Building Act 1975 - Queensland

Service summary

The Building Act 1975 promotes acceptable standards of health, safety, sustainability and amenity in the built environment.

The Act stipulates minimum, acceptable, cost effective standards for the design and construction of all new building work (including new buildings and alterations to existing buildings) and the change of use of existing buildings. It also contains provisions relating to building demolition.

The Act deals with the following specific issues:

  • structural safety
  • fire protection
  • access to and egress from buildings
  • health and amenity (e.g. light, ventilation and toilet facilities)
  • swimming pools and fencing
  • special requirements for buildings in certain areas (e.g. bushfire prone areas)
  • energy efficiency and sustainable development.

Information on the Planning and Environment Court can be found on the Queensland Courts website.

The following Subordinate Legislation should be examined:

  • Building Regulation 2006 (includes the Building Code of Australia and the Queensland Development Code)

Publications available include:

  • news flashes
  • building newsletters
  • guidelines.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Building

a fixed structure wholly or partly enclosed by walls or is roofed, and includes a floating building and any part of a building.

Additional information

To allow flexibility in application of building standards, application may be made to vary the Building Regulation 2006. Applications should be made to the Registrar, Building and Development Committees.

All inquiries should be directed to the Principal Building Certifier of your relevant Local Government.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

A person cannot undertake any assessable building work without prior approval from a Building Certifier.

Local governments are responsible for prosecuting breaches of the Act through the appropriate court which may impose heavy fines on conviction.

Local governments may also, by notice, order the rectification, or require the demolition, of a building or other structure which either cannot be made to comply or is dangerous.

Review or Appeal Mechanisms:

An objection may be made against any decision by a building certifier in respect of applications or notices issued by the certifier. This objection should be first lodged with the Registrar of Building and Development Committees.

A further right of appeal, on matters of law and jurisdiction, may be made to the Planning and Environment Court.


Administering agency

Department of Housing and Public Works
Building Codes Queensland

Contact details

Director, Building Legislation and Standards
Department of Housing and Public Works
Building Codes Queensland

Operating address:
Level 5, 63 George Street
Brisbane, Queensland 4000
Mailing address:
PO Box 15009
City East
Queensland 4002

Phone:

07 3235 4057

Fax:

07 3237 1248

Website:

Department of Housing and Public Works Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.