QLD – HENDRY building certifiers advise that when a building certifier issues a Final Inspection Certificate for a building Section 115 of the Building Act 1975 applies to a person who occupies the building. Section 115 Compliance with relevant building regulations, Building Code of Australia and Queensland Development Code provisions for occupation and use of building, in part states:

115  Compliance with relevant BCA and QDC provisions for occupation and use of building

(1) A person must not, unless the person has a reasonable excuse, occupy or use a building if the building does not comply with the following for the occupation or use:

(a)  any relevant BCA provisions for its class of building;
(b)  any relevant QDC provisions for the building.

Maximum penalty – 165 penalty units.

(2) Subsection (3) applies if, under a performance requirement for a building under any relevant BCA provisions for its class of building or any relevant QDC provisions for the building, a person must carry out work to maintain the building for occupation and use.

(3) The person must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty – 165 penalty units

Queensland Development Code: MP6.1

Maintenance of fire safety installations requirements are specified in the Queensland Development Code Mandatory Part 6.1 Maintenance of fire safety installations. This document is nominated under the Building Act 1975 in Schedule 1 for compliance.

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Building Legislation Table

Refer to our Building Legislation table for further information on the development permit process including the Certificate of Classification.

Fire Safety Compliance: Fire Safety Installations

Refer to our Fire Safety Installations Identification table for further information on individual Fire Safety Installations and the Annual Occupiers Statement.

Further Advice

For building surveying consultancy advice please contact our closest HENDRY office by clicking here.