As of 1 May 2024, changes have been made to the National Construction Code (NCC) 2022 to improve residential energy efficiency standards in new homes. The Modern Homes residential energy efficiency standards will be implemented through amendment of the existing Queensland Development Code 4.1 – Sustainable Buildings (QDC 4.1).

Residential energy efficiency requirements

New houses and units need to have:

• 7-star rating (out of 10) for the building shell (roof, walls, windows, and floors). Energy efficiency features may include good orientation, better insulation, ceiling fans and window design and a lighter coloured roof 
• whole-of-home energy use allowance that covers the energy use of the home’s major appliances and any on-site renewable energy such as a solar photovoltaic (PV) system. 

While Queensland will align with the NCC 2022 energy efficiency requirements, the optional one-star credit towards the building shell for inclusion of an outdoor living area will remain to ensure Queenslanders can take advantage of our outdoor living lifestyle and climate. 

To align Queensland with the NCC residential energy efficiency requirements, QDC 4.1 will be updated to: 

• remove Queensland’s optional installation of a solar PV energy system 
• remove the ability to use a 2009 version glazing calculator, in favour of the current calculator 
• require compliance with the NCC 2022 7-star rating requirements in new houses and units. 

QDC 4.1 will retain the optional one-star credit for outdoor living areas for new houses and expand it state-wide for new apartment buildings. This optional credit recognises Queensland’s unique outdoor housing design and lifestyle. 

The amended QDC 4.1 will commence on 1 May 2024 

Further information and support

• Housing Energy Efficiency Calculator
• Australian Building Codes Board Resource library
• ABCB FAQ Energy Efficiency changes
• Department of Housing, Local Government, Planning and Public Works
• Modern Homes
• NatHERS

From 1 October 2023, phase 1 of the Modern Homes accessibility standards commences. 

National Construction Code 2022 (NCC) provisions – Livable Housing Design Standard provides for: 

• a step-free path to the entrance
• at least one step-free entry into the home
• slightly wider internal doorways and corridors
• an accessible toilet
• a step-free (hobless) shower
• provision for future inclusion of grabrails in an accessible bathroom and toilet.

The Queensland Government has released the Queensland Development Code – Mandatory Part 4.5 – Livable dwellings and grading to floor wastes (QDC MP4.5) for application to class 1 buildings and sole-occupancy units in class 2 buildings. The QDC MP4.5 facilitates the adoption of the livable housing design and grading to floor waste provision in the NCC by providing additional acceptable solutions and appropriate transitional arrangements.

QDC MP4.5 new accessibility variations provide for: 

• Time limited exemption of 18 months to 31 March 2025 from the accessibility standards for: 
  • New houses on narrow lots with a frontage of 12.5metres wide or less, created prior to 1 October 2023 or created after that date and on or before 31 March 2025 in limited circumstances.
  • Small pre-built houses 55 m² or less in floor area wholly or predominately manufactured off-site completed prior to 1 October 2023 and constructed on or prior to 31 March 2025.
  • Exemptions form the accessibility standards for a compliant toilet on the ground or entry level of a house in limited circumstances and for repairs and maintenance generally.
• Exemptions for renovations of toilets and bathrooms in existing homes including from the requirements to provide: 
  • wider doorways unless the renovation involves demolition of the existing doorway
  • a larger toilet area unless the renovation increases the size of the toilet area
  • reinforcement for grabrails unless the wall framing is exposed.
• Additional solutions that do not require the grading of a floor where a floor waste is voluntarily included in a bathroom, and for showers and sanitary compartments (if there is no habitable room on the ground or entry level) to achieve compliance with the accessibility standards. 

Transitional arrangements and new building guideline

Section 37 of the Building Act 1975 provides transitional arrangements when building assessment provisions change, such as the introduction of the Modern Homes standards.

Section 37 allows a development approval to be given under the provisions that were in place prior to the new building assessment provision applying when:

• the approved building work starts before the commencement date of the new building assessment provision
• the building development approval was given before the commencement date of the new building assessment provision, but the building work has not yet started
• a building development application is made before the commencement date of the new building assessment provision, but the application has not yet been decided
• planning for carrying out the building work started before the commencement date of the new building assessment provision and the building certifier can certify the following in writing:
  • that substantial progress was made on the design of the building, or the design was completed before the commencement date e.g. this might be evidenced by a signed building contract referring to the design or plans
  • the design would need to be changed to comply with the amended provision
  • the changes needed are not minor changes. 

Additional information for building certifiers 

The Department of Energy & Public Works (the Department) has prepared a guideline to assist building certifiers to apply transitional provisions – Guideline for applying transitional arrangements when building requirements change (epw.qld.gov.au) (August 2023).

The Department have developed a non-mandatory Form 77 Variation to building assessment provisions to assist building certifiers document decisions about the transitional provisions.  

Update to standard

The Australian Building Codes Board (ABCB) has issued a correction to the Livable Housing Design Standard (the standard).

This change clarifies that the total ramp lengths and the corresponding gradients nominated in Clause 1.1(4)(a) of the standard are the parameters applicable to the concession in NCC Volume Two H8D2(2). For example, a step-free pathway need not be provided should that pathway necessitate more than 15 m of ramps (not including landings) at 1:20 gradient (see Clause 1.1(4)(a)(ii)).

For more information on the standard, including application of the concession, refer to the ABCB Livable Housing Design Handbook.

The National Construction Code (NCC) is produced by the Australian Building Code Board (ABCB). As a performance-based code, it sets the minimum required level for the safety, health, amenity, accessibility and sustainability of certain buildings. 

What you need to know

NCC 2022 commenced on 1 May 2023 with additional release of the Modern Homes standards commencing in two phases:  

• Phase 1 of the Modern Homes accessibility standards commenced on 1 October 2023.  
• Phase 2 Modern Homes energy efficiency standards commenced on 1 May 2024.

QBCC contractor licensees, building certifiers, designers and homeowners should make themselves aware of the new provisions and what is required for new or renovated homes from 1 October 2023.

For Queenslanders, the Queensland Development Code (QDC) also provides guidance on matters outside the scope of the NCC, or in addition to it. Note that the QDC’s state-based variations prevail over the NCC in Queensland.

Looking for more?

A team of highly skilled professionals from the QBCC Plumbing Investigations Unit were deployed to various building sites to ensure plumbing and drainage work is only carried out by appropriately licensed individuals.

QBCC Commissioner, Anissa Levy, says the QBCC is dedicated to ensuring plumbing and drainage work in Queensland is only carried out by licensed professionals, guaranteeing public health and the safety and quality of construction projects.

“As well as attending building sites, our Plumbing Investigations Unit has been providing licensees with important information to raise awareness of topical issues and increase collaboration," Ms Levy says.

"This campaign is not just about compliance; it also provides an opportunity for our team to engage with industry professionals, sharing important information on notifiable work, insurance requirements, and contractual obligations.

“By building strong relationships with the industry, we can collectively work towards fostering a culture of professionalism and compliance."

Recognising the important role of apprentices in the plumbing industry, the team also visited registered training organisations.

"Engaging with apprentices allows us to educate and empower the next generation of plumbing professionals. By instilling a strong understanding of licensing requirements and industry standards, we can lay the foundation for a highly skilled and compliant workforce.”

The QBCC Plumbing Investigations Unit also collaborated with local government bodies as part of their engagement activities.

"We are committed to working hand-in-hand with local governments to increase notifiable work inspections and promote compliance.

By joining forces, we can amplify our impact and ensure safer construction practices," says Commissioner Levy.

Using licensed plumbers and drainers is the best way to ensure your plumbing project complies with regulations and minimises unnecessary risk to your family's health and safety.

Check that your plumber is licensed by searching online or contacting the QBCC on 139 333.

Campaign Highlights:

• 75 licence checks/inspections conducted at 25 building sites (commercial and domestic).
• Two individuals suspected of performing plumbing work without an appropriate licence have been referred for further investigation.
• Visits to regional areas, including Cardwell, Etty Bay, Brandon, Ayr, Bowen, Strathdickie, Sugar Loaf, Cannon Valley, and Gumlu. Engaged with real estate agencies in Collinsville and Bowen to provide information on the use of licensed plumbers and notifiable work.
• Visited TAFE Qld in Cairns and addressed plumbing and drainage apprentices (second-year students) to provide general information about the QBCC, notifiable work, and licensing.
• Attended the MPAQ Trade Expo in Cairns and engaged with local government plumbing inspectors, including those from Cairns, Mareeba, and Cassowary Coast.
• Conducted two fire audits, one in Townsville and the other in Mackay. All individuals identified through service records/logbook held the appropriate licenses for fire protection work.

The Queensland Building and Construction Commission (QBCC) has given the companies a deadline of 6 March 2023 to lodge their reports or face the prospect of licence suspension.

QBCC Commissioner Anissa Levy says the licensees are in financial categories 1-7, with category 1 having a maximum revenue amount of $800,001 right up to category 7 with a maximum revenue amount of over $240m.

“The licensees were contacted by the QBCC several times but failed to submit the required information to us by the annual deadline of 31 December 2022,” Ms Levy says.

“While the majority of these licensees have already submitted their reports, there are at least 538 who have not.”

The conditions imposed on these licensees prevent them from entering into any new contracts for building work until they have provided the required financial information to the QBCC.

“We take this action because companies could under-report their annual turnover and escape the scrutiny that comes with us properly assessing their financial viability.

“Licensees who do not submit their reports to the QBCC face potential regulatory action, such as no-new-work conditions, licence suspensions, and licence cancellations.

“The minimum financial requirements and mandatory reporting laws enable us to more easily detect when a licensed company might be in trouble financially,” Ms Levy says.

The conditions imposed on these licensees represent 4.8% of licensed companies in Category 1-7 that were due to report their financials by 31 December 2022.

The Brisbane building company was found guilty of three offences under the Queensland Building and Construction Commission Act. 

The court imposed significant penalties including a recorded conviction for unlicensed building work, a fine of $8,000 and the defendant was made to pay costs of $2,100.

The QBCC brought the charges against the company after it failed to complete fencing and retaining wall work in July 2020, despite the homeowner paying a $2,800 deposit.

QBCC Commissioner Anissa Levy says the building regulator has a zero tolerance for unlicensed activity. 

“Performing unlicensed work is a serious offence, and there are significant penalties for anyone caught doing it without an appropriate licence,” says Ms Levy. 

“This outcome shows homeowners that the QBCC is here to protect and safeguard them from unlicensed operators.

“At the same time, we are also maintaining a level playing field for our qualified, experienced licensees, who pay their fees and take out the appropriate insurance for work, by taking action against unlicensed operators working in their space.”

Commissioner Levy says the case serves as a reminder to homeowners of the importance of using a QBCC-licensed contractor when building or renovating.

The QBCC has also been busy in court enforcing combustible cladding legislation to help increase the safety of Queenslanders.

Between May 2022 and January 2023, 18 building owners, body corporates and individuals pleaded guilty in Brisbane Magistrates Court in separate prosecutions brought by the QBCC.

The fines imposed ranged between $2,000 and $8,000 for companies, $2,000 to $5,500 for body corporates and $1,500 for individuals.

Visit Choosing a contractor on the QBCC website.

Background information on the Brisbane building company found guilty of three offences under the QBCC Act.

The unlicensed company was found guilty of three offences under the Queensland Building and Construction Commission Act 1991:

1. One offence against section 42 (unlicensed building work)
2. One offence against section 30 Schedule 1B (starting work before complying with requirements of a regulated contract
3. One offence against section 33 Schedule 1B (deposit more than 10 per cent).

The QBCC is proud to support this important safety initiative and promote public understanding about laws in Queensland designed to safeguard against the dangers of asbestos and other unsafe building materials in places where we live, work and play.

Did you know asbestos is a non-conforming building product?

Non-conforming building products (NCBPs) are products that do not meet the required standards for the use in which they are intended. A building product is considered a NCBP if it is any of the following:

• the product is not, or will not be, safe
• not compliant with the relevant regulatory requirements (e.g. the National Construction Code or the Australian Standards)
• it doesn't perform to the standard it is represented to perform to.

Under Queensland’s non-conforming building products law, every member of the construction industry supply chain (also known as the chain of responsibility), including manufacturers, suppliers and installers, must ensure the product they manufacture, supply or install is compliant and safe. Failure to do so risks significant penalties.

If a product is suspected of containing asbestos those in the chain of responsibility should satisfy themselves that the product is asbestos free and, where required, the product has been tested. For asbestos, the relevant testing standard is  AS 4964- Method for the qualitative identification of asbestos in bulk samples. 

Reporting NCBP to the QBCC

If a person in the chain of responsibility does become aware, or reasonably suspects, that a building product is a NCBP, they must give the QBCC notice in an approved form, within 2 days, or earlier if possible.

Penalties also apply for failing to notify the QBCC of a NCBP when required.

To learn more about safe building product decisions go to Your responsibilities with NCBP.
 

The Queensland Building and Construction Commission (QBCC) is undertaking the technical and assessment audits to ensure compliance across the industry.

QBCC Commissioner Anissa Levy says officers are currently undertaking audits in a number of Queensland regions to check the work of certifiers.

“Certifiers have an incredibly important role in the building and construction industry, and attention-to-detail to compliance is imperative,” Ms Levy says.

“We know the vast majority of certifiers do the right thing and Queenslanders can feel confident that their homes are being built by people with the appropriate skills and qualifications.

“Licensed building certifiers assess building applications, decide whether to issue building approvals and inspect and certify building works.

“The certifier ensures the building works comply with the building assessment provisions, the Building Act and the approval.”

Commissioner Levy says an important part of the role of the QBCC is to carry out audits like this in a bid to uncover potential substandard behaviour within the building and construction industry.

“Certifiers inspect building projects during construction and after the building process to ensure that they have been built in accordance with Queensland legislation.

“QBCC officers are focusing on issues such as certifiers granting a building development approval before all necessary permits and documents are in place.”

The QBCC received 222 complaints about certifiers in the 2021-2022 financial year and finalised 217 complaints.

Audits will be undertaken in regional Queensland throughout October and November in Beaudesert, Toowoomba, Sunshine Coast, Rockhampton and Townsville.

The total number of QBCC-licensed private certifiers as at 30 September 2022 was 425.

Anyone with concerns about a QBCC licensee should contact the QBCC on 139 333.

Queensland Building and Construction Commission (QBCC) officers undertook inspections of 1,375 active building projects during 2021-2022, to identify potential issues as quickly as possible.

During the inspections, officers identified 161 defects, of which 126 were remedied promptly through education, advice or information, while 35 required further rectification action from the builders and contractors responsible for the work.

QBCC Commissioner, Anissa Levy, says the 35 defects represent only 2.5 per cent of the 1,375 inspections of active work, which indicates that the majority of work being done and materials being used comply with all appropriate standards.

“These inspections help to ensure that work is done safely and to standard and allow us towork with builders and contractors in an educative and informative manner as soon as a potential problem is detected,” Ms Levy says.

“Early detection of issues helps to prevent additional costs and delays with a building project, and can help avoid future QBCC action for non-compliant or defective work.”

QBCC officers have continued to monitor the 35 defective work issues, and have returned to sites when necessary to ensure the required rectification work has occurred.

The QBCC inspections helped identify a number of matters requiring rectification by builders and contractors, including:

• passive fire-installation (such as ensuring the correct installation of fire-separating walls)
• inadequate disability access, particularly at lobby doorways and/or ramps
• non-compliance with the timber framing code
• non-compliant waterproofing to external door openings.

The inspections also resulted in a number of potentially non-conforming building products (NCBP) being referred to the QBCC’s NCBP team for further investigation, including:

• vertical bars on a pool fencing product
• issues with a magnesium-oxide board (used in fire safety-related construction).

Further investigations of these products by the QBCC revealed either no evidence or insufficient evidence to determine the products to be non-conforming for their intended use.

“These proactive inspections are a valuable tool for providing peace of mind to the people performing the work and those who will eventually utilise or live in these constructions,” Ms Levy says.

Officers from the Queensland Building and Construction Commission (QBCC) have visited properties in Brisbane, Logan, the Lockyer Valley and Gympie that were damaged in February’s freak storms and flooding.

The QBCC officers interviewed 89 people at 25 building sites on nine days during August and September but found no unlicensed contractors or other building-related concerns.

QBCC Commissioner, Anissa Levy, says the result was a positive outcome but she reminds any home owners dealing with flood damage to only ever use licensed contractors.

“This has been a positive outcome, in that local families who have had the stress of dealing with damage to their homes are not being subjected to shoddy or illegal repair work by unlicensed contractors,” Ms Levy says.

“Our officers are reporting back to us that the message about only using licensed contractors appears to be getting through and locals can feel confident that their homes are being repaired by licensees with the appropriate skills and qualifications.”

Ms Levy says QBCC boots on the ground in areas affected by natural disasters helps to deter unlicensed ‘storm chasers’ seeking to cash in on unsuspecting and vulnerable home owners.

Unlicensed contractors can be fined up to $2,875 and repeat offenders can face prosecution in court, where magistrates have the ability to fine them up to $35,937.

For unlicensed companies the maximum fine is $179,687.

During the compliance operations, QBCC officers have also been providing information to contractors and home owners on what they need to be aware of when repairing waterdamaged properties.

Despite the positive outcome with these audits, the QBCC urges anyone seeking to have building work done to only ever use licensed contractors by using the Find a Local Contractor search function on the QBCC website.