BUILDING DEVELOPMENT IN QUEENSLAND

 

The law

 

Welcome to the one aspect of most regulated and complex activity that you can undertake in Queensland.

 

The regulation of building activity activity has developed over the last 30 years as a result of a political desire to eliminate as far as possible, trauma in people lives as a result of a building things.

 

The complexity of the system has been esacabated by the decision of the Queensland Government some 10 years ago to adopt a single system to manage all development approvals in Queensland.

 

The effect of this has been a largely complex and unwieldy system which tries to cater for getting development approval for everything,under the one Act.

 

Add to this a rapidly escalating amount of social and amenity controls currently being rolled out under contemporary development planning and a rapidly escalation in the number of Australian standards as research and documentation into more facets of building construction grows and you have a system that is now a huge Gordian Knot and no place for the faint hearted;

 

Think I'm being a bit dramatic read this

 

The administrative process of undertaking this activity is controlled by the Integrated Development Assessment System (IDAS) and the standards and supervision of the activity is regulated by the Building Services Authority (BSA) under the Queensland Building Services Authority Act 1991 and local governments and private building certifiers under the Building Act 1975  

 

This system is also supported by other legislation namely

§           Local Government Act 1993

§           Plumbing Drainage Act 2004  

§          Water Act 2000

 

Administrative process

 

 The Integrated Planning Act 1997 functions this way-

 

The Act  

 

 

 

Integrated Planning Act regulations  

 

 

IDAS

Development application Process

 

 

Development application Guidelines

 

 

Development application Forms

 

IPA Planning schemes

 

 

 

Land use controls

 

 

Amenity and siting codes

 

Planning & Environment  Court

 

 

 

P & E Court Rules

 

Building Tribunal

 

 

 

 

 Local Government Act 1993 functions this way-

 

The Act

 

 

 

 Local Government Regulations 1994

 

 

 

Development application Fee

 

 

Development application Forms

 

 

Development application Guidelines

 

Local Laws

 

 

 

Land activity controls

 

 

Licensing

 

 

Construction standards

 

The legislation setting the construction standards is principally the Building Act 1975, although as you will see other legislation has a part to play in some instances.

 

Every local government in Queensland has the power to control many aspect of a development using the provision of their new IPA Planning schemes.

 

It is anticipated that all local government will have these schemes in place by 2006

T
he Building Act 1975, functions this way-

The Act 

 

 

 

 

 

Standard Building Regulation 1993

 

 

 

 

 

Building Code of Australia 

 

 

 

 

 

Australian Standards

 

 

 

 

 

Manufacturers specifications  

 

 

Queensland  Building Code

 

 

 

Building Regulation 2003

 

 

 

         

    

Construction Supervision

 

Construction supervision is broken down into 2 aspects

 

Supervision of the assembly of building materials

 

This process is governed by Standard Building Regulation 1993 which set both mandatory and recommended guideline for the inspection of development-building works 

 

Supervision of the conduct of personal involved in Building Works 

 

This process is governed by Queensland Building Services Authority Act 1991 which set both mandatory and recommended guideline for the qualification and conduct of persons involved in development-building works    

 

 

OBTAINING A PERMIT TO DO BUILDING WORKS

 

Obtaining a permit to build in 2005 is no simple matter.

 

However you can only come at this experience from one of 2 scenarios

 

So you select who you want to be.

 

 

 

 

 

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