Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 246O

246O Prohibitions or requirements that have limited or no force or effect

(1) This section applies to a relevant instrument that, but for this section, would have the effect of—

(a) prohibiting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or

(b) prohibiting—

(i) the use in a prescribed building of a window that is energy efficient; or

(ii) the treatment of a window in a prescribed building to ensure the window is energy efficient; or

(c) requiring—

(i) a minimum floor area for a class 1a building, but not a minimum frontage unless the requiring of a minimum frontage has the effect of construction of a less energy efficient building; or

(ii) a minimum number of bathrooms or bedrooms for a class 1a building; or

(iii) a class 1a building or an enclosed class 10a building attached to a class 1a building to be orientated on a parcel of land in a particular way, if orientating the building in the particular way would have the effect of construction of a less energy efficient building; or

(d) prohibiting the installation of a solar hot water system or photovoltaic cells on the roof or other external surface of a prescribed building.

(2) For a prohibition or requirement mentioned in subsection (1) (a) to (c) , the relevant instrument has no force or effect to the extent of the prohibition or requirement.

(3) For a prohibition mentioned in subsection (1) (d) , the relevant instrument has force or effect only to the extent—

(a) the prohibition applies to the roof or other external surface that is common property of the prescribed building; and

(b) the prohibition—

(i) is necessary to preserve the building’s structural integrity; or

(ii) if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or

(iii) if the prohibition relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building.