Background

The Queensland Building and Construction Commission and Other Legislation Amendment Regulation (No. 1) 2015(Qld) (amending regulation) amends the Queensland Building and Construction Commission Regulation 2003 (Qld) in line with amendments to the respective Acts which implement the third stage of the government's Ten Point Action Plan.

Outline/Key provisions/Key changes

By way of background, the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 (Qld) repealed the Domestic Building Contracts Act 2000 (Qld) and inserted a new Schedule 1B into theQueensland Building and Construction Commission Act 1991 (Qld) which governed domestic building contracts. Schedule 1B will commence on 1 July 2015.

This new schedule introduces two levels of domestic building contracts – Level 1 and Level 2. These levels relate to the value of the domestic building work.

  • A Level 1 regulated contract is a domestic building contract (or cost plus or mixed-purpose contract) for an amount greater than the regulated amount of $3,300.
  • A Level 2 regulated contract amount of $20,000. A Level 2 regulated contract is defined as a domestic building contract for an amount greater than the Level 2 regulated contract amount of $20,000.

The amending regulation also clarifies the meaning of 'home' for the purpose of the new schedule. Buildings that will not be considered to be homes include:

  • guesthouses or hostels
  • motels, residential clubs or hotels, or residential  parts of licensed premises or serviced apartments
  • hospitals, nursing homes, aged care homes, or retirement villages, or residential premises associated with a hospital or educational institution
  • residential premises specifically set aside as a place where specialised care services are supplied to children or disabled persons residing at the place
  • prisons
  • caravans.