Building Act 1975 (Qld): the building control framework
The Building Act 1975 is Qld's building-control law: building development approvals, private building certifiers, certificates of occupancy, and enforcement via the QBCC.
Ask Chalkline about this →The Building Act 1975 (Qld) is the Queensland law that controls building work: it sets up building development approvals, the role of building certifiers and pool safety inspectors, building classification, certificates of occupancy, and enforcement. It is the framework a Queensland builder works under, residential and commercial, and it works alongside the QBCC Act 1991, which handles licensing and consumer protection.
What it sets up
- Building development approval: the Queensland term for what other states call a building permit. You cannot lawfully start assessable building work without one.
- Building certifiers: the people who assess building work against the NCC and the Act, and decide building applications. In Queensland this is overwhelmingly private certification, see below.
- Certificates of occupancy and final inspection certificates: the completion documents (covered below).
- Pool safety: pool safety inspectors and the pool safety certificate regime sit in this Act.
- Enforcement: powers around non-compliant and dangerous building work.
The QBCC, the statutory body established under the QBCC Act 1991, administers the certification and pool-safety provisions of the Building Act 1975 (verified 2026-05-25). So the two Acts run together: the Building Act 1975 is the building-control law; the QBCC Act 1991 is the licensing, contracts, and home-warranty law.
Private certification is the Queensland model
The defining feature for a builder new to Queensland: most building approvals are issued by private building certifiers, not the council. Local governments have largely withdrawn from in-house certification, so a private certifier (class A) typically acts as the assessment manager for a building development application, assesses the work, and issues the approval and the completion certificate.
This is a different setup from states where the council or a permit authority is the default decision-maker, and it puts the certifier at the centre of the Queensland building-approval process.
Completion: certificate of occupancy vs final inspection certificate
When the work is finished and the certifier is satisfied the final stage complies with the approval:
- Certificate of occupancy: required for the relevant building classes (broadly Class 2 to 9). Buildings approved since the mid-1970s are expected to hold one.
- Final inspection certificate (Form 21): the completion document for houses (Class 1) and Class 10 work, issued by the certifier on a satisfactory final inspection.
There is also an enforcement handover worth knowing: the private certifier is the enforcement authority for the building work until the final inspection certificate or certificate of occupancy is given; after that, the local government becomes the enforcement authority.
Where it sits among the Queensland laws
- Building Act 1975: building control, approvals, certifiers, occupancy, pool safety (this Act).
- QBCC Act 1991: builder and trade licensing, domestic building contracts, dispute resolution, and the home warranty scheme. Owner-builder permits are a QBCC function.
- Planning Act 2016: the planning approval (where one is needed), a separate process from the building approval (see Qld DA process).
It is the Queensland counterpart to NSW’s EP&A Act plus Home Building Act, and Victoria’s Building Act 1993.
For a builder
- No building development approval, no start. Assessable building work needs the approval before you begin.
- Your certifier is central. In Queensland a private building certifier assesses and decides the application and issues the completion certificate; engage one early.
- Know your completion document. Houses get a Form 21 final inspection certificate; other classes get a certificate of occupancy. Do not hand over without it.
- Two Acts, two jobs. Building Act 1975 = building control and certification; QBCC Act 1991 = your licence, your contract rules, and home warranty. Keep them straight.
Also known as: Building Act 1975 Qld, Queensland Building Act, Building Act 1975.
Related
See also
Last updated: 2026-05-25. Verified: 2026-05-25. Quarterly review for currency.