BUILDING REGULATION 2006

Table of Provisions

PART 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
• 3 Definitions

PART 2 - ACCEPTED BUILDING WORK

• 4 Accepted building work for the Planning Act—Act, s 21(2)(a)
5. (Repealed)

PART 2A - (Repealed)

PART 3 - PRESCRIBED MATTERS OR ASPECTS FOR LOCAL LAWS OR LOCAL PLANNING INSTRUMENTS

• 6 Operation of pt 3
• 7 Additional water saving targets
8. (Repealed) 9. (Repealed)
• 10 Planning scheme provisions about particular performance criteria under QDC part 1.1 or QDC part 1.2
• 11 Swimming pool construction
• 12 Designation by local planning instrument of bush fire prone areas
• 13 Land liable to flooding

PART 3A - SMOKE ALARMS FOR DOMESTIC DWELLINGS

PART 4 - SWIMMING POOL SAFETY

Division 1 - Swimming pool barriers and signs

• 13A Resuscitation sign requirements and display
• 14 Warning sign requirements and display—Act, s 233

Division 2 - General provisions

• 15 Prescribed local governments—Act, s 246ACA
• 16 Prescribed notification requirements—Act, s 246ATM
• 16A Additional particulars for regulated pools register—Act, s 246AS
• 16B Prescribed professional indemnity insurance—Act, s 246AV
• 16C Approved code of conduct for pool safety inspectors—Act, s 246BA
• 16D Prescribed minor repairs—Act, s 246BE
• 16DA Inspection of particular prescribed work

Division 2A - Continuing professional development

• 16DB Application of div 2A
• 16DC Definitions for div 2A
• 16DD Continuing professional development
• 16DE CPD activities and points

Division 3 - Provisions about demerit points

• 16E Definitions for div 3
Subdivision 2 - Calculation, allocation and accumulation of demerit points
• 16F Prescribed demerit points—Act, s 246CG(2)(d) and sch 2
• 16G Allocation of demerit points for demerit contraventions
• 16H When demerit points allocated for demerit offences
• 16I QBCC commissioner must notify pool safety inspector about allocation of demerit points
• 16J Limit on demerit points from single audit or investigation
• 16K Procedure if the QBCC commissioner decides pool safety inspector has accumulated 16 demerit points
• 16L Ending procedure without further action
• 16M Notice of accumulation of 16 demerit points after submission period

PART 4A - COMBUSTIBLE CLADDING

Division 1 - Preliminary

• 16N Application of part
• 16O Definitions for part
• 16P References to owner

Division 2 - Obligations on owners of private buildings

• 16Q Registering and giving completed checklist to QBCC
• 16R Keeping completed checklist
Subdivision 2 - Obligations relating to combustible cladding checklist (part 2)
• 16S Application of subdivision
• 16T Giving completed checklist and related statement to QBCC
• 16U Keeping completed checklist and related statement
Subdivision 3 - Obligations relating to combustible cladding checklist (part 3)
• 16V Application of subdivision
16W . Giving fire engineer details to QBCC
• 16X Giving completed checklist and related assessment and statement to QBCC
• 16Y Keeping completed checklist and related assessment and statement
Subdivision 4 - Other obligations relating to affected private buildings
• 16Z Application of subdivision
16ZA . Displaying affected private building notice 16ZB . Giving copy of building fire safety risk assessment to lot owners and tenants Subdivision 5 - Change of ownership of private building
• 16ZC Definitions for subdivision
16ZD . Original owner to give notice of compliance 16ZE . New owner’s obligations relating to giving checklists and related documents 16ZF . New owner’s obligations relating to keeping checklists and related documents 16ZG . New owner’s obligation to display affected private building notice

Division 3 - Obligations on building industry professionals and fire engineers

Division 4 - Miscellaneous

• 16ZJ Order to give completed combustible cladding checklist (part 1)
• 16ZK Order to obtain building industry professional statement
16ZL . Order to obtain building fire safety risk assessment and fire engineer statement 16ZM . Notice about compliance period
• 16ZN Proof of agency
16ZO . Responsibility for acts or omissions of agents
• 16ZP When owner not required to comply with part
• 16ZQ Giving replacement checklist
• 16ZR Removal of documents and entries from online system

PART 5 - COMPETENT PERSONS

Division 1 - General provisions about competent persons

• 17 Appointment and functions
• 18 Restrictions on deciding competency
• 18A Individuals competent to give inspection help
• 19 Building certifier’s obligation to keep record of decision about competency

Division 2 - Restrictions on functions competent persons may perform

• 20 General restrictions
• 21 Restriction on signing inspection certificate for single detached class 1a or a class 10 building
• 22 Restrictions on giving inspection help
• 23 Competent person must not give false or misleading documents

PART 5A - CADET BUILDING CERTIFIERS

• 23A Appointment of cadet building certifier
• 23B Role of cadet building certifier and supervising certifier
• 23C Application of pt 5 to cadet building certifier

PART 6 - INSPECTIONS OF ASSESSABLE BUILDING WORK

Division 1 - Inspections by or for building certifier

• 24 What is a stage of assessable building work
• 25 Local government’s power to exempt particular assessable building work from particular stages of inspection
• 26 Inspection guidelines
Subdivision 2 - Notice for inspection
• 27 Builder’s obligation to give notice for inspection at completion of each stage
• 28 Prohibition on further building work until stage complies
• 29 Notifying QBCC if notice for inspection not given
Subdivision 3 - Carrying out inspection
• 30 Arranging inspection
• 31 Inspection procedure
• 32 Certificate of inspection
• 33 Noncompliance notice
Subdivision 4 - Procedure if noncompliance notice given
• 34 Builder’s obligation to ensure stage complies with development approval
• 35 Consequences of builder not complying with obligation
Subdivision 4A - Additional inspections for chapter 8 pools and their fencing in particular circumstances
• 35A Application of sdiv 4A
• 35B Inspection procedure and process after inspection
• 35C Delaying inspection in particular circumstances
Subdivision 5 - Miscellaneous provision
• 36 Declaratory provision about inspections

Division 2 - Referral agency inspections

• 37 Application of div 2
• 38 Notice to referral agency to inspect
• 39 Referral agency inspection
• 40 Acting on referral agency’s inspection notice
• 41 Consequence of no referral agency notice

PART 7 - GENERAL PROVISIONS ABOUT CERTIFICATES

Division 1 - QBCC licensee certificates

• 42 Application of div 1
• 43 QBCC licensee certificate if building development approval
• 44 QBCC licensee certificate for accepted building work
• 45 QBCC licensee must not give false or misleading certificate

Division 2 - Competent person certificates other than certificates of inspection

• 46 Certificate about building design or specification
• 47 Aspect inspection certificate
• 47A Competent persons (inspections)—restriction for giving certificates
• 48 Content requirements for certificates

Division 3 - Accepting certificates

• 49 Optional acceptability by building certifier
• 50 Optional acceptability by competent person (inspections)

Division 4 - Certificates under CodeMark Scheme

• 51 Certificate of conformity

PART 8 - MISCELLANEOUS PROVISIONS

Division 1 - Approvals and miscellaneous matters

• 51A Approval of amendment of QDC by adding part MP 1.4
• 51AB Approval of amendment of QDC by replacing part MP 1.4
• 51AC Approval of amendment of QDC by omitting part MP 2.4
• 51B Approval of amendment of QDC by adding part MP 2.5
51BA. (Repealed) 51BB. (Repealed) 51BC. (Repealed) 51BD. (Repealed)
• 51BE Approval of amendment of QDC by replacing part MP 4.1
51BEA . Approval of amendment of QDC by replacing part MP 4.2 51BEB . Approval of amendment of QDC by replacing part MP 4.3
• 51BF Approval of amendment of QDC by replacing part MP 4.4
51BG. (Repealed) 51BH. (Repealed) 51BI. (Repealed) 51BJ. (Repealed)
• 51BK Approval of amendment of QDC by replacing part MP 3.3
• 51BL Approval of amendment of QDC by replacing part MP 3.4
51BLAA . Approval of amendment of QDC by adding part MP 3.5 51BLAB . Approval of amendment of QDC by replacing part MP 3.5 51BLAC . Approval of amendment of QDC by adding part MP 3.6 51BLAD . Approval of amendment of QDC by omitting part MP 5.1 51BLA . Approval of amendment of QDC by omitting part MP5.4 51BLAAA . Approval of amendment of QDC by omitting part MP 5.8 51BLB . Approval of amendment of QDC by replacing part MP 6.1 51BLC . Approval of amendment of QDC by adding part 3.7
• 51BM Prescribed day for giving notice about existing regulated pool—Act, s 246AR
• 51C Prescribed day for expiry of existing rainwater tank provisions—Act, s 283
• 52 Prescribed matters for private certification endorsement—Act, s 163
• 52A Prescribed accreditation standards body—Act, s 184(1)(b)
• 53 Information to be supplied by the State—Act, s 255
• 53A Notice requirement for particular development approvals for building work near sewers
• 53B Notice requirement for particular development approvals for farm buildings

Division 2 - Fees

• 54 Fees

Division 2A - Displaying code checklist

• 54A Definitions for div 2A
• 54B Form and content of code checklist
• 54C Display of code checklist for particular temporary accommodation buildings

Division 3 - Transitional provisions

• 55 Definition for div 3
• 56 Undecided building development applications
• 57 Development applications made for relevant building work before designation of rainwater tank area
• 58 Declarations under repealed regulation, s 53

PART 9 - REPEALS

• 59 Repeals

PART 10 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provisions for Building Amendment Regulation (No. 3) 2012

• 60 No continuing professional development prescribed for applications made before 1 December 2012
• 61 Completion of 2 CPD points prescribed for applications made on or after 1 December 2012 and before 1 January 2013
• 62 Completion of 4 CPD points prescribed for particular applications made on or after 1 January 2013 and before 1 February 2013

Division 2 - Transitional provision for Building Amendment Regulation (No. 2) 2014

• 63 Regulated pools constructed before 1 December 2009

Division 3 - Transitional provisions for Building and Other Legislation Amendment Regulation (No. 1) 2014

• 64 Definitions for div 3
• 65 Demerit points not allocated by PSC before commencement
• 66 Demerit points allocated, but not notified, by PSC before commencement

Division 4 - Transitional provision for Building (Swimming Pool Safety—CPR Signs) Amendment Regulation 2016

• 67 Resuscitation signs for particular regulated pools

Division 5 - Transitional provisions for Building and Other Legislation Amendment Regulation 2019

• 68 Definitions for division
• 69 Application of particular provisions if documents given before commencement
• 70 Effect of ending of exemption period on particular private certifiers
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 2A
• SCHEDULE 2B
• SCHEDULE 2C
• SCHEDULE 2D
• SCHEDULE 3
• SCHEDULE 4