Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 37

(1) This section applies to building work if--

(a) the lawful carrying out of the work starts before a building assessment provision is amended; or

(b) the building development approval was given before a building assessment provision is amended, but the work does not start before the amendment commences; or

(c) a building development application is made for the work before a building assessment provision is amended, but the application is not decided before the amendment commences; or

(d) planning for carrying out the work started before a building assessment provision is amended and the building certifier for the building development approval is satisfied that to require the work to be replanned to comply with the amended provision would cause financial hardship to the person for whom the work is to be carried out, having regard to--

(i) the stage the planning has reached; and

(ii) the nature of the work; and

(iii) the person's means and circumstances.

(2) Despite the amendment, a building development approval for the work may be given if the approval is given under the building assessment provisions in force immediately before the amendment, and IDAS.

(3) For subsection (1)(a) the work is lawfully carried out if it is carried out under the building assessment provisions in force immediately before the amendment.

(4) For subsections (1) and (3), an amendment of the building assessment provisions includes an amendment of a document adopted by, or to which a reference is made in, any of the provisions.

(5) In this section--

building assessment provisions does not include IDAS.