The Banana Shire Council has a number of functions with respect to building work in the Banana Shire:
- the provision of general advice about building related matters
- the provision of certification services (building approvals and inspections)
- regulatory function (statutory obligations under the Planning Act 2016 & Building Act 1975)
- Building Certification
- Transport Noise Corridor
- Swimming Pools
- Regulatory Function
- Concurrence Agency Assessment
- Building Over and Near Relevant Infrastructure
- Building Records Search
Development Approvals for Building Works must be obtained before commencing any building work (unless the work is exempt or self assessable development under the Building Regulation 2006) including alterations or additions to existing structures, erection of carports, outdoor areas, shade sails, gazebos, swimming pools & swimming pool fences, spas, certain retaining walls, shipping containers and the like.
A Development Application for Building Works is required to be submitted to a Building Certifier (Private Certifier or the Banana Shire Council) for most building works undertaken within the Banana Shire. An application usually consists of the mandatory Application Forms, plans, reports and the relevant application fee.
To determine if your building work requires a development approval or to utilise Council's building certification service please contact the Banana Shire Council (07) 4992 9500 or email@example.com.
Application Forms for Building Works (DA Form 2) are available via DA Forms.
A number of Fact Sheets have been prepared to assist the public in understanding the requirements for particular development types and are available below:
Mandatory Part (MP) 4.4 of the Queensland Development Code (QDC) commenced on 1 September 2010 and applies to building work for the construction or renovation of a residential building in a designated transport noise corridor. MP4.4 seeks to ensure that the habitable rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor are designed and constructed to reduce transport noise. Transport noise corridor means land designated under Chapter 8B of the Building Act 1975 as a transport noise corridor.
Information about transport noise corridors is available at State and Local Government offices. A free online search tool can be used to find out whether a property is located in a designated transport noise corridor. This tool is available at the Department Infrastructure, Local Government and Planning website and allows searches on a registered lot number and/or property address to determine whether and how the QDC applies to the land.
If you are considering installing a spa or swimming pool, please ensure that you check if there are any requirements for fencing and building approvals. You will find that for most installations, a fence will be required and a development approval must be obtained for the pool or spa (including the fence) before any work commences or the swimming pool or spa is filled with water.
For more information on swimming pool and fence requirements in Queensland please visit Swimming Pools.
Regulatory functions include a number of roles and responsibilities discharged to local government under State legislation:
- Siting concession assessments (boundary dispensation)
- Amenity & aesthetic considerations
- Complaint investigations
- Illegal building work investigations
- Compliance inspections of certain building works (e.g. budget accommodation, residential services)
- Swimming pool fence compliance inspections
- Compliance & building record searches
- Record keeping functions (e.g. Private Certifier documentation)
The Banana Shire Council has jurisdiction as a referral agency (concurrence) for certain Development Applications for Building Work including:
- Amenity & Aesthetic Impact (Sustainable Planning Regulation 2009, Schedule 7, Table 1, item 17) – i.e. removal dwellings in residential zones
- Design & Siting (Sustainable Planning Regulation 2009, Schedule 7, Table 1, items 19, 20, 21) – i.e. non-compliance with the Queensland Development Code
- Removal or Rebuilding (Sustainable Planning Regulation 2009, Schedule 7, Table 1, item 25) – i.e. house re-site.
Your building certifier is required to advise you to refer your application to Council when the local government is triggered as a referral agency under Schedule 7 of the Sustainable Planning Regulation 2009. Alternatively, you may seek a referral decision prior to lodging a Development Application for Building Work.
This form is relevant for requests for concurrnence agency assessments - Concurrence Agency Assessment
From the 1st November 2013, building work over or near relevant infrastructure such as Sewer, Water or Stormwater mains is to be assessed against the Queensland Development Code Part MP1.4 – Building over or near relevant infrastructure. This means that providing the proposed building work complies with the acceptable solution of the Queensland Development Code, consent from the service provider (Council) is not required. However if the proposed work does not comply with the acceptable solutions then Council becomes a concurrence agency and will assess the proposal against the performance criteria of the Queensland Development Code.
These requirements apply to Dwellings or Units of Class 1 classification, and sheds, carports, or other structures of Class 10 classification, which essentially, if built more than 1.2m from the service is acceptable, providing it meets all the other acceptable solution requirements. For example not imposing any loads on the service, or the service is of a size outside those set under the Queensland Development Code section A1 and section A2.
For all other Classes of buildings they are to be referred to Council if the proposed building work is within 10 metres of the service.
If an assessment against the Performance Criteria is required, Council has an application for Concurrence Agency Assessment Form that outlines the documentation required when lodging an application to build over, or near, relevant infrastructure. The application must be accompanied by the fee as listed in Council's scheduled fees and charges.
Further information can be obtained from the Department of Housing and Public Works website or by contacting Council's Development and Environmental Services on (07) 49929500 or by email to firstname.lastname@example.org.
Building searches can provide written advice about Approved Building Applications. This includes all building approvals issued for the property, approval number, approval date and final inspection date. Any outstanding building & plumbing requisitions registered against the property are also included. This search does not include a physical inspection of the property. It includes copies of plans, approvals and final inspection certificates for any buildings on the property.
If you find that the property has an extension or alteration or addition that does not appear on the building search, ask your solicitor to discuss the issue with the vendor.
To request a Building Records Search complete and return this form to Council Building Records Search.