • Subdivision 3 - Miscellaneous
  • 244 Keeping copy of exemption

Division 4 - Exemptions from compliance with pool safety standard—impracticality

Subdivision 1 - Applying for exemption and deciding applications
  • 245 Application for exemption—compliance impracticable
  • 245A Requirement for further information
  • 245B Decision on application
  • 245C Notice of decision and application of pool safety standard under exemption
  • 245D Continuation of exemption
  • Subdivision 2 - Revocation of exemptions
  • 245E Local government may revoke exemption
  • Subdivision 3 - Miscellaneous
  • 245F Notice of exemption or revocation to be given to QBCC commissioner
  • 245FA Keeping copy of exemption

Division 5 - Reporting, and giving notice of, pool immersion incidents

  • 245G Requirement to report pool immersion incident
  • 245H Disclosure of information about pool immersion incident
  • 245I Giving notice of pool immersion incidents

Division 6 - Pool safety management plans for particular pools

Subdivision 1 - Preliminary
  • 245J Application of div 6
  • 245K Requirement to have pool safety management plan
  • 245L Requirement to comply with approved pool safety management plan
  • Subdivision 2 - Approval, and duration, of pool safety management plans
  • 245M Application for approval
  • 245N Requirement for further information
  • 245O Decision on application
  • 245P Duration of plan
  • Subdivision 3 - Cancellation of approval and amendment of approved pool safety management plan
  • 245Q Cancellation or amendment
  • 245R When decision has effect
  • Subdivision 4 - (Repealed)

Division 7 - Miscellaneous

  • 245T Access to regulated pool to be kept secure
  • 245U Interference with barriers for regulated pools
  • 245UA QBCC commissioner may give local government information about regulated pools
  • 245V When particular local government exemptions about requirements for pool fencing end
  • 245W When particular local law has no force or effect for regulated pool

PART 2A - NEIGHBOURS’ RIGHTS AND RESPONSIBILITIES FOR PARTICULAR DIVIDING FENCES

Division 1 - Introduction

Division 2 - Interpretation

Division 3 - Rights and responsibilities of pool owners and their neighbours for particular dividing fences

  • 245XB Right to construct pool barrier along common boundary
  • 245XC Walls on common boundary
  • 245XD Right to alter or replace existing dividing fence for the purpose of a pool barrier
  • 245XE Right to construct part of the barrier for 2 neighbouring pools along the common boundary or alter or replace existing fence
  • 245XF Limited right of neighbour to alter or replace part of pool barrier along a common boundary
  • 245XG Right to enter adjoining land to carry out fencing work
  • 245XH Apportioning cost of constructing etc. dividing fence forming part of a pool barrier
  • 245XI Attaching things to a dividing fence forming part of a pool barrier
  • 245XJ Negligent or deliberate act or omission
  • 245XK Urgent fencing work

Division 4 - Process for obtaining contribution and resolving disputes

Subdivision 1 - Introduction
  • 245XL Overview
  • Subdivision 2 - Notices
  • 245XM Notice of proposed fencing work
  • 245XN Notice to contribute for urgent fencing work
  • Subdivision 3 - Resolving disputes
  • 245XO Jurisdiction
  • 245XP Representation
  • 245XQ Orders about carrying out fencing work
  • 245XR Matters for QCAT consideration
  • 245XS Application for order in absence of adjoining owner

Division 5 - Process for dealing with unauthorised fencing work

  • 245XT Unauthorised fencing work
  • 245XU Application before unauthorised fencing work
  • 245XV Application after unauthorised fencing work

Division 6 - Process if common boundary not agreed

  • 245XW Process if common boundary not agreed

Division 7 - General

  • 245XX Measurement of the height of a dividing fence or pool barrier
  • 245XY Substantial compliance is adequate
  • 245XZ Giving documents
  • 246 Descriptions in notice

PART 3 - INSPECTIONS OF REGULATED POOLS AND THE GIVING OF POOL SAFETY CERTIFICATES

Division 1 - Inspections of regulated pools by pool safety inspectors

246A. (Repealed)
  • 246AA Obligation to give pool safety certificate on inspection in particular circumstances
  • 246AB Nonconformity notice
  • 246AC Steps after nonconformity notice
  • 246ACA Special provision for pool inspection in remote areas
  • 246AD Record-keeping requirements for inspections

Division 2 - Functions of local government for inspections of regulated pools

  • 246ADA Requirement to inspect particular pools
  • 246AE Power of local government to inspect regulated pool
  • 246AF Cancellation of pool safety certificate after inspection
  • 246AG Show cause notice procedure and decision
  • 246AH Request for inspection of regulated pool
  • 246AI Pool safety certificate does not limit power of local government to enter land for particular purposes
  • 246AIA Keeping records of particular notices
  • 246AIB Local government to give information to QBCC commissioner

Division 3 - Pool safety certificates

  • 246AJ Identification number for pool safety certificate
  • 246AK Form of pool safety certificate
  • 246AL Term of pool safety certificate
  • 246AM Pool safety inspector’s obligation to give notice of pool safety certificates
  • 246AN Final inspection certificate or certificate of occupancy instead of pool safety certificate

Division 4 - Miscellaneous provision

  • 246AO Appeals to development tribunal of decisions under pt 3

PART 4 - GENERAL PROVISIONS ABOUT REGULATED POOLS

Division 1 - Obligations to give notice of regulated pools

  • 246AP Building certifier’s obligation to give notice of regulated pool
  • 246AQ Local government’s obligation to give notice of existing regulated pool
  • 246AR Owner’s obligation to give notice of existing regulated pool

Division 2 - Register of regulated pools

  • 246AS Regulated pools register
  • 246AT Access to regulated pools register

Division 3 - Functions of private certifiers—regulated pools

  • 246ATA Application of div 3
  • 246ATB Private certifier to take enforcement action

Division 4 - Obligation to give information to particular regulated pool owners

  • 246ATC Local government’s obligation to give information about particular regulated pools

Division 5 - Provisions about dealings involving regulated pools

Subdivision 1 - Preliminary
  • 246ATD Definitions for div 5
  • 246ATE When pool safety certificate taken to be in effect for div 5
  • Subdivision 2 - Offences and other requirements
  • 246ATF Offence about sale of regulated premises
  • 246ATG Offence about entering into accommodation agreement—regulated pool that is not a shared pool
  • 246ATH Offences about displaying and giving copies of pool safety certificates for shared pools
  • 246ATI Offence about entering into accommodation agreement—pool safety certificate not in effect for shared pool
  • 246ATJ Requirement to obtain pool safety certificate for regulated pool that is not a shared pool
  • 246ATK Requirement to obtain pool safety certificate for regulated pool that is a shared pool
  • 246ATL Licensee not to ask for, or receive, reward in particular circumstances
  • Subdivision 3 - Miscellaneous
  • 246ATM Prescribed notification requirements

PART 5 - GENERAL PROVISIONS ABOUT POOL SAFETY INSPECTORS

Division 1 - Regulation of the performance of pool safety inspection functions

  • 246AU Person must not perform pool safety inspection functions without licence
  • 246AV Person must not perform pool safety inspection functions without prescribed professional indemnity insurance
  • 246AW Giving pool safety certificates and nonconformity notices
  • 246AX Pool safety inspector’s duty to act in public interest in performing pool safety inspection function
  • 246AY Pool safety inspector must not perform pool safety inspection function if there is a conflict of interest

Division 2 - Code of conduct for pool safety inspectors

  • 246AZ Making code of conduct for pool safety inspectors
  • 246B. (Repealed)
  • 246BA When code of conduct for pool safety inspectors takes effect
  • 246BB Tabling and inspection of amendment or replacement not part of or attached to regulation
  • 246BC Access to code of conduct for pool safety inspectors

Division 3 - Miscellaneous provisions

  • 246BD Effect of pool safety inspector not complying with Act if no penalty provided
  • 246BE Pool safety inspector may carry out minor repairs in particular circumstances
  • 246BF Pool safety inspector to have regard to particular guidelines

PART 6 - LICENSING OF POOL SAFETY INSPECTORS

Division 1 - Role

  • 246BG Role of pool safety inspector

Division 2 - Applying for and obtaining licence

  • 246BH Who may apply
  • 246BI Requirements for application
  • 246BJ Decision on licence application
  • 246BK Steps after making decision
  • 246BL Duration of licence

Division 3 - Renewal and restoration of licences

Subdivision 1 - Notice of expiry
  • 246BM Notice of expiry of licence
  • Subdivision 2 - Renewals
  • 246BN Applying for renewal
  • 246BO Existing licence taken to be in force while application is being considered
  • 246BP Decision on renewal application
  • 246BQ Steps after making decision
  • Subdivision 3 - Restoration
  • 246BR Applying for restoration
  • 246BS Existing licence taken to be in force while application is being considered
  • 246BT Decision on restoration application
  • 246BU Steps after making decision

Division 4 - Cancellation and suspension of, and other changes to, licences

Subdivision 1 - QBCC commissioner’s powers
  • 246BV Power to amend, cancel or suspend licence
  • 246BW Notice of particular events to interstate licensing authorities and other entities
  • Subdivision 2 - Show cause notice procedure
  • 246BX Show cause notice
  • 246BY Submissions about show cause notice
  • 246BZ Decision on proposed action
  • 246C. (Repealed)
  • 246CA Notice and taking effect of decision

Division 5 - General provisions about licences

  • 246CB Register of pool safety inspectors
  • 246CC Access to pool safety inspectors register
  • 246CD Surrendering licence
  • 246CE Obtaining replacement licence
  • 246CF Obligation of pool safety inspector to give notice of change in particular circumstances

Division 6 - Miscellaneous provisions

  • 246CG Criteria for deciding suitability of applicants and licensees
  • 246CH QBCC commissioner may seek information from applicants about suitability and other matters
  • 246CI Refund of particular licence fees accompanying applications
  • 246CJ. (Repealed)

PART 7 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS RELATING TO POOL SAFETY INSPECTORS

Division 1 - Complaints

  • 246CK Making a complaint against a pool safety inspector
  • 246CL Pool safety inspector must be advised of complaint
  • 246CM QBCC commissioner may recommend mediation to resolve complaint
  • 246CN Mediation process
  • 246CO Investigation of complaint
  • 246CP. (Repealed) 246CQ. (Repealed) 246CR. (Repealed) 246CS. (Repealed) 246CT. (Repealed) 246CU. (Repealed) 246CV. (Repealed) 246CW. (Repealed) 246CX. (Repealed)
  • 246CY Decision after investigation or audit completed
  • 246CZ. (Repealed)

Division 3 - Disciplinary proceedings

246D. (Repealed)
  • 246DA Tribunal may conduct disciplinary proceeding
  • 246DB Constitution of tribunal for disciplinary proceeding
  • 246DC Orders relating to current pool safety inspector
  • 246DD Orders relating to former pool safety inspector
  • 246DE Consequences of failure to comply with tribunal’s orders and directions
  • 246DF Recording details of orders

PART 8 - APPROVAL OF TRAINING COURSES FOR POOL SAFETY INSPECTORS

  • 246DG QBCC commissioner may approve course for pool safety inspectors
  • 246DH. (Repealed) 246DI. (Repealed) 246DJ. (Repealed) 246DK. (Repealed) 246DL. (Repealed) 246DM. (Repealed) 246DN. (Repealed) 246DO. (Repealed) 246DP. (Repealed) 246DQ. (Repealed) 246DR. (Repealed) 246DS. (Repealed) 246DT. (Repealed) 246DU. (Repealed) 246DV. (Repealed) 246DW. (Repealed) 246DX. (Repealed) 246DY. (Repealed) 246DZ. (Repealed)

PART 9 - ROLE OF QBCC—POOL SAFETY

Division 1 - QBCC’s functions

  • 246E Pool safety functions performed by QBC board
  • 246EA. (Repealed) 246EB. (Repealed) 246EC. (Repealed) 246ED. (Repealed) 246EE. (Repealed) 246EF. (Repealed) 246EG. (Repealed) 246EH. (Repealed) 246EI. (Repealed) 246EJ. (Repealed) 246EK. (Repealed) 246EL. (Repealed) 246EM. (Repealed) 246EN. (Repealed) 246EO. (Repealed) 246EP. (Repealed) 246EQ. (Repealed) 246ER. (Repealed) 246ES. (Repealed) 246ET. (Repealed) 246EU. (Repealed) 246EV. (Repealed) 246EW. (Repealed) 246EX. (Repealed) 246EY. (Repealed) 246EZ. (Repealed)
  • 246F Pool safety functions performed by QBCC commissioner
  • 246FA. (Repealed) 246FB. (Repealed) 246FC. (Repealed) 246FD. (Repealed) 246FE. (Repealed) 246FF. (Repealed) 246FG. (Repealed) 246FH. (Repealed) 246FI. (Repealed) 246FJ. (Repealed) 246FK. (Repealed)

Division 2 - Pool Safety Fund

  • 246G Fund established
  • 246H Purpose of fund
  • 246I Payment of amounts into fund
  • 246J Payments from fund

Division 3 - (Repealed)

Division 4 - (Repealed)

Division 5 - (Repealed)

Division 6 - (Repealed)

CHAPTER 8A - PROVISIONS TO SUPPORT SUSTAINABLE HOUSING

PART 1 - (Repealed)

PART 2 - PROVISIONS TO SUPPORT SUSTAINABLE HOUSING

Division 1 - Preliminary

Division 2 - Limiting effect of prohibitions etc. for particular sustainable housing measures

  • 246O Prohibitions or requirements that have limited or no force or effect
  • 246P Restrictions that have no force or effect—roof colours and windows
  • 246Q Restrictions that have limited or no force or effect—other restrictions
  • 246R When consent for particular activities can not be withheld—roof colours and windows
  • 246S When consent for particular activities can not be withheld—other matters

Division 3 - Miscellaneous provisions

  • 246T Particular limitation on operation of pt 2
  • 246U No compensation payable

CHAPTER 8B - TRANSPORT NOISE CORRIDORS

PART 1 - PRELIMINARY

PART 2 - DESIGNATION BY LOCAL GOVERNMENTS

  • 246X Designation of transport noise corridor—local governments
  • 246Y Notification about designation of transport noise corridor

PART 3 - DESIGNATION BY TRANSPORT CHIEF EXECUTIVE

  • 246Z Designation of transport noise corridor—transport chief executive
  • 246ZA Notification about designation of transport noise corridor

CHAPTER 9 - SHOW CAUSE AND ENFORCEMENT NOTICES

Note—
  • 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 given by the State
  • 256 Prosecution of offences
  • 257 Liability of executive officer—particular offences committed by corporation
  • 257A Disclosure of particular information
  • 258 Guidelines
  • 259 Access to guidelines
  • 260 Evidentiary aids
  • 261 Regulation-making power

CHAPTER 11 - SAVINGS, TRANSITIONAL AND VALIDATION 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
  • 282. (Repealed)
  • 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

PART 7 - TRANSITIONAL PROVISION FOR SUSTAINABLE PLANNING ACT 2009

  • 285 Continuing application of chs 2, 3 and 4

PART 8 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2009

  • 286 Continuing application of s 154
  • 287 Continuing application of s 155

PART 9 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2010

  • 288 Term of pool safety certificate in force before the commencement
  • 289 Building certifiers taken to be licensed as pool safety inspectors for 1 year

PART 10 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2010

  • 290 Definitions for pt 10
  • 291 When s 232 applies to particular regulated pools
  • 292 Term of pool safety certificate for particular regulated pools
  • 293 Continuing application of particular provisions—requirements about fencing pool
  • 294 Continuing application of particular provisions—resuscitation sign
  • 295 Application of s 233
  • 296 Continuing application of previous s 237
  • 297 Application for exemption under previous s 240
  • 298 Continuing effect of particular exemptions
  • 299 Keeping copy of exemption
  • 300 When s 246ATK applies to particular regulated pools

PART 11 - TRANSITIONAL AND VALIDATION PROVISIONS FOR QUEENSLAND RECONSTRUCTION AUTHORITY ACT 2011

  • 301 Definition for pt 11
  • 302 Modified application of ch 8 provisions
  • 303 Offence about entering into accommodation agreement
  • 304 Additional role of relevant building surveying technician
  • 305 Validation of relevant building surveying technician function

PART 12 - TRANSITIONAL PROVISION INSERTED UNDER SUSTAINABLE PLANNING (HOUSING AFFORDABILITY AND INFRASTRUCTURE CHARGES REFORM) AMENDMENT ACT 2011

  • 306 Provision about offences under s 246AR

PART 13 - VALIDATION PROVISION INSERTED UNDER THE LOCAL GOVERNMENT ELECTORAL ACT 2011

  • 307 Validation of particular appointments to PSC

PART 14 - TRANSITIONAL PROVISION FOR TREASURY (COST OF LIVING) AND OTHER LEGISLATION AMENDMENT ACT 2012

  • 308 Continuation of ss 246I, 246J and 246K in relation to particular sustainability declarations

PART 14A - TRANSITIONAL PROVISIONS FOR VOCATIONAL EDUCATION AND TRAINING (COMMONWEALTH POWERS) ACT 2012

  • 309 Definitions for pt 14A
  • 310 When approved training course under former Act taken to be approved training course under this Act
  • 310A Fees may be refunded

PART 15 - TRANSITIONAL PROVISIONS FOR SUSTAINABLE PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2012

  • 311 Definitions for pt 15
  • 312 Existing accreditations
  • 313 Existing building surveyors, assistant building surveyors and building surveying technicians
  • 314 References in existing accreditation standards and professional development schemes
  • 315 Existing applications for a licence

PART 16 - VALIDATION PROVISIONS FOR HOUSING AND OTHER LEGISLATION AMENDMENT ACT 2013

  • 316 Definitions for pt 16
  • 317 Retrospective validation of particular certificates of classification given during relevant period
  • 318 Retrospective validation of particular applications for renewal of licences at level of building certifier–level 3
  • 319 Retrospective validation of particular licences at level of building certifier–level 3 renewed during relevant period
  • 320 Retrospective validation of building certifying functions performed during relevant period
  • 321 Retrospective validation of particular applications for renewal of licences for pool safety inspectors
  • 322 Retrospective validation of particular licences for pool safety inspectors renewed during particular period
  • 323 Retrospective validation of pool safety inspection functions

PART 17 - TRANSITIONAL PROVISIONS FOR QUEENSLAND BUILDING SERVICES AUTHORITY AMENDMENT ACT 2013

  • 324 Definitions
  • 325 Unresolved applications to or by the former BSA
  • 326 Prosecution of offences against chapter 6 or section 246AP(2)
  • 327 Other administrative matters relating to the former BSA

PART 18 - TRANSITIONAL PROVISIONS FOR PROFESSIONAL ENGINEERS AND OTHER LEGISLATION AMENDMENT ACT 2014

Division 1 - Preliminary

Division 2 - Dissolution of former council and transfer of matters to QBCC

  • 329 Dissolution
  • 330 Transfer of former fund
  • 331 Agreements, assets, liabilities and rights
  • 332 Pending applications
  • 333 Pending legal proceedings
  • 334 Ministerial directions to former council
  • 335 Records of former council
  • 336 Continuing authorisation of investigators
  • 337 Pending complaints and disciplinary matters under ch 8, pt 7
  • 338 Other administrative matters relating to former council

Division 3 - Transfer of matters from chief executive to QBCC

  • 339 Pending applications to chief executive
  • 340 Other administrative matters relating to chief executive

Division 4 - Provisions about review of particular decisions

  • 341 Pending reviews of relevant decisions

Division 5 - Other matters

  • 342 References to former council
  • 343 Effect on legal relationships

PART 18A - TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT ELECTORAL (TRANSPARENCY AND ACCOUNTABILITY IN LOCAL GOVERNMENT) AND OTHER LEGISLATION AMENDMENT ACT 2017

PART 19 - TRANSITIONAL PROVISION FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

PART 20 - TRANSITIONAL PROVISION FOR ECONOMIC DEVELOPMENT AND OTHER LEGISLATION AMENDMENT ACT 2019

PART 21 - TRANSITIONAL PROVISIONS FOR BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) AND OTHER LEGISLATION AMENDMENT ACT 2020

  • 347 Definitions for part
  • 348 Section 124A does not apply to building certifier engaged before commencement
  • 349 Application of s 143B for owner of building
  • 350 Application of s 185 to existing educational and experiential standards
  • 351 Application of disqualified person provisions
  • 352 Existing certificates of classification
  • 353 (Expired)

PART 22 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2022

  • 354 Definitions for part
  • 355 Existing appeals under former s 245S
  • 356 Effect of particular relevant instruments made in affected period—former ss 246O and 246Q
  • 357 Effect of particular relevant instruments made in affected period—former s 246S
  • Schedule 1 (Repealed)

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