Queensland: 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 Division 1 Dictionary 4 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4A [Repealed] Division 2 Key definitions 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 structure is situated or on adjoining land; or (c) supporting, whether vertically or laterally, land for activities mentioned in paragraph (a); or (d) other work regulated under the building assessment provisions. (2) For subsection (1)(d), work includes a management procedure or other activity relating to a building or structure even though the activity does not involve a structural change to the building or structure. Examples— • a management procedure under the fire safety standard relating to a budget accommodation building • a management procedure under the fire safety standard (RCB) relating to a residential care building 6 What is a building development application (1) A building development application is— (a) a development application for a development approval— (i) if the local government is the assessment manager for the application—to the extent the application is for building work that, under the Planning Act, must be assessed against the building assessment provisions; and Note— For the functions of a local government in relation to building development applications, see section 51. (ii) if a private certifier is the assessment manager for the application—for building work; or (b) a change application, other than a minor change application, to change a development approval— (i) if the development approval approves building work—in relation to the building work; or (ii) otherwise—to approve building work. (2) However, if a local government is the responsible entity for a change application, the application is a building development application only to the extent the building work mentioned in subsection (1)(b)(i) or (ii) must, under the Planning Act, be assessed against the building assessment provisions. (3) In this section— minor change application means a change application for a minor change to a development approval, as defined in the Planning Act. 7 What is building assessment work Building assessment work is the assessment, under the building assessment provisions, of a building development application for compliance with those provisions. 8 Who is a building certifier (1) A building certifier is an individual who, under chapter 6, part 3, is licensed as a building certifier. (2) A reference to building certifier includes a reference to a private certifier. (3) In chapter 6, the term also includes a reference to a former building certifier. 9 Private certifiers and their classes (1) A private certifier is a building certifier whose licence has, under section 160, private certification endorsement. (2) A private certifier (class A) is a private certifier whose licence has development approval endorsement. (3) A private certifier (class B) is a private certifier whose licence does not have development approval endorsement. 10 What is a building certifying function A building certifying function is doing any of the following— (a) carrying out building assessment work, other than a part of building assessment work that, under section 46, a referral agency may carry out; (b) the giving of a certificate (a compliance certificate) in the approved form that, other than for aspects of building assessment work that under section 46 must be assessed by a referral agency, states building work complies with the building assessment provisions; (c) for a building development approval—inspecting the building work to decide whether to certify the work; (d) for building work for a single detached class 1a building or a class 10 building or structure, the giving of— (i) a certificate in the approved form for the stage of the building work that is after excavation of foundation material and before the footings for the building are laid; and (ii) a certificate (a final inspection certificate) in the approved form for the final stage of the building work; (e) the giving of a certificate of occupancy for a building or structure of another class. 11 Who is the assessment manager for a building development application (1) Generally, the assessment manager for a building development application is the assessment manager for the application under the Planning Act, section 48(1). (2) However, if under section 48 a private certifier (class A) is performing functions for the application, the certifier is the assessment manager for the application. 11A [Repealed] 12 What is the Building Code of Australia (or BCA ) (1) The Building Code of Australia (or BCA) is the document called 'National Construction Code', volume 1 and volume 2 (including the Queensland Appendixes) published by the entity known as the Australian Building Codes Board (the board). (2) The reference to the document called 'National Construction Code' in subsection (1) includes the edition of the code as amended from time to time by amendments published by the board. 12A [Repealed] 12AA [Repealed] 12B [Repealed] 12BA [Repealed] 12C [Repealed] 12D [Repealed] 12E [Repealed] 12F [Repealed] 12G [Repealed] 12K [Repealed] 12Q [Repealed] 13 What is the Queensland Development Code (or QDC ) (1) The Queensland Development Code (or QDC) is the parts, or aspects of the parts, of the document called 'Queensland Development Code' that are prescribed by regulation. (2) A regulation made under this section must state the day on which the part or aspect of the part takes effect. (3) The chief executive must publish the Queensland Development Code on the department's website. 14 When building work complies with the BCA or QDC (1) This section applies if in this Act there is a reference to building work complying with— (a) the BCA or QDC; or (b) the building assessment provisions to the extent they include the BCA and QDC. (2) Building work complies with the BCA or QDC (the code) only if it complies with all relevant performance requirements under the code. (3) For subsection (2), the building work complies with a relevant performance requirement only if it achieves a relevant building solution under the code for the requirement. (4) For subsection (3), a relevant building solution is achieved for a performance requirement only by— (a) complying with the following (the relevant requirement)— (i) if the code is the BCA—the relevant deemed-to-satisfy provisions under the BCA for the performance requirement; (ii) if the code is the QDC—the relevant acceptable solution under the QDC for the performance requirement; or (b) formulating a performance solution that— (i) complies with the performance requirement; or (ii) is shown to be at least equivalent to the relevant requirement; or (c) a combination of paragraphs (a) and (b). 14A [Repealed] 14B [Repealed] 14C [Repealed] 14D [Repealed] 14E [Repealed] 14F [Repealed] 14G [Repealed] Division 3 Other references 15 References to changed BCA or QDC provision Section 14H of the Acts Interpretation Act 1954 applies to a reference to the BCA or QDC as if the reference were a reference to a law. 16 Reference in Act to applicants, development, assessment managers, referral agencies, building work or building certifiers (1) In a provision of this Act about a building development application, a reference to any of the following persons or matters is a reference to the person or matter stated for the referred person or matter— (a) the applicant—the person who made the application; (b) building work—building work to which the application relates; (c) the building—the building to which the application relates; (d) the development—the development to which the application relates; (e) the assessment manager— (i) if the application is a development application—the assessment manager for the application; or (ii) if the application is a change application—the responsible entity for the application; (f) a referral agency—a referral agency for the application; (g) the decision notice—the decision notice for the application. (2) In a provision of this Act about a building development approval, a reference to any of the following persons or matters is a reference to the person or matter stated for the referred person or matter— (a) the applicant—the person who applied for the approval; (b) building work—building work the subject of the approval; (c) the building—the building the subject of the approval; (d) the development—the development the subject of the approval; (e) the building certifier—the building certifier who performed, or is performing, building certifying functions for the relevant building development application or the approval. (3) In a provision of this Act about a building or building work a reference to any of the following persons or matters is a reference to the person or matter stated for the referred person or matter— (a) the building development approval—each building development approval to which the building or building work is subject; (b) the assessment manager—the assessment manager or responsible entity for the building development application for the building development approval to which the building or building work is subject. 17 Reference in Act to local government In a provision of this Act, a reference to a local government, for any of the following matters, means the local government for the area stated for the matter— (a) a building or proposed building—the area in which the building is, or is proposed to be, situated; (b) building work or other work—the area in which the work is, or is proposed to be, carried out; (c) a building development application or development approval—the area in which the building work is, or is proposed to be, carried out; (d) a regulated pool—the area in which the pool is situated. 18 Reference to local government in provision about building development application If— (a) a provision of this Act about a building development application refers to the local government; and (b) under the Planning Act, an entity other than the local government or a private certifier is the assessment manager; the provision applies as if the reference to the local government were a reference to the entity. 19 Reference to a proposed building or structure In this Act— (a) a reference to a building or structure includes a reference to a proposed building or structure; and (b) a reference to the owner of a building or structure is a reference to the person who, if the proposed building or structure were completed, would be its owner; and (c) a reference to the use of a proposed building or structure is a reference to its proposed use on its completion. 19A [Repealed] 19B [Repealed] 19C [Repealed] 19D [Repealed] 19E [Repealed] Chapter 2 When building work is assessable development or accepted development Notes— 1 For the development assessment process under the Planning Act and offences against the Planning Act, including development offences, see the Planning Act, chapters 3 and 5. 2 See chapters 3 and 4 for other provisions for applying for and obtaining a building development approval and for assessing building work. 20 Building work that is assessable development for the Planning Act All building work is assessable development, unless the building work is accepted development under section 21(2) or a regulation made under the Planning Act. 20A [Repealed] 20B [Repealed] 20C [Repealed] 20D [Repealed] 20E [Repealed] 20F [Repealed] 20G [Repealed] 21 Building work that is accepted development for the Planning Act (1) Subsection (2) applies to the extent a regulation made under the Planning Act prescribes that this Act may declare building work to be accepted development. (2) Building work is declared to be accepted development for the Planning Act if— (a) the building work is prescribed by regulation; and (b) if the regulation states that the building work must comply with the relevant provisions—the building work complies with the relevant provisions for the building work. (3) Building work that is accepted development under a regulation made under the Planning Act or subsection (2) is accepted building work. (4) Subsection (2) is subject to section 37. (5) In this section— relevant provisions, for building work, means— (a) if alternative provisions under section 33, or provisions as varied under section 44 (varied provisions), apply to all or part of the building work— (i) the alternative provisions or varied provisions; and (ii) any relevant deemed-to-satisfy provision under the BCA or relevant acceptable solution under the QDC for the work, other than the QDC residential design and siting provisions; and (iii) any other building assessment provision applying to the work; or (b) if no alternative provisions under section 33, or varied provisions, apply to all or part of the building work— (i) any relevant deemed-to-satisfy provision under the BCA or relevant acceptable solution under the QDC for the work; and (ii) any other building assessment provision applying to the work. 22 [Repealed] Chapter 3 Additional requirements for building development applications Note— For the general requirements for development applications and change applications, see the Planning Act, sections 51 and 79. Part 1 Requirements for supporting documents 23 Operation of pt 1 This part imposes requirements for documents (supporting documents) that under the Planning Act are given or required to be given for a building development application. 24 Required information for supporting documents (1) Each supporting document must— (a) state the following details of the person who prepared them— (i) the person's name; (ii) if the person is a designated person—the person's registration or licence number as a designated person; or (b) be accompanied by another document that— (i) states the information mentioned in paragraph (a); and (ii) identifies each supporting document. (2) In this section— designated person means a person who— (a) is an architect under the Architects Act 2002; or (b) is a licensed builder; or (c) under the Queensland Building and Construction Commission Act 1991, holds a licence of any of the following classes— (i) building design—low rise; (ii) building design—medium rise; (iii) building design—open; or (d) is a registered professional engineer under the Professional Engineers Act 2002. 25 General requirements for supporting documents (1) Each supporting document must on its face demonstrate that the carrying out of the building work will comply with the building assessment provisions. (2) Each supporting document must state each of the following— (a) whether any of the following (a relevant authorisation) is necessary for the application— (i) the consent of a registered easement or statutory covenant holder mentioned in section 65(1); (ii) a development permit, PDA development permit, preliminary approval or referral agency's response mentioned in section 83(1); (b) if the application relates to a relevant authorisation that has not lapsed or been withdrawn—how the application is consistent with the authorisation; (c) if the application relates to development mentioned in section 84(2)(a)(i) that may affect the position, height or form of the building work—how the building work is consistent with the provisions mentioned in section 84(2)(c)(i); (d) if the application relates to development mentioned in section 84(2)(a)(ii) that may affect the position, height or form of the building work—how the building work is consistent with the provisions mentioned in section 84(2)(c)(ii); (e) if the application requires site works— (i) if they are assessable development—how they comply with the building assessment provisions; or (ii) if they are accepted building work—their location and type. 26 Requirements if performance solution used If a performance solution is used in the supporting documents, the documents must— (a) state— (i) the performance requirements with which the building work purports to comply; and (ii) how the building work complies with the performance requirements; and (b) contain details of— (i) how the performance solution is different from the relevant deemed-to-satisfy provisions under the BCA or acceptable solutions under the QDC; and (ii) inspection or test results and other documents or information relied on to prepare the application. Part 2 Other requirements 27 Application for building work for budget accommodation building A building development application for a budget accommodation building must be accompanied by a fire safety management plan that will, after the building work is carried out, comply with the Fire Services Act 1990, section 146S. 28 Application to build regulated pool A building development application for the construction of a regulated pool must also be for the construction of barriers, including any fencing, for the pool. 28A [Repealed] 29 Application must include required site works A building development application must include any site works that, under the building assessment provisions, must be carried out as part of or for the development. 29A [Repealed] Chapter 4 Building assessment provisions and assessing building development applications Part 1 Laws and other documents applying to building work Division 1 General provisions about the laws and documents applying to building work 30 Meaning of building assessment provisions The following laws and other documents are the building assessment provisions— (a) chapter 3 and this chapter; (b) the fire safety standard; (c) the fire safety standard (RCB); (d) any provisions of a regulation made under this Act relating to building assessment work or accepted building work; (e) any relevant local law, local planning instrument or resolution made under section 32 or any relevant provision under section 33; (f) the BCA; (g) subject to section 33, the QDC. 30A [Repealed] 30B [Repealed] 30BA [Repealed] 30BB [Repealed] 30BC [Repealed] 30BD [Repealed] 30BE [Repealed] 30BF [Repealed] 30BG [Repealed] 30BH [Repealed] 30C [Repealed] 30D [Repealed] 30E [Repealed] 30F [Repealed] 30I [Repealed] 30J [Repealed] 30K [Repealed] 30L [Repealed] 30M [Repealed] 30O [Repealed] 30P [Repealed] 30Q [Repealed] 30R [Repealed] 30T [Repealed] 30Y [Repealed] 30Z [Repealed] 31 Building assessment provisions are assessment benchmarks for Planning Act (1) Each of the building assessment provisions is an assessment benchmark for the Planning Act for the assessment of building work that is assessable development under section 20. (2) However, for the assessment of the building work under the Planning Act, the building assessment provisions are subject to— (a) how, under this division, the provisions apply to the work; and (b) any variation of them under division 2. (3) The effect of a building assessment provision mentioned in section 30(a) to (d), (f) or (g) can not be changed under a local law, local planning instrument or local government resolution. (4) A local law, local planning instrument or local government resolution must not include provisions about building work, to the extent a building assessment provision mentioned in subsection (3) applies to the building work. (5) To the extent a local law, local planning instrument or local government resolution does not comply with subsection (4), the local law, local planning instrument or local government resolution is of no effect. (6) Subsections (3) to (5) are subject to sections 32 and 33. 32 Local laws, local planning instruments and local government resolutions that may form part of the building assessment provisions A local government may make or amend— (a) a local planning instrument that designates, for the BCA or QDC, matters prescribed under a regulation; or Example of a matter that may be prescribed— designated bush fire prone areas for the BCA (b) a provision of a local law or planning scheme or a resolution about an aspect of, or matter related or incidental to, building work prescribed under a regulation; or Examples of aspects that may be prescribed— swimming pool fencing or land liable to flooding (c) alternative provisions under section 33. 32A [Repealed] 32B [Repealed] 33 Alternative provisions to QDC residential design and siting provisions for particular buildings (1) This section applies for work (relevant work) that— (a) is building assessment work or accepted building work; and (b) is for a relevant building or a class 10 building or structure located on the same allotment as a single detached class 1 building. (2) A planning scheme or PDA instrument may include provisions (alternative provisions) that, for relevant work, are alternative or different to the QDC residential design and siting provisions. (3) However, a planning scheme or PDA instrument may include alternative provisions only if the provisions are a qualitative statement or quantifiable standard. (4) If there are alternative provisions for relevant work, the QDC residential design and siting provisions only apply to the extent the alternative provisions do not apply to the work. (5) Alternative provisions can not be made other than under a planning scheme or PDA instrument. (6) In this section— PDA instrument means a relevant development instrument for a priority development area, made under the Economic Development Act 2012. qualitative statement means a statement about a performance or outcome sought to be achieved when applicable buildings or structures are completed. quantifiable standard means a standard that achieves a performance or outcome sought under a qualitative statement. relevant building means a building that is— (a) a single detached class 1 building; or (b) a building of a class and type prescribed by regulation. 34 [Repealed] 34A Decision for building development application that complies with building assessment provisions (1) This section applies subject to section 83 and the Planning Act, chapter 3. (2) If the assessment manager for a building development application is satisfied the application complies with the building assessment provisions, the assessment manager must approve the application. 35 Relationship between the BCA and the QDC If the BCA is inconsistent with a part of the QDC, the part prevails to the extent of the inconsistency. 35A [Repealed] 36 When building assessment provisions must be applied (1) This section applies subject to sections 37 and 61. (2) Building assessment work, other than building assessment work carried out under section 46, must comply with the building assessment provisions in force when the application is approved. 36AA [Repealed] 36A [Repealed] 36B [Repealed] 36C [Repealed] 36D [Repealed] 36E [Repealed] 36F [Repealed] 36G [Repealed] 36H [Repealed] 36I [Repealed] 36J [Repealed] 36K [Repealed] 36L [Repealed] 36M [Repealed] 36N [Repealed] 36O [Repealed] 37 Provision for changes to building assessment provisions (1) This section applies to building work if— (a) the lawful carrying out of the work starts before a building assessment provision is amended; or (b) the building development approval was given before a building assessment provision is amended, but the work does not start before the amendment commences; or (c) a building development application is made for the work before a building assessment provision is amended, but the application is not decided before the amendment commences; or (d) planning for carrying out the work started before a building assessment provision is amended and the building certifier for the building development approval certifies in writing that— (i) substantial progress was made on the design of the building, or the design was completed, before the amendment; and (ii) the design would need to be changed to comply with the amended provision; and (iii) the changes needed under subparagraph (ii) are not minor changes, having regard to the amendment and the nature of the building work. Example of a change to a design that is not a minor change— the removal of floors from a design to comply with an amended building assessment provision requiring the installation of water tanks in a building (2) Despite the amendment, a building development approval for the work may be given if the approval is given under the building assessment provisions in force immediately before the amendment. (3) For subsection (1)(a) the work is lawfully carried out if it is carried out under the building assessment provisions in force immediately before the amendment. (4) For subsections (1) and (3), an amendment of the building assessment provisions includes an amendment of a document adopted by, or to which a reference is made in, any of the provisions. (5) A regulation may provide the following, to the extent stated in the regulation— (a) subsection (2) does not apply in relation to the building work for an amendment of a building assessment provision; (b) a building development approval for the building work may be given only if the approval is given under the building assessment provisions as amended. (6) The Minister may recommend to the Governor in Council the making of a regulation under subsection (5) only if— (a) the Minister has conducted an impact assessment of the making of the regulation; and (b) the Minister is satisfied the regulation is necessary to reduce or remove a risk of serious injury or illness to an individual having regard to— (i) the impact assessment; and (ii) if the regulation is not made, any other way to manage the risk. Division 2 Variation of how particular building assessment provisions apply 38 Applying to vary how particular building assessment provision applies (1) If— (a) building work is proposed to be carried out, is being carried out or has been carried out; and (b) the building work will not, or does not, comply with a provision of any of the building assessment provisions; a person may apply (the variation application) to the chief executive to vary how the provision applies to the building work. (2) However, the variation application can not be made if the provision permits an assessment manager to exercise discretion about the matter for which the variation is sought. Example of a provision mentioned in subsection (2)— part 3 (3) The variation application must be made in the approved form and be accompanied by the fee prescribed under a regulation. 39 Applying for fast-track decision (1) The applicant under the variation application, may, in the application, ask the chief executive to decide the application within 2 business days after making the application. (2) A request made under subsection (1) must be accompanied by the fee prescribed under a regulation. (3) The chief executive may grant or refuse the request. (4) If the chief executive grants the request, the chief executive may, as a condition of granting the request, require the applicant to pay any reasonable additional costs that would be incurred by the chief executive in deciding the variation application within the 2 business days. 40 Effect of variation application on development assessment process under Planning Act If the variation application is about building work proposed to be carried out for which work a building development application has been made, the development assessment process under the Planning Act for the building development application— (a) stops on the day the variation application is received by the chief executive; and (b) starts again the day the chief executive gives the applicant under the variation application notice under section 43. 41 Deciding variation application (1) If the building work is being or is to be carried out by or for someone other than the State, the chief executive must consult with the assessment manager about the variation application before deciding it. (2) The chief executive may consult with any other person about the variation application before deciding it. (3) After considering the variation application, the chief executive must decide to vary or refuse to vary how the provision applies to the building work. (4) The chief executive must decide the variation application within 20 business days after the application is made. 42 Criteria for decision (1) In making the decision the chief executive must consider all relevant matters, including for example— (a) whether the building work substantially complies with the other building assessment provisions; and (b) whether compliance with the provision is unnecessary in the particular circumstances; and (c) whether the proposed variation is as effective as, or more effective than, compliance with the provision. (2) However, the chief executive may vary how the provision applies to the building work only if the chief executive considers the general safety and structural standards of the relevant building or structure would not be at risk. 43 Notice of decision (1) The chief executive must, within 5 business days after deciding the variation application, give the applicant and the assessment manager for the building work notice of the decision. (2) If the decision is to refuse to vary how the provision applies to the building work, the notice must be an information notice. Note— For appeals against a decision for which an information notice must be given under this section, see the Planning Act, section 229. 44 Effect of variation (1) This section applies if the chief executive decides to vary how the provision applies to the building work. (2) Subject to any appeal against the chief executive's decision, the provision, as varied by the decision, applies to the building work. (3) An assessment manager must not refuse to approve a building development application to which the chief executive's decision relates only on the ground that the building work does not comply with the provision without the variation. Part 2 Persons responsible for assessing building development applications Division 1 Who carries out building assessment work 45 Generally a building certifier must assess Subject to section 46, building assessment work must be carried out by a building certifier. 46 Referral agencies may assess application against building assessment provisions (1) This section applies if, under the Planning Act— (a) a person is a referral agency for a building development application; and (b) the person must assess the application against a building assessment provision or part of a building assessment provision. (2) Only the referral agency may assess the application against the provision or part. (3) Assessment of the application by the referral agency must be done under the building assessment provisions. (4) Subject to sections 37 and 61, the assessment must be carried out under the building assessment provisions in force when the assessment is made. (5) If the referral agency must, under the Planning Act, assess the application against the fire safety standard, the referral agency must appoint or employ a building certifier to carry out the assessment. Note— For the referral agencies for building development applications, see the Planning Act, section 54(2). 46A [Repealed] 46B [Repealed] 46C [Repealed] Division 2 Functions of private certifiers 47 Operation of div 2 (1) This division confers functions on private certifiers for building development applications. (2) The functions are in addition to the building certifying functions that private certifiers may perform as building certifiers. (3) The additional functions, together with building certifying functions, are private certifying functions. 48 Functions of private certifier (class A) (1) A private certifier (class A) may— (a) receive and assess a building development application; and (b) decide the building development application, and give a decision notice for the application; and (c) decide whether enforcement action under this Act or the Planning Act ought to be taken for a building development approval granted by— (i) the private certifier (class A); or (ii) another private certifier (class A) employed by the same private certifier employer when the decision to take the enforcement action is made. (2) For section 248, a reference to a local government includes a reference to a private certifier (class A) performing functions under subsection (1)(c). (3) However, subsections (1)(c) and (2) apply only until the giving of a final inspection certificate for the building work or a certificate of occupancy for the building. (4) Despite the Planning Act— (a) a private certifier (class A) is an enforcement authority for that Act in relation to building work only until a final inspection certificate for the building work, or a certificate of occupancy for the building, is given; and (b) after the final inspection certificate or certificate of occupancy is given, the local government is the enforcement authority for that Act in relation to the building work. (5) To remove any doubt, it is declared that subsections (1)(c) and (2) do not limit the local government's functions or powers under this Act or the Planning Act, chapter 5, part 3. (6) Subsection (7) applies if— (a) under this section a private certifier (class A) gives a person an enforcement notice under this Act; or (b) a private certifier (class A) that is an enforcement authority under the Planning Act gives a person an enforcement notice under the Planning Act. (7) If the person does not comply with the enforcement notice, the private certifier (class A) must give the local government a notice that the person has not complied with the enforcement notice. 49 Functions of private certifier (class B) A private certifier (class B) may— (a) receive a building development application; and (b) carry out all building assessment work for the application other than in relation to the QDC residential design and siting provisions. 50 Restrictions on building certifying functions that a private certifier (class B) can perform (1) A private certifier (class B) can not give a final inspection certificate or certificate of occupancy. (2) A private certifier (class B) can only give a compliance certificate about whether building work complies with the BCA or a provision of the QDC, other than the QDC residential design and siting provisions. Division 3 Functions of local government 51 Function to act on building development application or development approval unless private certifier (class A) engaged (1) This section applies if— (a) a person wishes to make a building development application to the local government; and (b) if the application were made, it would be a properly made application; and (c) a private certifier (class A) is not engaged for the application; and (d) if a private certifier (class B) is engaged for the application—the private certifier (class B) has not entered into an agreement mentioned in section 140(3) for the proposed application. (2) The local government must do the following— (a) under the Planning Act, chapter 3, receive, assess and decide the application; (b) appoint or employ a private certifier or another building certifier to perform building certifying functions for— (i) the application; and (ii) if the building development approval applied for is granted—the building work. Note— If a private certifier is appointed or employed, the functions can not include private certifying functions that are not also building certifying functions. See section 138. (3) If— (a) a private certifier (class A) has granted a building development approval; and (b) the engagement of a private certifier to inspect and certify the building work is discontinued; and (c) the building work has not been certified; the local government for the approval must, if asked in writing by the nominated owner of the building, appoint or employ a building certifier to perform building certifying functions for the building work. (4) This section is subject to sections 31 and 52. (5) In this section— nominated owner, of a building, means the person who, under the most recent building development application for the building, was nominated in the application as the person to receive the inspection documentation for building work for the building. 52 Restriction on local government issuing building development approval The local government for a building development application may issue the building development approval applied for only if— (a) a local government building certifier has carried out the building assessment work for the application; and (b) the building certifier is appropriately licensed to carry out the building assessment work. 52A [Repealed] 53 Local government may rely on particular compliance certificates and other documents (1) This section applies if— (a) a building certifier gives the local government for a building development application (the original application) a compliance certificate or other document; and (b) the certificate or other document was made by or given to the building certifier to carry out building assessment work under the original application. (2) The local government may, in carrying out functions under this Act for the following, accept and, without further checking, rely and act on the certificate or other document— (a) the original application; (b) another building development application for all or part of the building work under the original application. 54 Local government may rely on documents private certifier gives it for providing public access (1) This section applies if— (a) under this Act, a private certifier gives a document to the local government for a building development application; and (b) under the Planning Act, section 264, the local government must, or may, keep the document publicly available. (2) The local government may accept, and without further checking, rely and act on the document for the purpose of making the document publicly available. Division 4 Power of particular replacement assessment managers to decide status of development assessment process under Planning Act 55 Power to decide what stage of development assessment process under Planning Act application process may resume or start (1) This section applies if— (a) a private certifier (class A) is engaged to assess or decide a building development application; and (b) the engagement is discontinued; and (c) the application has not been decided; and (d) a new private certifier (class A) is engaged for the application. (2) This section also applies if— (a) a building development approval lapses under part 7; and (b) the owner of the land to which the approval attached immediately before it lapsed makes a new building development application for all or part of the building work under the lapsed approval. (3) The assessment manager for the application or new application may resume or start the application process at any stage of the development assessment process under the Planning Act the assessment manager considers appropriate. Part 3 Discretionary matters in the assessment of building development applications 56 Building certifier's discretion—BCA (1) This section applies for a building certifier carrying out building assessment work for a building development application if— (a) the BCA allows a discretionary decision about a building design or specification for building work; and Example of discretionary decision— the BCA uses the word 'suitable' or 'adequate' (b) the application proposes the use of the discretion. (2) The building certifier must— (a) consider the objectives and functional statements of the BCA in relation to the design or specification; and (b) decide whether the design or specification complies with— (i) generally—the BCA; or (ii) if, for the application, the BCA is varied under part 1, division 2—the BCA as varied. (3) The building certifier must not make the decision in a way that conflicts with the objectives or functional statements. 57 Building certifier's or referral agency's discretion—QDC (1) This section applies for a building certifier or referral agency carrying out building assessment work for a building development application if— (a) a part of the QDC applies to the application; and (b) the part allows a discretionary decision about a building design or specification; and Example of discretionary decision— QDC uses the word 'suitable' or 'adequate' (c) the application proposes the use of the discretion. (2) The building certifier or referral agency must decide whether the design or specification complies with— (a) generally—the QDC; or (b) if, for the application, the QDC is varied under part 1, division 2—the QDC as varied. 58 Survey certificate (1) A building certifier may, before assessing a building development application, require that a cadastral survey, including a survey commonly called in the surveying profession an identification survey, be carried out to show— (a) the boundaries of the allotment on which the building work is proposed; and (b) the location of any proposed or existing buildings or structures on the allotment. (2) The absence of a requirement under subsection (1) does not prevent the requirement being made by a condition of the building development approval, under section 78. 59 Discretion for building development applications for particular budget accommodation buildings (1) This section applies to the assessment of a building development application to the extent it is for building work required to ensure the building complies, under section 220, with the fire safety standard. (2) The decision on the application may be inconsistent with the planning scheme applying to the land on which the building work is to be carried out. Example— A desired outcome in the planning scheme is that the building does not affect the amenity and aesthetics of the neighbourhood of the building. An external stairway required under the fire safety standard does not achieve the outcome. The application may be approved despite the inconsistency. 60 Building certifier may rely on particular compliance certificates and other documents (1) This section applies if— (a) a building certifier has given anyone else a compliance certificate or other document; and (b) the certificate or other document made by or given to the building certifier is to carry out building assessment work for a building development application (the original application). (2) Another building certifier may, in carrying out functions under this Act for the following, accept and, without further checking, rely and act on the certificate or other document— (a) the original application; (b) another building development application for all or part of the building work under the original application. 61 Alterations to safe existing work may be approved on basis of earlier building assessment provisions (1) This section applies for a building development application if— (a) the building work is alterations to an existing building or structure; and (b) the building certifier is satisfied the general safety and structural standards of the building or structure would not be at risk if the alterations were to be carried out under earlier building assessment provisions. (2) The building certifier may carry out building assessment work for the application on the basis that the building work is to be carried out under the earlier building assessment provisions. (2A) However, subsection (2) does not apply to the extent a regulation mentioned in section 37(5) states an amendment of a building assessment provision does not apply and the approval must be given under the building assessment provisions as amended. (3) Subsection (4) applies if the building's BCA classification as shown on the certificate of occupancy for the building has changed only because of an amendment to building classifications under the BCA made after the certificate was given. (4) Without limiting subsection (2), the building certifier may carry out building assessment work for the application on the basis that the building work is to be carried out under the building assessment provisions applying for the BCA classification shown on the certificate of occupancy. (5) In this section— building assessment provisions includes the former Standard Building By-laws and Standard Building Law under this Act and the repealed Standard Building Regulation 1993. earlier building assessment provisions means the building assessment provisions as they were in force at a particular time before the application was made. Part 4 Requirements for and restrictions on assessing or approving building development applications 62 [Repealed] 63 Restriction on granting building development approval for budget accommodation building If a building development application is for a budget accommodation building, the assessment manager must not approve the application unless the assessment manager is satisfied— (a) the fire safety management plan accompanying the application complies with the Fire Services Act 1990, section 146S; or (b) the building work involves a performance solution, for performance requirements under the BCA, that includes a fire safety management procedure as a condition of the occupation and use of the building and the fire safety management plan adequately reflects the procedure. 63A Restriction on granting building development approval for residential care building (1) This section applies to a building development application for building work that includes an alteration to a residential care building to which chapter 7A applies. (2) The assessment manager must not approve the application unless— (a) the application also relates to building work (if any) to be carried out to the rest of the residential care building; and (b) the assessment manager is satisfied that, after the building work is completed, the whole of the residential care building will comply with the fire safety standard (RCB). (3) In this section— alteration, to a residential care building, means— (a) an alteration affecting more than 20% of the floor area of the building; or (b) an addition of more than 20% to the floor area of the building. 63B [Repealed] 64 Required report before assessing application for temporary building or structure with special fire service (1) This section applies to a building development application for a temporary building or structure that is proposed to have a special fire service. (2) Before carrying out building assessment work for the application, the building certifier must obtain from Queensland Fire and Rescue a report on the suitability of the proposed service. 64C [Repealed] 64D [Repealed] 65 Land subject to registered easement or statutory covenant (1) This section applies if a building development application is for land subject to— (a) a registered easement; or (b) a registered statutory covenant for which the registered holder of the covenant is— (i) the State; or (ii) a statutory body representing the State; or (iii) a local government. (2) The assessment manager must not approve the application unless each registered holder of the easement or covenant has consented to the building work. (3) However, subsection (2) does not apply to a building development application for a class 1, 2, 3 or 4 building on land subject to a noise covenant if a building assessment provision is expressed to apply specifically for the reduction in a class 1, 2, 3 or 4 building of noise coming from outside the building. (4) In this section— noise covenant means a registered statutory covenant— (a) for which the registered holder of the covenant is the State; and (b) for the reduction in a class 1, 2, 3 or 4 building of noise coming from outside the building. registered means registered under the Land Act 1994 or Land Title Act 1994. 66 Special structures (1) This section applies to a building development application for a building that, under section 120, is classified as a special structure. (2) The assessment manager must not approve the application unless the special structure— (a) complies with the building assessment provisions; and (b) reasonably provides for all of the following— (i) the safety of persons using the structure if there is a fire (including, for example, means of egress); (ii) the prevention and suppression of fire; (iii) the prevention of the spread of fire; (iv) the health and amenity of persons using the structure. 66A [Repealed] 66B [Repealed] 67 Temporary building or structures (1) A building development approval for any temporary building or structure must include a condition that— (a) limits the period during which the temporary building or structure may remain in place; and (b) requires removal or demolition of the temporary building or structure at the end of the period. (2) Subsection (3) applies to a building development application for a temporary building or structure if— (a) no building assessment provision is expressed to apply specifically to temporary buildings or structures generally or to temporary buildings or structures of the same type as the temporary building or structure; and (b) the building or structure would not otherwise comply with the building assessment provisions. (3) The assessment manager must not approve the application unless the building certifier has decided the temporary building or structure— (a) is structurally sound and capable of withstanding the loadings likely to arise from its use; and (b) reasonably provides for all of the following— (i) the safety of persons to be accommodated in the building or structure if there is a fire (including, for example, means of egress); (ii) the prevention and suppression of fire; (iii) the prevention of the spread of fire; (iv) the health and amenity of persons to be accommodated in the building or structure. 68 Particular alterations not permissible (1) This section applies to a building development application for alterations to an existing building or structure. (2) However, this section does not apply if— (a) the alterations are for a budget accommodation building to which chapter 7, part 3 applies; and (b) the purpose of the alterations is to ensure the building or structure complies with the fire safety standard. (3) The assessment manager must not approve the application unless the building certifier has decided the alterations do not unduly reduce the following— (a) the existing level of fire protection for persons accommodated in, or using, the building or structure; (b) the existing level of resistance to fire of the building or structure; (c) the existing safeguards against spread of fire to adjoining buildings or structures; (d) the existing level of emergency egress from the building or structure. 68A Statement of reasons for approving performance solution (1) This section applies if— (a) a performance solution is used in the supporting documents for a building development application; and (b) the assessment manager decides to approve the application on the basis of the performance solution. (2) The assessment manager must prepare a written statement of reasons for the decision. (3) The statement must contain details of— (a) how the performance solution is different from the relevant deemed-to-satisfy provisions under the BCA or acceptable solutions under the QDC; and (b) inspection or test results and other documents or information relied on to make the decision. Part 5 Conditions of building development approvals Note— For general provisions about conditions of development approvals, see the Planning Act, chapter 3, part 3, division 3. Division 1 Conditions taken to be imposed 69 Operation of div 1 (1) This division imposes restrictions and obligations for particular building development approvals. (2) The restrictions and obligations are taken to be conditions of building development approvals to which they relate. (3) This division does not limit the conditions that may be imposed under the Planning Act. (4) If a provision of this division applies to a building development approval, the condition provided for under the provision (an imposed condition) is taken to— (a) have been imposed on the approval; and (b) comply with the Planning Act, section 65(1). (5) The Planning Act, chapter 3, part 5, division 2, subdivision 2 does not apply to an imposed condition. (6) If there is a conflict between an imposed condition and another condition of a building development approval, the imposed condition prevails to the extent of the inconsistency. 70 Engineering drawings (1) This section applies if— (a) supporting documents for a building development application are in the form of engineer's drawings or other engineering details; and (b) the drawings or details were not included with the application; and (c) the application is approved. (2) Work on any footings for the building work must not start until the drawings and details for the footings have been approved by the building certifier. (3) A stage of the building work must not be started until the drawings and details for the stage have been approved by the building certifier. 71 When demolition, removal and rebuilding must start and be completed (1) This section applies to a building development approval for building work to— (a) demolish or remove a building or structure; or (b) rebuild, after removal, a building or structure. (2) The building work must substantially start within 2 months after the giving of the approval. (3) Within 1 year after the giving of the approval— (a) the building work must be completed; and (b) if the building work is rebuilding, after removal, of a building or structure, either— (i) if, under the approval or a regulation, the building work must be inspected, a final inspection showing that the building work complies with the approval or regulation is carried out; or (ii) under chapter 5, a certificate of occupancy must be given for the building. (4) The condition under subsection (3) is the demolition/removal completion condition. (5) However, a person may apply to the local government to approve 1 extension of the period mentioned in subsection (3) for a period of up to 6 months. (6) The application must be— (a) made before the end of the period mentioned in subsection (3); and (b) in writing; and (c) supported by enough information to enable the local government to decide the application. (7) A person who makes an application for an extension must, within 5 business days of making the application, give a copy of the application to the assessment manager who gave the building development approval mentioned in subsection (1), unless the local government is also the assessment manager. (8) The local government may consult with any other entity the local government considers appropriate in deciding the application. (9) The local government must decide the application within 10 business days after the application is made. (10) In making a decision about the application the local government may consider all relevant matters, including, for example— (a) how much building work has been undertaken at the time of the making of the application and whether the building work that has been undertaken is structurally sound; and (b) any impact the building work may have on the local community if the extension were given or not. (11) The local government must, within 5 business days after deciding the application, give the applicant and the assessment manager for the building work notice of the decision. (12) If the decision is to refuse to extend the building development approval, the notice must be an information notice. Note— For appeals against a decision for which an information notice must be given under this section, see the Planning Act, section 229. (13) If the local government grants the application, the building development approval for the building work is taken to have been extended for the period granted by the local government. (14) Subsection (15) applies if— (a) an application for an extension is made before the end of the period mentioned in subsection (3); and (b) the local government has not made a decision about the application before the end of that period. (15) The building development approval for the building work is taken to have been extended until the earlier of the following events— (a) the local government notifies the applicant of its decision; (b) the end of 6 months after the end of the period mentioned in subsection (3). 72 Building work in erosion prone area (1) This section applies to a building development approval for an erosion pron