Ban the banners

12 Feb 2010

(Queensland)

New covenant and body corporate by–law rules (Queensland only)

Since 1 January 2010, new and some existing covenants and body corporate by–laws have been prevented from banning energy efficient features or fixtures and requiring certain design elements in houses, townhouses, units or enclosed garages. The law on these issues was further amended on 23 May 2010.

What is a covenant?
Developers commonly use covenants in the contracts of sale, by–laws or community title schemes to control home designs in residential estates and unit complexes.

Covenants and by–laws can restrict or prohibit the use of energy efficient or sustainable building features and initial buyers are typically required to pass on these requirements to later buyers.

Why were the ‘ban the banners’ provisions introduced?
The ‘ban the banners’ initiatives assist Queenslanders in reducing their carbon footprint by allowing home owners and builders to choose sustainable building features and designs.

These laws impact positively on housing affordability by allowing owners to choose home sizes and materials that suit their needs.

Sustainable features, such as solar hot water systems and light coloured roofs, also help reduce ongoing operational energy costs.

How do the new laws apply?
All covenants and by–laws made before 1 January 2010, will remain unaffected by the legislation, except in relation to solar hot water systems and photovoltaic cells. The law relating to solar hot water systems and photovoltaic cells apply to all covenants and by–laws regardless of when the covenant or by–law took effect. All covenants and by–laws made from 1 January 2010 to 22 May 2010, will be covered by the original legislation in its unamended form. All covenants and by–laws made on or after 23 May 2010, will be covered by the legislation in its amended form.

How do I know if there is a covenant or body corporate by–law in place?
The existence of a covenant or by–law will usually be identified by checking contract terms or by appropriate searches of by–laws. These checks and searches will usually be conducted by a solicitor acting for the purchaser.

Will the new laws override local planning schemes?
The new laws only prohibit covenants and by–laws from banning identified design and energy efficient features. The new laws do not override local government planning schemes which may require minimum standards to meet the community’s expectation for residential areas. For example, planning schemes can prohibit the occupation of a caravan or shed for residential purposes. It is recommended that you check with your local council about any planning restrictions that may be in place for your property.

Can my neighbours build any size home and use any material?
As a minimum, the Building Code of Australia requires a house to have a kitchen, bathroom, toilet and laundry. These standards place practical limits on how small a home can be.

Also, the building must still comply with the performance requirements of the Building Code of Australia and any local government planning scheme requirements such as visual amenity or streetscape requirements.

Source: Department of Infrastructure and Planning www.dip.qld.gov.au

Comments

# At 2:25pm, July 5, 2015, Klayveer said:
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What an exciting time for your siestr! A gift I received and my brother also that I thought was really nice was a framed copy of the Proclamation to the Family. If you have some time, my brother's had a picture of him and his wife matted above it but that can require custom framing, but I think it's really beautiful and makes it something special you really want to hang on the wall. Also, a picture of the temple that they are being sealed in or she is going through would be nice also and a good reminder of the day. I hope that helps!
# At 6:03pm, July 27, 2015, Darold said:
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At last, soomene comes up with the "right" answer!
# At 5:43am, October 18, 2015, Rendi said:
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This is my first time i visit here. I found out so quite a few of entertaining stuff wihitn your blog, particularly its discussion. through the use of the tons of comments on your articles, I guess I am not the only one getting all the leisure here! Keep up the beneficial work.
# At 9:13am, October 21, 2015, SaMet said:
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The reality is that Capital Recovery Fees reernspet a fair and equitable way to spread infrastructure costs over those who benefit. Capital Recovery Fees typically take the form of a 1% fee, paid by the seller each time title to the property transfers, usually for 99 years. The fees are imposed by large-scale developers as a way to spread the significant costs associated with the installation of roads, utilities and other infrastructure over those who benefit. These development projects create jobs and add to the tax base.
# At 8:56pm, December 26, 2015, Phiiamiira said:
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I've read Genesis few times but some how I've never remember that the raobinw was sign of the covenant between God and us. When I see a raobinw, it will have different meaning. Just couple of month ago, when I was driving to work, I actually saw a beautiful double raobinw. May be it was meant for me to remember the convenant, twice as much. Also, Whoever sheds the blood of man, by man shall his blood be shed not quite eye for an eye but I believe when God talks about blood , I don't think He is talking about death but be kind to each other. God's love for us is very evident in todays SWIM, Never again will all life be cut off by waters of a flood , I feel this way when I have to discipline or punish my children. Although, they deserved it, I feel hurt inside as I am giving them punishment, and once it has been done, I have same thought, like I never want to punish them again. Just like our children, we continue to mis-behave but God will always love us, even when He is punishing us.
# At 3:00pm, August 1, 2016, Fats said:
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These are super cute! Curious if you’d given any thought to creating a nativity set or even a Bible themed set? I know th;y8#&217ed be super popular w/MOPS groups, preschools, etc….. Would really love to know your thoughts on this, as I’m planning a Mommies Craft Night & these would be awesome! Thanks for considering!

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