Covenants and body corporate by-laws for sustainability

Since 1 January 2010, new and some existing covenants and body corporate by-laws are no longer allowed to:

  • ban energy efficient features or fixtures
  • require specific design elements in houses, townhouses, units or enclosed garages.

This means that householders and builders have greater choice of sustainable building features and designs for the dwelling.

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

  • light roof colours (by only requiring dark 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 – a minimum frontage is allowed unless it results in a less energy efficient house.

The body corporate provisions for energy efficient dwellings are regulated through the Building Act 1975 (Chapter 8A, Part 2).

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General enquiries 13 QGOV (13 74 68)