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 the Business Queensland website.

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.

Referrals

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. Submission of a Building Over or Near Relevant Infrastructure Application for

    Documentation required to apply 

    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.

    How 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:

    Apply now using Council's Online Services!

  • 2. Preconstruction CCTV Inspection

    Council will require a condition assessment of the relevant infrastructure to be inspected via Closed Circuit Television (CCTV) prior to approval of any application for building over or near relevant infrastructure. The costs of any such inspections are the responsibility of the applicant.

  • 3. Issuance of a “Compliance Permit” (conditional approval to construct)

    Council will review the CCTV condition assessment. If no defects are identified Council will issue a Compliance Permit. This permit will impose conditions on the approval.

  • 4. Construction works by the applicant

    Council must be given the option to conduct inspections at the following stages of construction:

    1. All footing systems located within the zone of influence,
    2. All exposed infrastructure mains prior to backfilling,
    3. All replaced/ relocated relevant infrastructure,
    4. Access holes that are newly installed or moved.

    Note - A minimum 24 hour’s notification of inspection is required.

    Site Works

    The approximate location and depth of Council’s relevant infrastructure may be obtained from Council plans relevant to the building site. Council does not guarantee in any way the accuracy of these plans and provides them as a guide only.
    The applicant/builder is to physically confirm the alignment of Council’s relevant infrastructure on site prior to the commencement of any design works for proposed buildings or structures and the actual location and depth shall be recorded on a site plan. Dimensions shall be taken from permanent buildings or structures, or property boundaries on-site. The site plan shall then be submitted to Council for updating of records.

    Adequate measures shall be taken to ensure Council’s relevant infrastructure is protected from damage at all times. In particular, heavy earth moving equipment and driven piles shall not be used near Council’s relevant infrastructure and earth or other materials shall not be piled in the zone of influence of the relevant infrastructure.

    In the event that Council’s relevant infrastructure is damaged, Council must be notified immediately.

    Costs for Works

    All costs associated with the construction of the proposed building/structure (including any additional cost that may arise from additional design/ construction requirements as stipulated by the Compliance Permit) are the sole responsibility of the applicant. This includes, but is not limited to: materials and labour for the building, engineering designs, inspections by engineers, inspections by Council (or other agents of the Council) and the relocation of an existing service.

    Repairs/Damage

    In the event that Council’s relevant infrastructure is damaged during construction, Council must be notified immediately. All costs associated with  rectification of damage to Council assets will be recovered from the applicant.

  • 5. Post construction CCTV and assessment by Council

    This inspection is to ensure that no damage was caused to Council’s infrastructure during the construction of the permitted works. The costs of any such inspections are the responsibility of the applicant.

  • 6. Signed easement documentation

    The applicant shall provide a registered easement where directed, to Council. The easement plan and document shall be submitted to Council for approval and endorsing prior to the Building Over or Near Relevant Infrastructure Compliance Certificate being issued. The compliance certificate will
    not be issued until a registered easement has been forwarded to Council.

    The easement is registered on the title and is attached to the land. The easement width shall reflect the zone of influence of the relevant infrastructure within the property and shall be provided for the full extent of the property from boundary to boundary.

  • 7. Issuance of Building Over or Near Relevant Infrastructure Compliance Certificate

    Council will issue a Building Over or Near Relevant Infrastructure Compliance Certificate when the following have been completed:

    • building works; 
    • inspections; 
    • any remedial works; 
    • Council is satisfied that the works were conducted in accordance with the conditions of the Compliance Permit; and
    • receipt of the registered easement documentation.

    The Compliance Certificate will remain valid independent of changes in land ownership but is subject to review, and possible withdrawal in the event of any of the following;

    • if any modifications are made to the structure or the immediate surrounds thereto;
    • if the structure causes any damage to Council’s infrastructure;
    • any other action on the land in the vicinity of the structure that an authorised officer reasonably considers adversely affects the integrity of the infrastructure.

    Enforcement

    Should the applicant or property owner fail to comply with the associated conditions for the permit, this shall be taken to mean that the owner will be in breach of “interference” under the Water Supply (Safety and Reliability) Act 2008 and may be subject to an infringement and prosecution.