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We have recently received clarification from Building Codes QLD regarding the installation of rainwater tanks.
As a result of the repeal of the QDC for rainwater tanks on 1 February 2013, new houses and townhouses (class 1 buildings) and new commercial and industrial buildings (classes 3 to 9) located within a reticulated town water area no longer have to include a rainwater tank as part of the building approval.
If a planning scheme contains a requirement for a rainwater tank to be included with buildings where the property is located within a reticulated town water area, this requirement will no longer apply as section 78A of the Sustainable Planning Act 2009 will override this provision.
If a condition of development approval includes a requirement for a rainwater tank, then the application of this condition will generally depend on the date when it was issued.
Prior to 1 February 2013
If the Development Approval is dated prior to 1 February 2013, a rainwater tank condition can continue to apply to properties subject to the Development Approval. However some local governments may vary this Development Approval condition (as a permissible change) at their discretion and may charge a fee to applicants for no longer requiring it for new houses and buildings.
After 1 February 2013
If the Development Approval is dated after 1 February 2013 and includes a rainwater tank condition, then it will not apply as it is inconsistent with the current QDC provisions.
Non Reticulated Areas
Where a property is located outside a reticulated town water area and a planning scheme provision requires a rainwater tank, then this requirement will continue to apply to building development applications.
Please note the following proposed changes to the treatment of Auxiliary Units by Logan City Council here The Fact Sheet advises that from 1 July…