Anyone involved in the building industry will find that building legislation plays an important role.
There are various laws and regulations that govern the building process and a good working knowledge of the legislation is essential for builders and sub-contractors.
This section will provide you with an overview of the various pieces of legislation that govern the industry.
Approved forms for the Building Act 1975
Standard forms are a mandatory requirement for various administrative and construction issues when performing building work in Queensland. The Department of Infrastructure and Planning provides a suite of standard forms that comply with legislative requirements for building work.
New approved forms for the Building Act 1975 took effect from 27 October 2008.
For assistance with the forms, contact Master Builders on (07) 3225 6444 or click here to download the forms from the Department of Intrastructure and Planning's website.
Integrated Planning Act 1997
The Integrated Planning Act 1997, commonly referred to as IPA, forms the foundation of Queensland's planning and development assessment legislation.
The purpose of IPA is to:
- Coordinate and integrate planning at the local, regional and State levels;
- Manage the process by which development occurs; and
- Manage the effects of development on the enviornment (including manageing the use of premises)
The main element of IPA that relates to builders and sub-contractors on a day to day basis is the Integrated Development Assessment System (IDAS). IDAS is the step by step process for lodging, assessing and deciding development applications.
For further information about IPA visit www.ipa.qld.gov.au
Building Act 1975
The Building Act governs all building work in Queensland. The Act empowers the regulation of certain aspects of buildings and structures and includes the administrative terms necessary to give effect to the legislation.
It is a requirement of the Building Act 1975 that buildings in Queensland be construction in accordance with the Building Code of Australia (BCA).
Building Code of Australia
The Building Code of Australia is a uniform set of technical provisions for the design and construction of buildings and other structures throughout Australia. The BCA is given legal effect through the Building Act 1975.
The BCA is supported by a number of "reference documents". These documents provide specific detail on how to comply with the BCA and include a number of Australian Standards.
The BCA, which must be read in conjunction with the Building Act, is published in two volumes:
- Volume 1 related to Class 2 to 9 buildings
- Volume 2 (also known as the Housing Provisions)
For a more comprehensive summary of the BCA please click here.
Copies of the BCA can be purchased from the Australian Building Codes Board for $220 or Volume 2 (Housing Provisions) can be purchased separately for $110. Visit www.abcb.gov.au or call 1300 857 522.
Australian Standards
Numerous buiding and construction standards have been developed that add to the safety, efficiency and cost-effectiveness of building in Australia. A Standard is a document which provides rules, guidelines and often detailed technical specifications for activities undertaken in the industry.
A number of the building and construction standards are referenced in regulations inlcuding the Building Code of Australia, which means it is compulsory to undertake work in the way in which it is specified. A few examples include:
- Product standards and test methods related to windows, doors and roofing;
- Internal and external waterproofing of dwellings;
- Installation and product standards for smoke detectors;
- Design standards related to access for the disabled.
For more information about Australian Standards visit www.standards.org.au
Domestic Building Contracts Act 2000
The Domestic Building Contracts (DBC) Act 2000 regulates certain domestic building contracts. Its purpose is to:
- Achieve a reasonable balance between the interest of building contractors and building owners; and
- Maintain appropriate standards of conduct in the building industry.
The Act is adminsitered by the Queensland Building Services Authority.
Queensland Building Services Authority Act 1991
The Queensland Building Services Authority (QBSA) Act regulates the building industry in relation to:
- ensuring the maintentace of proper standards in the industry;
- achieving a reasonable balance between the interests of building contractors and conumers; and
- providing remedies for defective building work; and
- providing support, education and advice for consumers and those people undertaking building work.
For more information about the QBSA Act visit www.bsa.qld.gov.au
Commercial and Consumer Tribunal Act 2003
The tribunal was first established on 1 July 1992 to provide a just and fair dispute resolution process. Since 1 July 2003 the tribunal has been operating under the Commercial and Consumer Tribunal Act 2003 to determine:
- Domestic building disputes
- Minor commercial building disputes (up to $50,000)
- Major commerial buiding disputes with the consent of both parties (over $50,000)
- Applications for review of the Queensland Building Services Authority decisions
- Applications brought by the BSA to:
- conduct disciplinary enquiries against licensees and non-licensees in relation to possible breaches against the QBSA Act
- conduct public examinations:
- issue stop orders on builders;
- determin applications for debts owed to the BSA
For more information about the Act or the Tribunal visit www.tribunals.qld.gov.au

