Jun

26

Certificate of Classification Requirement Building Act 1975 (QLD)

Posted by

On 23 April 2009 Section 108A of the Building Act 1975 came into effect requiring owners of ‘relevant’ buildings with a Certificate of Classification to conspicuously display the certificate as near as practicable to the building’s main entrance. The penalty for failing to comply with the section is $16,500.

 

A ‘relevant’ building

Section 108A of the act applies solely to a building:

  • that has been issued a certificate of classification on or after 1 July 1997;
  • which is either partly or wholly occupied; and
  • which is not a single dwelling (a detached house) or a non-habitable building (carports, garages etc).

 

Definition of ‘Owner’

An owner is generally defined under Schedule 2 of the act as:

  • for a single lot in the building or structure- the registered proprietor; or
  • for two or more lots in the building or structure- the body corporate; otherwise
  • the person entitled to receive the rent for the building (or would be so if the building was rent).

 

Displaying the Certificate

The Queensland State Government has issued a guideline advising of appropriate positions for the Certificate to be displayed. These include

  • the main entrance of the building;
  • the Fire Indicator Panel; or
  • the Emergency Services entrance to the building.

The new provision was introduced “to support enforcement powers regarding maintenance of fire safety measures specified in building approvals”. Penalties also apply to a contravention of any restrictions or requirements postulated by the certificate unless the owner has a reasonable excuse for the non-compliance.

The commercial team at Ferguson Cannon is happy to advise you on the legal requirements of the Building Act 1975 and ensure your compliance with the latest amendments to the act. Please contact Byron Cannon today @  Ferguson Cannon on (07) 5443 6600.

Tags: , , , , , ,

Category: Business & Corporate Services, Construction Law, Contract Law, Conveyancing, Fact Finders, General, Property Development

Comments are closed.