14. Frequently asked questions (building certifiers)
To help you understand how Brisbane City Plan 2014 applies to development in Brisbane, Brisbane City Council has
provided answers to the most frequently asked questions from building certifiers.
How do I read/navigate the tables of assessment?
There are four key steps to follow when navigating the tables of assessment in Brisbane City Plan 2014 (see Figure 1).
Figure 1: Navigating the plan – key steps
Part 1.5 of Brisbane City Plan 2014 sets out the hierarchy of assessment criteria as:
Where there is inconsistency between provisions in the planning scheme, the following rules apply:
(a) the strategic framework prevails over all other components to the extent of the inconsistency;
(b) statewide codes prevail over all other components (other than the strategic framework) to the extent of the
inconsistency;
(c) overlays prevail over all other components (other than the strategic framework and statewide codes) to the extent of
the inconsistency;
(d) neighbourhood plan codes prevail over zone codes, use codes and other development codes to the extent of the
inconsistency;
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(e) zone codes prevail over use codes and other development codes to the extent of the inconsistency;
(f) provisions of Part 10 may override any of the above.
Why does ‘the code’ not tell me if I need a development application?
Brisbane City Plan 2014 groups all level of assessment tables in Part 5. First, determine the level of assessment (see
Figure 1 for guidance). You will then be able to determine the assessment criteria, such as codes, which apply.
What is the difference between the Dwelling house character overlay and the Traditional building character
overlay?
The Dwelling house character overlay affects residential zones within Brisbane and aims to protect the residential
character and amenity of these areas. This overlay means that a new dwelling house or an extension to a dwelling
house may be self-assessable or code assessable against the Dwelling house code or Dwelling house (small lot) code
of Brisbane City Plan 2014.
The Traditional building character overlay is similar to the superseded Brisbane City Plan 2000 Demolition Control
Precinct. It aims to retain residential buildings constructed in 1946 or earlier and ensure that new building work reflects
and strengthens the traditional building character in the area. A new dwelling house in the Traditional building character
overlay will require a development application to Council.
What building work is exempt against the Dwelling house (small lot) code?
There are exemptions for building work on small lots (less than 450m2). These exemptions are listed in Table 5.3.4.1 –
Prescribed exempt development in Part 5 of Brisbane City Plan 2014. If the proposed building work is listed in Table
5.3.4.1, under the ‘Dwelling house on a small lot’ heading, the proposal is prescribed exempt. Please note the proposed
works may still require a development application in the zone, neighbourhood plan or any other overlay affecting the
property.
What building work is exempt in the Traditional building character overlay?
There are exemptions for building work within the Traditional building character overlay. These exemptions are listed in
Table 5.3.4.1 – Prescribed exempt development in Part 5 of Brisbane City Plan 2014. If the proposed building work is
listed in the table, under the ‘Minor building work’ heading, the proposal is exempt against the Traditional building
character (design) overlay code. Please note the proposed works may still require a development application in the
zone, neighbourhood plan or any other overlay affecting the property.
How do I deal with minor demolition and extensions to a dwelling house in the Traditional building character
overlay?
Exemptions are identified in Part 5, section 5.3.4 of Brisbane City Plan 2014. Where the building work is not listed in
section 5.3.4, check how building work is triggered in Part 5.3 Levels of assessment tables for the zone, any applicable
neighbourhood plan and overlays.
Does a new dwelling house in the Bushfire overlay trigger a development application to Council and
assessment against the Bushfire overlay code?
A new dwelling house within the Bushfire overlay will not trigger assessment against the Bushfire overlay code of
Brisbane City Plan 2014 (as set out in Table 5.10.5 – Levels of assessment for Bushfire overlay). The Bushfire overlay
code is triggered for a material change of use other than for a dwelling house. Note that Table 1.7.1 designates the
bushfire prone area for AS 3959-2009 for the purpose of section 32(a) of the Building Act 1975 and section 12 of the
Building Regulation 2006.
What setbacks are applicable for corner (small lots)?
Corner lots have two frontages (primary and secondary), two side boundaries and no rear boundary. Setbacks
applicable are the primary street frontage, secondary street frontage and side setbacks.
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Which one is the primary and which one is the secondary street frontage on a corner lot?
The primary street frontage is that which is most commonly addressed by other buildings in the block. This is effectively
the street frontage that the majority of houses in that street front or ‘face’. It is designed to ensure development is
consistent with and complements the built form and front boundary setbacks prevailing in the street.
In some instances, the specific street context and the configuration of the specific corner lot may mean determining
primary frontage is achievable in the manner set out in the acceptable outcome, and compliance with the performance
outcome would be required.
Is the proposed development building work or a material change of use?
Brisbane City Plan 2014 deliberately relies on the definitions of building work and material change of use in the
Sustainable Planning Act 2009, as outlined below.
Building work:
(a) building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a
building or other structure; or
(b) work regulated under the building assessment provisions, other than IDAS; or
(c) excavating or filling:
(i) for, or incidental to, the activities mentioned in paragraph (a); or
(ii) that may adversely affect the stability of a building or other structure, whether on the land on which the
building or other structure is situated or on adjoining land; or
(d) supporting (whether vertically or laterally) land for activities mentioned in paragraph (a).
Material change of use:
(a) the start of a new use of the premises; or
(b) the re-establishment on the premises of a use that has been abandoned; or
(c) a material increase in the intensity or scale of the use of the premises.
For the majority of cases for a dwelling house, a material change of use application is required if it is a new dwelling
house, otherwise it is considered building work. However, this does not apply to all proposals. There is no substitute for
reading the context of Part 5 of Brisbane City Plan 2014 (tables of assessment) for a material change of use and
building work for the zone, any applicable neighbourhood plan and all overlays. Ensure you read both the material
change of use and building work tables of assessment. Please note that an exemption in Table 5.3.4.1 - Prescribed
exempt development is only for the type of building work stated (e.g. the dwelling house on a small lot exemption does
not apply to a material change of use).
Do I trigger a development application for a new dwelling house or extension to a dwelling house if the property
is affected by an overland flow path (Flood overlay–Overland Flow only)?
No - if the proposal complies with all self-assessable acceptable outcomes of Section A of the Flood overlay code.
Yes - if the proposal does not comply with all self-assessable acceptable outcomes of Section A of the Flood overlay
code.
PLEASE NOTE: The proposed works may still trigger an application in the zone, any applicable neighbourhood plan or
any other overlay affecting the property. The advice above relates strictly to where a property is affected by an overland
flow path on the Flood overlay and a new dwelling house or extension to a dwelling house is proposed.
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Do pools trigger a development application in the Traditional building character overlay, Waterway corridor
overlay and Flood overlay?
Where the abovementioned overlays appear to trigger a development application to Council, the customer should write
to the Manager, Development Assessment, GPO Box 1434, Brisbane QLD 4001 or email
dalodgement@brisbane.qld.gov.au to ask if a code assessable development application is required.
What does the Transport noise corridor overlay mean?
This overlay deals with areas of land identified as being affected by transport noise as established under Chapter 8B of
the Building Act 1975. It may include areas of land affected by noise from State-controlled roads, franchised roads, local
government controlled roads and railway land.
Residential development on land located within a transport noise corridor must comply with Queensland Development
Code MP 4.4 - Buildings in a Transport noise corridor. Refer to Part 8 in Brisbane City Plan 2014.
This overlay does not alter the level of assessment for a dwelling house and does not trigger additional assessment
criteria for a dwelling house in accordance with Table 5.10.23 – Levels of assessment for Transport noise corridor
overlay of Brisbane City Plan 2014.
My proposed development (new house) is within the Biodiversity areas overlay, but I don’t appear to have an
approved development footprint plan. Will my proposed development trigger a development application to
Council?
There are two things to consider when determining the level of assessment for a development in the Biodiversity areas
overlay. Firstly, determine if the development is located in the mapped overlay (the development needs to be partially or
wholly in the mapped overlay to trigger assessment).
Secondly, determine whether the site has a Development Footprint Plan (DFP) (usually determined at subdivision stage
and may be found via the online history file request). If a DFP is approved on the site and the development is within the
DFP, the development will not trigger assessment against the Biodiversity areas overlay.
However, if there is no DFP on the site, it is determined that the development is outside an approved DFP and the
development will trigger a code assessable development application to Council.
It is important to note for the purpose of this provision, an existing lot in the Low density residential zone, the Lowmedium density residential zone, the Medium density residential zone or the Character residential zone is deemed to
have an approved DFP with an area no greater than 1000 m2.
More information
For more information about City Plan visit www.brisbane.qld.gov.au and search for Brisbane City Plan 2014,
email the project team at newcityplan@brisbane.qld.gov.au or phone Council on (07) 3403 8888.
Disclaimer: The content of this guide is a summary and has been prepared to assist the reader to understand Brisbane
City Plan 2014. Please refer to the full City Plan document, entitled Brisbane City Plan 2014 on Council’s website for
further detail.
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