BUILDING ACT 1975 - As at 9 December 2019 - Act 11 of 1975

Table of Provisions

Long Title

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 in provision about building development application

19 Reference to a proposed building or structure

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

Notes—

20 Building work that is assessable development for the Planning Act

21 Building work that is accepted development for the Planning Act

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 alternative solution used

PART 2 - OTHER REQUIREMENTS

27 Application for building work for budget accommodation building

28 Application to build regulated pool

29 Application must include required site works

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

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

33 Alternative provisions to QDC boundary clearance and site cover provisions for particular buildings

34A Decision for building development application that complies with 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 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

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 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

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

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 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 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 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 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 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 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 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 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

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

CHAPTER 7 - FIRE SAFETY FOR BUDGET ACCOMMODATION BUILDINGS

Note—

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 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 classification 231AL . Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of classification 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

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

Subdivision 2 - Approval, and duration, of pool safety management plans

Subdivision 3 - Cancellation of approval and amendment of approved pool safety management plan

Subdivision 4 - Appeals

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

245X . Overview

Division 2 - Interpretation

245XA . Definitions for pt 2A

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 classification 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

246F Pool safety functions performed by QBCC commissioner

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

246L . Purpose of pt 2 246M . Definitions for pt 2 246N . Application of pt 2

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

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

246V . Purpose of ch 8B 246W . Definitions for ch 8B

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

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

328 Definitions

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

344 Building development application approved before commencement

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

345 Existing building development applications

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

346 Existing building development applications

SCHEDULE 1

SCHEDULE 2

All Databases

Cases & Legislation

Journals & Scholarship

Law Reform

Treaties

Libraries

Communities

LawCite

Australia

CTH

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

New Zealand

Specific Year

Any

Any

BUILDING ACT 1975 - As at 9 December 2019 - Act 11 of 1975

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

PART 2 - INTERPRETATION

Division 1 - Dictionary

Division 2 - Key definitions

Division 3 - Other references

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

CHAPTER 3 - ADDITIONAL REQUIREMENTS FOR BUILDING DEVELOPMENT APPLICATIONS

PART 1 - REQUIREMENTS FOR SUPPORTING DOCUMENTS

PART 2 - OTHER REQUIREMENTS

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

Division 2 - Variation of how particular building assessment provisions apply

PART 2 - PERSONS RESPONSIBLE FOR ASSESSING BUILDING DEVELOPMENT APPLICATIONS

Division 1 - Who carries out building assessment work

Division 2 - Functions of private certifiers

Division 3 - Functions of local government

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

PART 3 - DISCRETIONARY MATTERS IN THE ASSESSMENT OF BUILDING DEVELOPMENT APPLICATIONS

PART 4 - REQUIREMENTS FOR AND RESTRICTIONS ON ASSESSING OR APPROVING BUILDING DEVELOPMENT APPLICATIONS

PART 5 - CONDITIONS OF BUILDING DEVELOPMENT APPROVALS

Division 1 - Conditions taken to be imposed

Division 2 - Conditions that may be imposed

PART 6 - REGULATION OF BUILDING ASSESSMENT WORK AND THE ISSUING OF BUILDING DEVELOPMENT APPROVALS BY PRIVATE CERTIFIERS

PART 7 - PROVISIONS ABOUT LAPSING OF BUILDING DEVELOPMENT APPROVALS AND RELATED MATTERS

Division 1 - Building work for demolition or removal

Division 2 - Other building work

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

PART 2 - CERTIFICATES OF CLASSIFICATION FOR OTHER BUILDINGS

Division 1 - Preliminary

Division 2 - Giving of certificate

Division 3 - Miscellaneous provisions about certificates of classification

PART 3 - CHANGES TO BCA CLASSIFICATION OR USE WITHIN CLASSIFICATION

PART 4 - RESTRICTIONS ON THE USE OF BUILDINGS

PART 5 - MISCELLANEOUS PROVISIONS

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

Division 2 - Code of conduct

Division 3 - Miscellaneous provisions

PART 2 - PRIVATE CERTIFIERS

Division 1 - Regulation of private certifying functions

Division 2 - Engagement of private certifiers

Division 3 - Record-keeping and related requirements

PART 3 - LICENSING OF BUILDING CERTIFIERS

Division 1 - Licence levels and their roles

Division 2 - Applying for and obtaining licence

Division 3 - Private certification endorsements

Division 4 - Renewals

Division 5 - Cancellation and suspension of, and other changes to, licences and cancellation of endorsements

Division 6 - General provisions about licences

Division 7 - Miscellaneous provisions

PART 4 - COMPLAINTS, INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS RELATING TO BUILDING CERTIFIERS

Division 1 - Complaints