Legislation

BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2022

On 10 June 2022, technical changes that were recently passed through Queensland Parliament commenced.

These changes, all of which are now in force, include: • Clarifying the use of solar hot water systems and solar panels within developments impacted by covenants. • Expanding the use of greywater in HVAC. • Allowing the use of holding tanks for sewage and grey water. • Enhancing the ability of a complainant to receive outcome information from the QBCC on a complaint they have made. • Including enforcement provisions relating to combustible cladding. • Making minor reforms to QBCC head contractor exemptions.

Use of Solar Hot Water Systems and Solar Panels

• A policy known as ‘Ban the Banners’ was introduced in 2010. The policy related to the use of covenants and body corporate by-law rules and their impact on sustainability measures. • Covenants and body corporate by-law rules historically could be used to prohibit the use of energy efficient or sustainable building features.

The types of features that could no longer be prohibited by ‘Ban the

Banners’ included: • Light roof colours • Energy efficient windows • Specific types of material and finishes on external walls and roofing • Another impact of ‘Ban the Banners’ was the installation of a solar hot water system or photovoltaic cells could not be prohibited or restricted for the purposes of preserving the external appearance of a building.

‘Ban the Banners’ prohibited these restrictions, regardless of when they were introduced as opposed to the majority of other changes (list above) which commenced in 2010 moving forward. • A court challenge resulted in the ability of the ‘Ban the Banner’ provisions that related to solar hot water systems and photovoltaic cells to be ‘worked around’. This has been done by: • restricting the purposes for which a developer or a body corporate can, through a relevant instrument, inhibit the installation of a solar hot water system or solar panels (solar infrastructure) on the roof of a home or garage, to limited purposes that do not relate to the enhancement or preservation of external appearance of the building or the residential estate. • These changes clarify and reinstate the original intention of the 2010 changes and are now in effect.

Expansion of Greywater

• The changes allow treated greywater to be used in cooling towers for air conditioning that serve large building developments. • They also enable treated water to be used for other purposes, including flushing toilets. • All existing licensing requirements remain in place.

Holding Tanks

• This amendment enables an owner of a premises, under a Local Government permit, to discharge untreated waste and water from a toilet, soil fixture, or greywater into a holding tank for collection and disposal off-site (e.g., for the use of temporary toilets).

QBCC Complaints

• For some time, industry associations and persons making complaints to the QBCC have been raising the issue that they are unable to be advised of the outcome of their complaint. • These circumstances have led to the need for a person to submit a ‘Right to Information’ application in order to obtain information. • These amendments address and rectify this situation and enable certain information to be shared with the complainant.

Combustible Cladding

• The amendments include the ability for the QBCC or Local Government to undertake enforcement action in relation to breaches or offenses of

‘Combustible Cladding Checklist’ process. • Enforcement action includes infringement notice or court proceedings. • The Checklist process was established in 2018 to require the selfassessment of buildings for combustible cladding.

QBCC Head Contractor Exemptions

• The QBCC Act includes a list of exemptions from the requirement to hold a QBCC licence. • One of the exemptions is for head contractors. This exemption has been amended so that the government can declare work as ‘high-risk work’ and then this exemption will no longer apply. Meaning that it will in fact require the head contractor to hold a licence.

Other Minor Amendments

These include: • Enforcement notices under the Planning Act. • Failure to make decision under the Building Act. • Information sharing between Government statutory bodies.

For more information or to access the newsflash, visit www.epw.qld.gov.au.

Article written by Glen Chatterton (Manager, Industry Engagement and Strategic Projects - Services Trades College)