It is a vertical view through the building. The direction of section lines or arrows is usually shown on the plan to help interpret the sectional view.

Sections may be required to indicate:
• overall height of the building
• position of piers, beams, openings etc.
• floor to ceiling heights
• distance between finished floor and existing ground levels or proposed ground levels
• construction details
• scales same as plan

In most cases elevation and plan views cannot show sufficient information to enable a builder or tradesman to see exactly how the various structural parts of the house are to be built or assembled. The section is a view of the house after it has been cut vertically at some point. Like the floor plan it shows the size and thickness of structural members and relationships between spaces. For example, it shows the height from the ground to the floor, the height between the floor and the ceiling, and how the roof is to be constructed.

In some cases, where mouldings or certain features are designed onto the ceiling, a ‘reflected ceiling plan’ (RCP) may also be provided. This is a view of how the ceiling would look from below, but ‘reflected’ so that it can be overlaid on the floor plan to indicate where things will go.

Most councils require an elevation from each side of the proposed development and the view is indicated by north, south, east, or west - e.g. If the wall is on the west side of the house, it is the west elevation.

An elevation allows us to:
• See how the proposed development will appear when completed from each angle (North, South, East and West)
• View the finishes
• Calculate the size of windows, doors, and walls

Key Features
Generally, an elevation should show:
• All proposed and relevant existing buildings
• Dimensions, elevations, and sections of each floor level of any relevant or proposed structures
• Wall, post and building heights
• Sizes and locations of footings and other structural components
• Structural details such as framing, connections, tie downs etc.
• If the proposed development is an extension, an elevation should show how the proposed development relates to the existing structure.

Elevations are usually drawn at a scale not less than 1:100

Elevations indicate:
• Finish to external walls
• Size of windows, doors, and balconies

A shadow diagram is effectively an outline of the site and surrounding properties that shows the shadows that the house you’re building will cast at different times of the year – in particular, at times like the midwinter solstice, when the shadow it casts is likely to be at its longest.

Shadow diagrams are often required by the local council for planning purposes, to demonstrate that the structure you want to build won’t block sunlight to surrounding properties. This is particularly important in areas with smaller blocks, where houses are being built near boundaries or where you’re building a multi-storey home.

As more people install solar panels and the importance of access to sunlight becomes more widely valued as a means of saving energy, taking shadows into account becomes more significant. Shadow diagrams are also a good way to understand how your own private outdoor spaces will be shaded.

Section diagrams (or wall sections, or simply ‘sections’) are one of the more important tools used by the contractor to build your house. A section is literally that – a cross section diagram of a given part of the house, showing exactly what goes where.

A section diagram will show in great detail what the foundations, walls, floor systems and roof are made of, and how they’re made. This includes details on things like:
• Specific Construction Materials
• Sheathing
• Insulation Requirements
• Heights
• Framing Sizes and Depths
• Vents
• The Shape and Construction of the Eaves
• The Pitch of the Roof etc.

A wall section is likely to be accompanied by a lot of supplementary notes explaining in detail the many different things it’s designed to show, and will use the same shading, symbols, and abbreviations that you’d see in the other plans.

A framing plan is a plan that’s designed to show the locations, materials (e.g. steel, timber), sizes, spacings and numbers of the structural elements that will be used to build your house. Ensuring that the frame’s built the way it’s intended is very important from an engineering perspective, and it’s likely that separate framing plans will be drawn for floors, roof areas and the walls.

As well as showing how things like footings, girders, rafters, bracings, joists, and struts are arranged, framing plans will also feature supplementary detail drawings where they’re required, to show how the different elements are to be anchored, joined, and fastened.

Framing plans are normally very specific about what’s required, for good reason. Different window manufacturers produce windows in different sizes, for example, so specifying exactly what's required at this stage helps to ensure that the appropriate sizes are understood and that rough openings are the right fit.

As well as site and floor plans, there are several other types of diagrams you're likely to see to support the design of a new house. These all help to ensure that the house is built correctly, and to communicate the architect or building designer's ideas, intentions, and detail. Among others, these plans include elevations, framing plans, wall sections and shadow diagrams.

What are elevations?
Elevations are diagrams that depict – to scale and in detail – how a particular side of the building will look. For example, an elevation might be a detailed drawing of the front of the house, showing how it’d look from the street, complete with windows, cladding, doors, shrubbery and so forth. Elevation diagrams may also use some colour and texture to give a clearer picture of how the house is supposed to look.

Elevations are also used to provide a detailed view of certain facets of an interior too (for example, a cut-out of a kitchen) – particularly to demonstrate how fixtures, doors, cabinets, and the like will be laid out.

These types of diagrams are drawn by marking out parallel and perpendicular lines from key feature points on a given side of a floor plan that are likely to be visible from the side of the building that’s being drawn (e.g. corners, outside stairs, doors, windows, chimneys etc), and then diagramming in a flat side view using these lines.

The orientation of the walls and windows affects the amount of heat entering and leaving a home. The general rule is to orient the house, so the main wall and window areas face north, also minimise windows to the west and, to a lesser extent, to the east.

In Australia the sun travels in the northern sky in winter. By placing living areas and windows to the north it allows rooms to be heated during the day thereby reducing the need for artificial heating at night.

Floor plans are designed to show the house from a particular angle, and to a specific scale and level of detail. While they’re very useful, other diagrams are obviously necessary to provide more detail about how certain part of the house need to be laid out or constructed.
Cross reference symbols are used to show which parts of the floor plan correspond to other drawings. The top number on these references refers to the drawing, detail or sequence number in question, and the bottom number tells which sheet number for that drawing.

Floor plans should feature a north point to show how the house is oriented – the direction it faces makes a big difference to heating, cooling and lighting the house. This could be drawn in any one of a number of ways, but it should be pretty obvious when you see it.

Where possible, other plans (e.g. site plans, drainage plans etc.) should also be oriented in the same way to help prevent any kind of unnecessary confusion.

Scales indicate relative sizes and distances.
Floor plans normally feature a written ratio (e.g. Scale 1:100) to demonstrate scale, as well as a block or granulated scale, which helps give a visual indication of sizes and distances. Measurements are almost always provided in millimetres – the exception being that metres are sometimes used to give a general idea of room sizes.

For the most part, a floor plan is pretty easily understood at first glance, but you’ll notice that there’s quite a bit of cryptic detail in it and that a great deal of care and attention’s gone into making sure everything’s done just right.

The types and thicknesses of the lines, the directions of the arrows, little abbreviations, symbols, and markings all hold vital significance, and are included to ensure that the builder understands exactly what’s required, and where.

In theory, the floor plan should be drawn to comply with what’s laid out in the Australian Standard AS1100 (Part 301: Architectural Drawing) however there are likely to be slight differences in the way some things are depicted on floor plans, depending on what software’s used to draw the plans.

A floor plan should also contain what’s called a ‘title block’. This normally sits in the bottom right hand corner of the plan (or sometimes at the top right corner), and contains administrative details including:
• The name and contact details of your Designer, Architect, or Builder
• The title or name of the drawing
• The drawing (or revision) number
• Signatures, initials, dates etc.

The title block may also show the total floor area in square metres (m2), and possibly the areas of different parts of the house. This is useful because most builders quote for work by the square metre. Builders normally only look at the total floor area, and often won’t differentiate in their quotes for things like verandas and patios, which are generally cheaper to construct than other parts of the house.

There’s quite a lot of detail on a floor plan, and while most people will be able to make basic sense of it all at a glance, there’s still plenty to decipher in if you’re not familiar with how things are shown.

Below is a quick explanation of the more important features on a floor plan and how they’re represented:
• Walls – the walls are arguably the most important part of the floorplan because they effectively determine the size and shape of the house, and how rooms are laid out. The exterior profile of the house is normally outlined with a thick, dark line. Exterior walls are represented on the floor plan as thicker than interior walls – often to the scale of the actual intended width.
• Doors – The doors in the house are represented on a floor plan indicating not only where they’re installed, but also in which direction they’ll move and on what side the handles will be (i.e. the ‘handing’ of the door). Sliding doors are often represented either by depicting the individual panels, or simply using a narrow line, sometimes with an arrow at one end.
• Floors – Floors on a floor plan are often textured with shading or light coloured lines to indicate the use of different floor surfaces or coverings.
• Stairs – To keep things clear, stairs feature an arrow to show which way’s up. It’s important that the details for stairs are correct on floor plans, and they’re likely to feature callouts showing specific sizes, how many risers will be used for the stair and the exact clearances that are required. Stair details are also likely to include specifics about handrails and balustrades, which are a very important safety feature in Australia.
• Windows – The windows on floor plans are illustrated using unfilled blocks in areas along walls. If the windows open outwards, the arc they travel in may also be drawn in as it is for doors. Because there are so many different options for windows, these often feature a ‘callout’ on the diagram showing detailed specifics about what they’re intended to be.
• Fittings and Fixtures – Standard fittings and fixtures are normally diagrammed into floor plans. This includes things like kitchen cabinetry, bathtubs, toilets, showerheads, ovens, sinks (with drain boards) hot water units, dishwashers, bidets, and the like. There are ‘standard’ symbols for most of these elements, and where possible they should be drawn to scale. Where dotted lines are used to depict things like kitchen cabinets, it means these items are mounted overhead.

Furnishings like bedding, televisions, sofas, and dining tables are also included on many floor plans to provide a bit of context and scale. Different materials are normally specified using different shading conventions and abbreviations, although these aren’t always specified on earlier drawings.

• Floor level - e.g. ground, garage, first floor etc.
• Room names and their internal sizes.
• Width of openings and thickness/type of walls, - e.g. brick, timber.
• Overall dimensions of the building, cupboards, halls, and spaces.
• Position of fixtures - e.g. for wet areas such as bathrooms, kitchen and laundries, the position the bath, shower, toilet, cupboards, basins should be indicated.
• Type of floor covering may also be shown.

In a nutshell, the floor plan is two-dimensional plan of how the house will look from the top down. Floor plans are a kind of cross-section, showing the layout of the house from a perspective roughly three or four feet (about a metre) above the floor.

If the house has more than one storey, your floor plan will feature clearly labelled diagrams showing each separate storey.

The basic idea behind a Site Plan is to show:
• The shape of the site
• The size of the site - shown using a scale
• The orientation (i.e. Which way is north)
• The geographical location of the site
• The precise positions of things like trees or rocks
• Any variations in height (shown as contour lines)
• The area that’s going to be covered by the house and any other structures you’re planning on putting up
• Any easements, rights of carriage, driveways, existing stormwater drainage etc.
• The exact location and footprint of any existing structures
• Any relevant features of the area surrounding your building site - particularly things which might affect access to the site or construction

What is a 'Title Block'?
A site plan should also contain what’s called a ‘title block’. This bit of information appears on most types of plans, and normally sits in the bottom right hand corner of the page (or sometimes at the top right corner). The purpose of the title block is to show administrative details, including:
• the name and contact details of your designer, architect, or builder
• the title or name of the drawing
• the drawing (or revision) number
• signatures, initials, dates etc.

What do the Small Symbols and Figures mean?
While much of what’s on a site plan is pretty self-explanatory and the important parts are usually clearly labelled, there’s an awful lot of fine detail provided that can easily slip past the untrained eye.
Everything down to the types and thicknesses of the lines, the directions of arrows, small abbreviations and the symbols and markings holds some significance and will communicate specific information about the site.

Orientation & Scale
All plans should feature a north point to show the orientation of the diagram – and where possible, it’s preferable for all of the diagrams being used (e.g. site plans, floor plans, drainage plans etc.) to be oriented in the same way to prevent any unnecessary confusion.

Scale is normally represented on plans using a written ratio (e.g. Scale 1:100), as well as a block or granulated scale, which gives a graphical representation of sizes and distances as they’re shown.

Callouts & Cross References
The level of detail shown on a site plan will depend on what can reasonably be drawn in the scale of the drawing. Where extra detail is required – or a reference to show an aspect of the plan from another perspective is provided - it’s normally included using a cross-reference to a separate diagram.

There are quite a few different types of references that can be used, each of which indicates a different type of detail or drawing. The top number typically identifies the drawing / detail / sequence number of the diagram, and the bottom number indicates the sheet number on which it appears.

Floor Plans
A floor plan allows us to view the room layout and sizing. A floor plan is usually drawn at a scale of 1:100.

• A datum is a reference point of known or assumed height to which all other site levels will refer.
• Plan page number, client's name, project address, scales used, name and reference numbers of draftsperson and the date the plans were drawn.
• Features that must be preserved e.g. trees, rocks, existing structures.
• Contours may also be imposed on a plan or may be noted separately. These show the fall in the land, are usually related to the datum, and usually spaced at 500mm horizontal intervals for a single building development, while still showing the north point.
• The term 'Reduced level' e.g. (RL 100.000) may also be seen. This may indicate finished floor, ceiling, eave, and roof apex in relation to the datum.
• Distance from the boundaries to the building's outer walls or 'footprint' -mostly of interest for council and neighbours. Most councils have a code or specifications for the distances between the building and the side, front, and rear boundaries. The distance from the front boundary to the building is referred to as the front building line.
• Driveways, stormwater drainage, paths, easements and right of carriage (right of use) may also be shown.

A site plan is a document that precisely maps out the area of the building site to scale. Generally speaking there are two site plans provided:

• Existing site plan – the ‘before’ shot. This site plan shows the site in its current state.
• Proposed site plan – the ‘after’ shot. The proposed site plan shows what’s going to change, and how the site will look once construction is finished.

• Location plan
• Site or Block Plan
• Floor Plans
• Elevations
• Sections
• Detailed Drawings
• Specifications
• A Title Block
• Waste Management Plans
• Site Management Plans
• Landscape Plans
• Shadow Diagrams
• Bracing Schedules

Plans & Permits Checklist
 * Do your building plans, then check if you need planning and building permits before work starts
 * As the homeowner, it is your responsibility to ensure permits are obtained
 * Choose your own independent building surveyor
 * Use registered architects, designers and draftspeople
 * Make sure your building contract clearly states who is responsible for doing your building plans and who will obtain permits

First – Do Your Plans
We recommend you get your building plans prepared by a registered architect, designer, or draftsperson.

They MUST take into Account
- Foundation data and the results of any soil tests
- Local council laws and regulations
- Mandatory energy rating requirements
- Results from a site survey by a licensed land surveyor, if there are any concerns about the boundaries of the property

If your plans do not take these things into account, you risk paying for plans you cannot use.
Before you sign the building contract, make sure your building plans and specifications detail all the features, fixtures, fittings and finishes you want.

Make sure your building contract clearly states who is responsible for doing your building plans and who will obtain your permits (for example, your builder, architect, or you).

Check If You Need A Planning & Building Permit

As the homeowner, it is your responsibility to make sure planning and building permits are obtained, whether you get them yourself or get someone else (such as your builder) to do it for you.

It is also your responsibility to make sure that the Certificate of Final Inspection or Occupancy Permit is obtained when work is complete (this is the final step in the permit process).

Your local council issues planning permits and can advise whether your building project needs one. If you need a planning permit, you must get one before you can get a building permit.

Check if there are any additional council requirements for your area, for example, termite or fire protection requirements, or a development levy.

A registered building surveyor can advise whether you need a building permit
(a written approval from a registered building surveyor that shows your plans comply with building regulations).

You must not start work without a building permit.

The building surveyor will assess your application (for a fee) and either:
 * Request changes to ensure the plans and specifications comply with building regulations
 * Grant the building permit, allowing building work to start

Ensure only one building surveyor is appointed, either by you or the builder.
- You or your architect, designer or draftsperson can apply to the local council for the planning permit
- You can obtain a building permit from a registered private or council building surveyor, or
- Your builder can get the planning and building permits on your behalf

If Your Builder Gets Your Building Permit

When your builder acts on your behalf to get a building permit, you:
 - Must provide them with written authority either in your building contract or in a separately signed document
 - Should read the permit application carefully and only sign if you understand and agree with the contents
 - Should receive a copy of the building permit when it is issued

If your builder gets your building permit, you may not be involved in choosing the building surveyor or know what details are on the application documents.

You can ask your builder for information about the building surveyor they plan to use, and for a copy of the permit and the permit application.

Caution for Owner Builders

Do not sign the building permit application as an owner builder unless you:
* Intend to take full responsibility for the project
* Have an owner builder’s Certificate of Consent from the Building Practitioners Board at the Victorian Building Authority/Queensland Building and Construction Commission (QBCC)

Working with Architects, Designers, and Draftspeople

Architects, designers and drafts people can:
- Design and draft building plans
- Obtain engineering and foundation data (with your written authority)
- Obtain planning and building permits (with your written authority)

Drawings and Specifications for Building Works can be Prepared by
 * Architects registered with the Architects Registration Board, who have professional indemnity insurance
 * Designers and draftspeople registered with the Building Practitioners Board
 * Owner Builders

The architect, designer, or draftsperson:
- Should provide a written contract that specifies what you will get for your money
- May charge a lump sum or an hourly rate as agreed in the contract
- May have copyright on any drawings, plans and documentation prepared under your contract.

Make sure you understand who has copyright, and when and how you can use the plans.

Working with Building Surveyors
We suggest you choose your own building surveyor, so you can be confident of their independence.

The building surveyor who issues your building permit is responsible for:
- Conducting inspections of the site, and of building works at specific stages of completion
- Checking that work meets the minimum standards of building regulations

You can engage an independent building consultant to check that the work meets the standards agreed in your contract (over and above the minimum standards of the building regulations).

Location Plan
A location plan may be required if it is a big development so that the relative location of the site in a particular street is clear. It will show lot numbers, deposit plan numbers and a north point, using various scales but usually 1:5,000.

Site or Block Plan
A Site or Block Plan is usually drawn at 1:500 and gives the following information.

A site plan allows us to:
• Calculate the area and site coverage of the proposed development.
• Calculate the distance from the boundaries to the development.
• View the contours that may be imposed on the land in question.
• View the driveway, stormwater drainage, paths, easements and right of carriage
• Identify features that must be preserved e.g. trees, rocks, existing structures

Key Features
Generally, a site plan should show:
• All existing and proposed structures on the allotment
• Easements, rights of way, driveways, vehicle access points, location of any watercourse on the property, any adjacent roads, and streets
• Allotment boundaries (including dimensions in metres)
• Approximate north point and scale

Site plans are usually drawn at a scale of not less than 1:200

Site Plan

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They will:
• Show the location of various features on the site and illustrate details about the building e.g. construction details for specific trades people.
• Show the height, position, and bulk of the building so that council can determine compliance to its codes.
• Allow builders and tradespeople to prepare written quotations. Remember written quotations (quotes) or contracts should only relate to approved building plans. An estimate should be given prior to council approval.
• Provide the surveyor with the details 'to set out'.
• Illustrate to tradespeople the structure to be built.

• The Client and the Lending Body
• Local Council - they must approve the application before the project can proceed
• Various Supply Authorities – e.g. water, sewerage, and drainage
• Electrical, Gas and Cable Supply Companies
• Builders and Sub-Contractors wanting to quote on the project
• Engineers
• Carpenters
• Bricklayers
• Concreters
• Painters - dry wall and wet wall plasterers
• Real Estate Agents
• Neighbours • Kitchen Manufacturers
• Landscapers
• Various Material or Product Suppliers - e.g. windows, doors, timber etc
• Environmental Agencies
• Mechanical Service Installers - e.g. air conditioning, fire alarms, etc.
• Excavation Contractors Plasterers (gyprockers)
• Surveyors
• Electricians
• Roof & Floor Tilers
• Plumbers
• Form Workers
• Police & Fire Brigade
• Bathroom and Mirror Suppliers
• Roads & Traffic Authority

Plans show all people interested in the proposed structure what it will look like when completed, and how it will be constructed.

To make them more easily understood, diagrams and plans are (in theory) required to stick to certain conventions in terms of the way things are laid out and drawn.

House plans, including floor plans, framing plans, site plans, elevations and so forth should be drawn so that they adhere to the Australian Standard AS1100 (Part 3: Architectural Drawing). This Standard sets out what information should be provided, where on the page things should be listed, and - quite specifically – how different things should be drawn, abbreviated and annotated.

While different architects and building designers might use a little creative license in their designs and represent various things slightly differently depending on the software they use, it’s vital that what’s being shown is clearly represented in a way that leaves no room for misinterpretation.

Below are a few of the common elements you can expect to see on most house plans and diagrams:

• Title Block – the title block explains:
o What the drawing is (i.e. Site plan, floor plan)
o What revision of the drawing you’re looking at
o Who drafted it
o Your details
o The architect or building designer’s details
o The address or location of the site
o The date
• Scale – unless they’re preliminary sketches, formal plans and diagrams should be drawn precisely to scale. The plan you’re looking at will usually represent the scale both as a ratio (e.g. 1:200) and as a block or granulated scale.
• Orientation – plans and diagrams must show which direction north is in relation to the diagram you’re looking at. Where possible, the drawings for a given project should use the same orientation for the sake of consistency and clarity.
• Callouts – These small symbols indicate where further detail is provided in a separate diagram.

Key Terms & Concepts
Types of structures could include:
• Road construction
• Multi-storey buildings
• Bridges and towers
• Details of an article to be manufactured

The sorts of diagrams that the architect or building designer will make will depend on the type of house that’s being built. Below are a few of the sorts of plans that you’ll likely see, and an explanation of what they represent:

• Site plans – these map out the building site, including the slopes and gradients, as well as things like trees and rocks and the immediate area around the site. Site plans are generally supplied in twos, including a ‘before’ plan that shows the site as it is, and an ‘after’ plan that shows the precise location of the proposed construction.
• Floor plans – these are a detailed top-down view of the layout of the house. Floor plans give a good idea of where everything will go and include information about the sorts of materials and products that will be used.
• Elevations – Elevations are diagrams of the house showing how it will look from one particular side. Interior elevations may also be used to give a better idea of how a particular part of the interior should look.
• Wall sections – These diagrams are a cross-cut section of a given part of the house, designed to give a very detailed look at how the house is put together. In these diagrams you can expect to see how framing, wall surfaces, sheathing, foundations, roofs, and many other things are arranged.
• Framing plans – To ensure that the house is structurally sound, it’s important that the framing is appropriately designed and built. Framing plans detail the way that house frames need to be built.
• Shadow diagrams – These diagrams are used to show what kinds of shadows the proposed building will cast, both on your own property and on your neighbours’ yards. Shadow diagrams usually depict the shadow at its ‘extremes’ (e.g. winter equinox)

Construction drawings document what building materials are to be used and accurately describe the proposed works. These drawings are not a 'how to' guide for a builder but a detailed description of the final product.

The drawings are broadly broken down into the following categories:
* Plans - depict the horizontal relationship between building elements and can be broken down into the following categories:
 * Site Plans - describe the proposed building in relation to the adjoining properties
 * Floor Plans - describe the proposed buildings in relation to the floor
 * Reflected Ceiling Plans - describe the proposed building in relation to the ceiling
 * Electrical Plans - describe the placement of lights, power outlets and switches
 * Finishes Plans - locate the placement of finishes within the building
* Sections - show the vertical relationship between building elements
* Elevations - depict the external faces of the building
* Internal Elevations - depict the internal walls, locate joinery units and any other notable features
* Details - call out specific aspects of the building and describes their design (e.g. How a wall and floor junction should meet, or a wall and ceiling junction)
 * Window and Door Schedules - describe each individual window and door in the building, specify glass types, wind loads, frame types, door types etc
 * Existing Conditions - drawings document the site before any works have commenced (necessary for renovations and additions)
 * Demolition Drawings - describe the extent of demolition required (necessary for renovations and additions)

Once these drawings have been completed and the work of the consultants integrated (See Typical Consultants section) the documents are submitted to a Building Surveyor who grants a Building Permit and construction can commence.

The final payment at practical completion is due only once the home:
• Has been completed in accordance with the contract and all relevant statutory requirements
• Has been completed without any omissions or defects, or with only minor omissions or minor defects, and
• Is reasonably suitable for habitation.

The DBCA sets out requirements for documenting defects (whether agreed by both parties or not) at the final inspection. These requirements can be summarised as follows:

Where You and the Homeowner AGREE on the Defects & Omissions
If you and the homeowner agree that there are minor defects or minor omissions, then you must provide the homeowner with a 'defects document' that lists these defects and omissions at the time of the final inspection. The list must state by what date you are to correct each agreed minor defect or minor omission. You must sign the defects document and make all reasonable efforts to have the owner sign.

NOTE: You must not receive all or part of the completion payment until the homeowner has been given a defects document.

Where You and the Homeowner DO NOT Agree on the Defects & Omissions
The defects document must also list any minor defects or minor omissions which the homeowner believes exist but you do not agree exist. You should attempt to resolve these issues by discussion with the homeowner.

The DBCA and the Domestic Building Contracts Regulation 2010 provides clear instruction against contractual provisions designed to pass on or contract out of statutory obligations under the DBCA and Queensland Building and Construction Commission Act 1991 (QBCC Act). Provisions that must not appear in a contract include:

• A provision which states that a direction given to a building contractor is deemed to have been given to someone else (i.e. a sub-contractor)
• A provision which requires an owner to indemnify the building contractor against all costs that may arise if the QBCC issues a direction against the building contractor.

Under Section 90 of the DBCA homeowners may, under certain circumstances, have the right to terminate the contract in the event of blowouts in:
• The cost (if the contract price rises by 15% or more after the contract is entered into because of the operation of a cost escalation clause in the contract); or
• The time frame of the contracted work (if the contracted work is not finished within a period that is 1.5 times the period allowed for in the contract), provided that:
o The reason for the rise in price, or increase in time, could reasonably have been foreseen by you when the contract was entered into; and
o For a rise in price, the rise is not caused by a delay for which the building owner is responsible.

If you are unsure about your client’s right to terminate or withdraw from the contract, you should seek formal legal advice, especially before responding to any legal documentation from the client.

You are entitled to occupy the site for the purposes of carrying out the contract. In addition, under most contracts you are entitled to exclude people from the site other than the owner or any person authorised by the owner to be on site. Depending on the provisions of the contract, other people who may be entitled to visit the site include representatives of the homeowner’s finance company (if a loan was required for the work), the building certifier, local authority officers and QBCC officers.
The homeowner and the homeowner's agent are entitled to reasonable access to the site, under your supervision, to view the work but must not interfere with it. The homeowner may be liable to you for costs or delays caused by interference.

A caveat is a notice on the register of land titles. Caveats prevent the owner of the land from selling the land or transferring the land into someone else’s name.

Under the DBCA you cannot lodge a caveat over the property if the homeowner proposes to live in the house within six months of completion of the work.

Variations are frequently the cause of disputes, particularly where there is inadequate documentation to support them. There are provisions in the DBCA to help prevent these disputes.

There Must be a Written Variation Document

You must put any variations in writing as soon as practicable and, if the variation means additional work, it is to be put in writing and signed by the parties before the variation work is carried out. You must give the homeowner a copy of this document as soon as practicable but within five business days from when the document is signed.

A variation does not have to be in writing if the work is required urgently and it is not reasonably practicable to produce a variation document before commencing work.

Format
The DBCA stipulates that the variation document must:
• Be in English and legible
• Describe the variation
• State the reason for the variation (if the variation is being sought by the contractor)
• Provide a reasonable estimate of any delay to the work which may result from implementing the variation
• State any change to the contract price due to the variation, or at least set out the method for calculating the price change
• Give the date when any increase in the price as a result of the variation is to be paid or give the date when any decrease is to be taken into account. For example, if the price is decreased due to the variation, the variation document must indicate which progress payment is to be decreased as a result, and
• Be signed by the contractor. The contractor must also take reasonable steps to have the homeowner sign the document. If the homeowner does not understand it, the contractor should clarify the document in writing or provide further information in writing

NOTE: Where a variation results in an increase in price, you cannot require the additional payment until the homeowner has initialled the variation document and you have started to carry out the variation.

When the Contractor Requests a Variation

If you ask the homeowner to agree to a variation and it involves additional work, the homeowner is only liable to pay for that extra work if you could not reasonably have foreseen it at the time of contracting.

In any case, you must still provide the written documentation as detailed above and must not demand payment before the work is commenced.

Under a construction management contract, in addition to engaging a construction manager, the homeowner is also required to contract directly with a multitude of trade contractors (e.g. plumbers, carpenters, electricians, etc.) and is ultimately responsible for their performance. A normal domestic building contract sees the homeowner sign a single contract with a builder who then contracts with trades and supervises their work on the homeowner's behalf.

A breakdown in the construction management contract or one of the trade contracts may have a collateral impact on other contracts, entered by the homeowner, potentially leaving the homeowner exposed to delays and even legal action. In addition, homeowners have less QBCC insurance protection when a construction management contract is used, especially for non-completion.

For more details on the differences, risks and responsibilities for contractors associated with construction management contracts you should read the Construction Management Contract Information Statement available on the QBCC website.

A copy of the display home’s plans and specifications, and a draft copy of the building contract you propose to use for the construction of a similar home, must be prominently displayed at the display home.

The DBCA also provides that where the contract is to build a home similar to the display home, the work must (unless otherwise agreed) be carried out in accordance with the same plans and specifications as the display home and employing at least the same standard of workmanship and materials.

Cost plus contracts are prohibited under the DBCA unless certain strict criteria are satisfied. An example of when a cost plus contract may be permitted is when the cost of a substantial part of the work cannot reasonably be calculated without some of the work actually being carried out e.g. rectification of termite damage where the extent of the damage cannot be accurately determined until after work has started.

WARNING: Because cost plus contracts involve considerable legal and financial risks for both contractors and homeowners, and are a common source of disputes, you are strongly advised to get formal legal advice before using a cost plus contract.

Special conditions apply to cost plus, display home and construction management contracts.

If the contract includes prime cost items or provisional sums, the contract must have a separate schedule with details for each item or sum. In the schedule, each item or sum must be described in detail and a breakdown of cost estimates given. The breakdown of cost estimates must, where appropriate, show the quantities of materials involved and the unit cost to the contractor. If you propose to charge a margin for an item or sum, this must also be stated in the schedule (example, the cost of the item plus 10%).

The total amount for a prime cost item or provisional sum must be stated in the schedule and must be the reasonable cost of supplying and delivering the item or providing the service. The amount must take into account the information reasonably available at the time the contract is entered into, and the nature and location of the building site. If the amount of the allowance is not reasonable, the Tribunal may, on application from the homeowner, limit the amount you can recover from the items covered in the allowances. When you claim payment for a prime cost item or provisional sum, you must give the homeowner copies of any invoices, receipts or other documents showing the cost of the item or sum.

Where the building project involves (a) the “construction or alteration of footings, or a concrete slab, for a building", or (b) where the work may “adversely affect the footings of a building or a concrete slab forming part of a building”, the DBCA requires you to obtain appropriate foundations data (e.g. soil tests, contour surveys and other geotechnical information) before entering the contract. The costs involved in obtaining this foundations data on behalf of the owner are commonly covered by a Preliminary Agreement.

You must give the homeowner a copy of the foundations data (on payment of the costs incurred) unless the homeowner gives you the data, or you reasonably believe the homeowner already has a copy.

Deposits

The DBCA sets out maximum deposits that cannot be exceeded, even if the homeowner agrees. If your contract is for work priced at more than $3,300, but less than $20,000, the deposit must not exceed 10% of the total contract price. If the contract price is $20,000 or more, the maximum allowed deposit is 5%.

NOTE: It is an offence to seek or receive a deposit greater than these percentages set out in the DBCA

Progress Payments
For the construction of an entire home the DBCA sets out a schedule for progress payments (Base Stage = 10%, Frame Stage = 15%, Enclosed Stage = 35%, Fixing Stage = 20%, and the balance at Practical Completion). You and the homeowner can agree to vary this payment schedule, but only by
giving the homeowner a notice which satisfies the requirements of the Domestic Building Contracts Regulation 2010 before the contract is entered. The homeowner must initial the clause in the contract that sets out the revised progress payment schedule. If the homeowner does agree to vary the payment schedule, the new schedule must be clearly noted in the contract and should not involve payment in advance of work progress on site.

For the construction of a home to the enclosed stage (formerly known as ‘lock-up stage’) or to the fixing stage (formerly known as ‘pre-paint stage’), the DBCA sets out different schedules for progress payments.

For jobs not involving the designated stages of home construction referred to above (i.e. for work such as renovations, extensions, pools, trade work, etc.), the above deposit maximums (5% and 10%) still apply, but you are free to negotiate a mutually agreeable progress payment arrangement. You cannot seek payment in advance of work performed on site except if expressly agreed between the parties. If you want to be paid in advance of the progress of work, you must give the homeowner a notice which satisfies the requirements of the Domestic Building Contracts Regulation 2010 before the contract is entered. and have the homeowner initial the clause in the contract that sets out the progress payments.

NOTE: Payments in advance of work progress on site may soon be banned under proposed changes to the DBCA.

For further details or advice about payment arrangements under the contract, seek legal advice.

The DBCA requires that all contractors performing domestic building work valued at more than $3,300 must give their clients a QBCC-approved Contract Information Statement.

The Information Statement contains general information about the contract for homeowners' benefit. It includes information about the rights and duties of the owner and contractor, procedures for resolving disputes, maintenance obligations, etc.

The DBCA gives the QBCC the authority to approve Information Statements for each class of contract (e.g. contracts for home construction, renovations/extensions/repairs, swimming pool and spa construction and renovation, and construction management).

To satisfy your obligations under the DBCA, you can choose one of the following two options:

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1. Purchase and provide your clients with a copy of one of the Contract Information Statements produced by QBCC (available for free from QBCC's website, or for purchase from QBCC offices)
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2. Use an appropriate contract produced by the QBCC or an industry association that includes a QBCC-approved Information Statement.
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The Act requires you to provide certain warranties and to set them out in your contract documentation.

The following warranties should be set out:
• Materials used will be good and suitable for the purpose
• Materials will be new (unless you agree otherwise and if so, this must be stated in the contract)
• The contractor will comply with all relevant laws and legal requirements, including the Building Code
• The contractor will carry out the work in an appropriate and skilful way with reasonable care and skill
• Where plans and specifications form part of the contract, work will be carried out in accordance with the plans and specifications
• Where appropriate, the new home, renovation or extension will be suitable for occupation on completion, and
• Any provisional sums included in the contract have been calculated with reasonable care and skill, having regard to all the information reasonably available when the contract was entered into

A homeowner does not have to give any reason for withdrawing but must notify you by delivering a written notice to you or your address before the cooling-off period expires. The notice must state under which section of the DBCA the homeowner is withdrawing (i.e. Section 72 or Section 74).

Cost to Homeowner of Withdrawing
If a homeowner exercises their right to withdraw under Section 72 during the five business day cooling-off period, you are entitled to $100, plus any out-of-pocket expenses you have reasonably incurred before the homeowner's withdrawal. You are entitled to retain this money from any deposit paid under the contract, but you must refund any excess. If the deposit is less than your entitlement, the homeowner must pay you the difference.

If the homeowner withdraws under Section 74 because the contract does not contain the required warning, you are only entitled to a reasonable amount for the services you performed in managing or carrying out the work to the time of the withdrawal.

A homeowner may not withdraw during the cooling-off period if:
• You and the homeowner had a previous contract on similar terms for the same site or home; or
• The homeowner received formal legal advice about the contract from a practising lawyer before the contract was made; or
• The homeowner informs you they received formal legal advice about the contract from a practising lawyer before the contract was made.

The contract must contain a conspicuous notice advising the homeowner of their right to withdraw during the cooling-off period. If it does not then, pursuant to Section 74, the homeowner can withdraw from the contract within seven calendar days of becoming aware that the contract should have had a cooling-off notice.

When Homeowners May Withdraw from the Contract

Under Section 72 of the DBCA homeowners have a right to withdraw from a contract during what is known as a cooling-off period. Time limits and some costs apply and certain notices have to be given if the homeowner wishes to exercise these rights.

Homeowners may withdraw from the contract within five business days of receiving from you a copy of both:
• The signed contract; and
• A QBCC-approved Contract Information Statement

What if the Homeowner does not receive a copy of the signed contract and information statement?
Once the contract is made, you have five business days to give the homeowner a signed copy of the contract and an approved Information Statement. If after five business days the homeowner has still not received copies of both these documents, the homeowner may withdraw from the contract. If the homeowner receives both documents after the cooling-off period of five business days has expired, they may withdraw within five business days of the receipt date.

NOTE: This provision highlights the importance of giving the homeowner a copy of an approved Information Statement as soon as possible, preferably before or at the same time as they receive a signed copy of the contract. A delay in providing the Statement extends the period in which you are exposed to the risk of the homeowner withdrawing from the contract.

You must ensure all your contract documentation complies with the DBCA. You may develop your own contracts with legal advice or use contracts that have been developed by QBCC or industry associations since 1 July 2000 and comply with the DBCA. Interstate contracts generally will not comply with this Queensland legislation.

Contracts that comply with the DBCA are available for free download from QBCC's website.

The DBCA requires, among other things, that your contract must:

• Indicate whether the client is a resident owner (will live in the house within six months of completion of the domestic building work)
• Be in English and legible (i.e. clear and easy to read)
• Show the names and addresses of both you and the homeowner
• Indicate your licence number
• Show the date the contract is made
• The contract sets out in full all of the terms of your agreement with the homeowner
• Provide a detailed description of the work
• Contain a conspicuous notice advising the homeowner of their right to withdraw from the contract under the cooling-off provisions (Section 72)
• State the start and finish dates for the work. If the start date is unknown, the contract should state how the start date is to be decided, the number of days required to finish the work, and that work will start as soon as possible.
• Indicate allowances you have made for certain types of delay (including bad weather, weekends, public holidays, rostered days off and other likely delays)
• State the location of the building site, including a lot-on-plan or similar description
• Clearly state the total price and payment provisions. Check that the deposit does not exceed the maximum permitted under the DBCA (see the 'Deposits and progress payments' section of this information booklet), and that any progress payments are in accordance with the requirements of DBCA. If varied by mutual agreement with the homeowner, the replacement payment schedule must be clearly noted in the contract and must not involve payment in advance of work progress
• Include a clear warning located near the contract price referring the homeowner to any clause in the contract that may have the effect of changing the price (e.g. variation clauses and prime cost or provisional sum clauses)
• Include definitions of key terms
• Set out the warranties provided under the DBCA
• Include appropriate plans and specifications if these are required for the work. These must be sufficiently detailed to enable you to obtain any necessary approvals or authorisations from authorities. Homeowner requirements for finishes (for example, number of coats of paint required) should be stated in the specifications.
• List and describe any fixtures or fittings which are not included (i.e. not supplied by you), and
• If the work involves or affects footings or slabs, you must obtain appropriate foundations data before entering the contract (see section on 'Foundations data' later in this booklet). If they have paid for it, you must give homeowners a copy of this information.

NOTE: If you wish to develop a new contract that complies with the DBCA you should seek legal advice. QBCC is NOT able to assist you with contract development.

Domestic Building Contracts Act

The Domestic Building Contracts Act 2000 regulates certain domestic building contracts, among other purposes.

The purpose of the act in regulating domestic building contracts is to:
• Achieve a reasonable balance between the interests of building contractors and building owners
• Maintain appropriate standards of conduct in the building industry.

The Act is administered by the Queensland Building and Construction Commission (QBCC).

Domestic Building Contracts

If you carry out domestic building work valued at more than $3,300 in Queensland, the Domestic Building Contracts Act requires you to have a written contract with your clients, and to give them a signed copy and a QBCC-approved Contract Information Statement.

Master Builders produce a wide range of standard form contracts for domestic building, which fully comply with the requirements of the Domestic Building Contracts Act.

Generally, if the building project involves domestic building work valued at more than $3,300, you’ll be subject to the DBCA and required to provide a written agreement that complies with it.

"Domestic building work" is broadly defined and includes activities such as:

• The construction of a new detached dwelling (including a duplex)
• The construction of any building or fixture associated with a home, such as a shed, garage, carport, retaining structure, driveway, fence, workshop, swimming pool or spa
• The removal or re-siting of a dwelling which is intended to be used as a residence
• Renovations, extensions, alterations, improvements or repairs to a home (including a duplex or home unit) and associated work (including painting and the provision of services)
• Kitchen or bathroom refits, or
• Landscaping, paving, site work, etc.

The DBCA requires you to have a written contract with your clients and to give them a signed copy and a QBCC-approved Contract Information Statement.
These documents must be provided as soon as practicable after an agreement is reached (no later than five business days from the date of agreement) and before starting work.

We recommend using a written contract, regardless of the cost of the work. This ensures both parties are clear about the terms of the contract and their obligations.

For work worth up to $5000, a contract should include:
• The date the contract is effective (this is the date on which both parties have signed)
• A start and finish date for the work, with allowances for delays
• A plan and specifications (detailed description) of the work to be done, including references to any Australian standards that apply
• The make and model number of any fittings such as ovens, tiles or tapware, and who is responsible for supplying these
• Details of how variations to the contract may be made
• Labour costs per hour; and per person if more than one person will be doing the work
• Any insurances or warranties that may apply
• Details of what happens if you cancel the contract, including any cancellation fees

Look very closely at any long-term ‘guarantees’. These can sound attractive but may not be of any benefit if the business is later sold or closed. Check carefully what they cover.

Changing a Major Domestic Building Contract Checklist

• Use a written Variation Notice for all changes to a contract
• As much as possible, avoid having prime cost and provisional sum items in your contract

You do not have to pay for variations that are ordered to deal with issues that the builder should have identified before starting work.

Legal Changes to a Building Contract
The law only allows certain changes to the price stated in a signed major domestic building contract.

Legal changes to the contract price include:
• Variations to the plans and specifications
• Prime cost items
• Provisional sum items

Variations to the plans and specifications must be in writing and signed by you and the builder. We recommend you do the same for prime cost and provisional sum items.

Variations
Variations are changes to the contract that:
• You and the builder agree to make
• A building surveyor (or another authorised person) orders after the contract has been signed and building work has started

If you do not agree with the changes ordered by an authorised person (building surveyor, architect, building inspector or engineer), you must advise the builder in writing within five business days of receiving the notice.

By law, you and the builder must agree in writing to the variations (using a Variation Notice) and include the details and cost of the changes in the contract (including the new total price and new completion date) before the work commences.

A Variation Notice is not required when your builder reasonably believes the changes will not:
• Require a change to any permits for the project
• Cause delay
• Add more than two per cent to the original contract price

To avoid disputes, we recommend changes are made in writing and signed by both parties.

Prime Cost Items

Prime cost items are your selections of fixtures and fittings (for example, ovens, taps and tiles) that are listed items in the contract, but which are not specifically identified and costed. This is because you or your builder could not determine or agree the make, model, or exact price of the item at the time you signed the contract – you could only estimate the price, which could be less than the final cost.

Where possible, avoid prime cost items. Try to include the specific details of your selections (such as make, model, colour, and style) in your contract, so that the building cost is final.

Get a copy of any invoice, receipt or other document that shows the cost of any prime cost item.

Provisional Sum Items

Provisional sum items are items listed in the contract for possible additional work, such as excavation, where the builder cannot give you an exact price of the work at the time you sign the contract – they can only make a reasonable estimate of the cost.

Where possible, do not agree to provisional sum items as they can make your final cost higher.

For example, it is common for excavation work to be included as a provisional sum item. Be aware that this cost could increase substantially if additional excavation work is needed because rock was not determined in the soil report. Make sure that your builder has obtained a comprehensive soil report in order to give you a reasonable estimate of costs. Seek advice from your independent building consultant.

Your builder must make a ‘reasonable allowance’ for the nature and location of the building site when estimating supply and delivery in the contract price – for example, your builder must allow for transport costs if you are building on a rural property.

GET A COPY OF ANY INVOICE, RECEIPT OR OTHER DOCUMENT THAT SHOWS THE COST OF ANY PROVISIONAL SUM ITEM.

Getting Out of Your Contract (Cooling Off)
You have five business days after receiving a signed copy of your major domestic building contract to withdraw without penalty. This is your ‘cooling-off period’.
If you engaged a lawyer to review your contract prior to signing, then you are not entitled to a cooling-off period.

Victoria has laws to prevent unfair terms in consumer contracts, including contracts to build a house, and renovate, extend, or repair an existing house.

Make sure your contract does not include these illegal terms:
• A clause requiring any dispute to go to arbitration (a compulsory arbitration clause)
• A caveat (a warning of some right or interest on the land title) on the building site land
• Any statement that restricts or denies your rights to implied warranties (see building warranties and insurance)
• A cost escalation or ‘rise and fall’ clause unless the contract price exceeds $500,000. The onus is on the builder to calculate into the contract price any likely rise in costs caused by inflation, wage increases and the like. If the builder wants to include a cost escalation clause, the Director of Consumer Affairs Victoria must approve it. The director has not yet approved any cost escalation clauses
• An agreement to pay the builder by a cost-plus method, if your contract is less than $500,000. An example of a cost-plus method is when a builder charges by the hour and you do not have a fixed price for your contract. You can use a cost-plus contract if you are renovating an existing house, but only in very limited circumstances. Get legal advice before you sign any cost-plus contract
• The expression ‘practical completion’. If you find it in your contract, delete it and insert ‘complete in accordance with the plans and specifications’

Your building contract may include a liquidated damages clause.

This is an estimate of your potential losses if your builder breaches the contract; for example, if the builder fails to complete your home by the date agreed to in your contract.

The amount included in the liquidated damages clause can cover losses such as rent, travel and other out-of-pocket expenses.

It must be reasonable estimate of your expected loss and not extravagant or out of proportion.
If your contract does not contain a liquidated damages clause or the amount is left blank, you can still claim damages. You should seek legal advice.

You can use our free model domestic building contract when planning to build a new home. The contract balances your and the builder’s rights and obligations. If a dispute arises, the contract provides a clear path to the requirements of the law.

Download a copy:
• Building contract for new homes (Word, 1.2MB) –

https://www.consumer.vic.gov.au/library/forms/housing-and-accommodation/building-and-renovating/building-contract-for-new-homes.doc

Before You Sign a Major Domestic Building Contract
Check:
• The builder is registered with the Building Practitioners Board (at the Victorian Building Authority)
• The domestic building insurance policy
• The procedure for changing the plans and specifications
• You’ve only agreed to pay progress payments for work already completed
• You’ve had enough time to thoroughly review the contract

You automatically have rights to visit your building site. Before you sign, we recommend you:
• Delete any clause in your contract that limits your rights to visit your building before you sign
• Get a building lawyer to review your contract before you sign. The Law Institute of Victoria has a referral service that can help you find a building lawyer in Victoria. Or in Queensland, the Queensland Law Society

Check these costs are included in your contract price:
• The building fee, which may or may not include the cost of mandatory inspections by the building surveyor and may vary between companies
planning permit fees (if your council requires a planning permit)
• Lodgement fee paid to the local council for recording purposes
• Crossing deposit or asset protection fee paid to the local council and refundable at the end of the project, if no damage has occurred to council property
• Inspection fee, a non-refundable fee paid to the council for the cost of their inspection of council assets
• Government levy charges when the contracted cost of work is more than $10,000. There are three levies based on the total cost of your building, which also apply to owner builders. Your building surveyor can advise you of these costs

A written contract is vital if you are going to build a house, or intend repairing, renovating, or extending your home, regardless of how much you are spending.

It is a crucial document in settling any dispute with your building contractor. Essential requirements for home building contracts are set out in the Domestic Building Contracts Act 1995.

We recommend you have a written contract for all building works, regardless of size and price.
By law, you must have a written ‘major domestic building contract’ for work worth more than $5000, including:

• Erecting or constructing a home and associated landscaping, paving, retaining structures, driveways, fencing, lighting, heating, air conditioning, water supply or sewerage
• Renovations, alterations, extensions, repairs, and any other improvements
• Work associated with renovation, alteration, extension, or repair of a home. This includes landscaping, paving, retaining structures, driveways, fencing, garages, workshops, swimming pools or spas
• Preparation of plans or specifications by the builder (unless prepared by a registered architect, engineer, or draftsperson)
• Demolition or removal of a home
• Any work associated with building on land zoned for residential purposes and for which a building permit is required

Only registered builders can:
• Enter into a major domestic building contract and take out domestic building insurance, which is required for work over $16,000 and protects you if the builder dies, becomes insolvent or disappears
• Reblock, restump, demolish, or remove a home, regardless of the value of this work

You are not required to have a domestic building contract for jobs that involve only one of the following:
• Plastering
• Tiling (wall and floor)
• Electrical work
• Glazing
• Insulating
• Painting
• Plumbing, gas-fitting, and draining
• Installing floor coverings
• Attaching external fixtures (awnings, security screens, insect screens and balustrades)
• Erecting a chain wire fence around a tennis court
• Erecting a mast, pole, antenna, aerial, or similar structure

However, we recommend you have a written contract for all work carried out on your property. The builder is required to give you sufficient time to have the contract documents reviewed by your legal representative before you sign.

Some building contractors use standard contracts prepared by industry organisations. Even if your contract is standard, we recommend you get independent legal advice before you sign - although this means you no longer have five days to change your mind after signing the contract.

The builder must also give you a copy of the contract signed by you and the builder. Do not accept a copy unless it has been signed by the builder.

Compliance with a standard may not be the only requirement. Other legislation such as state Acts, Building Code of Australia, IDAS codes, council planning schemes and local laws may impose additional requirements. Designers, builders, and owners should satisfy themselves that they would achieve compliance with all legislative requirements.

The Sustainable Planning Regulation 2009 specifies whether building certifiers can assess applications against the performance criteria, or whether alternative solutions can only be determined by the council or by the nominated ‘referral agency’. For example, for the private health facilities standard, the chief health officer under the Health Act 1937 is nominated as the applicable referral agency.

In addition to the mandatory standards, the Queensland Development Code contains model standards for use by local governments. Local governments may adopt these standards into their planning schemes. Model standards may be modified by local governments to suit local circumstances where considered necessary.

Apart from the Building Act 1975, there are numerous other pieces of legislation that contain building related provisions. Over time, it is proposed that these provisions be consolidated into the Queensland Development Code.

Currently, Schedule 1 lists the parts of the Queensland Development Code that have been introduced via other state Acts. These are MP 5.3 retail meat premises, MP 5.5 private health facilities, MP 5.7 residential services buildings and MP 5.4 childcare centres. The acceptable solutions of these parts are to be administered by building certifiers.

QDC MP Parts 1.1 and 1.2 of the Queensland Development Code contain the siting standards previously incorporated in the standard Building Regulation. The Queensland Development Codes MP 1.1 and 1.2 are ‘default’ standards that must be applied unless a local government's planning scheme contains ‘alternative standards’. If alternative standards are contained in a planning scheme, they must be applied instead of the Queensland Development Code requirements.

The Building Code of Australia also provides a nationally uniform set of technical building standards. However, it currently contains numerous additional provisions specific to Queensland. As the number of these provisions increases, it is not practical to include them in the national code.

For example, new mandatory standards for Queensland, such as 'Fire safety in budget accommodation', are included in the Queensland Development Code rather than the Building Code of Australia.

Some of the Queensland variations to the Building Code of Australia are inserted into the Queensland Development Code. The application of these standards is mandatory and is enforceable by building certifiers.

If there is an inconsistency between the Building Code of Australia and the Queensland Development Code, the Queensland Development Code prevails.

Schedule 1 of the Building Act 1975 details the parts of the Queensland Development Code (QDC) that have legislative effect. All other parts of the Queensland Development Code are advisory standards only.

The Building Regulations 2006 (The Regulations) are derived from the Act and contain, among other things, the requirements relating to:
• Building Permits
• Building Inspections
• Occupancy Permits
• Enforcement of the Regulations
• Maintenance of Buildings

The Regulations adopt the Building Code of Australia as a technical reference that must be complied with.

In Queensland, the current laws and regulations are:
• Building Act 1975 - Queensland's building legislation
• Building Regulation 2006 - building regulations related to the Queensland Building Act 1975

And current codes and standards:
• Queensland Development Code - Queensland's building standards framework which extends the scope of the Building Code of Australia
• Building Certification System in Queensland
• Termite Management Standards - background and changes to the termite management systems laws under the Building Code of Australia

The Queensland Development Code consolidates Queensland-specific building standards into a single document. The code covers Queensland matters outside the scope of, and in addition to, the Building Code of Australia, such as requirements for private health facilities.

The Building Act 1993 (the Act) governs building activity in Victoria. It sets out the legislative framework for the regulation of building construction, building standards and the maintenance of specific building safety features.

The objectives of the Act are:
• To protect the safety and health of people who use buildings and places of public entertainment
• To enhance the amenity of buildings
• To promote plumbing practices which protect the safety and health of people, and the integrity of water supply and wastewater systems
• To facilitate the adoption and efficient application of national building standards and national plumbing standards
• To facilitate the cost effective construction and maintenance of buildings and plumbing systems
• To facilitate the construction of environmentally and energy efficient buildings; and
• To aid the achievement of an efficient and competitive building and plumbing industry

Part 12A of the Act sets out the legislative framework for the regulation of plumbing work in Victoria, addressing matters such as:
• The registration and licensing of plumbing practitioners
• Requirements relating to licensees self-certifying work via compliance certificates
• The establishment of the Victorian Building Authority and its responsibilities relating to the regulation of plumbing work
• The powers available to the Authority’s inspectors and auditors in monitoring and enforcing the compliance of plumbing work with all regulatory requirements.

This standard sets out requirements for the design, selection, construction and installation of fixed platforms, walkways, stairways, and ladders that are intended to provide safe access to places used by operating, inspection, maintenance, and servicing personnel.

This standard sets out the requirements for the design and installation of above ground external waterproofing membranes for use in buildings and structures, such a roofs, balconies, landscaped areas, and planter boxes, on all classes of buildings. It is not intended for use in applications below ground level, such as swimming pools and spas, and excludes concrete admixtures or penetrant sealers and decorative coatings.

The standard is provided in two parts – Part 1: Materials and Part 2: Design and installation, which contains some detailed requirements for waterproofing systems to prevent the ingress of water.

The principal objective of AS 3600–2009 is to provide users with nationally acceptable, unified rules for the design and detailing of concrete structures and elements, with or without steel reinforcement or prestressing tendons, based on the principles of structural engineering mechanics. The secondary objective is to provide performance criteria against which the finished structure can be assessed for compliance with the relevant design requirements.

AS 4773.2–2010 provides simplified details for builders for the construction of masonry in small buildings, such as houses and garages. This standard provides acceptable construction practices for masonry in buildings of Class 1 and Class 10a, as defined in the Building Code of Australia, and designed in accordance with AS 4773.1.

Primary building elements susceptible to termite attack must be protected with a termite barrier. AS 3660.1–2000 specifies methods of termite management that must be implemented during construction of new building works. It can be used by builders, building designers, regulatory authorities, termite management system manufacturers and installers, and those people requiring termite management systems.

AS 2870–2011 specifies performance criteria and specific designs for footing systems for foundation conditions commonly found in Australia. It also provides guidance on the design of footing systems, abiding by engineering principles. The standard sets out the criteria for the classification of a site, and the design and construction of a footing system for a single dwelling, house, townhouse, or similar structure.

Timber framed dwellings built in Queensland’s cyclonic regions must comply with Australian Standard AS 1684.3–2010. This standard provides procedures that assist in the correct specification and determination of timber members, bracing and connections, thereby minimising the risk of creating an environment that may adversely affect the ultimate performance of the structure.

Timber framed dwellings built in Queensland’s non-cyclonic regions must comply with Australian Standard AS 1684.2–2010. This standard provides procedures that assist in the correct specification and determination of timber members, bracing and connections, thereby minimising the risk of creating an environment that may adversely affect the ultimate performance of the structure.

The BCA is split into two volumes. Volume One deals with buildings in Classes 2 to 9 and Volume Two, also known as the Housing Provisions, deals with buildings of Class 1 and 10.

Volume One
Volume One is split into nine sections with the first section containing administrative provisions, the remainder containing technical provisions.

Volume One of the BCA is structured so that each technical section contains:

• Objectives - a statement that is considered to reflect community expectations
• Functional Statements - statements of how a building achieves the objective
• Performance Requirements - the level of performance a building solution must meet (i.e. the minimum standard)
• Building Solutions - the way in which the performance requirements are met. The solution may be one that complies with the Deemed to Satisfy provisions or an alternate solution or a combination of both. The Deemed to Satisfy provisions are the 'black and white' solutions and if followed ensure compliance with the performance requirements. Alternate solutions allow for innovative design and use of materials and normally require certification by an expert in the particular field.

Section A: General Provisions
Contains information such as definitions, how buildings are to be classified and the list of guidance documents such as Australian Standards that have been referenced by the BCA as Deemed to Satisfy solutions.

Section B: Structure
Requirements for the structural stability of the building including the structural resistance that materials and forms of construction must achieve against effects such as dampness, termites, water penetration, etc.

Section C: Fire Resistance
Requirements for the fire resistance of the building. This is to ensure that not only fire spread from one building to another is prevented but also a building maintains structural stability during a fire to allow for occupants to evacuate and the fire brigade to fight the fire. This is achieved by separation distances between buildings, fire protection to external walls (including any openings such as windows) and the splitting up of the internal spaces of the building into separated compartments. It is important to understand the following terminology in relation to this section:

• Type of Construction - not to be confused with building class, this determines the level of fire resistance particular elements of the building must achieve. There are three types of construction, namely A, B and C, which are determined by the building's class and rise in storeys. Type A includes buildings that have a higher risk such as high rise, high occupant buildings and is therefore the most fire resistant. Type C includes buildings that have a lower risk and is therefore the least fire resistant.
• Fire Source Feature - this represents the potential location that fire may spread from or to. It is normally the external wall of another building on the same lot, a side or rear boundary or the far boundary of a road adjoining the lot. Boundaries are regarded as fire source features because the owner of one lot has no control over what is built on adjoining lots and there is potential for a building to be built up to the boundary on the adjoining lot.
• Fire-Resistance Level (FRL) - measured in minutes, this is the resistance to the passage of fire an element of a building achieves. It consists of the criteria structural adequacy, integrity and insulation. For example, a 90/30/60 FRL represents an element that must achieve a fire resistance level of 90 minutes for structural adequacy, 30 minutes for integrity and 60 minutes for insulation.
• Sole Occupancy Unit - this means a room or part of a building for occupation by one occupant to the exclusion of others.

Section D: Access & Egress
Provisions relating to the number, size, type, and separation of emergency exits, as well as the distance to an emergency exit. These provisions are determined by the building's class, size of the building and the number of persons the building accommodates. The section also includes provisions relating to the accessibility of a building for people with disabilities.

Section E: Services & Equipment
This section identifies the fire safety equipment that must be installed in a building. This equipment includes firefighting equipment (e.g. fire hydrants, hose reels, portable fire extinguishers, etc), smoke hazard management (e.g. smoke detectors and alarms) and emergency lighting and signs. The section also provides the requirements for lift installations when one is installed in a building. As a general rule all buildings require portable fire extinguishers to be installed. The provision of any other equipment is dependant on the size of the building.

Section F: Health & Amenity
The requirements for damp & weatherproofing, sanitary facilities, room sizes, light and ventilation and sound insulation. The number of sanitary facilities is dependant on the number of people the building accommodates. Provisions relating to sanitary facilities for people with disabilities are also included in this section. The light and ventilation provision relates to both natural as well as artificial lighting and ventilation. Not all buildings are required to be provided with natural ventilation or lighting.

Section G: Ancillary Provisions
This section contains requirements that affect structures that are ancillary to the main use of the building including minor structures (swimming pools, vaults, cool rooms), heating appliances (fireplaces, flues, and chimneys) and atrium construction. It also contains requirements for buildings constructed in alpine areas and bush fire prone areas.

Section H: Special Use Buildings
The requirements specific to certain buildings such as theatres and public halls.

Section I: Maintenance
The requirements for the maintenance of equipment in buildings.

Volume Two
Volume Two is split into three sections, the first section containing administrative provisions, the second the performance provisions and the third the acceptable construction provisions.

Section 1: General Provisions
This contains information such as definitions, how buildings are to be classified and the list of guidance documents such as Australian Standards that have been referenced by the BCA as Deemed to Satisfy solutions.

Section 2: Performance Provisions
This section is further split into five subsections entitled Structure, Damp & Weatherproofing, Fire Safety, Health & Amenity and Safe Movement and Access. Within each subsection the objectives, functional statements and performance requirements are stated.

Section 3: Acceptable Construction
This section, also known as the Acceptable Construction Manual, contains the Deemed to Satisfy building solutions for Class 1 and 10 buildings. The section is split into 11 subsections, namely Site Preparation, Footings & Slabs, Masonry, Framing, Roof & Wall Cladding, Glazing, Fire Safety, Health & Amenity, Safe Movement and Access, Additional Construction Requirements and Structural Design Manuals.

The Building Code of Australia classifies a building or a part of a building by the purpose for which it is designed, constructed, or adapted to be used.

Here is an overview of how buildings with multiple dwellings within are classified.

Class 2 Buildings
Class 2 buildings contain two or more sole-occupancy units each being a separate dwelling. The occupancy and use of the separate units should be similar to a house and because the residents are permanent and related, they will be familiar with the building and have a degree of control over, and vested interest in, what happens within the unit.

Apartments are class 2 buildings.

Concessions Applying to class 2 Buildings
Disability Access
There are no access or facility requirements for people with a disability.

Energy Efficiency
There are less stringent requirements based on the assumption that buildings will be used as permanent dwellings and that the occupants will pay the electricity bills.

Fire Safety
• Self-contained smoke alarms are permitted with no requirement for a full smoke detection system
• No requirement for a fire alarm monitoring system connected to a fire station dispatch centre (unless fire sprinklers are required)
• Additional exit sign exemptions
• Sound and intercom systems for emergency purposes are not required unless the building is more than 25 metres high.

Class 3 Buildings
Class 3 buildings are residential buildings, other than a class 1 or 2, which are a common place of long term or transient living for a number of unrelated people. The fact that the people are unrelated is very important for distinguishing them from class 1 or 2 buildings.

Class 3 buildings have separate sole-occupancy units that are not intended to be occupied and used on a permanent basis by related people. Some examples of class 3 buildings include:
• a boarding-house
• guest house
• hostel
• lodging-house
• backpackers’ accommodation
• residential part of a hotel or motel
• residential parts of schools

Mixed Classification Buildings
A number of different arrangements for apartment living are now available in the marketplace. In some buildings a number of units are permanently occupied by the owners and the remainder are available for short term accommodation. In this situation the mix can often change, and it may be impractical to separate the building into class 2 and class 3 parts.

To provide the desired flexibility in the buildings use it should be classified for both class 2 and 3 in accordance with Clause A3.4 of the Building Code of Australia. This means that the building and units must be fully compliant for both classifications.

Serviced Apartments
It would be possible for a building to contain serviced apartments in which the occupants of each unit are permanent residents and related to one another. In such a case it would be a class 2 building.

However, it is more likely that a building with serviced apartments (either wholly or in part) will be operated like a hotel where apartments will be available for short term accommodation by unrelated people. In these instances the building should either have dual classifications (2 and 3) or just class 3 if all of the apartments will be available.

Where a building is described by the applicant as being either class 2 or serviced apartments, a building surveyor should query the nature of the intended use and if the apartments will be available for short term accommodation by unrelated people, then the building must be classified as class 3.

On release of the final publication of the 2013 PCA it was noted that an outdated figure had been included in Section G. The figure is titled "Figure G1.5.3 - The WaterMark Certification Process" and is used for guidance only

The PCA contains the technical provisions for the design, construction, installation, replacement, repair, alteration, and maintenance of:
• Water services
• Sanitary plumbing and drainage systems
• Stormwater drainage systems
• Heating, ventilation, and air conditioning systems; and
• On-site wastewater management systems

The PCA also contains materials and product certification procedures, such as the WaterMark Certification Scheme, for certification of plumbing and drainage materials and products so that they may be authorised for their intended use.

The goal of the PCA is to enable the achievement of nationally consistent, minimum necessary standards of relevant safety, health, amenity and sustainability objectives efficiently.
This goal is applied so that:
• There is a rigorously tested rationale for the regulation; and
• The regulation is effective and proportional to the issues being addressed such that the regulation will generate benefits to society greater than the costs (that is, net benefits); and
• There is no regulatory or non-regulatory alternative (whether under the responsibility of the Board or not) that would generate higher net benefits; and
• The competitive effects of the regulation have been considered and the regulation is no more restrictive than necessary in the public interest.

Proposals to change the PCA are subjected, as applicable to a Regulatory Impact Assessment process.

The Plumbing Code of Australia (PCA) forms Volume Three of the NCC, which is produced and maintained by the ABCB on behalf of the Australian Government and State and Territory Governments. The PCA is given legal effect by enabling legislation in each State and Territory which empowers the regulation of certain aspects of plumbing and drainage installations.

The ABCB and New Zealand’s Department of Building and Housing (DBH) manage the scheme in their respective countries. The Joint Accreditation System of Australia and New Zealand (JAS-ANZ) accredits certification bodies, who in turn evaluate and certify building products. Relevant legislation requires building control authorities to accept CodeMark certified products.

Designed to encourage innovation, CodeMark supports a performance-based approach to building construction and design. Companies can apply to CodeMark certification bodies to have their products evaluated and certified as complying with the BCA, which is produced and maintained by the ABCB.

CodeMark is a building product certification scheme. The CodeMark scheme supports the use of new and innovative building products by providing a nationally and internationally accepted process for products to be assessed for compliance with the requirements of the building codes of Australia and New Zealand. The scheme provides confidence and certainty to regulatory authorities and the market through the issue of a Certificate of Conformity.

Building materials, forms of construction and designs can come under the scheme. Relevant legislation requires building control authorities to accept CodeMark certified products.

Assessment Methods are used to determine whether a Building Solution complies with the relevant BCA Performance Requirements. As shown in the Hierarchy of the Performance-Based BCA, a Building Solution can be achieved through complying with the Deemed-to-Satisfy Provisions, or by using an Alternative Solution to achieve the Performance Requirements.

The Assessment Methods described in the BCA are:

Evidence of Suitability
A2.2 in Volume One and 1.2.2 in Volume Two allow the following evidence to be submitted in support of a proposal that a material, form of construction or design meets a Performance Requirement or a Deemed-to-Satisfy Provision:
• A report from a Registered Testing Authority.
• A current Certificate of Conformity or Certificate of Accreditation.
• A certificate from a professional engineer.
• A current certificate issued by a product certification body that has been accredited by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ).
• Any other form of documentary evidence that adequately demonstrates suitability for use.

Verification Methods
Verification Methods include:
• Calculations - using analytical methods or mathematical models; and/or
• Tests - using a technical operation either on-site or in a laboratory to directly measure one or more performance criteria of a given solution.

In keeping with the flexibility provided in the performance-based BCA, practitioners are not restricted to using a listed Verification Method. Any other method may be used if the appropriate authority is satisfied that it establishes compliance with the BCA. However, in making a decision, the appropriate authority may have regard to the relevant Deemed-to-Satisfy Provisions or Verification Methods provided for in the BCA.

Comparison with the Deemed-to-Satisfy Provisions
This method permits a comparison to be made between a Deemed-to-Satisfy Provision and a proposed Building Solution. If it can be demonstrated to the appropriate authority that the Building Solution complies in an equivalent or superior way to a Deemed-to-Satisfy Provision, then it can be deemed to meet the relevant Performance Requirement.

Expert Judgement
Where physical criteria are unable to be tested or modelled by calculation, the opinion of a technical expert may be accepted. This is referred to as the use of Expert Judgement, that is, the judgement of a person who has the qualifications and experience necessary to determine whether a Building Solution complies with the Performance Requirements.

The BCA contains technical provisions for the design and construction of buildings and other structures, covering such matters as structure, fire resistance, access and egress, services and equipment, and energy efficiency as well as certain aspects of health and amenity.

The goal of the BCA is to enable the achievement of nationally consistent, minimum necessary standards of relevant safety (including structural safety and safety from fire), health, amenity and sustainability objectives efficiently.

This goal is applied so:
• There is a rigorously tested rationale for the regulation;
• The regulation generates benefits to society greater than the costs (that is, net benefits);
• The competitive effects of the regulation have been considered and the regulation is no more restrictive than necessary in the public interest; and
• There is no regulatory or non-regulatory alternative that would generate higher net benefits.

Proposals to change the BCA are subjected as applicable to a Regulatory Impact Assessment process.

In 2010, the PCA was reviewed by an NPRF and ABCB working group as part of the development of the National Construction Code (NCC), an initiative of the Council of Australian Governments (COAG) developed to incorporate all on-site construction requirements into a single code. PCA 2011 was released as Volume Three of the NCC by the ABCB on behalf of the Australian Government and each State and Territory Government.

A National Plumbing Regulators Forum (NPRF), with representatives from all States and Territories, was established in 2002 to develop a Plumbing Code of Australia (PCA). In 2004, the NPRF’s PCA 2004 was published. It was adopted in the Australian Capital Territory, Queensland, South Australia, Tasmania, and Victoria.

PCA 2004 was designed as a performance-based code and was set out to be compatible in its structure and operation with the Building Code of Australia. PCA 2004 called up, or referenced, the 2003 AS/NZS 3500 – Plumbing and Drainage series of standards, along with other relevant standards, as a means of providing Deemed-to-Satisfy solutions to the Performance Requirements.

Those jurisdictions which did not adopt PCA 2004 continued to directly regulate the use of AS/NZS 3500 or used other independently developed regulation.

Standards Australia, formerly the Standards Association of Australia, has for some time published technical standards relating to plumbing and drainage matters. In the late 1980s, several existing plumbing standards were consolidated and a set of updated Australian Standards was published in 1990 with the objective to provide: ‘acceptable technical standards for the design and installation of plumbing systems throughout Australia’. This was the AS 3500 series. Although designed as a national code, its adoption over the years following was piecemeal and it was heavily varied.

Historically, the regulation of plumbing and drainage in Australia has developed in close alignment with the State and Territory water and sewerage authorities, as they regulated for plumbing, drainage, and water supply.

Most regulations were based on British Standards requirements and developments in plumbing and drainage methods and technology.

The complexity of Australia's building regulatory system provided a legislative maze for building practitioners to work through. However, after World War II several of the States started to establish more uniform technical building requirements, and those States which delegated their primary responsibilities to municipal councils started to reclaim control. This prompted further discussion about the benefits of having a national set of building regulations.

In 1965, the Interstate Standing Committee on Uniform Building Regulations (ISCUBR) was established. ISCUBR was basically an agreement between the State administrations responsible for building regulatory matters to pool their resources for the benefit of all States. ISCUBR's first task was to draft a model technical code for building regulatory purposes. The document was referred to as the "Australian Model Uniform Building Code" (AMUBC) and was first released in the early 1970's.

The AMUBC contained proposals for both technical matters and some administrative matters which were based on the then Local Government Act of New South Wales. The intention was that States could use the AMUBC as a model for their own building regulations. However, variation from the model was considerable, with many States changing the provisions in accordance with their perceptions of local needs.

The Australian Constitution sets out the roles, responsibilities, and powers of the Australian Government. By standard convention, those matters which are not mentioned in the Constitution remain the responsibility of the States.

As the Constitution does not mention matters regarding the safety, health, and amenity of people in buildings, responsibility for them rests with the State and Territory Governments. This has led to 8 separate Acts of Parliament and 8 distinct building regulatory systems.

At various times, it has been even more complex, with some states passing on many of their building regulatory powers to their municipal councils, which effectively enacted their own building regulatory systems by way of council by-laws.

The National Construction Code (NCC), comprising the Building Code of Australia (Volumes One and Two) and the Plumbing Code of Australia (Volume Three), is a performance-based code. This means that it defines how buildings, building elements, and plumbing and drainage systems must perform to achieve the mandatory Performance Requirements. The requirements are built around a hierarchy consisting of four levels.

The benefit of having a performance-based NCC is that it provides practitioners with a strong degree of flexibility to determine the most appropriate means for demonstrating compliance with the relevant Performance Requirements.

Compliance can be shown by either:
• Complying with the Deemed-to-Satisfy Provisions;
• Formulating an Alternative Solution; or
• A mixture of Deemed-to-Satisfy Provisions and Alternative Solutions.

If compliance with the Deemed-to-Satisfy Provisions is chosen, the building solution will be deemed to have complied with the relevant Performance Requirements.

If an Alternative Solution is chosen, the practitioner must ensure that an Assessment Method is chosen which satisfactorily indicates that the Alternative Solution will meet the relevant Performance Requirements. The nature of the Assessment Method will vary depending on the complexity of the Alternative Solution.

The performance-based BCA was drafted following consideration of numerous overseas models (including the New Zealand, British, Swedish, and Dutch examples) to suit the Australian building regulatory environment. This has meant that the performance-based BCA substantially includes the technical requirements from the previous BCA90, with a 'performance hierarchy' built around them.

Hierarchy of the Building Code of Australia

The following is an explanation of the terms used and how they operate in practice.

Level One – Objectives
These represent the reason the community wants a matter regulated. They are primarily expressed in general terms, and usually refer to the need to safeguard people and protect adjoining buildings or other property. An example of an Objective from the BCA is:

“The Objective is to safeguard the occupants from injury or loss of amenity caused by inadequate height of a room or space.”

Level Two – Functional Statements
These set out in general terms how a building could be expected to satisfy the Objectives (or community expectations). An example of a Functional Statement from the BCA is:

“A building is to be constructed to provide height in a room or space suitable for the intended use.”

Level 3 – Performance Requirements
These outline a suitable level of performance which must be met by building materials, components, design factors, and construction methods in order for a building to meet the relevant Functional Statements and, in turn, the relevant Objectives.

The Performance Requirements are the core of the BCA and are the only parts of the code with which compliance is mandatory. An example of a Performance Requirement in the BCA is:

“A room or space must be of a height that does not unduly interfere with its intended function.”

Level 4 – Building Solutions
This level sets out the means of achieving compliance with the Performance Requirements. The BCA provides for two methods that can be followed to develop a Building Solution, as detailed at Levels 4a and 4b, below.

At Level 4a are the Deemed-to-Satisfy Provisions. These include examples of materials, components, design factors, and construction methods which, if used, will result in compliance with the Performance Requirements of the BCA. An example of a Deemed-to-Satisfy Provision in the BCA is:

“Ceiling heights must be not less than 2.4 metres in a habitable room.”

At Level 4b are the Alternative Solutions. The key to the performance-based BCA is that there is no obligation to adopt any particular material, component, design factor or construction method. An approval authority may still issue an approval if it differs in whole or in part from Deemed-to-Satisfy Provisions described in the BCA if it can be demonstrated that the design complies with the relevant Performance Requirement.

Hierarchy of the Plumbing Code of Australia

The performance-based PCA, as Volume Three of the NCC, is based on a similar performance hierarchy to Volumes One and Two. This provides for consistency in the operation of both the BCA and PCA.

The following is an explanation of the terms used and how they operate in practice.

Level One – Objectives
These represent the reason the community wants a matter regulated. They are primarily expressed in general terms, and usually refer to the need to safeguard people from illness, injury or loss of amenity etc. An example of an Objective from the PCA is:

“Safeguard people from illness, injury, or loss (including loss of amenity) due to the failure of a cold water installation”

Level 2 – Functional Statements
These set out in general terms how a plumbing or drainage solution could be expected to satisfy the Objectives (or community expectations). An example of a Functional Statement from the PCA is:

“Sanitary fixtures, sanitary appliances and supply outlets provided with drinking water must have safe and adequate piped cold water supply.”

Level 3 – Performance Requirements
These outline a suitable level of performance which must be met by plumbing and drainage materials, components, design factors and construction methods in order for a plumbing or drainage solution to meet the relevant Functional Statements and, in turn, Objectives. An example of a Performance Requirement from the PCA is:

“A cold water service must be designed, constructed and installed in such a manner as to provide water to fixtures and appliances at flow rates and pressures which are adequate for the correct functioning of those fixtures and appliances under normal conditions and in a manner that does not create undue noise.”

Level 4 - Plumbing or Drainage Solutions
This sets out the means of achieving compliance with the Performance Requirements. The PCA provides for two methods that can be followed to develop a plumbing or drainage solution, as detailed at Levels 4a and 4b, below.

At Level 4a are the Deemed-to-Satisfy Provisions. These include examples of materials, products, design factors, installation and construction methods which, if used, will result in compliance with the Performance Requirements of the PCA. Currently, many, though not all, of the prescriptive Deemed-to-Satisfy technical solutions which can be used to meet the requirements of the PCA are set out within the AS/NZS 3500 series of Australian Standards.

At Level 4b are the Alternative Solutions. The key to the performance-based PCA is that there is no obligation to adopt any particular design factor or construction method. A regulatory authority may still issue an approval if it differs in whole or in part from the Deemed-to-Satisfy Provisions described in the PCA if it can be demonstrated that the solution complies with the relevant Performance Requirement.

The building and construction industry has undergone significant regulatory reform over the last twenty years. A number of these reforms have related to the work of the ABCB, including:

• The creation of a single, nationally consistent Building Code of Australia (BCA), which occurred in 1992;
• The move to a performance-based BCA, which occurred in 1996; and
• The consolidation of building and plumbing regulation, resulting in the National Construction Code, which occurred in 2011.

In an effort to ascertain the benefits of a national performance-based construction code the ABCB commissioned the Centre for International Economics to quantify the impact of building regulatory reform to date and identify any past, present, or potential barriers that may be preventing the full benefits of reform being realised.

The report has now been released and estimates annual national economic benefit of $1.1billion from the suite of building regulatory reforms introduced through the ABCB over the past 20 years. The full report is found below.

The National Construction Code (NCC) is given legal effect by relevant legislation in each State and Territory. This legislation prescribes or "calls up" the NCC to fulfill any technical requirements which have to be satisfied when undertaking building work or plumbing and drainage installations.

Each State's and Territory's legislation consists of an Act of Parliament and subordinate legislation which empowers the regulation of certain aspects of building work or plumbing and drainage installations and contains the administrative provisions necessary to give effect to the legislation.

Administrative provisions typically covered in the enabling or subordinate legislation include:
• Plan submission and approval procedures
• Issue of permits
• Inspections and audits
• Provision of evidentiary certificates
• Issue of certificates
• Review and enforcement of standards
• Fees and charges

The National Construction Code (NCC) is produced and maintained by the Australian Building Codes Board (ABCB) on behalf of the Australian Government and each State and Territory Government.

The NCC is a uniform set of technical provisions for building work and plumbing and drainage installations throughout Australia whilst allowing for variations in climate and geological or geographic conditions. The NCC comprises the Building Code of Australia (BCA), Volume One and Two; and the Plumbing Code of Australia (PCA), as Volume Three.

The National Construction Code (NCC) is an initiative of the Council of Australian Governments (COAG) developed to incorporate all on-site construction requirements into a single code. The NCC comprises the Building Code of Australia (BCA), Volume One and Two; and the Plumbing Code of Australia (PCA), as Volume Three.

• Volume One: pertains primarily to Class 2 to 9 buildings.
• Volume Two: pertains primarily to Class 1 and 10 buildings.
• Volume Three: pertains primarily to plumbing and drainage associated with all classes of buildings.

All three volumes are drafted in a performance format allowing a choice of Deemed-to-Satisfy Provisions or flexibility to develop Alternative Solutions based on existing or new innovative building, plumbing and drainage products, systems, and designs.

To assist in interpreting the requirement of Volume One, the ABCB also publishes a non-mandatory Guide to Volume One each year. For Volumes Two and Three, clearly identified non-mandatory explanatory information boxes are included in the text to assist users.

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