4. Guide to student accommodation Brisbane City Plan 2014 (City Plan) has been developed by Brisbane City Council in consultation with the community to support a simple, fast and clear development assessment process. The plan guides how land in Brisbane can be used and developed to support economic growth, while protecting our city’s enviable way of life. Brisbane City Plan 2014 replaces Brisbane City Plan 2000. Examples of residential uses that are not rooming accommodation include: This factsheet provides information on how City Plan regulates student accommodation and when development and building approvals are needed. dwelling houses short-term accommodation Council recognises that accommodation for local and international tertiary students is important for our city’s economy. City Plan makes it easier to provide accommodation for visiting students that is safe, close to education campuses and well-integrated within residential neighbourhoods. multiple dwellings. When does a house become a rooming accommodation use? A premises leased by several people, each under a rooming accommodation agreement, is considered to be several discrete households under Brisbane City Plan 2014 and the Residential Tenancies and Rooming Accommodation Act 2008. What is student accommodation? Student accommodation, along with other types of boarding or hostel accommodation, falls under the broader definition of rooming accommodation. Rooming accommodation is the use of residential premises for the accommodation of one or more households where each resident: Under City Plan, a dwelling house can only be occupied by one household. As such, a house occupied by tenants under a rooming accommodation agreement cannot be defined as a dwelling house, and must be approved for rooming accommodation use. has a right to occupy one or more rooms Do I need to lodge an application for student accommodation? To find out if you need to lodge an application for student accommodation (i.e. rooming accommodation), you can assess your proposed development against criteria outlined in the Rooming accommodation code, Section 9.3.19 of City Plan. does not have a right to occupy the whole of the premises in which the rooms are situated may be provided with separate facilities for private use may share communal facilities or communal space with one or more of the other residents. To make things easier for rooming accommodation providers, Council has identified a number of criteria which, if met, mean that you may not need to submit a planning application. This is referred to as being selfassessable. The use may include: rooms not in the same building onsite provision of food or other services To be self-assessable, the development must accommodate no more than five people in the dwelling (including any secondary dwelling on the same lot), and must provide*: onsite management or staff and associated accommodation. Examples of rooming accommodation include: two onsite parking spaces off-site student accommodation acceptable standards of health, safety and amenity for residents and allow for the safe evacuation of occupants (satisfying MP 2.1 and MP 5.7 of the Queensland Development Code will address these criteria) boarding houses hostels. 1 no more than one meter box, one letter box and three bins where located in a former Class 1a building (houses and townhouses) residents of new developments where a development application is made to Council after 31 March 2015. screened bin storage for three bins. Building approval Building approval is separate from planning approval. Private building certifiers are responsible for building approvals and must lodge all relevant building approval and certification documentation with Council. * Refer to the Rooming accommodation code in City Plan for the full list of criteria that must be satisfied to establish a rooming accommodation use. The standards above ensure that student accommodation fits seamlessly into residential neighbourhoods and has good levels of fire and evacuation safety. If the proposed development does not meet all of these requirements, you will need to lodge a development application. New development accommodating six people or more requires development approval and is only encouraged in the Medium and High density residential zones, or on a site that does not adjoin a dwelling house in the Low medium density residential zone. Preferred locations City Plan allows for rooming accommodation for a maximum of five people in the Low density and Character residential zones. Buildings in these zones must have the appearance of a dwelling house occupied by a single household and must be used for domestic purposes. The Rooming accommodation code is used for self-assessable development where there is no increase in gross floor area. The Dwelling house code or Dwelling house (small lot) code is also used with the Rooming accommodation code where there is an increase in gross floor area or is otherwise assessable development. Development accommodating six people or more is encouraged in the Medium and High density residential zones, all Centre zones, Specialised centre (Major education) zone precinct and the Mixed use zone. Rooming accommodation in the residential zones must be located within easy walking distance of highfrequency public transport and a higher education campus or teaching hospital. The Multiple dwelling code or Centre or mixed use code, in addition to the Rooming accommodation code, is used to assess new development. Self-contained rooming accommodation Rooms with separate facilities for private use must provide a higher rate of parking. Managing amenity expectations Rooming accommodation must be consistent with the amenity and residential density expectations of the relevant zone and must minimise impacts on neighbouring dwellings and other sensitive uses. Future residents of new student accommodation within traffic and parking permit areas will not be eligible for an on-street parking permit so it is important that adequate onsite carparks are provided. This change will apply to Buildings used for rooming accommodation must comply with the applicable building code to meet the necessary standards of health, safety and amenity for occupants. The property owner is responsible for ensuring the building meets the requirements for its classification. Detached houses are Class 1a buildings and must only be used by a family or other single household group. Other residential uses such as rooming accommodation (which includes student accommodation) are not appropriate in these types of buildings. If an existing Class 1a building is being used for rooming accommodation, it must be assessed and approved by a private building certifier to remain fit for use and occupation. Additional requirements may then be imposed to boost structural integrity, fire safety and resistance, disability access and other aspects of health and amenity. Enforcement for planning or building compliance It is an offence to make changes to a building without the relevant planning or building approvals. This includes using or occupying a building that fails to comply with the necessary building code requirements. Council monitors and enforces these requirements as part of its development and building laws. If an existing dwelling is being used in contravention of the Rooming accommodation code, or if changes are made without the necessary approvals (including from a building certifier), Council may take action to ensure the wellbeing of occupants is not compromised. The safety of occupants is a serious matter and Council will apply zero tolerance to suspected non-compliance with planning, building and fire safety requirements. Student accommodation register Council recognises the importance of Brisbane’s private sector in providing rooming accommodation for students. Council is therefore implementing a register for student accommodation. This recognises good practice and encourages responsible property owners to continue to provide students with good-quality, private, rented accommodation. By joining the register, property owners show that they are committed to maintaining their property and offering good-quality student accommodation. Those that register will benefit from the following. The opportunity to resolve minor compliance and nuisance issues without formal Council intervention in the first instance. 2 Improved customer satisfaction with the services they receive from Council. Quicker access to Council information. The opportunity to work with Council to ensure their property meets building, planning and other requirements to avoid penalties. Council will write to property owners that it believes are providing rooming accommodation and encourage them to register. To register, property owners must first nominate a person responsible for the day-to-day maintenance and operation of the property. This person, for example the property owner, property manager or real estate agent, will be the key contact for any issues that arise. Council will deal with this person initially, rather than using more formal process. Council appreciates industry support in this matter and hopes to collaborate further with industry representatives and owners of student rooming accommodation in the future. More information For more information about City Plan visit www.brisbane.qld.gov.au and search for Brisbane City Plan 2014, or phone Council on (07) 3403 8888. Disclaimer: The content of this information sheet is a summary and has been prepared to assist the reader to understand City Plan. Please refer to the full City Plan document, entitled Brisbane City Plan 2014, on Council’s website for further detail. Owners can then complete an online form on Council’s website. The form must include the following details: the address of the property confirmation that students are being accommodated under separate tenancies the number of residents at the property details of the nominated person responsible for the day-to-day maintenance and operation of the property, i.e. name, phone number and email address. 2