Projects and Property

23 April 2010

ALERT - A welcome change to Ban the Banners

In December 2009 we distributed a focus article considering the provisions of the Building and Other Legislation Amendment Act 2009 (Act). The Act, particularly the controversial ‘ban the banners’ provisions were poorly received by the property industry and blamed as a source of decline in industry confidence.

Following significant pressure for reform from the property industry and the community, the Minister for Infrastructure and Planning, the Honourable Stirling Hinchcliffe MP has responded with substantial amendments to the ‘ban the banners’ provisions for debate in Parliament under the new Building and Other Legislation Amendment Bill 2010 (New Bill).

The most welcome changes of the New Bill are those changes which will delete the current provisions relating to:

• prohibiting occupation of a building before particular landscaping, fencing and driveways or similar work are completed
• prohibiting construction of a building within a particular timeframe
• requiring a minimum roof pitch, and
• prohibiting the use of specific material or type of surface finish for the roof or external walls of a building.

The New Bill prohibits covenants requiring the orientation of a building on a parcel in a particular way only if the covenant would have the effect of a less energy efficient building.

The New Bill makes no changes to the existing prohibitions related to minimum floor areas, minimum number of bathrooms or bedrooms or the solar hot water systems, photovoltaic cells and energy efficient windows.

These changes are certainly a step in the right direction in assisting property developers and bodies corporate to establish and maintain quality developments in Queensland. The New Bill is expected to be in place later in 2010.

For more information please contact Ian Hazzard on 07 3233 8976 or Cherie Leatham 07 3233 8867.