Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 109

109 What is a BCA classification or use change to a building

(1) A
"BCA classification or use change" to a building is—

(a) a change to the use for which the building was designed, built or adapted to be used if—

(i) the change of use alters its BCA classification; or

(ii) the change of use does not alter its BCA classification but the new use requires building work to be carried out for the building to comply with any relevant building assessment provisions applying to the new use; or

Example of BCA classification or use change for paragraph (a)(ii)—

a change in the use of a class 7b warehouse to an occupancy of excessive hazard by storing combustible cartons above 4m in height or more than 1,000m 3 of combustible cartons

(b) if, under section 103 (e) , a certificate of occupancy for the building states a restriction on its use or occupation—a change in circumstances that affects the way the building complies with the restriction.

Example of BCA classification or use change for paragraph (b)—

a change in the nature or quantity of materials displayed, stored or used in a building that increases the risk to life or safety, requiring building work to be carried out to comply with the BCA

(2) However, a
"BCA classification or use change" does not include a change of use that alters a building’s BCA classification if the alteration happens only because of an amendment to building classifications under the BCA made after—

(a) if there is a certificate of occupancy for the building—the certificate was given; or

(b) otherwise—the building was first used or occupied.