Queensland Subordinate Legislation as Made

BUILDING REGULATION 2021

- Made under the Building Act 1975
- As at 27 August 2021
- Reg 126 of 2021

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

   PART 2 - DECLARED ACCEPTED DEVELOPMENT

   4.      Building work declared to be accepted development for Planning Act—Act, s 21

   PART 3 - MATTERS FOR LOCAL LAWS, LOCAL PLANNING INSTRUMENTS OR RESOLUTIONS

   5.      Operation of part
   6.      Design and siting standards for single detached housing
   7.      Designation of area prone to bush fire
   8.      Designation of area liable to flooding

   PART 4 - SMOKE ALARMS FOR DOMESTIC DWELLINGS

   9.      Application of part
   10.     Definition for part
   11.     Installation of smoke alarm
   12.     Placement of smoke alarm

   PART 5 - SWIMMING POOL SAFETY

           Division 1 - Use and display of resuscitation signs and warning signs

   13.     Resuscitation signs—Act, s 231D
   14.     Warning signs for constructing regulated pool—Act, s 233

           Division 2 - Pool safety inspectors

              Subdivision 1 - Continuing professional development

   15.     Definitions for subdivision
   16.     Continuing professional development for renewal or restoration of licence—Act, ss 246BN and 246BR
   17.     CPD activities and CPD points

              Subdivision 2 - Demerit points

   18.     Definitions for subdivision
   19.     Prescribed demerit points—Act, s 246CG and sch 2, definition ground for disciplinary action
   20.     Allocation of demerit points for demerit contraventions
   21.     When demerit points takes effect
   22.     QBCC commissioner must notify pool safety inspector
   23.     If pool safety inspector accumulates 16 demerit points
   24.     QBCC commissioner may take no further action
   25.     When QBCC commissioner must issue further notice

           Division 3 - Miscellaneous

   26.     Prescribed local government—Act, s 246ACA, definition prescribed local government
   27.     Matters for regulated pools register—Act, s 246AS
   28.     Notification requirements for sale of regulated premises—Act, s 246ATM
   29.     Approved code of conduct for pool safety inspector—Act, s 246BA
   30.     Minor repairs—Act, s 246BE
   31.     Inspection of particular repairs, maintenance or other works
   32.     Professional indemnity insurance—Act, sch 2, definition prescribed professional indemnity insurance

   PART 6 - COMPETENT PERSONS

           Division 1 - Preliminary

   33.     Definitions for part

           Division 2 - General

   34.     Building certifier may decide who is competent person
   35.     Restriction on deciding whether individual is a competent person (inspection) for particular work for single detached class 1a building
   36.     Building certifier’s obligation to keep record of decision
   37.     Competent person assessment guidelines

           Division 3 - Restrictions on competent persons

   38.     General restrictions
   39.     Restrictions on giving inspection help
   40.     Competent person must not give false or misleading documents

   PART 7 - CADET BUILDING CERTIFIERS

   41.     Appointment of cadet building certifier
   42.     Role of cadet building certifier and supervising certifier
   43.     Application of part 6 to cadet building certifier

   PART 8 - INSPECTIONS OF ASSESSABLE BUILDING WORK

           Division 1 - Building certifier inspections

              Subdivision 1 - Preliminary

   44.     Stages of assessable building work—Act, schedule 2, definition stage
   45.     Local government may exempt particular assessable building work from particular stages of inspection
   46.     Who can sign particular certificates of inspection
   47.     Inspection guidelines

              Subdivision 2 - Notices for inspection

   48.     Builder’s obligation to give notice for inspection at completion of stage
   49.     Prohibition on further building work until certificate of inspection given
   50.     Notifying QBCC if notice for inspection not given

              Subdivision 3 - Carrying out inspections

   51.     Arranging inspection
   52.     Inspection procedure
   53.     Certificate of inspection
   54.     Noncompliance notice

              Subdivision 4 - Procedure if noncompliance notice given

   55.     Builder’s obligation to ensure stage complies with development approval
   56.     Consequences of builder not complying with obligation

              Subdivision 5 - Additional inspections for pool work in particular circumstances

   57.     Application of subdivision
   58.     Definitions for subdivision
   59.     Building certifier’s obligation to inspect
   60.     Obligations after inspection
   61.     Delaying inspection in particular circumstances

              Subdivision 6 - Inspection without notice being given

   62.     Inspections may be conducted without notice being given

           Division 2 - Referral agency inspections

   63.     Application of division
   64.     Notice to referral agency to inspect
   65.     Referral agency’s decision about inspection
   66.     Responding to notice given by referral agency
   67.     If notice not given by referral agency

   PART 9 - CERTIFICATES

           Division 1 - QBCC licensee certificates

   68.     Application of division
   69.     Definitions for division
   70.     QBCC licensee certificate
   71.     QBCC licensee must not give false or misleading QBCC licensee certificate

           Division 2 - Competent person certificates

   72.     Definitions for division
   73.     Design-specification certificate
   74.     Aspect inspection certificate
   75.     Building certifier may accept competent person certificate
   76.     Competent person (inspection) may accept aspect inspection certificate
   77.     Requirements for certificates

           Division 3 - Certificates under CodeMark Scheme

   78.     Certificate of conformity

   PART 10 - MISCELLANEOUS

           Division 1 - Approvals and other matters

   79.     Queensland Development Code—Act, s 13
   80.     QDC residential design and siting provisions—Act, sch 2, definition QDC residential design and siting provisions
   81.     Approval of replacement of code of conduct—Act, s 129
   82.     Demerit offences—Act, s 214A, definition demerit offence
   83.     Demerit points—Act, s 214E
   84.     Prescribed matters for private certification endorsement—Act, s 163
   85.     Prescribed accreditation standards body—Act, s 184
   86.     Information to be given by the State—Act, s 255
   87.     Notice requirement for particular development approvals for building work near sewers
   88.     Notice requirement for particular development approvals for farm buildings

           Division 2 - Displaying code checklist

   89.     Display of code checklist for particular temporary accommodation buildings

           Division 3 - Fees

   90.     Fees—general
   91.     Fast-track fee and variation application under Act, s 39

   PART 11 - TRANSITIONAL AND SAVINGS PROVISIONS

           Division 1 - Preliminary

   92.     Definition for part
   93.     References to expired regulation
   94.     Acts Interpretation Act 1954, s 20 not limited

           Division 2 - Continuation of obligations relating to combustible cladding part 4A

   95.     Continuation of part 4A
   96.     Offences

           Division 3 - Miscellaneous

   97.     Designated bush fire prone areas
   98.     Designation of and declaration for flood hazard areas
   99.     Demerit contravention committed before the commencement
   100.    Particular noncompliance notices
   101.    Appointment of competent person
   102.    Particular local government resolutions
   103.    Particular relevant proceedings

   PART 12 - AMENDMENT OF OTHER LEGISLATION

           Division 1 - Amendment of Building Fire Safety Regulation 2008

   104.    Regulation amended
   105.    Amendment of s 64A (Fee for assessing or inspecting required special fire services)
   106.    Amendment of sch 3 (Dictionary)

           Division 2 - Amendment of Major Sports Facilities Regulation 2014

   107.    Regulation amended
   108.    Amendment of sch 2 (Conditions for special events at Brisbane Stadium (Lang Park))

           Division 3 - Amendment of Planning Regulation 2017

   109.    Regulation amended
   110.    Amendment of sch 9 (Building work under Building Act)
   111.    Amendment of sch 24 (Dictionary)

           Division 4 - Amendment of Queensland Building and Construction Commission Regulation 2018

   112.    Regulation amended
   113.    Amendment of sch 1AA (Work that is not fire protection work)
   114.    Amendment of sch 6 (Terms of cover for statutory insurance scheme)

           Division 5 - Amendment of State Penalties Enforcement Regulation 2014

   115.    Regulation amended
   116.    Amendment of sch 1 (Infringement notice offences and fines for nominated laws)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10