Building regulation changes – Building Regulation 2021
The Building Regulation 2021 commenced on 1 September 2021 and remade the Building Regulation 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efficient and effective they automatically expire (sunset) ten years after being made, unless otherwise exempt or repealed.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 Building Regulation 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 Building Regulation 2006 ‘sunset’ review process with industry feedback informing the drafting of the new Building Regulation 2021, which commenced on 1 September 2021.
What’s changed?
The Building Regulation 2021 continues to support the objectives of the Building Act 1975 and generally maintains the obligations and requirements in the Building Regulation 2006, with some changes to the structure, numbering and ordering of some provisions and removing repetitive provisions. However, these amendments did not generally change the policies, obligations or requirements that existed in the Building Regulation 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- remove outdated transitional provisions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.
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 Building Regulation 2021 looks and feels different, the obligations and requirements are generally the same as the Building Regulation 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.
Table 1 – Building Regulation 2021 the summary of changes
Parts of BR 2021 | New relevant information |
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Part 1 – Preliminary |
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Part 2 – Declared accepted development |
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Part 3 – Matters for local laws, local planning instruments or resolutions |
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Part 4 – Smoke alarms for domestic dwellings |
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Part 5 – Swimming pool safety |
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Part 6 – Competent persons |
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Part 7 – Cadet building certifiers |
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Part 8 – Inspections of assessable building work |
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Part 9 – Certificates |
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Part 10 – Miscellaneous |
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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 |
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Form 12 | Aspect Inspection Certificate (Appointed Competent Person) |
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Form 13 | Application for the Certificate of Occupancy for a building or structure built before 30 April 1998 / Change of Classification |
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Form 15 | Compliance certificate for a building design or specification |
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Form 16 | Inspection Certificate |
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Form 17 | Final inspection certificate swimming pools and swimming pool fencing |
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Form 18 | Notice to owner (where owner is not the client) that a private building certifier has been engaged |
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Form 21 | Final inspection certificate |
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Form 24 | Temporary accommodation buildings checklist |
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Form 43 | Aspect Certificate (QBCC Licensee) |
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Form 30 (New form) | QBCC licensee aspect certificate for accepted development (self-assessable). |
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Form 32 | Relevant information for service providers |
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Form 33 | On-site water storage tanks under Queensland Development Code MP 3.7 – Farm buildings |
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Form 61 | Noncompliance notice |
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Form 62 (New form) | Notice that the stage of work does not comply (Appointed competent person) |
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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 |
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Form 31 (New form) | Additional certification notice |
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Form 35 | Owner request for a copy of inspection documentation |
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Form 42 (New form) | Client (where the owner is not the client) gives owners details to the private certifier |
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Form 58 | Notice for inspection for a stage of building work |
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