Building regulation changes – Building Regulation 2021

The Building Regulation 2021 (BR 2021) commenced on 1 September 2021 and remade the Building Regulation 2006 (BR 2006), which expired on 31 August 2021.

To ensure regulations remains relevant, efficient and effective they automatically expire (sunset) ten years after being made, unless otherwise exempt or repealed.

This process usually results in the regulation being reviewed and remade (‘sunset’ review).

The ‘sunset’ review of the BR 2006 built on the certification reforms already introduced through the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020.

Industry consultation was a critical part of the BR 2006 ‘sunset’ review process with industry feedback informing the drafting of the new BR 2021, which commenced on 1 September 2021.

What has changed

The BR 2021 continues to support the objectives of the Building Act 1975 and generally maintains the obligations and requirements in the BR 2006, with some changes to the:

structure
numbering and ordering of some provisions, and the removal of repetitive provisions.

However, these amendments did not generally change the policies, obligations or requirements that existed in the BR 2006.

Generally, the BR 2021 has the same obligations and requirements as the BR 2006, except for the following changes to:

consider human rights in line with the Human Rights Act 2019
renumber sections
reorder parts of the regulation to improve useability
make administrative and drafting style updates
make requirements easier to understand
remove outdated transitional provisions
provide for necessary transitional arrangements, including continuing the combustible cladding checklist obligations for private building owner which strengthen fire safety for building occupants
increase the maximum penalty for giving false or misleading documents/certificates to a building certifier to strengthen the certification process
improve record keeping practices for building certifiers
keep existing local governments’ powers to help manage bushfire prone areas, areas with flood risks, and simple building work in their local areas
make amendments to other legislation to remove references to the BR 2006 and reflect the new BR 2021, including prescribing when an infringement notice can be issued for an offence.

More detail about the changes can be found in Table 1 below or in Newsflash 590 published on 26 August 2021.

Building forms

All building forms have been updated to reflect the new provision numbering and parts of the Building Regulation 2021.

The building form numbering has not changed, except for two forms which have been renumbered and six new forms approved.

View the building forms

Find out more about the changes to the building forms in Table 2 below or in Newsflash 591 published on 1 September 2021.

What you need to do

Although the BR 2021 looks and feels different, the obligations and requirements are generally the same as the BR 2006.

Members of the construction industry should ensure they are aware of and are using the updated forms and understand how the changes impact the work they are responsible for.

Table 1—Building Regulation 2021 the summary of changes provides a summary of each of the parts in the Building Regulation 2021 and outlines what changes were made.

Table 2—Summary of changes to the building forms provides a summary of changes to existing forms and the purpose of the new forms.

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Table 1 – Building Regulation 2021 the summary of changes

Parts of BR 2021	New relevant information
Part 1 – Preliminary	No changes beyond contemporary drafting and updating information to match that of the new regulation.
Part 2 – Declared accepted development	Previously Part 2 of BR 2006 – Accepted building work. Policy intent has not changed. Clarifies requirements if building work is prescribed as accepted development (self-assessable). Streamlined, restructuring and revised wording to reflect modern drafting practices.
Part 3 – Matters for local laws, local planning instruments or resolutions	Previously Part 3 BR 2006 – Prescribed matters or aspects for local laws or local planning instruments. Policy intent has not changed. Prescribes the local laws, local planning instruments and local government resolutions that may form part of the building assessment provisions. Two redundant sections (sections 7 – additional water saving targets and 11 swimming pool construction) from the BR 2006 have been removed. Streamlined, restructuring, renumbering and revised wording to reflect modern drafting practices.
Part 4 – Smoke alarms for domestic dwellings	Previously Part 3A BR 2006 – Smoke alarms for domestic dwellings. Policy intent has not changed. Provides for the installation and placement of smoke alarms. Streamlined, restructuring, renumbering and revised wording to reflect modern drafting practices.
Part 5 – Swimming pool safety	Previously Part 4 BR 2006 – Swimming pool safety. Policy intent has not changed. Prescribes swimming pool safety provisions including the use and display of resuscitation and warning signs. Division 2A of the BR 2006 – Continuing professional development has had provisions joined and renumbered. Division 3: Subdivision 1 (general) definitions for demerit points have been moved to other sections within the Part and renumbered. Subdivision 2 (Calculation, allocation and accumulation of demerit points) have been restructured, renumbered and modernized. Streamlined, restructuring, renumbering and revised wording to reflect modern drafting practices.
Part 6 – Competent persons	Previously Part 5 of BR 2006 – Competent persons. Policy intent has not changed. Section 36 (Building certifier’s obligation to keep record of decision) separated the previous single offence (section 19 of the BR 2006) into two separate offence provisions. One offence for failing to keep specific information (as prescribed) and a separate offence for failing to keep the records for seven years. The splitting of the offence provision will encourage more open and transparent decision making when appointing a competent person and help maintain the integrity of the certification and inspection process. Section 40 (Competent person must not give false or misleading documents) – it is an offence for a person to give a certifier a document or certificate that the person knows is false or misleading. In recognition of the seriousness of the offence and for consistency with other statutory bodies, the BR 2021 increases the maximum penalty for the offence from 20 to 100 penalty units. Two new sections in the Part section 33, Division 1 – includes definitions for the Part section 37 Competent person assessment guidelines – clarifies information that could be included in a guideline made under section 258 of the Act regarding the assessment of a competent person. Streamlined, restructuring, renumbering and revised wording to reflect modern drafting practices.
Part 7 – Cadet building certifiers	Previously Part 5A of BR 2006 – Cadet building certifiers. Policy intent has not changed. Outlines the appointment of cadet building certifiers and role of the supervision certifier. Streamlined, restructuring, renumbering and revised wording to reflect modern drafting practices.
Part 8 – Inspections of assessable building work	Previously Part 6, Division 1, Subdivision 3 of BR 2006 – Carrying out inspection. Policy intent has not changed. BR 2021 clarifies the process and enforcement responsibilities regarding issuing a noncompliance notice for a stage of work that fails to comply with a building development approval. Two new sections have been added (section 58 - Definitions for the subdivision and 60 - Obligations after inspection). Streamlined, restructuring, renumbering and revised wording to reflect modern drafting practices.
Part 9 – Certificates	Previously Part 7 of the BR 2006 – General provisions about certificate. Policy intent has not changed. Clarifies the requirements for issuing certificates by a licensee or competent person. Under section 71 (QBCC licensee must not give false or misleading QBCC licensee certificate) of the BR 2021 it is an offence for a QBCC licensee to give a certifier a certificate that the person knows is false or misleading (section 45 of the BR 2006). In recognition of the seriousness of the offence and for consistency with other statutory bodies, the BR 2021 increases the maximum penalty for the offence from 20 to 100 penalty units. Two new sections for definitions have been inserted (division 1 - section 69 and division 2 - section 72 of the BR 2021). Two sections have been rationalised into other provisions within the BR 2021 to improve usability section 44 of BR 2006 – QBCC licensee certificate for accepted building work has been combined into section 70 of the BR 2021. Sections 49 and 50, Division 3 (Accepting certificates), Part 7 of the BR 2006 have been simplified and modernised in sections 75 and 76 of the BR 2021 Streamlined, restructuring, renumbering and revised wording to reflect modern drafting practices.
Part 10 – Miscellaneous	Previously Part 8 of BR 2006 – Miscellaneous provisions. Prescribes the Queensland Development Code parts, approval to replace the code of conduct, demerit offences and professional indemnity insurance inspection period. The following redundant transitional provisions have been removed: section 51BM Prescribed day for giving notice about existing regulated pool – Act, section 246AR section 51C Prescribed day for expiry of existing rainwater tank provisions – Act, section 283 section 54A Definitions for division 2A section 54B Form and content of code checklist Part 8, Division 3 Transitional provisions section 55 Definition for division 3.

Table 2 – Summary of changes to the building forms

Form number	Description	Summary of changes to existing forms and the purpose of the new forms
Form 12 (New form)	Aspect Inspection Certificate (Appointed Competent Person)	An appointed competent person (inspections) must complete this approved form (Form 12) and give it to the building certifier after they: (1) inspect the aspect of work; and (2) are satisfied the aspect of work has been completed and complies with the building development approval. The Building Regulation 2006 (BR 2006) requires the Form 16 – Inspection certificate to be issued to advice that a stage of building or aspect of work complies. An appendix provides information to assist in the completion of the document.
Form 13	Application for the Certificate of Occupancy for a building or structure built before 30 April 1998 / Change of Classification	Changes for consistency with the Building Act 1975 and the BR 2021.
Form 15	Compliance certificate for a building design or specification	Changes for consistency with the BR 2021. The appointed competent person (design – specifications) completes this form, which is used to inform the building certifier’s decision when they are assessing a building development application and issuing the building development approval for the building work the subject of this form. A new appendix provides information for the appointed competent person, the building certifier, building product manufacturers and suppliers and industry generally about the form.
Form 16	Inspection Certificate	Changes for consistency with the BR 2021. Revised to clarify that the form is used as the inspection certificate for stages of building work Aspect certificates are now under Form 12 (new) and Form 43 (new). A new Appendix provides information to assist in the completion of the document.
Form 17	Final inspection certificate swimming pools and swimming pool fencing	Changes for consistency with the BR 2021.
Form 18	Notice to owner (where owner is not the client) that a private building certifier has been engaged	Minor amendment to the Appendix for consistency with other administrative forms made in 2020 when owners request additional compliance inspections.
Form 21	Final inspection certificate	Changes for consistency with the BR 2021 A new Appendix provides information to assist in the completion of the document.
Form 24	Temporary accommodation buildings checklist	Changes for consistency with the BR 2021.
Form 43 (New form)	Aspect Certificate (QBCC Licensee)	A QBCC licensee completes this form, if they have carried out the aspect work (or authorised to complete the form under the QBCC Regulation) the subject of a building development approval for a single detached class 1a building or a class 10 building or structure. The QBCC licensee must complete the form informing the building certifier how the aspect work complies with the building development approval. Currently the Form 16 – Inspection certificate is issued to advise about compliance of a stage of building or aspect work. An Appendix provides information for the industry, including QBCC licensees and building certifiers.
Form 30 (New form)	QBCC licensee aspect certificate for accepted development (self-assessable).	This form is for aspect work for a single detached class 1a building or class 10 building and structures, if, the work is prescribed under Schedule 1 of the BR 2021 and not under a building development approval. An Appendix provides information to the industry, including QBCC licensees, builders and homeowners about the form.
Form 32	Relevant information for service providers	Changes include minor edits and for consistency with the numbering of the BR 2021 and to clarify the information (i.e. plans/part plans) the building certifier should provide in the form.
Form 33	On-site water storage tanks under Queensland Development Code MP 3.7 – Farm buildings	Changes for consistency with the BR 2021.
Form 61	Noncompliance notice	Under the BR 2021 the appointed competent person no longer issues this form, regardless whether they are the inspecting person. The BR 2021 clarifies the building certifier is the accountable person for the certification of a building and are the enforcement authority until they issue the final certificate or certificate of occupancy for the building. If the inspecting person is a building certifier, and they are not satisfied the stage of work complies with the building development approval then they must give the builder this noncompliance notice (Form 61). Further if the building certifier receives a notice that a stage of work does not comply with the building development approval (new approved Form 62) from the inspecting person, who is the appointed competent person, and the building certifier is not satisfied the stage of work has been rectified or does not comply with the building development approval, they must issue a noncompliance notice (Form 61) to the builder. A new Appendix provides information to assist in the completion of the document.
Form 62 (New form)	Notice that the stage of work does not comply (Appointed competent person)	If the competent person appointed to inspect the stage of work is not satisfied the stage has been completed or that the work does not comply with the building development approval, they must complete this form, and give it to the builder for the work and the building certifier. The competent person cannot issue a noncompliance notice (Form 61). Issuing a Form 61 is a function of the building certifier. This clarifies the policy intent of the BR 2006. An Appendix provides information to assist in the completion of the document.

The following are non-mandatory administrative/recommended forms that have been updated to include the new section numbers from the BR 2021:

Form number	Description	Summary of changes to existing forms and the purpose of the new forms
Form 31 (New form)	Additional certification notice	This form was previously published as a Form 33 in 2020 (now has a new form number). Minor editorial changes to the Appendix content to align the with the BR 2021 and other approved forms.
Form 35	Owner request for a copy of inspection documentation	Minor changes to reflect the newly approved forms and any changes to numbering i.e. renumbered forms – now forms 31 and 42 (previously numbered forms 31 and 39).
Form 42 (New form)	Client (where the owner is not the client) gives owners details to the private certifier	This form was published as a Form 39 in 2020 (now has a new form number). Minor editorial changes in the Appendix to align the content with the BR 2021 and other approved forms.
Form 58	Notice for inspection for a stage of building work	Minor edits and renumbering of provisions for consistency with BR 2021.

Last updated:: 24 June 2025