Building work

Dangerous or hazardous situations relating to swimming pools are an urgent matter. Please call council's development services.

In the first instance, for swimming pool construction issues you should contact the responsible private building certifier.

There are strict laws about pool safety barriers. All swimming pools capable of being filled with 300mm of water or more, must have a development permit for building work and a compliant safety fence. This includes:

• indoor pools
• spa pools (including spas fitted with a lockable lid or cover), and
• all portable swimming pools.

Read more about swimming pools and spas.

In the first instance; for carport issues, you should contact the responsible private building certifier.

To build a carport, first you need a development permit for building work from a private building certifier. You can search Development.i for basic information about recent development permits for building work on the Sunshine Coast. This includes details of the responsible certifier.

The Sunshine Coast Planning Scheme 2014 has requirements relating to location, height and size of carports.

Read more about carports.

Class 10 buildings and structures are non-habitable buildings under the Building Code of Australia (BCA). They are not permitted for residential purposes without a development permit for building work. This includes structures like:

• bali huts and cabanas
• garden and storage sheds
• garages
• pergolas and gazebos
• patios.

You need a building approval from a private certifier to change the use of class 10 non-habitable buildings to class 1 habitable buildings. Your certifier should be able to advise you on development and plumbing approval requirements.

In limited circumstances, you can build class 10 buildings and structures without a development permit. This is called 'accepted development' (self-assessable). Strict conditions apply. You can view the full list of accepted development building work in Schedule 1 of the Building Regulation 2021 .

In the first instance; for any building work issues, you should contact the responsible private building certifier.

You can search Development.i for basic information about recent development permits for building work on the Sunshine Coast. This includes details of the responsible certifier.

You generally don't need a permit to build a fence up to two (2) metres high above the fences natural ground surface.

Before submitting any concerns please read councils information about fences and retaining walls.

Fences

You must have a development approval from a private building certifier if your fence:

• exceeds 2m high above the fences natural ground surface
• is part of a swimming pool barrier.

Retaining walls

You must have a development approval from a private building certifier if your retaining wall:

• exceeds 1m high
• regardless of its height, is located closer that 1.5m to a building or to another retaining wall
• regardless of its height, is subject to surcharge loading. For example, loading on the wall caused by a concrete slab, building or footing
• is part of a swimming pool barrier.

Dividing fences and retaining walls

Sharing costs for design, construction and maintenance of dividing fences and retaining walls is a civil matter between neighbours. Typically, the property owner who creates the requirement for a retaining wall is responsible for the cost of constructing and maintaining the wall.

The Neighbourhood Disputes Resolution Act 2011 provides ways for neighbours to resolve disputes. The State Government regulates these matters.

Council may investigate fences and retaining walls where:

• The wall or fence is dangerous. For example if it could collapse or become airborne in high winds
• The wall or fence is dilapidated
• The wall or fence forms part of a required pool safety barrier.

Council regulates noise from building works or construction sites.

Noise is acceptable from building work, including site deliveries between 6:30am-6:30pm on a business day or Saturday. Noise is not permitted at any time on any other day (including public holidays).

If for safety purposes you must undertake the work outside of hours you can apply for a permit under Local Law 1 (Administration) 2011.

Council recommends prior to lodging a complaint, you take steps to try and resolve the issue with the person causing the noise.

Read more about noise nuisances.

Material stripped from building sites must be stockpiled on the site or legally disposed of. 

Illegal dumping is the unlawful disposal of any type of waste material that is 200 litres or more in volume. This is about the volume of a wheelie bin.

All waste produced as a result of building works must be contained entirely on the building site. This includes materials that can be windblown, sediment and site stormwater runoff.

Vehicles leaving the site must not deposit litter and should have their loads secured. This includes sand, silt, mud on tyres and material being moved off site.

In many cases, recently completed building work is subject to Queensland Building and Construction Commission (QBCC) warranty and defects legislation.

Contact QBCC for minor building work matters not involving risk to people or property.

Dangerous or hazardous situations relating to unsafe structures are an urgent matter. Call council's development services.

Property owners are responsible for maintenance and upkeep of their properties. Often failing structural elements can be hidden from view. A thorough inspection by a suitably qualified building practitioner can detect issues before they fail.

Council recommends prior to lodging a complaint, you take steps to try and resolve any issue directly with the property owner. Persons performing building work, excavation or filling are legally obliged to ensure the work does not cause damage to adjoining buildings or land.

Structures like shop front awnings can deteriorate, posing a safety risk to the public. Under the Building Act 1975 council can take enforcement action, including requiring the structure to be repaired, secured or demolished.

Report damage caused by building work not involving risk to people or property to QBCC.

Private building certifiers and property owners are legally obliged to ensure disability access and facilities comply with the:

• Building Code of Australia, and
• Disability (Access to Premises - Buildings) Standards 2010.

It is a breach of the Disability and Discrimination Act 1992 and the Building Act 1975 to be non-compliant.

In the first instance, for disability access issues relating to building work, you should contact the responsible private building certifier.

You can search Development.i for basic information about recent building permits on the Sunshine Coast. This includes details of the responsible certifier.

Construction of stormwater systems is included with a development permit for building work.

In the first instance, for issues relating to building work you should contact the responsible private building certifier.

You can search Development.i for basic information about recent development permits for building work on the Sunshine Coast. This includes details of the responsible private building certifier.

Recent building or works at a property causing stormwater nuisance

Pollution and erosion from building sites can be an issue. This can include drainage issues or flooding.

Read more about erosion and sediment control.

Stormwater from private property

Council recommends prior to lodging a complaint, you take steps to try and resolve any stormwater or flooding issues affecting your property with your neighbours.

Council may become involved if water is being concentrated and directed onto a neighbouring property. For example, where:

• your neighbour has installed a down pipe that has an outlet near your property
• an agricultural drain or seepage drain outlet causes water to flow across your property.

If you and your neighbour cannot resolve the problem, the State Justice Department Dispute Resolution Centre can provide mediation without legal action.

Read more about stormwater associated with residential properties.

Maintenance of stormwater infrastructure

Request a service for matters related to:

• council stormwater infrastructure
• bioretention basins
• run off from roads, reserves or parklands.

Council does not maintain allotment drainage, household stormwater drains or roof drains. This is the property owner's responsibility.

Property owners often discover their building does not have final certification, particularly when trying to sell. Owners should contact their private building certifier to arrange a final inspection of building work. If the responsible certifier is unable to carry out this inspection, it may possible to engage an alternative private building certifier.

If a private certifier is unable to produce a copy of a final certificate, you can request a building file retrieval from council for a fee.

A pool safety certificate is required when selling or leasing a property with a pool. This may be obtained from either a private building certifier or a licensed pool safety inspector. They are valid for one year for a shared pool and two years for a non-shared pool.

A shared pool is accessible to residents of two or more dwellings. They are typically associated with apartment and unit complexes, hotels, motels, backpacker hostels and caravan parks.  A non-shared pool is only accessible to the residents of one dwelling, like a house or townhouse with a private pool or spa.

Using a shipping container may require a development permit for building work or local law permit. This includes:

• permanent or long-term use on private property
• storage of materials on a nature strip or parking bay
• other temporary use of a shipping container, for example as part of an event.

Read the criteria for shipping containers on construction sites and private property.

You can place shipping container temporarily on private property if it meets the above criteria and is:

• in an urban zone and the shipping container is being placed for less than 30 days, or
• not in an urban zone and the shipping container is being placed for less than 90 days.

For any concerns about private building certifiers please contact Queensland Building and Construction Commission (QBCC).