"Ban the Banners" - The Death of the Covenant

Heleana Crombie
Planning

Happy New Year everyone!

As of 1 January 2010 the Building and Other Amendments Act 2009 came into effect which means that any covenants, community management statements and body corporate by-laws that restrict individuals in the use of sustainable or affordable design features can no longer be imposed. This means that the types of building materials, colours and finishes used to construct a home can no longer be restricted. The amendments also prevent developers from requiring the purchaser to have the landscaping, fencing and driveways constructed prior to the occupation of the dwelling.

The removal of the right to require these basic residential standards to be met has the potential to have a huge impact on the attractiveness of developments. The ability to ensure that developments are able to achieve the amenity on which they were marketed is going to be difficult to enforce.

Another concern is the inability to require purchasers to construct within a specific period of time. This will have a major impact on the ability to form populated developments and the formation of communities.

Many of the planning schemes in South East Queensland have elements within them which encourage housing diversity, character and improved amenity. However most of them lack the ability to ensure the on ground delivery of the planning scheme’s aspirations. THG believes in order to overcome the issues outlined above the elements in the planning schemes will need to be strengthened.

THG is currently working through the new law and investigating a number of options in terms of how a balance can be achieved between ensuring the purchaser utilises sustainable materials/design philosophies while still protecting our client’s bottom line and the overall vision for the development.

We will be in touch with our clients who are affected by these changes, however if you would like to know more please contact us on 3666 4700.