New Building Regulation 2021 | Queensland Building and Construction Commission

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What are the key changes?  

The new BR 2021 does not include any significant policy changes and continues to support the objectives of the Building Act 1975 (BA) to regulate building certifiers and ensure buildings and structures are compliant with the relevant building assessment provisions.  

Administrative changes  

To make requirements easier to understand the new BR 2021 provides updates to the language used and the format, bringing it into line with other legislation. Elements that no longer apply have been removed and wording and numbering has also been updated.  

Clarifications of the inspection framework  

The following changes have been made to clarify:  

  • when a building certifier, or an appointed competent person, can accept certain documentation (an aspect certificate)   
  • that a relevant building certifier is not required to appoint another building certifier as a competent person to sign a compliance certificate for certain mandatory stages of work for detached Class 1a (houses) or class 10 buildings (sheds) or structures (decks)  
  • that while a competent person can give inspection help to the building certifier, it is a building certifier’s responsibility to issue the noncompliance notice and take the relevant enforcement action. Note: these amendments also recognise that a builder has appeal rights when a notice is issued by the building certifier, however, no appeal rights exist when a notice is issued by a competent person  
  • when prescribing the excavation for the footing system and/or slab as a stage of work, all aspects of the work must be inspected and assessed for compliance with the building development approval  
  • for a single detached class 1a building (house) a stage of work for a footing system includes all types of footing including a slab.  

Updates have been made to relevant building forms to support these changes. Three new forms have also be created:  

Other changes include:   

  • increase the maximum penalty for giving false or misleading documents/certificates to a building certifier to strengthen the certification process  
  • keep existing local governments’ powers to help manage bushfire prone areas, areas with flood risks, and simple building work in their local areas  
  • continuing the combustible cladding checklist obligations for private building owner which strengthen fire safety for building occupants.  

For more information on the new BR 2021 including changes to existing forms and information about new forms visit the Department of Energy and Public Works website.

Last reviewed: 16 Sep 2021 Last published: 16 Sep 2021
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