Australia: UPDATE - Amendments have commenced! Legislating a path through the building approval maze


  • Council planning and building officers
  • private certifiers, and
  • planners.


  • Further restrictions have been imposed on the grant of building approvals by private certifiers.


  • Councils may need to implement new processes to review demolition building approvals given by private certifiers.

The Local Government Electoral (Transparency and Accountability in Local Government) and Other Legislation Amendment Act 2017 (Qld) (Act) was assented to on 19 May 2017, and the majority of the provisions commenced on that date.

In our previous alert 'Legislating a path through the building approval maze', we discussed the proposed amendments in the Bill and the intent to address issues arising from several court decisions concerning the development approval process for building work.


The Act amends the Building Act 1975 (Qld) (Building Act) and the Sustainable Planning Act 2009 (Qld) (SPA) in relation to how building approvals are given by private certifiers, in circumstances where aspects of the building work are assessable under a local planning instrument. The amendments are in substantially the same form as proposed in the Bill.

In summary, until the SPA is repealed, the application process for a development application for building work can be summarised as follows:

  • for a development application for a development permit for building work that is made to a private certifier as assessment manager:
    • if any part of the building work requires impact assessment, a development permit given by the private certifier for the building work does not authorise the carrying out of the part requiring impact assessment, unless a preliminary approval given by an entity other than a private certifier is in effect, or
    • if any part of the building work must be assessed against a matter that is not a building assessment provision and the matter is not within the jurisdiction of a referral agency, a development permit given by the private certifier for the building work does not authorise the carrying out of the part requiring assessment against the matter, unless a preliminary approval given by an entity other than a private certifier is in effect.1
  • a private certifier must not grant a building development approval:
    • until all necessary development permits and SPA compliance permits are in effect for the development, other than building work, that may affect any or all of following –
      • the form and location of the building work
      • the use to which the building or structure is put, or
      • the assessment of the building development application,2 and
    • if, pursuant to section 245A of the SPA, a preliminary approval is required to be given by an entity other than a private certifier before the works are authorised, until that preliminary approval is in effect,3 and
    • if a referral agency has jurisdiction for a matter relating to the building work under the SPA, until:
      • the referral agency has given its referral agency response, or
      • the referral agency's assessment period for the application has ended.4


The Act also introduces a new safeguard in relation to applications for building work that involve demolition of a building used only or mainly for residential purposes and the building work is assessable under a local planning instrument.

New sections 88(2A) and 88(2B) of the Building Act make it an offence for a private certifier to give an applicant any approval documents for such a demolition application until at least five business days after the certifier gives a copy of the application and approval documents to the Council. The maximum penalty for an individual is currently $20,113.50 ($20,814.75 from 1 July 2017).

Councils will need to ensure they have processes in place to review demolition building approvals as soon as possible within the 5 business day period, if demolition building works are a concern in their local government areas.


Under the Planning Act 2016 (Qld) (PA), when it commences on 3 July 2017, the intention indicated in the Explanatory Notes seems to be that private certifiers are to continue to be restricted from granting building development approvals until any other required development permit is in place.

New section 73A of the PA may require amendment to the definition of 'relevant preliminary approval'. Otherwise, it seems that a development permit given by a private certifier can only authorise the part of the building work that requires assessment against, or having regard to, a matter that is not a building assessment provision if a preliminary approval was issued under the SPA before it was repealed, i.e. a preliminary approval or a development permit issued under the PA is not recognised.

Unnecessarily complex?

Concerns have been raised in relation to the complexity of the private certification building approval process. It is hoped that explanatory material will be issued, or training sessions offered, to assist Councils and private certifiers in implementing the new processes.


1 section 245A of the SPA
2 section 83(1)(a) of the Building Act
3 section 83(1)(b) of the Building Act
4 section 83(1)(d) of the Building Act

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions