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:
Publications available include:
- news flashes
- building newsletters
An obligation defined in law. A business must comply with relevant services.
Definition of terms
a fixed structure wholly or partly enclosed by walls or is roofed, and includes a floating building and any part of a building.
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.
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.
Department of Housing and Public Works
Building Codes Queensland
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