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Building Act 1975 - s37: Provision for changes to building assessment provisions

(1) This section applies to building work if—

(a) the lawful carrying out of the work starts before a building assessment provision is amended; or

(b) the building development approval was given before a building assessment provision is amended, but the work does not start before the amendment commences; or

(c) a building development application is made for the work before a building assessment provision is amended, but the application is not decided before the amendment commences; or

(d) planning for carrying out the work started before a building assessment provision is amended and the building certifier for the building development approval is satisfied that to require the work to be replanned to comply with the amended provision would cause financial hardship to the person for whom the work is to be carried out, having regard to—

(i) the stage the planning has reached; and

(ii) the nature of the work; and

(iii) the person’s means and circumstances.

(2) Despite the amendment, a building development approval for the work may be given if the approval is given under the building assessment provisions in force immediately before the amendment, and IDAS.

(3) For subsection (1)(a) the work is lawfully carried out if it is carried out under the building assessment provisions in force immediately before the amendment.

(4) For subsections (1) and (3), an amendment of the building assessment provisions includes an amendment of a document adopted by, or to which a reference is made in, any of the provisions.

(5) In this section—building assessment provisions does not include IDAS.

The above is quoted from the Building Act 1975, reprinted as in force on 1 July 2008, Reprint No. 6C. p.33.

1st Generation Software Tools Not Permitted in Qld after 1st March 2009

Building Codes Queensland announced that 1st Generation Thermal Performance software (BERS 3.2 & Nathers) will no longer be acceptable for regulatory assessments from 1st March 2009.

The requirements will be referenced in Part 4.1 of the Queensland Development Code and the BCA 2008.

Minimum 5 Star Rating required for Class 1 buildings in Qld after 1st March 2009

From 1st March 2009, all new Class 1 buildings must achieve a minimum rating of 5 stars using 2nd Generation Thermal Perfomance software.

The requirements will be referenced in Part 4.1 of the Queensland Development Code and the BCA 2008.

Queensland Development Code MP4.1—Sustainable Buildings

From 1 March 2009 amendments to the existing QDC MP 4.1 will require new class 1 and class 2

dwellings to have:

• 4-star Water Efficiency Labelling and Standards (WELS) Scheme rated toilets (previously 3-star

WELS rated). Note: The water efficiency requirements also apply for retrofitting of existing features

in homes where the household renovations involve both a building and a plumbing approval.

• 80 per cent of all fixed internal lighting to be energy efficient (previously 40 per cent of gross floor

area, including garage). Note: The lighting requirements only apply to new building work, such as

new homes or additions to existing homes.

The following additional energy and water saving measures have been added to QDC MP4.1 and will

also commence from 1 March 2009 (unless otherwise indicated):

• minimum 5-star (out of 10) energy equivalent rating for new class 1 buildings, using the

methodologies prescribed in the Building Code of Australia (BCA) 2008

• optional credit of 0.5 or 1-star will be available for class 1 buildings in climate zones 1 and 2 (as

outlined within the BCA) that have an outdoor living area that meets certain specifications

• minimum 3-star WELS rated tap ware for kitchen sinks, basins and laundry troughs
• minimum 2.9 Energy Efficiency Ratio (EER) (equivalent to a current 4-star energy rating) for air-

conditioners permanently attached to fixed wiring in class 1 and class 2 buildings (where new and

replacement systems are installed) from 1 July 2009.

• From 1 March 2009 licensed plumbers must install 4-star Water Efficiency Labelling and Standards

(WELS) Scheme rated toilets and Minimum 3-star WELS rated tap ware for kitchen sinks, basins and

laundry troughs in new Class 1 and Class 2 buildings and on any major renovation work that involves

both a building application and a plumbing application.