Building Act 1975 (Qld)

Building Act 1975

An Act to regulate building development approvals, building work, building classification, building certifiers and pool safety inspectors, and to provide for particular matters about swimming pool safety and sustainable buildings, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Building Act 1975.

2   Act binds all persons

(1)This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

3   Simplified outline of main provisions of Act

(1)Chapter 2 provides for what building work is assessable development or accepted development for the Planning Act.

(2)Chapter 3 imposes requirements, in addition to those under the Planning Act, for making a building development application.

(3)Chapter 4—

(a)provides for the laws and other documents for the assessment of building development applications; and

(b)provides for who is responsible for carrying out building assessment work for building development applications; and

(c)regulates the assessment and approval of building development applications.

(4)Chapter 5—

(a)provides for the giving of final inspection certificates and other inspection documentation for particular buildings; and

(b)provides for the giving of certificates of occupancy for other buildings; and

(c)regulates the making of BCA classification or use changes; and

(d)restricts the occupation and use of particular buildings.

(5)Chapter 6—

(a)regulates private certifiers and other building certifiers and the performance of building and private certifying functions; and

(b)regulates the engagement of private certifiers; and

(c)provides for the licensing of, and complaints, investigations, and disciplinary proceedings against, private certifiers and other building certifiers.

(6)Chapter 7 makes provisions about fire safety for budget accommodation buildings.

(7)Chapter 7A makes provision about fire safety for particular residential care buildings.

(8)Chapter 8 provides for matters about swimming pool safety, including the regulation of swimming pool fencing.

(9)Chapter 8A regulates the effect of particular instruments in relation to stated matters for class 1a, 2 or 10a buildings.

(10)Chapter 8B provides for the designation of land as a transport noise corridor for particular building assessment work.

(11)Chapter 9 provides for the giving of show cause and enforcement notices for particular building work.

Note—

The QBCC Act also provides for enforcement action relating to building work.

Part 2    Interpretation

4   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

5   What is building work

(1)Building work is—

(a)building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; or

(b)excavating or filling—

(i)for, or incidental to, the activities mentioned in paragraph (a); or

(ii)that may adversely affect the stability of a building or other structure, whether on the land on which the building or other…