Question: Are Class 2 buildings in Queensland required to only install 4-star energy efficient rating air conditioning?
Was any change made to legislation in 2009 regarding minimum energy efficient rating for air conditioning units in class 2 (apartment) buildings? I was under the impression that air conditioning units now need to be a minimum of 4-star energy efficient rating.
One of our owners is looking to install a unit with only a 3.5-star rating. Should the Committee approve this installation?
Answer: Barring a new build or a renovation that requires a building DA, the standard does not apply.
The specific section of the relevant code that is applicable to energy efficiency related to this query is Queensland Development Code (QDC) MP 4.1 – Sustainable Buildings (Version 1.13- 17 September 2020) which supersedes QDC MP 4.1 – Sustainable Buildings (27 November 2009). That section applies to new buildings and imposes energy standards across the entire building, not just in relation to air-conditioning units; the energy efficiency rating is averaged. (Note the ‘MP’ in ‘MP 4.1’ stands for ‘Mandatory Part’!). The standard also applies to renovations of a sole occupancy unit in a class 2 building, but only if a building development approval is required for those renovations.
So, barring a new build or a renovation that requires a building DA, the standard does not apply… unless of course the Body Corporate picks it up in a by-law. A body corporate wanting to get serious about energy efficiency could put in place a by-law which makes clear that new or replacement air conditioners must have a higher energy efficiency rating.
Absent a by-law, it would be an ‘adventurous’ committee that refused permission for the air conditioner install, on the basis of an inapplicable standard. Another justification for energy efficiency would be required, such as (for example) structural limits of the existing wiring network, and the need to ensure that the network capacity is not exceeded. Even then, this can be dangerous ground as the body corporate (owners corporation) found in the Hunter Connection Food Court in Sydney’s CBD (see The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270). Note however that the NSW legislation is (slightly) different, with respect to the relevant body corporate duty to maintain.
While each ton of carbon into the atmosphere is another brick in the climate change wall, this committee should take care and assess the current application on its merits, and in the context of the particular circumstances of the Scheme. After that, they can get ahead of the game by adopting a ‘green’ by-law or two, to make the job easier next time.
The Queensland Development Code can be found at the Queensland Government Business website: Queensland Development Code
This post appears in the June 2022 edition of The QLD Strata Magazine.
Michael Kleinschmidt
Bugden Allen
E: michael.kleinschmidt@bagl.com.au
P: 07 5406 1280
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