Building Approvals – When Do You Need Them?
Living in Queensland, many of us are well versed with the threat of cyclones and other major weather events. No doubt many of you may have considered the structural soundness of your house and improvements on your land. But how do you know if your house and improvements are built to withstand bad weather?
A Building Permit is needed before construction can start on most types of domestic buildings.
You can obtain a Building Permit from either the local Council (through their Building Certifier) or a Private Building Certifier.
A Building Certifier (who is licensed with the Queensland Building and Construction Commission “QBCC”) ensures building work complies with the Building Act 1975. They also can advise whether a Building Permit is required due to the nature of the proposed construction works.
For new houses (class 1a buildings), the Building Certifier will need to inspect the construction at the following stages:
Excavation;
Footings;
Slab;
Frame;
Final
However, for class 10 buildings (which are non-habitable buildings or structures, including sheds, carports, retaining walls, etc), the only mandatory stage of inspection is the final stage.
Once a Building Certifier has inspected the works, they sign a Form 16 – Inspection Certificate and provide this to the builder to confirm that stage of construction has been completed satisfactorily. If you are the owner of the building, you should also receive a copy.
After all of the necessary Form 16’s have issued, the Certifier will issue a ‘Certificate of Occupancy’ (Form 11) for commercial properties, or a Form 21 Final Building Approval for detached dwellings once the Certifier is satisfied that the work is completed in accordance with the Building Permit, and the building is suitable for occupation. If you are the building owner, you should receive this and keep it in a safe place.
Final Building Approvals for Houses
If a house was built after 1998 it should have a Final Building Approval (Form 21) issued for it.
Prior to 1998, it was not mandatory for Final Building Approval to be issued; and as such many Dwellings or other structures on the Land prior to this date may not have a Final Building Approval issued.
Dwellings or structures constructed prior to 1975 are likely to have minimal records held at all, as the current approval regime required was only implemented in 1975 with the current Building Act.
If you are buying a property with a house on it, you should ask the Seller or Real Estate Agent for a copy of the Final Building Approval (Form 21) and Final Plumbing Certificates before entering into the Contract. If they don’t hold these and the house was built after 1998 then you can either insert a special condition into the Contract making it a requirement for the Seller to provide you one prior to settlement (at their cost), or if that isn’t agreed, make the contract conditional upon you doing a Building Records Search with Council at your own cost and you being satisfied with the results.
In the event that the dwelling or structures do not have a Final Building Approval, then to obtain one now the Certifier must assess the dwelling or structure against the current building standards, which are stricter; and as such it maybe costly or in some cases impossible to obtain missing certificates for older buildings.
Whilst, it is not illegal for a Dwelling to be occupied without a Final Building Approval, a failure to comply with the Building Act requirements, can result in the local Council issuing a “Show Cause Notice” requiring work to be done to the building to ensure it is compliant with the Building Act.
In the event that a landowner does not comply with the Show Cause Notice issued, the local Council can fine the landowner, or demand the structure to be removed.
When purchasing a property with a house on it, we recommend conducting a Building Records Search from Council, which should notify you of what improvements have received Building Permits to be constructed on the land, and which of those improvements have had a Certifier issue a Final Building Approval, where required.
Insurance and Council Approval Issues
Whilst most insurers do not have access to local authority records, or include a requirement in their insurance policies for structures to have the required Final Building Approvals held, this is very insurer dependent.
As such there is a risk, that in the event that there is either an unimproved structure; or a structure that does not have all the required Certificates issued, that a public liability claim for third party damage, or property damage by the structure, or to the structure itself may not be accepted by the insurer. You should, always ensure that you are obtaining advice on insurance and your disclosure obligations with your insurer or your insurance broker.
If you would like any guidance on understanding whether the improvements on your property (or one that you are buying) should have building approvals, please contact our office and we can assist.
At Statewide Legal Practice, we regularly assist Sellers and Buyers with the sale and purchase of their farms or houses. Contact us if you require assistance.
The content of this article is intended to provide a general guide to the subject matter. Specific advice should be sought about your particular circumstances.