1. Introduction
This guide aims to assist builders and building certifiers in the repair and reconstruction of damaged sheet metal roofs in cyclone-prone regions. It also offers insights on obtaining necessary building and planning approvals when repairing or rebuilding a home.
It is important to note that this guide does not replace or override any legislative requirements. It should be read alongside relevant laws, codes, and standards, such as:
- Building Code of Australia (latest edition)
- Australian Standard (AS) 1684.3-2006
- Building Act 1975 and Building Regulation 2006
- Sustainable Planning Act 2009 and Sustainable Planning Regulation 2009
Building Approvals
What is a Building Approval?
In accordance with the Building Act 1975, any new building work in Queensland requires approval unless specified as self-assessable or exempt under the Building Regulation 2006 (see Schedules 1 and 2). Building approvals ensure that constructions meet standards for safety, health, amenity, and sustainability. These assessments are done according to the Building Code of Australia and the Queensland Development Code.
Self-assessable works do not need formal approval, but they must still adhere to relevant building codes and standards. Exempt works do not require approvals and are not subject to building regulations.
Is a Building Approval Needed to Repair a Home?
A building approval is generally not necessary for simple repairs or replacements of fixtures like kitchen cabinets, vanity units, floor coverings, or internal wall linings.
However, if the repairs impact the structural elements of the building, a building approval will be needed. Minor structural work, such as replacing a roof beam for a small area (up to 5m²), may be exempt from requiring approval, as long as it does not affect more than 20% of the building’s structural components.
Any repair work must meet the current building codes, which may improve the structure’s resilience to future wind events. In some cases, it may be advisable to consider upgrades to other parts of the building to enhance its overall strength. For instance, when repairing the roof sheeting, it might be worth considering upgrading the roof’s tie-down connections. A building certifier can provide advice on such upgrades.
If there’s any uncertainty about the repair work’s compliance with the codes, consulting a building certifier is recommended.
Is a Building Approval Required for Substantial Rebuilding?
Yes, a building certifier will need to confirm that the proposed reconstruction complies with the relevant building codes before construction can begin.
Special Circumstances
The Sustainable Planning Act 2009 allows exemptions for building work carried out in emergency situations. This exemption permits construction to proceed without the usual approvals when an emergency threatens life, health, or the structural safety of a building.
In these cases, work can proceed without approval, but the local government must be notified in writing as soon as practical after work begins.
Planning Approvals
What is a Planning Approval?
Planning approvals regulate what types of uses and activities are permitted on land, ensuring that there are minimal impacts on surrounding areas. Most planning approvals are granted by local governments.
When a planning approval is required, a building approval cannot be issued until the planning approval is secured and all conditions are met.
Is Planning Approval Needed to Repair a Home?
If repairing a home to its original condition after damage, a planning approval is generally not required. However, it’s always advisable to check with the local government for confirmation.
Is Planning Approval Needed to Relocate a Home?
For lots that are 450 square meters or larger, or with a width exceeding 15 meters, planning approval is usually not required unless the home is located in certain areas, such as:
- Areas impacted by mining activities
- Urban stormwater flow paths
- Character zones or if the building is a designated character structure
Confirm these details with your local government, as regulations may vary based on specific zoning and location.
For lots smaller than 450 square meters, it is essential to consult the relevant local government since regulations can differ from one area to another.
Is Local Government Planning Approval Needed to Rebuild a Home?
If the home is being replaced exactly as it was (like-for-like), planning approval is typically not required, but confirming this with the local government is advised. However, if there are changes to the size, materials (especially if in a character or heritage overlay area), location, or purpose of the building, review the local government’s planning scheme to determine if these changes require approval.
Many local governments have specific requirements for siting and boundary clearances, which may replace or complement the Queensland Development Code.
What to Do if Approved Plans Are Unavailable?
If approved plans cannot be found, evidence such as photographs, aerial photos, or sewer and drainage plans can help establish a like-for-like replacement. A building certifier or the local government can provide additional guidance before starting any work.
Demolishing a Building
What Approvals Are Needed for Demolishing a Home Due to Structural Damage?
If a home is structurally unsafe and located outside a character area, demolition is usually allowed without requiring a planning approval. However, building approval might still be needed for the demolition process.
Character areas are those identified by the local government as having special significance, either due to the building style or the surrounding environment.
In cases where the property is in a character area or is listed as a state or local heritage place, planning approval is likely required. Contact the local government for clarification.
Can the Local Government Force a Property Owner to Demolish a Home?
Local governments have the authority to compel owners to demolish dangerous or dilapidated buildings. In extreme cases, they may demolish a building themselves if the owner refuses to comply with an enforcement notice. Owners have the right to appeal such notices through the Building and Development Dispute Resolution Committees.
Contact Information: Building and Development Dispute Resolution Committees
Phone: +61 7 3237 0403
Fax: +61 7 3237 1248
Email: Registrar@dip.qld.gov.au