Building Regulation 2021

For section 21(2) of the Act—

the building work (accepted development (self assessable)) mentioned in schedule 1 is prescribed to the extent the building work does not include altering cladding forming part of, or attached or applied to, an external wall or another external part of a building other than the roof; and

the building work mentioned in schedule 2 is prescribed.

The building work mentioned in schedule 1 must comply with the relevant provisions within the meaning of section 21(5) of the Act.

the matters that a local planning instrument may designate for the BCA or QDC; and

the aspects of, or matters related or incidental to, building work that may be the subject of a provision, or an amendment, of—

a local law: or

a planning scheme; or

a resolution of a local government.

A local government, may in a local planning instrument, designate all or part of its area as a designated bush fire prone area for the BCA or the QDC.

For each designated bush fire prone area, the provisions of the BCA or QDC that apply to the area apply to any building assessment work carried out within the area.

The local government must, if it is practicable to do so, ensure the local government’s maps in its planning scheme show each designated bush fire prone area.

If it is not practicable for the local government to comply with subsection (3), the local government must—

prepare maps that—

show the designated bush fire prone areas; and

state the date each area was designated as a bush fire prone area; and

ensure the maps are updated from time to time to show each designated bush fire prone area.

On the making of the designation, the provisions of the BCA or QDC that apply to a designated bushfire prone area apply for any building assessment work that relates to the area.

A local government may in a planning scheme, temporary local planning instrument under the Planning Act or by resolution—

designate all or part of its area as a flood hazard area; and

declare the following matters for all or part of the designated flood hazard area—

the defined flood level;

the maximum flow velocity of water;

an inactive flow or backwater area;

a freeboard that is more than 300mm;

the finished floor level of class 1 buildings built in all or part of the flood hazard area.

The local government must, in designating a flood hazard area, comply with—

a State planning policy; and

if a temporary State planning policy is in effect when the designation is made—the temporary State planning policy to the extent it applies in relation to the designation.

If the local government makes a designation or declaration under subsection (1), the local government must state in the planning scheme, temporary local planning instrument under the Planning Act or resolution, that the designation or declaration is made under this section.

The local government must keep a register of—

each flood hazard area designated by the local government; and

the date each area was designated as a flood hazard area.

In this section—defined flood level means the level to which it is reasonably expected flood waters may rise.finished floor level means the level of the uppermost surface of a finished floor not including any floor covering.Examples of a floor covering—carpet, tilesfreeboard means a height above the defined flood level that takes account of matters that may cause flood waters to rise above the defined flood level.Examples of matters that may cause a flood level to rise above the defined flood level—wave action, localised hydraulic behaviourinactive flow or backwater area means all or part of a flood hazard area where the maximum flow velocity of water is not likely to be greater than 1.5m/s.maximum flow velocity of water, for all or part of a designated flood hazard area, means a flow velocity of water reasonably expected to be the maximum flow velocity of water for all or part of the area.State planning policy means a State planning policy under the Planning Act, other than a temporary State planning policy.temporary State planning policy see the Planning Act, section 12.

This part applies to a building development application for the construction of a domestic dwelling.

Building assessment work for the building development application must be carried out under—

this part; and

the requirements relating to smoke alarms for a domestic dwelling under the BCA.

a class 1a building; or

a sole-occupancy unit in a class 2 building.

A smoke alarm must be installed in each bedroom of the domestic dwelling in a place that complies with section 12.

Each smoke alarm—

must comply with AS 3786–2014; and

must contain a photoelectric sensor and not an ionisation sensor; and

must be hardwired to the domestic dwelling’s electricity supply; and

must be interconnected to every other smoke alarm installed in the dwelling.

For subsection (2)(d), a smoke alarm (the first smoke alarm) is interconnected to another smoke alarm if—

the first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and

the other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.

However, subsections (1) and (2) do not apply to a sole-occupancy unit in a class 2 building if a smoke detection system that complies with the BCA, specification E2.2a, clause 4, has been installed in the sole-occupancy unit.

If the BCA is inconsistent with this section, this section prevails to the extent of the inconsistency.

must be installed—

if it is practicable to mount the smoke alarm on a ceiling—on the ceiling; or

if it is not practicable to mount the smoke alarm on a ceiling and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—on the underside of the exposed joist or beam; or

otherwise—on a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and

if the smoke alarm is installed on a ceiling that slopes—must be installed in an area of the ceiling that is between 500mm and 1,500mm from the apex of the ceiling; and

must not be installed—

within 300mm of a light fitting; and

if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and

if the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and

within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and

within 400mm of the blades of a ceiling fan.

This section prescribes a standard for section 231D(1)(b) of the Act.

A sign complying with subsection (3) (a resuscitation sign) must be displayed at a regulated pool.

For subsection (2), the resuscitation sign must—

be attached to the barrier for the regulated pool, or displayed near the pool, so that the sign is conspicuous and easily visible to anyone near the pool; and

be at least 300mm x 300mm in size; and

be made of durable and weatherproof material; and

include a statement that is prominent on the sign explaining to anyone reading the sign how to act in an emergency, including, for example, telephoning for an ambulance, staying with the injured person, calling for help and providing first aid; andExample of what sign must state—‘In an emergency phone 000 and ask for ambulance. Stay with injured person, call for help and resuscitate.’

show information about the procedures for providing first aid, including performing cardiopulmonary resuscitation in the way stated in the document called ‘ANZCOR guideline 8—Cardiopulmonary resuscitation (CPR)’ published by the Australian Resuscitation Council in January 2016.

Each statement or diagram written or placed on the resuscitation sign must—

be clear and legible; and

be made by using a material that is durable and weatherproof.