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ARTICLE · 09 DECEMBER 2009

New Restrictions on Building Covenants, By-laws and Architectural Codes

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The Queensland government has enacted its so called ‘Ban the Banners' legislation with the passing of the Building and Other Legislation Amendment Act 2009. The intention of the new provisions (entitled ‘Supporting Sustainable Housing') is to prevent bodies corporate and developers who regulate buildings in estates from stopping owners incorporating sustainable features in their houses.

AustraliaReal Estate and Construction
Matthew Raven
Matthew Raven

The Queensland government has enacted its so called 'Ban the Banners' legislation with the passing of the Building and Other Legislation Amendment Act 2009. The intention of the new provisions (entitled 'Supporting Sustainable Housing') is to prevent bodies corporate and developers who regulate buildings in estates from stopping owners incorporating sustainable features in their houses.

What types of instruments are affected?

The legislation regulates a number of instruments such as:

  • Building covenants in housing estates
  • Community management statements (including both by-laws and architectural codes)
  • Building management statements

by invalidating various provisions which the government has identified as contrary to the goal of sustainable housing.

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