Author, Editor | Kieran Balmaceda        Technical Advisory | Kylie Rowlands

In September, the remade Building Regulation 2021 (BR 2021) commenced in the state of Queensland, introducing with it a range of new and amended building forms which also fall under BR 2021.

A bulletin published by the Queensland Government Department of Energy and Public Works states that “The BR 2021 continues to support the objectives of the Building Act 1975 and generally maintains the obligations and requirements in the BR 2006.”

Information regarding the introduction of new Building Regulations 2021 was also published in the previous Building and Plumbing Newsflash 590 on August 26th this year, and can be viewed through the Department of Communities, Housing and Digital Economy website.

These numerous changes to Queensland Building Form Regulations may have slipped under the radar for many in the building and construction industry.

While they may be subtle, each of these updates to Form requirements mean changes to the way we maintain compliance across new and existing buildings and building projects throughout Queensland.

So, to help you understand what has changed and what your obligations are under these new conditions, we’ve made a list breaking down each change and the form they apply to (plus details on what the form pertains to).

We’ve also marked a number of new forms which have been introduced in this update. These are particularly important to stay up to speed on.

Staying on Form

Form 9 | Application to vary the Building Act 1975

  • Changes for consistency with the BR 2021.

Form 12 | Aspect Inspection Certificate (Appointed Competent Person)

  • An appointed competent person (inspections) must complete this approved form (Form 12) and give it to the building certifier after they:
    • (1) inspect the aspect of work, and
    • (2) are satisfied the aspect of work has been completed and complies with the building development approval (BDA).
  • The BR 2006 requires the Form 16 – Inspection certificate to be issued to state the compliance of a stage of building or aspect of work.
  • An Appendix provides information to assist in the completion of the document.

Form 13 | Application for the Certificate of Occupancy for a building or structure built before 30 April 1998 / Change of Classification

  • Changes for consistency with the Building Act 1975 and the BR 2021.

Form 15 | Compliance certificate for a building design or specification

  • Changes for consistency with the BR 2021.
  • The appointed competent person (design – specifications) completes this form, which is used to inform the building certifier’s decision when they are assessing a building development application and issuing the BDA for the building work the subject of the certificate (Form 15).
  • A new Appendix provides information about the form for the appointed competent person, the building certifier, building product manufacturers and suppliers, and industry.

Form 16 | Inspection Certificate

  • Changes for consistency with the BR 2021.
  • Revised to clarify that the form is used as the inspection certificate for stages of building work.
  • Aspect certificates for work that is subject to a BDA is now either a Form 12 (NEW) for a competent person, or Form 43 (NEW) for a QBCC licensee.
  • A new Appendix provides information to assist in the completion of the document.

Form 17 | Final inspection certificate swimming pools and swimming pool fencing

  • Changes for consistency with the BR 2021.

Form 18 | Notice to owner (where owner is not the client) that a private building certifier has been engaged

  • Minor amendment to the Appendix for consistency with other administrative forms made in 2020 when owners request additional compliance inspections.

Form 21 | Final inspection certificate

  • Changes for consistency with the BR 2021.
  • A new Appendix provides information to assist in the completion of the document.

Form 24 | Temporary accommodation buildings checklist

  • Changes for consistency with the BR 2021.

Form 30 NEW FORM | QBCC licensee aspect certificate for accepted development (self-assessable)

  • This form is completed by the QBCC licensee for an aspect of work for a single detached class 1a building or class 10 building and structures if the work is prescribed under Schedule 1 of the BR 2021 and not under a BDA.
  • An Appendix provides information about the form to industry, including QBCC licensees, builders, and homeowners.

Form 32 | Relevant information for service providers

  • Changes include minor edits for consistency with the numbering of the BR 2021 and to clarify the information (i.e. plans/part plans) the building certifier should provide in the form.

Form 33 | On-site water storage tanks under Queensland Development Code MP 3.7 – Farm buildings

  • Changes for consistency with the BR 2021.

Form 43 NEW FORM | Aspect Certificate (QBCC Licensee)

  • A QBCC licensee completes this form, if they have carried out the aspect work (or authorised under the QBCC Regulation) that is subject to a BDA for a single detached class 1a building or a class 10 building or structure.
  • The QBCC licensee must complete the form informing the building certifier how the aspect work complies with the BDA.
  • Currently the Form 16 – Inspection certificate is issued to advise about the compliance of a stage of building or aspect work.
  • An Appendix provides information for the industry, including QBCC licensees and building certifiers.

Form 61| Noncompliance notice

  • Under the BR 2021 the appointed competent person no longer issues this form, regardless whether they are the inspecting person.
  • The BR 2021 clarifies the building certifier is the accountable person for the certification of a building and are the enforcement authority until they issue the final certificate or Certificate of Occupancy for the building.
  • If the inspecting person is a building certifier, and they are not satisfied the stage of work complies with the building development approval then they must give the builder this Noncompliance notice (Form 61).
  • Further if the building certifier receives a notice that a stage of work does not comply with the BDA (new approved Form 62) from the inspecting person, who is the appointed competent person, and the building certifier is not satisfied the stage of work has been rectified or does not comply with the BDA, they must issue a Noncompliance notice (Form 61) to the builder.
  • A new Appendix provides information to assist in the completion of the document.

Form 62 | Notice that the stage of work does not comply (Appointed competent person)

  • If the competent person appointed to inspect the stage of work is not satisfied the stage has been completed or that the work does not comply with the BDA, they must complete this form, and give it to the builder for the work and the building certifier.
  • The competent person cannot issue a Noncompliance notice (Form 61). Issuing a Form 61 is a function of the building certifier. This clarifies the policy intent of the BR 2006
  • An Appendix provides information to assist in the completion of the document.

As if this list wasn’t thorough enough, three non-mandatory administrative/recommended forms have also been renumbered and updated to include the new section numbers from the BR 2021.

Here’s the breakdown:

Form 31 (RENUMBERED) | Additional certification notice

  • This form was previously published as a Form 33 in 2020 (and now has a new form number).
  • Minor editorial changes in the Appendix to align the content with the BR 2021 and other approved forms.

Form 35 | Owner request for a copy of inspection documentation

  • Minor changes to reflect the new forms and any changes to numbering i.e. renumbered forms – now Forms 31 and 42.

Form 42 (RENUMBERED) | Client (where the owner is not the client) gives owners details to the private certifier

  • This form was previously published as a Form 39 in 2020 and now has a new form number.
  • Minor editorial changes in the Appendix to align the content with the BR 2021 and other approved forms.

This wall of changes may be a lot to take in and can create uncertainty in how building projects and compliance requirements will be managed going forward.

To save the headache and help you understand your statutory responsibilities, all you have to do is get in touch with a member of our Queensland Building Surveying Team and we’ll be able to guide you through your Form requirements and make sure everything is carried out according to the regulations. No more headaches or red tape.

Start the conversation today with our Queensland Manager Kylie.

Kylie Rowlands
Manager – Building Surveying Queensland
Kylie.Rowlands@hendry.com.au