Building Over or Near Relevant Infrastructure

Approval Requirements for Building Over or Near Relevant Infrastructure 

Since a revised version of the Queensland Development Code (QDC) MP 1.4: Building Over or Near Relevant Infrastructure commenced on
15 December 2014, building work over or near relevant infrastructure (sewers, water mains, stormwater drains or combined sanitary drains) must be assessed against MP 1.4. 
For more information on MP1.4 go to

Application of Mandatory Part (MP) 1.4
MP 1.4 DOES apply to: 

  • Building work to be carried out for a building or structure on a lot that contains or is adjacent to a lot that contains relevant infrastructure.
  • Lots where an adjacent road reserve contains relevant infrastructure.
  • Land that is the subject of an easement registered by a relevant service provider through the Queensland Land Registry.
MP 1.4 DOES NOT apply to:
  • Building work which is a specified minimum distance from the infrastructure. These requirements include sufficiently clear from  the zone of influence: 
          - three metres for a class 1 or 10 building or structure
          - five metres for a class 2-9 building
          - five metres for driven piles or piers
          - ten metres for ground anchors or rock bolts

  • Any internal alterations or repairs to existing buildings or structures that do not involve an increase to the building's floor area or affect the building's footing system or sub-structure. 
  • Self-assessable building work for a structure (e.g. a fence or retaining wall) unless the structure is supported by a strip footing. 
           Schedule 1 of the Building Regulation 2006 outlines what type of                     building work is self-assessable. If self-assessable building work does             not meet the relevant acceptable solutions in MP 1.4, the work                         becomes assessable and will require a Building Over or Near
           Relevant Infrastructure application to be submitted.


Under the Sustainable Planning Regulation 2009 a relevant service provider is prescribed as a concurrence agency for building work regulated under MP 1.4. The term “relevant service provider” is defined in MP 1.4 to mean sewerage service providers and water service providers registered under the Water Supply (Safety and Reliability) Act 2008 and the owner of a stormwater drain. 

In this case Livingstone Shire Council is the relevant service provider. 
Building certifiers must refer the application to Livingstone Shire Council where:

  • the work does not comply with an acceptable solution for relevant performance criteria in MP 1.4; or
  • the work is for a class 2-9 building that is located less than five metres from relevant infrastructure. 
Performance Criteria
MP 1.4 includes two performance criteria, the application of which is based on the location of the relevant infrastructure:
    On a lot  On adjacent lot
P1 requires that the proposed building work
does not damage the relevant
infrastructure or the building's integrity 
Yes Yes
P2 requires that access to, and ventilation
for, the relevant infrastructure is maintained. 
Yes No

Acceptable Solutions

The acceptable solutions in MP 1.4 only apply to class 1 buildings (e.g. houses, townhouses and villas), class 10 buildings (e.g. sheds) and structures (e.g. retaining walls). Light-weight class 10 buildings and structures such as sheds and patios are afforded some concessions—these include allowing simple building work over most infrastructure, but excluding some higher risk infrastructure such as water mains, connections and maintenance covers.

Exclusions from acceptable solutions:

The following types of work will require an alternative solution and Council response:

  • Applications involving class 2-9 buildings that are located less than five metres from relevant infrastructure (Note: MP 1.4 does not apply to class 2-9 buildings if the work satisfies certain requirements and is at least five metres from relevant infrastructure).
  • Work over or near a pressure pipeline of any size and within three metres of relevant infrastructure.
  • Applications involving large pipes such as:
    • sewers, water mains or combined sanitary drain pipes greater than 225 millimetres in diameter
    • stormwater mains greater than 375 millimetres in diameter.
Approved Form 32
There are some circumstances where private building certifiers are required to provide a Form 32 to Council for some applications involving a class 1 or 10 building or structure. These include where Council would not otherwise receive the information because they are not a concurrence agency or a local government that would receive the application/approval documents. This requirement is part of the Building Regulation 2006 and helps providers to manage their inspection, maintenance and replacement work.

Building certifiers must provide a Form 32 to Council within five business days of approving the building development application. Information about which acceptable solutions have been used to achieve compliance with MP 1.4 must be included.

  1. 1.Submit Application
  2. 2.Preconstruction Inspection
  3. 3.Compliance Permit
  4. 4.Construction Works
  5. 5.Post Construction Assessment
  6. 6.Easement Documentation
  7. 7.Compliance Certificate

1. Submission of a Building Over or Near Relevant Infrastructure Application for Assessment by the applicant

How to apply

Documentation required to apply 

A Building Over or Near Relevant Infrastructure Application for Assessment
must be accompanied by the necessary documentation and payment of the relevant fee and can be submitted via the following options:

The proposed alternative solution technical documentation
including Registered Professional 
Engineers of
Queensland (RPEQ) certified drawings that must include the following:

Footings layout showing: 

  • the accurate location of Council Infrastructure in relation to the footings,
  • the type of footing and dimensions of horizontal clearances between footings/piers and the infrastructure; and
Sections showing:
  • the accurate location of the infrastructure in relation to slabs, beams/bridging beams, or piers/pad footings; and
  • the dimensions of horizontal and vertical clearances between slabs/beams/piers.pad footing and the infrastructure.
A statement from RPEQ stating:
  • the structure will have no load bearing on relevant infrastructure; and
  • the structure will be self-sustaining if Council have to excavate the relevant infrastructure for maintenance or repair.
Online Services Apply now using Council's Online Services!

If Council believes the project is feasible, proceed to step 2.