Building and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill modernises Queensland's building and construction laws across several areas. It strengthens homeowners' rights to install solar panels free from aesthetic restrictions by developers and body corporates, expands the use of treated greywater in large buildings, improves subcontractor payment protections, and gives the Queensland Building and Construction Commission stronger regulatory and enforcement powers.
Who it affects
Homeowners wanting to install solar panels gain clear protection from aesthetic-based bans. Construction subcontractors get stronger payment security through expanded trust account protections. People who lodge complaints with the QBCC can now receive investigation outcomes directly.
Solar panel protections for homeowners
Clarifies the 'ban the banners' laws to ensure developers and body corporates cannot prevent homeowners from installing solar panels or hot water systems on their roof based on aesthetics. Overrides a 2019 Court of Appeal decision and provides relief for homeowners affected since 2010.
- Developers and body corporates can no longer block solar panel installation on aesthetic grounds
- Restrictions on apartment common property roofs only allowed for structural integrity, space limitations, or noise concerns
- Homeowners blocked from solar since 1 January 2010 can now proceed with installation
- Court orders enforcing aesthetic-based solar bans cease to have effect
Greywater and sewage management
Allows treated greywater to be used for cooling towers and other prescribed purposes in large buildings. Introduces holding tanks as a practical alternative for managing sewage and greywater on construction sites, temporary premises, and unsewered properties.
- Treated greywater can now be used in cooling towers for air conditioning in large developments
- Property owners can discharge untreated sewage or greywater into holding tanks under local government permits
- Holding tanks provide a cost-effective solution for construction sites and properties without sewer connections
Head contractor licensing and subcontractor protections
Retains the existing exemption allowing unlicensed head contractors to procure commercial building work, but creates powers to require licensing for high-risk categories. Strengthens payment protections for subcontractors working under unlicensed head contractors.
- Licensing exemption for commercial head contractors retained, with power to require licensing for high-risk work by regulation
- Subcontractors protected by retention trust accounts even when head contractor is unlicensed
- Trust account auditing requirements clarified as 'reasonable assurance engagements'
- Auditors must report serious breaches to QBCC within 5 business days
QBCC regulatory and enforcement powers
Expands the QBCC's ability to immediately suspend licences, share complaint outcomes with complainants, prosecute combustible cladding offences, and exchange information with other Queensland statutory bodies.
- QBCC can immediately suspend a licence to protect any person from serious harm or financial loss
- Complainants can receive investigation outcomes from QBCC without lodging a Right to Information request
- QBCC gains power to prosecute combustible cladding checklist offences directly
- QBCC can share information with additional Queensland statutory bodies like QLeave
Appeals, review rights, and technical updates
Creates review rights for pool safety management plan decisions, expands appeal rights for enforcement notices and delayed decisions, and modernises the Architects Act and Professional Engineers Act.
- New review rights for decisions on pool safety management plans
- Expanded appeal rights for enforcement notices under the Plumbing and Drainage Act
- Boards of Architects and Professional Engineers required to publish registers and codes online
- Uncommenced alternative pathway for building certifier licensing repealed
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee29 Mar 2022View Hansard
Referred to Transport and Resources Committee
The Transport and Resources Committee examined the Building and Other Legislation Amendment Bill 2022 and tabled Report No. 18 on 13 May 2022. The committee recommended the bill be passed, with a second recommendation that the Minister clearly define the type of work prescribed under regulations for head contractor licensing exemptions and consider stakeholder-suggested timing for commencement. The Queensland Government accepted both recommendations.
Key findings (5)
- The bill's 'ban the banners' amendments clarify that homeowners may install solar hot water systems or solar panels on the roof of their home or garage without regard to aesthetics, overriding developer covenants and body corporate by-laws.
- A court decision had created uncertainty around the original 'ban the banners' provisions, making the amendments necessary to restore the original policy intent.
- The head contractor licensing exemption was retained, but the bill allows a regulation to prescribe circumstances where a head contractor must be licensed when procuring building work.
- Stakeholders raised concerns about the need for clear definitions in the regulation and appropriate timing for commencement of head contractor licensing requirements.
- Amendments to the Building Industry Fairness (Security of Payment) Act ensure subcontractors remain protected by project and retention trusts even when a head contractor licensing exemption is used.
Recommendations (2)
- The committee recommends the Building and Other Legislation Amendment Bill 2022 be passed.
- The committee recommends, in developing the regulation relating to the head contractor licensing exemptions, the Minister should clearly define the type of work prescribed under the regulation and consider the timing of commencement as suggested by stakeholders.
Committee report tabled
▸Second Reading24 May 2022View Hansard
▸17 members spoke15 support2 mixed
Focused on the 'ban the banners' provisions for solar panels, praising the government's commitment to renewable energy and criticising the Greens' opposition to housing and renewable energy developments.
“This legislation will make it absolutely clear that we are committed to the efficient use of solar systems.”— 2022-05-25View Hansard
As minister, introduced and commended the bill, highlighting the 'ban the banners' solar panel provisions, expanded greywater use, head contractor licensing exemption, and strengthened QBCC enforcement powers.
“The Building and Other Legislation Amendment Bill continues our vital efforts to ensure that the industry, Queensland consumers and home owners remain confident and supported.”— 2022-05-24View Hansard
Supported the bill but noted it was correcting a mess from Bligh-era legislation that failed to protect homeowners. Raised concerns about combustible cladding on private buildings remaining unresolved after five years and head contractor licensing exemptions being relegated to regulation.
“It is five years since the tragic Grenfell Tower fire in London. The combustible external cladding on the building ensured the fire spread swiftly. It has been five years—half a decade—since that fire, yet the government still has no real solution to address the presence of combustible cladding remaining on private buildings.”— 2022-05-25View Hansard
Stated the opposition would not oppose the bill but criticised the government for taking too long to fix the 'ban the banners' loophole, the combustible cladding enforcement failure, and the head contractor licensing reversal.
“At the very outset, I state that the opposition will not be opposing the bill. It is a fairly technical piece of legislation in lots of different ways and, for the most part, is uncontroversial.”— 2022-05-24View Hansard
Supported the bill as strengthening the building and construction industry. Discussed the security-of-payment reforms and head contractor licensing provisions.
“The Queensland government is committed to providing a safer, fairer and more sustainable building and construction industry.”— 2022-05-25View Hansard
Did not oppose the bill but criticised the government for multiple failures requiring correction, including the expired cladding regulation, the head contractor licensing reversal, and lack of transparency around the proposed regulation.
“This is another of those stuff-ups that we are fixing for the government. The government has been caught out.”— 2022-05-24View Hansard
Announced the KAP would not oppose the bill. Supported the solar panel, greywater, and information-sharing amendments, but expressed disappointment that farm shed fire safety requirements were not addressed.
“The KAP will not be opposing this bill. We think it makes some good amendments to current legislation in the building industry and tidies up a couple of things.”— 2022-05-25View Hansard
Strongly supported the bill's 'ban the banners' provisions, highlighting Queensland's world-leading solar panel uptake at one in three homes and the importance of removing aesthetic restrictions on panel placement.
“Not only are more home owners installing panels, the systems they are installing are also getting bigger. Most systems include around 20 panels—that is roughly the size of the unit I have at home—with a total capacity of around six kilowatts.”— 2022-05-24View Hansard
Praised the bill as implementing the Queensland Building Plan and paid tribute to the QBCC, the minister, and the building industry's contribution of 230,000 jobs.
“I want to take a moment—and we do not hear this often—to pay tribute to the people within the QBCC, the regulator in Queensland. They do crucial work.”— 2022-05-25View Hansard
Supported the bill's protections for homeowners installing solar panels and its focus on combustible cladding, noting the benefits of solar power for the grazing industry.
“Home owners must be encouraged to install solar panels to their homes to reduce power costs and generational usage.”— 2022-05-24View Hansard
Would not oppose the bill but criticised the government for taking five years to address combustible cladding and for ongoing issues with security of payment legislation.
“It has been five years. Here we are again debating issues of concern around public safety under legislation that the government introduced five years ago, and they still have not delivered and they still have not got it right.”— 2022-05-25View Hansard
Supported the bill, providing detailed analysis of the combustible cladding checklist process and praising recycling efforts. Acknowledged the committee's work and the importance of the solar panel provisions.
“This bill goes a long way to ensure we can continue to capitalise on Queensland's sunshine for residents, communities and businesses.”— 2022-05-25View Hansard
Supported the bill, focusing on the expanded use of greywater and the importance of water management for growing populations, citing Unitywater's work in his electorate.
“It surprises me that we still need amendments to Queensland legislation to look at using treated greywater in things like cooling towers and flushing toilets, but it is great that we are now getting around to doing that.”— 2022-05-25View Hansard
Supported the bill but focused on ongoing concerns about subcontractor payment protections, citing the collapse of Condev and Probuild as evidence that more needs to be done.
“I would like to think that this House could consider a statutory organisation that could hold some of this money—like the residential tenancy group that we dismantled yesterday.”— 2022-05-25View Hansard
Praised the bill's solar panel provisions, highlighting the Bundaberg region as Australia's solar panel capital. Discussed local renewable energy investments including a network-connected battery.
“At the beginning of last year, the 4670 postcode was not only No. 1 in Queensland; it was No. 1 in all of Australia. The Bundaberg region is the solar panel capital of not only Queensland but also Australia.”— 2022-05-25View Hansard
Made a brief contribution before debate was cut short by time expiry.
“Thank goodness the member's time has expired because that was an awe-inspiring contribution.”— 2022-05-25View Hansard
As the responsible minister, delivered the reply addressing combustible cladding progress, head contractor licensing consultation, and apartment solar panel issues. Confirmed Queensland is a global leader on cladding response.
“What is clear is that Queensland is once again leading the nation with our response to combustible cladding.”— 2022-05-25View Hansard
▸In Detail25 May 2022View Hansard
Government amendment to clause 21 clarifying that the QBCC's power to prosecute combustible cladding checklist offences does not restrict local governments from also prosecuting such offences.
Assent date: 10 June 2022