Information provided by the Queensland Building Services Authority (BSA) on building certification potentially relevant your re-Lifing project in Queensland. As regulations vary across the nation, Your Building invites other state and territory authorities to submit similar material as it applies to their region to enquiries@yourbuilding.org
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You may need to know more about Building Certification - Fixed requirements and discretionary considerations (State and Federal Regulation)
A development application will be subject to State and Federal building provisions. Building Acts, Regulations, Development Codes, local Government laws etc. are usually applicable to their respective states or territories. Whereas the Building Codes of Australia
(BCA) provide national minimum health, safety and sustainability standards for all states and territories. Australian Standards however, may be called up in the BCA as a building provision or may be referred to as a manufacturer recommendation etc.
These building provisions have a hierarchy of power which may vary between states or territories. For example, the Building Act of Queensland, under section 30, calls up the Building Codes of Australia (BCA) and relevant Australian Standards.
Therefore a building application in Queensland will be subject to; the Queensland Building Act and Regulations, the Queensland Development Code, local Government laws, the BCA, and relevant Australian Standards. Further, in Queensland, building work and defective building work are defined under the Queensland Building Services Authority Act.
Links to the Queensland Building Act, the Queensland Integrated Planning Act (IPA) and the Queensland Development Code (QDC), the Queensland Building Services Authority Act (QBSA Act), and the Building Codes of Australia (BCA) are provided below -
It is advisable to consult with a building certifier at the design stage of development to identify building compliance requirements specifically applicable to your project. The following questions may need to be explored in consultation with your building certifier -
- Is it assessable building work?
- What requirements are applicable to the development application?
- Supporting documents; alternative solutions; budget accommodation buildings; swimming pool fencing; site works
- What does the building certifier provide?
- What discretion does the certifier have?
- What conditions may be applicable on the building development approvals?
- What regulatory limitations may be applicable?
- What is the duration of the building approval?
- What is the proposed use of the building refurbishment?
- What about the building certifier function and performance?
- Show cause, enforcement and appeals
- General provisions
- Transactional provisions
The building certifier has a judicial responsibility to ensure that building applications are compliant with all relevant building provisions. Some provisions are categorical in nature while other provisions are more discretionally in nature.
Building Act 1975
Section 110 - Restriction on making BCA classification change - Section 110 restricts an owner of a building changing the use of the building to that of another classification until either a local government building certifier or a private building certifier Class A has approved the change in classification and the building as changed complies with the building assessment provisions. The change in classification is made under Section 111 of the Building Act 1975
Section 112 - Concessional approval for particular existing buildings - Section 112 only applies to existing buildings built before 14 December 1993 but effectively provides an exemption from the need to ensure that the building complies with all the building assessment provisions, other than the BCA, Parts E1 and E4.
Section 114 - No occupation or use of particular buildings without certificate of classification - Section 114 prohibits the owner's use of a building without a certificate of classification (not applicable to Class 1a or 10 buildings)
Section 115 - Occupation and use of building must comply with relevant BCA and QDC provisions - Section 115 prohibits the use of a building unless it complies with any relevant BCA provision for its class and any relevant QDC provision applicable to the building.
Section 118 - Restriction on use of buildings built on or after 1 April 1976 - Section 118 requires the owner of a building built after 1 April 1976 to ensure its use complies with its classification as stated in the last certificate of classification for the building.
Section 38 - Applying to vary how particular building assessment provision applies (Variation application). Note: Section 38 allows an applicant to apply to the chief executive to vary how a particular building assessment provision applies to the building work. It might be used to seek a dispensation on a particular rule, law or provision to be applied.
Section 39 - Applying for fast track decision - Note: Section 39 allows an applicant to apply to the chief executive for a fast track decision for their application made under Section 38.
Building Regulation 2006
Schedule 1 (item 7 and 8) - Note: Schedule 1 prescribes what work may be declared as being self-assessable development. Were the building works to be captured by points 7 or 8 of the schedule, then a formal building development application approval would not be required. However, any works would still need to comply with the BCA and any relevant Standard or Code. If there is a change in classification, then the work will be declared as assessable development requiring approval by a local government building certifier or private certifier Class A.
Building Fire Safety Regulation 1991
Section 26 - Fitting out of buildings - Section 26 applies to existing buildings containing special fire services.
Section 30 - Fee for inspection of special fire service for approving BCA classification change. Section 30 requires the payment of fees for the inspection of special fire services when proposing the changing of the buildings BCA classification.
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BuildA75.pdf
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