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Skip Navigation LinksDepartment of Housing and Public Works > Construction > Building and plumbing > Building > Building laws and codes > Queensland Development Code > Background

 Background

Schedule 1 of the Building Act 1975

Schedule 1 of the Building Act 1975 details the parts of the Queensland Development Code (QDC) that have legislative effect. All other parts of the Queensland Development Code are advisory standards only.

Relationship with the Building Code of Australia

The Building Code of Australia also provides a nationally uniform set of technical building standards. However, it currently contains numerous additional provisions specific to Queensland. As the number of these provisions increases, it is not practical to include them in the national code. For example, new mandatory standards for Queensland, such as 'Fire safety in budget accommodation', are included in the Queensland Development Code rather than the Building Code of Australia.

Some of the Queensland variations to the Building Code of Australia are inserted into the Queensland Development Code. The application of these standards is mandatory and is enforceable by building certifiers.

If there is an inconsistency between the Building Code of Australia and the Queensland Development Code, the Queensland Development Code prevails.

Design and siting standards for detached housing

QDC MP Parts 1.1 and 1.2 of the Queensland Development Code contain the siting standards previously incorporated in the standard Building Regulation. The Queensland Development Codes MP 1.1 and 1.2 are ‘default’ standards that must be applied unless a local government's planning scheme contains ‘alternative standards’. If alternative standards are contained in a planning scheme, they must be applied instead of the Queensland Development Code requirements.

Standards given effect by other legislation

Apart from the Building Act 1975, there are numerous other pieces of legislation that contain building related provisions. Over time, it is proposed that these provisions be consolidated into the Queensland Development Code. Currently, Schedule 1 lists the parts of the Queensland Development Code that have been introduced via other state Acts. These are MP 5.3 retail meat premises, MP 5.5 private health facilities and MP 5.7 residential services buildings. The acceptable solutions of these parts are to be administered by building certifiers.

Advisory standards

In addition to the mandatory standards, the Queensland Development Code contains model standards for use by local governments. Local governments may adopt these standards into their planning schemes. Model standards may be modified by local governments to suit local circumstances where considered necessary.

Referral requirements

The Sustainable Planning Regulation 2009 specifies whether building certifiers can assess applications against the performance criteria, or whether alternative solutions can only be determined by the council or by the nominated ‘referral agency’. For example, for the private health facilities standard, the chief health officer under the Health Act 1937 is nominated as the applicable referral agency.

Associated requirements

Compliance with a standard may not be the only requirement. Other legislation such as state Acts, Building Code of Australia, IDAS codes, council planning schemes and local laws may impose additional requirements. Designers, builders and owners should satisfy themselves that they would achieve compliance with all legislative requirements.



Last updated 17 August 2015    Creative Commons Attribution 4.0 International (CC BY 4.0)


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