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Development Permits - Building Works - Port of Brisbane

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F a c t s h e e t<br />

Development Permits - Building Works<br />

Development Applications are issued for different disciplines within the building industry, for example, once planning approval has<br />

been issued, you are then required to commence with building works approval before building can actually commence.<br />

The approval process for building works is known as a ‘Development Application (or Permit) for Building Works’.<br />

This fact sheet sets out to clarify details on a Development Application (or Permit) for Building Works and the application and<br />

review process (not to be confused with a Development Application for Planning consent).<br />

What is ‘building work’?<br />

‘Building work’ is defined as:<br />

the renovation, alteration, extension, improvement<br />

or repair of a building<br />

the provision of lighting, heating, ventilation, <strong>airconditioning</strong>,<br />

water supply, sewerage or drainage in<br />

connection with a building<br />

the preparation of plans or specifications for the<br />

performance of building work<br />

contract administration carried out by a person in<br />

relation to the construction of a building designed by<br />

the person.<br />

According to the QLD Building Service Authority ‘building<br />

work’ is considered to have a work total value of $1100<br />

or more (if the building work requires an occupational<br />

licence such as plumbing or fire protection works the<br />

legislation cuts in a zero dollar value).<br />

Legislative Authority<br />

Building Works approvals are controlled by the following<br />

legislation:<br />

Building Act 1975<br />

Building regulation 2006<br />

Queensland Building Services Authority Act 1991<br />

(QBSA).<br />

For a Development Application for Building Works to<br />

be approved it must also comply with the Integrated<br />

Development Assessment System (IDAS), the fire safety<br />

standard, any local laws or planning instruments where<br />

applicable, the Queensland Development Code (QDC)<br />

and the Building Code of Australia (BCA).<br />

Building Works - process<br />

All building works approvals must be submitted to and<br />

approved by a private Building Certifier (who is registered<br />

in the state of Queensland) then submitted to the local<br />

council for notification and record keeping purposes.<br />

Specifically, applicants must provide a private Building<br />

Certifier with completed IDAS Forms 1 and 2 for a<br />

Development Permit for Building Works to be issued.<br />

FORM 1 is compulsory for all types of applications<br />

and details information about the description of the<br />

land and owners’ details and consent.<br />

FORM 2 must include the builder’s detail’s including<br />

their Queensland Building Services Authority (QBSA)<br />

licence number.<br />

The Building Certifier must also identify the appropriate<br />

referral agencies applicable to the development. Where a<br />

special fire service is installed or altered within a building<br />

or an alternative solution is applicable to the works<br />

(e.g. building modifications, extensions or fit out works),<br />

the Queensland Fire and Rescue Service will be referred<br />

to as an advice agency.<br />

Lodgement of Development Permit for<br />

Building Works<br />

Once an application has been assessed and all<br />

documents and other approvals (including referral<br />

agency advice and Port of Brisbane Pty Ltd comments<br />

regarding land use) are received, a Development<br />

Permit for Building Works can be issued to allow the<br />

building work to commence.<br />

Page 1 of 3


Development Permits - Building Works Fact Sheet<br />

Building Works - process (Cont’d)<br />

It is important to note that all development proposals<br />

require careful preparation so that once lodged, the<br />

review process can occur in a timely manner.<br />

The Port of Brisbane Pty Ltd (PBPL) does not employ<br />

Building Certifiers and will only be able to assist you<br />

with the preparation of your development proposals.<br />

Approval for building works<br />

The approval for ‘building works’ must be provided to<br />

the relevant council within five days for their record<br />

keeping purposes. The Building Regulations lists the<br />

items to be lodged with the council after the issue of a<br />

development permit by a private Building Certifier.<br />

Building works items to be supplied:<br />

a copy of the plans<br />

a list of required fire safety installations<br />

copy of any certificates or documentation<br />

from competent persons<br />

copy of the certifiers’ accreditation<br />

any performance approvals.<br />

Development Permit FOR Building Works – Review Process<br />

A properly made application is lodged with the Certifier<br />

The application requires assessment<br />

by QFRS<br />

The Certifier commences assessment<br />

The QFRS must provide assessment advice<br />

within 15 business days<br />

Assessment runs concurrent with QFRS<br />

assessment<br />

QFRS issues complying assessment advice<br />

Development permit can now be issued on<br />

reciept of the Qleave payment<br />

The development permit is issued with<br />

conditions and all documents including<br />

certificates are lodged with the local<br />

authority within five business days of<br />

issuing the approval<br />

The development permit is issued to the<br />

Local Authority and the Local Authority<br />

must immediately on receipt of the<br />

application issue an acknowledgement<br />

notice to the Private Certifier<br />

Certifier cannot issue the application to<br />

the applicant until an acknowledgement<br />

advice is received<br />

Certifier issues the development permit<br />

and work commences<br />

The Local Authority issues a tax invoice or<br />

an acknowledgment notice<br />

Builder requests a final inspection to be<br />

carried out by QFRS<br />

Builder carries out building work and has<br />

required inspections carried out during<br />

the construction phase and requests a<br />

final inspection<br />

QFRS must undertake the final inspection<br />

within 15 business days of receiving<br />

the request<br />

QFRS undertakes the final inspection<br />

and issues a complying inspection report<br />

to the Cerifier<br />

The Certifier carries out the final<br />

inspection and in accordance with the<br />

approval issues an inspection report noting<br />

outstanding certificates and approvals<br />

When the Certifier receives and accepts<br />

all certificates, approvals and as<br />

constructed documents, a Certificate of<br />

Classification is able to be issued<br />

A copy of the Certificate of Classification,<br />

and as constructed plans, with a list of<br />

the fire safety installations, are lodged with<br />

the QFRS within five business days<br />

The certifier issues the Certificate of<br />

Classification to the Owner, Applicant,<br />

Local Authority within five busisness days<br />

A copy of the Certification of Classification<br />

with as constructed plans and all<br />

inspection certificates are forwarded<br />

to the Local Authority<br />

Page 2 of 3


Development Permits - Building Works Fact Sheet<br />

CERTIFICATES OF CLASSIFICATION<br />

Common non compliances<br />

Minor fit-outs and refurbishments are quite often<br />

undertaken without consideration or knowledge of<br />

the existing building approval conditions or current<br />

code restrictions. For example, small adjustments to<br />

floor layouts and materials can cause non-compliances<br />

to travel distances, fire indices and fire safety systems<br />

and some tenancy fit-outs, in buildings over 500m 2 ,<br />

need to consider the building as a whole, not just the<br />

tenancy fit-out.<br />

Certificate of Classification is the term for the legal<br />

document that states a building can be occupied with<br />

regard to the use, for which it was designed, built or<br />

adapted.<br />

It is imperative that owners, occupiers and facility<br />

managers ensure that their buildings are being occupied<br />

in accordance with the certificate of classification as<br />

substantial penalties apply for non compliance.<br />

If the building works use a building solution which<br />

restricts the use or occupation of the building, the<br />

relevant building certifier will state the restriction on<br />

the certificate of classification.<br />

Examples of restrictions on certificate of<br />

classification:<br />

A restriction may be placed on the number of<br />

persons to occupy a building when a number<br />

of people accommodated could affect the<br />

dimensions of exits and travel paths to exits<br />

and types of door hardware installed.<br />

The Building Regulation 2006 allows for ‘minor<br />

alterations’ without the need for a development permit,<br />

however, the scope is very restrictive. Compliance<br />

with the existing approval conditions in the current<br />

Building Code of Australia (BCA) and the Queensland<br />

Development Code (QDC) need to be assessed on<br />

an individual basis. Any alteration to detectors or<br />

sounders will normally require building approval as<br />

well as the involvement of the QFRS.<br />

Non-compliances commonly occur with a tenancy<br />

change, resulting in the nature and quantity of the<br />

materials stored or displayed in a building. This can<br />

impact on restrictions inherited with the building’s<br />

Certificate of Classification and that reflects the<br />

intended use of the building. For more information,<br />

Table E1.5 of Volume 1 of the Building Code<br />

of Australia, outlines restrictions on storage of<br />

combustible materials such as carpets, clothing,<br />

furniture, electrical appliances and all materials having<br />

wrappings or preformed containers of foam plastics.<br />

An alternative solution may require additional<br />

testing for a fire system above the minimum<br />

standard normally required.<br />

Further information<br />

Should you require more information on the preparation and assessment of a ‘Development Application – Building Works’<br />

please contact the PBPL Facilities Management Team:<br />

facilitiesmanager@portbris.com.au www.portbris.com.au +617 3258 4888<br />

Page 3 of 3

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