QLDIn ForceAct
Building Act 1975
sec.33Alternative provisions to QDC residential design and siting provisions for particular buildings
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### sec.33 Alternative provisions to QDC residential design and siting provisions for particular buildings
This section applies for work ( relevant work ) that—
is building assessment work or accepted building work; and
is for a relevant building or a class 10 building or structure located on the same allotment as a single detached class 1 building.
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.
However, a planning scheme or PDA instrument may include alternative provisions only if the provisions are a qualitative statement or quantifiable standard.
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.
Alternative provisions can not be made other than under a planning scheme or PDA instrument.
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 single detached class 1 building; or
a building of a class and type prescribed by regulation.
s 33 prev s 33 amd 1984 No. 45 s 24 ; 1987 No. 69 s 11 ; 1991 No. 52 s 2 .41; 1993 No. 70 s 804 sch
om 1998 No. 13 s 13
pres s 33 ins 2006 No. 36 s 5
amd 2012 No. 3 s 9 ; 2012 No. 43 s 221 sch 1 ; 2016 No. 27 s 55 ; 2020 No. 24 s 36
(sec.33-ssec.1) This section applies for work ( relevant work ) that— is building assessment work or accepted building work; and is for a relevant building or a class 10 building or structure located on the same allotment as a single detached class 1 building.
(sec.33-ssec.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.
(sec.33-ssec.3) However, a planning scheme or PDA instrument may include alternative provisions only if the provisions are a qualitative statement or quantifiable standard.
(sec.33-ssec.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.
(sec.33-ssec.5) Alternative provisions can not be made other than under a planning scheme or PDA instrument.
(sec.33-ssec.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 single detached class 1 building; or a building of a class and type prescribed by regulation.
- (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.
- (a) a single detached class 1 building; or
- (b) a building of a class and type prescribed by regulation.