HG Paper: ‘Ban the banners’ provisions of the Buildings Act 1975 (Community Titles Schemes) - Aug 2010

The Building and Other Legislation Amendment Act 2009 resulted in amendments to the Building Act 1975, which were effective from 1 January 2010.

Among other things, including requiring the mandatory use of a sustainability declaration at the point of sale for houses, townhouses and units, the Building and Other Legislation Amendment Act 2009 contained provisions which aimed to stop bodies corporate and developers from restricting the use of sustainable and affordable design features such as light coloured roofs, single garages, smaller houses and solar hot water systems.

These provisions are contained in part 2 of chapter 8A of the Building Act 1975 and are referred to throughout this paper as the Sustainability Provisions. The property industry has labelled the part of this legislation that aims to prevent bodies corporate and developers from restricting certain sustainability and affordable design features as the "ban the banners" legislation.

The rationale for the introduction of the Sustainability Provisions by the State Government was that:

  • it would help Queenslanders reduce their carbon footprint by allowing home owners and builders to choose sustainable building features and designs; and
  • the new laws would impact positively on housing affordability by allowing owners to choose home sizes and materials that suit their needs, and sustainable building practices would also help reduce ongoing operational energy costs.

However, as outlined below, industry bodies have not welcomed the new laws.

This paper outlines the key terms of the Sustainability Provisions, identifies when the provisions will apply, and gives some examples of how the legislation will work.

Please click the Download PDF button to download this paper.