Building Act 1975

Property owners and developers: Anyone proposing assessable building work in Queensland must obtain a building development approval and comply with the building assessment provisions. On completion, inspection documentation and a certificate of occupancy (where required) must be obtained before the building can be occupied.

Private building certifiers: Licensed class A and class B certifiers who carry out building assessment work. They must hold licences under Chapter 6, comply with a code of conduct, maintain records, and are subject to complaints, investigations, and disciplinary proceedings. Demerit points can lead to disqualification.

Local government: Acts as building certifier and assessment manager in some cases, maintains pool registers, issues enforcement notices, and receives pool immersion incident notifications.

Property sellers and lessors: On sale or lease of regulated premises (premises with a regulated pool), the seller or lessor must provide a pool safety certificate or give a specific form to the buyer or lessee.

Pool safety inspectors: Licensed professionals who inspect regulated pools and give pool safety certificates. They are licensed under Chapter 8, subject to complaints and disciplinary proceedings.

Budget accommodation building operators: Operators of motels, hostels, boarding houses, and similar establishments must comply with fire safety standards under Chapter 7.

Residential care building operators: Operators of residential care buildings must comply with fire safety standards under Chapter 7A and engage RCB assessors for assessments.

Body corporate and home owners: Chapter 8A limits the ability of body corporate by-laws, easements, covenants, and similar instruments to prevent or restrict sustainable housing measures on class 1a, 2, and 10a buildings.

Obtain building development approval before assessable building work (Chapter 4): No assessable building work may commence without a building development approval. The application must be in the required form and supported by required documentation (Chapter 3), including building plans, structural certificates, and site information.

Comply with building assessment provisions (s 36): Building assessment work must comply with the building assessment provisions (primarily the NCC) in force at the time of approval. There are significant transitional rules for work in progress when assessment provisions change (s 37).

Give notice before commencing and at completion (Chapter 5): Building certifiers must conduct required inspections. For single detached dwellings (class 1a) and ancillary buildings (class 10), a final inspection certificate is required. For other buildings, a certificate of occupancy is required before occupation.

Pool safety compliance (Chapter 8): All regulated pools must comply with the pool safety standard. Pool owners must notify local government of regulated pools. Immersion incidents involving children under 5 must be reported (ss 246AQ-246AR). A current pool safety certificate must be provided on sale or lease of regulated premises.

Fire safety compliance (Chapters 7 and 7A): Budget accommodation building operators must ensure their buildings comply with the applicable fire safety standard. Residential care building operators must engage RCB assessors and maintain fire safety standards.

Licensing obligations (Chapter 6): Private certifiers and building certifiers must hold a licence under Chapter 6 to carry out building certifying functions. They must maintain records of building assessment work and engage only in functions permitted by their licence class.

Building assessment manager (Chapter 4): The assessment manager (private certifier (class A) or local government) decides building development applications, may impose conditions, and gives or refuses approvals. Conditions may be mandatory (taken to be imposed by force of law) or at the certifier's discretion.

Local government enforcement notice powers (Chapter 9): Local government may give a show cause notice before taking enforcement action, and enforcement notices requiring rectification of non-compliant building work. Private certifiers (class A) may also give enforcement notices in some circumstances.

QBCC commissioner's licensing powers (Chapter 6): The QBCC commissioner issues, renews, and can cancel or suspend building certifier licences. The commissioner can impose conditions on licences. Complaints investigations can lead to disciplinary proceedings before QCAT.

Pool Safety Fund (Chapter 8 Pt 9): QBCC maintains the Pool Safety Fund, funded by pool inspection fees, to fund QBCC's pool safety functions including public information campaigns and compliance activities.

Transport noise corridor designation (Chapter 8B): Local governments and the transport chief executive may designate land as a transport noise corridor, triggering additional building assessment requirements for development in the affected area (typically requirements for acoustic attenuation).

Sustainable housing protections (Chapter 8A): Instruments that might prohibit or restrict sustainable housing measures (solar panels, rainwater tanks, and similar) on class 1a, 2, and 10a buildings are ineffective to the extent of the prohibition or restriction.

The Act contains a tiered enforcement framework.

Show cause and enforcement notices (Chapter 9): Before giving an enforcement notice, an assessment manager or local government must generally give a show cause notice. The show cause notice must specify the matter, state why compliance is needed, and allow at least 20 business days for response. After consideration of submissions, an enforcement notice may be issued requiring the person to take specified action to make building work compliant.

Non-compliance with enforcement notices: If a person does not comply with an enforcement notice, the matter can be referred to QBCC or local government for further enforcement under the QBCC Act.

Certificate of occupancy requirement: Occupying a building that requires a certificate of occupancy before one has been given is an offence. The Act prohibits occupation of such buildings (Chapter 5 Pt 4).

Licensing offences (Chapter 6): Carrying out building certifying functions without a licence is an offence. Building certifiers who breach their licence conditions or the code of conduct are subject to complaints, investigations, and disciplinary proceedings that can result in licence cancellation, suspension, or demerit points.

Pool safety offences (Chapter 8): Failure to comply with the pool safety standard, failure to notify of regulated pools, failure to provide a pool safety certificate or form on sale or lease of regulated premises, and failure to report pool immersion incidents are offences.

Fire safety offences (Chapter 7): Budget accommodation building operators who do not comply with fire safety standards commit offences.

Demerit point system (Chapter 6 Pt 5): A demerit point system applies to building certifiers. Accumulation of demerit points (for non-compliant decisions, breaches of licence conditions, and similar matters) can result in disqualification from holding a building certifier's licence.

Building development approval process:

1. Submit building development application to assessment manager (private certifier (class A) or local government), with required documents (Chapter 3).
2. Assessment manager carries out building assessment work, applying building assessment provisions (Chapter 4).
3. Approval or refusal given. Conditions (including mandatory conditions taken to be imposed) attach to approval.
4. Lapsing: Approvals for demolition work lapse if work does not commence within prescribed periods. Other approvals lapse unless work is substantially commenced and substantially completed within prescribed periods (Chapter 4 Pt 7).

Certificate of occupancy process (Chapter 5 Pt 2):

1. Owner requests certificate of occupancy.
2. Building certifier carries out required inspections.
3. If satisfied the building complies, building certifier gives certificate.
4. Building may then be lawfully occupied.

Pool safety certificate process (Chapter 8 Pt 3):

1. Pool owner engages a licensed pool safety inspector.
2. Inspector inspects the pool to assess compliance with pool safety standard.
3. If compliant, inspector gives a pool safety certificate (valid for specified period).
4. Certificate must be provided on sale or lease of regulated premises.

Private certifier licensing process (Chapter 6 Pt 3):

1. Apply to QBCC commissioner for licence. Application requirements include qualifications, experience, and suitability criteria.
2. QBCC commissioner assesses application and issues or refuses licence.
3. Licence must be renewed (Chapter 6 Pt 3 Div 4).
4. Licence can be cancelled or suspended for disciplinary reasons.

Disciplinary proceedings (Chapter 6 Pt 4):

1. Complaint to QBCC commissioner.
2. Investigation.
3. Show cause notice.
4. Decision on grounds of disciplinary action.
5. If grounds established, QBCC commissioner refers to QCAT or takes prescribed action.
6. QCAT may make orders including suspension or cancellation of licence.

Planning Act 2016 (Qld): The primary planning legislation with which the Building Act operates. Building development applications are development applications under the Planning Act. The Building Act imposes additional requirements on top of those in the Planning Act. The assessment manager is generally a private certifier (class A) or local government.

Queensland Building and Construction Commission Act 1991 (QBCC Act): Governs the QBCC and its functions. The QBCC administers building certifier and pool safety inspector licensing under the Building Act. Enforcement under the QBCC Act complements enforcement under the Building Act. Chapter 6 of the Building Act cross-references the QBCC Act for review of decisions.

National Construction Code (NCC/BCA): The technical building assessment provisions against which building development applications are assessed. The NCC is adopted by the Building Act as the primary assessment standard. Amendments to the NCC flow into the Building Act's framework.

Fire and Emergency Services Act 1990 (Qld): Interacts with the fire safety provisions in Chapters 7 and 7A.

Body Corporate and Community Management Act 1997 (Qld): Chapter 8A's sustainable housing protections operate in relation to body corporate by-laws made under this Act, preventing by-laws from prohibiting sustainable housing measures on class 1a, 2, and 10a buildings.

Transport Planning and Coordination Act 1994 (Qld): The transport chief executive's power to designate transport noise corridors under Chapter 8B interacts with the transport planning framework.

Queensland Civil and Administrative Tribunal Act 2009 (Qld) / QCAT: QCAT hears disciplinary proceedings against building certifiers (Chapter 6) and pool safety inspectors (Chapter 8 Pt 7).

Building assessment provisions change mid-project: Section 37 is one of the most practically significant provisions in the Act. When building assessment provisions (primarily the NCC) are amended, s 37 provides transitional relief for work already in progress, already approved, or substantially planned. Practitioners must understand exactly when the Act provides relief and when the new provisions apply without transition. A Minister-initiated regulation can remove the transitional protection if necessary to address a risk of serious injury or illness (s 37(5)-(6)).

Certificate of occupancy required before occupation: Chapter 5 Pt 4 restricts occupation of buildings that require a certificate of occupancy. Buildings must not be occupied until a certificate is given. This is a hard rule with no discretion in individual cases.

Pool safety certificate on sale and lease: Selling or leasing regulated premises without providing a current pool safety certificate (or the prescribed form) to the buyer or lessee is an offence. Practitioners advising on Queensland property transactions must identify regulated pools and confirm certificate status.

Private certifier class restrictions: Class B certifiers have significantly more limited functions than class A certifiers. Engaging a class B certifier for work requiring class A functions is non-compliant.

Demerit points can disqualify certifiers retroactively: The demerit point system in Chapter 6 Pt 5 accumulates points for non-compliant decisions and breaches. Practitioners relying on building certifiers' services should be aware that QBCC enforcement activity can result in disqualification mid-project.

Chapter 7 fire safety for budget accommodation buildings: Owners of pre-1992 budget accommodation buildings face specific retrofit obligations under Chapter 7 Pt 3. These are ongoing compliance obligations, not just one-time matters.

Sustainable housing instruments protection: Chapter 8A does not just apply to solar panels. The protection applies to any "sustainable housing measure" as defined, which may include other energy efficiency or water management features. Buyers of strata properties should check whether body corporate by-laws attempted to prohibit such measures.

Example 1: New house construction An owner wants to build a new class 1a house. The work is assessable development. The owner engages a private certifier (class A) as assessment manager. The certifier assesses the application against the current NCC, gives the building development approval with any mandatory conditions, and carries out mandatory inspections during construction. On completion, the certifier gives a final inspection certificate (not a certificate of occupancy for a class 1a dwelling). The house may then be occupied.

Example 2: Pool safety on property sale A seller in Queensland has a regulated pool (residential backyard pool associated with a class 1a dwelling). Before settlement, the seller must have a current pool safety certificate from a licensed pool safety inspector, or give the buyer a Form 36 notice acknowledging the buyer's obligation to obtain a certificate within 90 days of settlement. Failure to do either is an offence.

Example 3: Budget accommodation building fire safety A motel operator discovers that her 1985-built motel (a budget accommodation building) does not comply with the current fire safety standard required under Chapter 7. She must upgrade the fire safety systems to comply with the Chapter 7 Pt 3 requirements. Show cause and enforcement notices from local government may be issued if she does not comply.

Example 4: Amended NCC during design A developer submits a building development application for a new apartment block (class 2) in late 2024. The NCC is amended after the application is submitted but before the application is decided. Section 37 provides that the certifier may approve the application under the NCC in force immediately before the amendment, provided the work falls within one of the transitional categories in s 37(1). If the developer has not yet submitted and a regulation under s 37(5) has removed the transitional protection for the relevant amendment, the new NCC provisions will apply.

Example 5: Building certifier disciplinary proceedings A private certifier (class A) receives a complaint from a local government about multiple non-compliant approvals. The QBCC commissioner investigates, forms the view that grounds for disciplinary action are established, and refers the matter to QCAT. QCAT conducts a disciplinary hearing and orders suspension of the certifier's licence for six months and accumulation of demerit points. If the certifier's demerit points reach the disqualification threshold under Chapter 6 Pt 5, the certifier is disqualified from holding a building certifier's licence.