CERTCON
Does My Client’s Building Work Require Approval? by David Job, partner Certcon During the course of a designers work, the question may arise (particularly with minor renovations) whether the works require building approval. In this brief article we will provide a brief description of the Queensland legislative requirements for assessable development. The determination as to whether a building or structure will require a building approval may be found in both The Integrated Planning Act 1997 (IPA) and The Building Regulations 2006 (BR 2006). The relevant section of the Integrated Planning Act defines development as meaning: 1.3.2 Meaning of development Development is any of the following— (a) carrying out building work; IPA thus defines building work as comprising of: In this Act— building work— 1 Building work means— (a) building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; So, essentially all building work is development, but does all building work require a building approval? Again, the IPA requires that; 3.1.4 When is a development permit necessary (1) A development permit is necessary for assessable development. (2) A development permit is not necessary for selfassessable development or exempt development. (3) However— (a) self-assessable development must comply with applicable codes; and (b) exempt development need not comply with codes or planning instruments, other than the regulatory provisions or the draft regulatory provisions. Thus the next question to consider is what is defined as self-assessable or exempt development? Sections 21 & 22 of the Building Act 1975 (BA) provides that building work prescribed under a regulation (in this instance the Building Regulation 2006) may be considered to be either self-assessable or exempt development. Schedule 1 & 2 of The Building Regulations 2006 provides examples of the types of development that may be considered as Self–Assessable or Exempt. So what do these terms mean and what obligations are placed upon applicants when applying these concessions? Self–Assessable building work does not require a building approval but must be done in accordance with the Building Code, relevant Australian Standards, the QDC and relevant sections of the planning scheme. It is important to note that even if a building is selfassessable against the BR 2006, it may still require town planning approval.
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The f0llowing margin notes of Schedule 1 the BR 2006 have been provided to provide an indication of the scope of self-assessable development.
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Work for particular fences Work for particular non-load bearing devices Particular filling or excavation Work for particular heating devices Work for particular signs Particular repairs, maintenance or alterations not affecting structural component or fire safety system 8 Particular repairs, maintenance or alterations only affecting minor structural component 9 Particular repairs, maintenance or alterations only affecting minor component of fire safety system 10 Work for particular budget accommodation buildings built, approved or applied for before 1 January 1992 11 Work for particular temporary things on building sites 12 Erecting particular tents 13 Other work for class 10 buildings or structures
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Please note that the above margin notes do not contain the relevant substantive provisions of the regulations and readers are directed to examine the provisions of Schedule 1 of the BR 2006 in full to gain an understanding and appreciation of the intent and meaning of the relevant substantive provisions applicable to self-assessable development. For access to the Building Regulation 2006 and all legislation referred to in this discussion, please refer to the Office of the Queensland Parliamentary Council, available on-line at: www.legislation.qld.gov.au/OQPChome.htm
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A basic example of self-assessable development may include constructing a dividing boundary fence. Providing that the fence is not more than 2m high and is not a pool fence, no approval is required. It should however be noted that planning approval may still be required. For example character and heritage overlays may apply to the site, with the construction of fences requiring council planning approval.
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Exempt development means no building approval is required and no reference codes are required to be complied with for the development (with the 1 exception of certain regulatory provisions) . Examples of margin notes applying to building work contained within schedule 2 of the BR 2006 include:
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1 Work for particular class 10b structures or special Structures 2 Attaching particular sun hoods 3 Erecting particular tents 4 Other work for class 10 buildings or structures
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Refer to s.3.1.4 (3) (b) of the IPA, as the SEQ regional plan may include regulatory provisions that are applicable.
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The Building Designer No.153 February 2009
feb_09-010 Friday, 13 February 2009 12:12:01 PM
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