Queensland Consolidated Regulations

BUILDING REGULATION 2006

- Made under the Building Act 1975
- As at 1 July 2021
- Reg 227 of 2006

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

   PART 2 - ACCEPTED BUILDING WORK

   4.      Accepted building work for the Planning Act—Act, s 21(2)(a)
   5.      (Repealed)

   PART 2A - (Repealed)

   PART 3 - PRESCRIBED MATTERS OR ASPECTS FOR LOCAL LAWS OR LOCAL PLANNING INSTRUMENTS

   6.      Operation of pt 3
   7.      Additional water saving targets
   8.      (Repealed)
   9.      (Repealed)
   10.     Planning scheme provisions about particular performance criteria under QDC part 1.1 or QDC part 1.2
   11.     Swimming pool construction
   12.     Designation by local planning instrument of bush fire prone areas
   13.     Land liable to flooding

   PART 3A - SMOKE ALARMS FOR DOMESTIC DWELLINGS

   13AA.   Application of part
   13AB.   Definition for part
   13AC.   Smoke alarms for domestic dwellings
   13AD.   Requirements for placement of a smoke alarm

   PART 4 - SWIMMING POOL SAFETY

           Division 1 - Swimming pool barriers and signs

   13A.    Resuscitation sign requirements and display
   14.     Warning sign requirements and display—Act, s 233

           Division 2 - General provisions

   15.     Prescribed local governments—Act, s 246ACA
   16.     Prescribed notification requirements—Act, s 246ATM
   16A.    Additional particulars for regulated pools register—Act, s 246AS
   16B.    Prescribed professional indemnity insurance—Act, s 246AV
   16C.    Approved code of conduct for pool safety inspectors—Act, s 246BA
   16D.    Prescribed minor repairs—Act, s 246BE
   16DA.   Inspection of particular prescribed work

           Division 2A - Continuing professional development

   16DB.   Application of div 2A
   16DC.   Definitions for div 2A
   16DD.   Continuing professional development
   16DE.   CPD activities and points

           Division 3 - Provisions about demerit points

              Subdivision 1 - General

   16E.    Definitions for div 3

              Subdivision 2 - Calculation, allocation and accumulation of demerit points

   16F.    Prescribed demerit points—Act, s 246CG(2)(d) and sch 2
   16G.    Allocation of demerit points for demerit contraventions
   16H.    When demerit points allocated for demerit offences
   16I.    QBCC commissioner must notify pool safety inspector about allocation of demerit points
   16J.    Limit on demerit points from single audit or investigation
   16K.    Procedure if the QBCC commissioner decides pool safety inspector has accumulated 16 demerit points
   16L.    Ending procedure without further action
   16M.    Notice of accumulation of 16 demerit points after submission period

              Subdivision 3 - (Repealed)

   PART 4A - COMBUSTIBLE CLADDING

           Division 1 - Preliminary

   16N.    Application of part
   16O.    Definitions for part
   16P.    References to owner

           Division 2 - Obligations on owners of private buildings

              Subdivision 1 - Obligations relating to combustible cladding checklist (part 1)

   16Q.    Registering and giving completed checklist to QBCC
   16R.    Keeping completed checklist

              Subdivision 2 - Obligations relating to combustible cladding checklist (part 2)

   16S.    Application of subdivision
   16T.    Giving completed checklist and related statement to QBCC
   16U.    Keeping completed checklist and related statement

              Subdivision 3 - Obligations relating to combustible cladding checklist (part 3)

   16V.    Application of subdivision
   16W.    Giving fire engineer details to QBCC
   16X.    Giving completed checklist and related assessment and statement to QBCC
   16Y.    Keeping completed checklist and related assessment and statement

              Subdivision 4 - Other obligations relating to affected private buildings

   16Z.    Application of subdivision
   16ZA.   Displaying affected private building notice
   16ZB.   Giving copy of building fire safety risk assessment to lot owners and tenants

              Subdivision 5 - Change of ownership of private building

   16ZC.   Definitions for subdivision
   16ZD.   Original owner to give notice of compliance
   16ZE.   New owner’s obligations relating to giving checklists and related documents
   16ZF.   New owner’s obligations relating to keeping checklists and related documents
   16ZG.   New owner’s obligation to display affected private building notice

           Division 3 - Obligations on building industry professionals and fire engineers

   16ZH.   Building industry professional statement
   16ZHA.  Notifying owner of fire safety risk mitigation measures
   16ZI.   Building fire safety risk assessment and fire engineer statement

           Division 4 - Miscellaneous

   16ZJ.   Order to give completed combustible cladding checklist (part 1)
   16ZK.   Order to obtain building industry professional statement
   16ZL.   Order to obtain building fire safety risk assessment and fire engineer statement
   16ZM.   Notice about compliance period
   16ZN.   Proof of agency
   16ZO.   Responsibility for acts or omissions of agents
   16ZP.   When owner not required to comply with part
   16ZQ.   Giving replacement checklist
   16ZR.   Removal of documents and entries from online system

   PART 5 - COMPETENT PERSONS

           Division 1 - General provisions about competent persons

   17.     Appointment and functions
   18.     Restrictions on deciding competency
   18A.    Individuals competent to give inspection help
   19.     Building certifier’s obligation to keep record of decision about competency

           Division 2 - Restrictions on functions competent persons may perform

   20.     General restrictions
   21.     Restriction on signing inspection certificate for single detached class 1a or a class 10 building
   22.     Restrictions on giving inspection help
   23.     Competent person must not give false or misleading documents

   PART 5A - CADET BUILDING CERTIFIERS

   23A.    Appointment of cadet building certifier
   23B.    Role of cadet building certifier and supervising certifier
   23C.    Application of pt 5 to cadet building certifier

   PART 6 - INSPECTIONS OF ASSESSABLE BUILDING WORK

           Division 1 - Inspections by or for building certifier

              Subdivision 1 - Preliminary

   24.     What is a stage of assessable building work
   25.     Local government’s power to exempt particular assessable building work from particular stages of inspection
   26.     Inspection guidelines

              Subdivision 2 - Notice for inspection

   27.     Builder’s obligation to give notice for inspection at completion of each stage
   28.     Prohibition on further building work until stage complies
   29.     Notifying QBCC if notice for inspection not given

              Subdivision 3 - Carrying out inspection

   30.     Arranging inspection
   31.     Inspection procedure
   32.     Certificate of inspection
   33.     Noncompliance notice

              Subdivision 4 - Procedure if noncompliance notice given

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

              Subdivision 4A - Additional inspections for chapter 8 pools and their fencing in particular circumstances

   35A.    Application of sdiv 4A
   35B.    Inspection procedure and process after inspection
   35C.    Delaying inspection in particular circumstances

              Subdivision 5 - Miscellaneous provision

   36.     Declaratory provision about inspections

           Division 2 - Referral agency inspections

   37.     Application of div 2
   38.     Notice to referral agency to inspect
   39.     Referral agency inspection
   40.     Acting on referral agency’s inspection notice
   41.     Consequence of no referral agency notice

   PART 7 - GENERAL PROVISIONS ABOUT CERTIFICATES

           Division 1 - QBCC licensee certificates

   42.     Application of div 1
   43.     QBCC licensee certificate if building development approval
   44.     QBCC licensee certificate for accepted building work
   45.     QBCC licensee must not give false or misleading certificate

           Division 2 - Competent person certificates other than certificates of inspection

   46.     Certificate about building design or specification
   47.     Aspect inspection certificate
   47A.    Competent persons (inspections)—restriction for giving certificates
   48.     Content requirements for certificates

           Division 3 - Accepting certificates

   49.     Optional acceptability by building certifier
   50.     Optional acceptability by competent person (inspections)

           Division 4 - Certificates under CodeMark Scheme

   51.     Certificate of conformity

   PART 8 - MISCELLANEOUS PROVISIONS

           Division 1 - Approvals and miscellaneous matters

   51A.    Queensland Development Code—Act, s 13
   51AB.   (Repealed)
   51AC.   (Repealed)
   51B.    Approval of replacement of code of conduct—Act, s 129
   51BA.   Demerit offences—Act, s 214A, definition demerit offence
   51BB.   Demerit points—Act, s 214E
   51BC.   QDC residential design and siting provisions—Act, sch 2, definition QDC residential design and siting provisions
   51BD.   (Repealed)
   51BE.   (Repealed)
   51BEA.  (Repealed)
   51BEB.  (Repealed)
   51BF.   (Repealed)
   51BG.   (Repealed)
   51BH.   (Repealed)
   51BI.   (Repealed)
   51BJ.   (Repealed)
   51BK.   (Repealed)
   51BL.   (Repealed)
   51BLAA. (Repealed)
   51BLAB. (Repealed)
   51BLAC. (Repealed)
   51BLAD. (Repealed)
   51BLA.  (Repealed)
   51BLAAA.(Repealed)
   51BLB.  (Repealed)
   51BLC.  (Repealed)
   51BM.   Prescribed day for giving notice about existing regulated pool—Act, s 246AR
   51C.    Prescribed day for expiry of existing rainwater tank provisions—Act, s 283
   52.     Prescribed matters for private certification endorsement—Act, s 163
   52A.    Prescribed accreditation standards body—Act, s 184
   53.     Information to be supplied by the State—Act, s 255
   53A.    Notice requirement for particular development approvals for building work near sewers
   53B.    Notice requirement for particular development approvals for farm buildings

           Division 2 - Fees

   54.     Fees

           Division 2A - Displaying code checklist

   54A.    Definitions for div 2A
   54B.    Form and content of code checklist
   54C.    Display of code checklist for particular temporary accommodation buildings

           Division 3 - Transitional provisions

   55.     Definition for div 3
   56.     Undecided building development applications
   57.     Development applications made for relevant building work before designation of rainwater tank area
   58.     Declarations under repealed regulation, s 53

   PART 9 - REPEALS

   59.     Repeals

   PART 10 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provisions for Building Amendment Regulation (No. 3) 2012

   60.     No continuing professional development prescribed for applications made before 1 December 2012
   61.     Completion of 2 CPD points prescribed for applications made on or after 1 December 2012 and before 1 January 2013
   62.     Completion of 4 CPD points prescribed for particular applications made on or after 1 January 2013 and before 1 February 2013

           Division 2 - Transitional provision for Building Amendment Regulation (No. 2) 2014

   63.     Regulated pools constructed before 1 December 2009

           Division 3 - Transitional provisions for Building and Other Legislation Amendment Regulation (No. 1) 2014

   64.     Definitions for div 3
   65.     Demerit points not allocated by PSC before commencement
   66.     Demerit points allocated, but not notified, by PSC before commencement

           Division 4 - Transitional provision for Building (Swimming Pool Safety—CPR Signs) Amendment Regulation 2016

   67.     Resuscitation signs for particular regulated pools

           Division 5 - Transitional provisions for Building and Other Legislation Amendment Regulation 2019

   68.     Definitions for division
   69.     Application of particular provisions if documents given before commencement
   70.     Effect of ending of exemption period on particular private certifiers

           Division 6 - Transitional provisions for Building (Professional Indemnity Insurance) Amendment Regulation 2020

   71.     Disapplication of s 70
   72.     Continued application of expired section 52(3A) in relation to exempted licences
           SCHEDULE 1
           Schedule 1A (Repealed)
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 2B
           SCHEDULE 2C
           SCHEDULE 2D
           SCHEDULE 2E
           SCHEDULE 2F
           SCHEDULE 3
           SCHEDULE 4