Since 1 January 2010, new and some existing covenants and body corporate by-laws have been prevented that ban energy efficient features or fixtures and require certain design elements in houses, townhouses, units or enclosed garages. The law on these issues was  further amended on 23 May 2010. These laws apply to class 1 (houses and town houses) and class 2 buildings (units) that are the subject of covenants or body corporate by-laws.

The laws assist Queenslanders to reduce their carbon footprint by allowing home owners and builders to choose sustainable building features and designs.

New covenants and body corporate by-laws are not allowed to control:

• light roof colours
• energy efficient windows or window treatment e.g. tinting
• a minimum number of bedrooms or bathrooms
• orientation of a house in a particular way if that orientation would result in a less energy efficient house
• minimum floor areas, but a minimum frontage is allowed unless it results in a less energy efficient house.

Measures relating to solar hot water systems and photovoltaic (solar) energy systems apply to all new and existing covenants and body corporate by-laws.

The provisions are regulated through the Building Act 1975 (PDF).

Further information

For further information, refer to the fact sheet or contact Building Codes Queensland.

Related resources

• Ban the banners fact sheet