In Queensland, delivering temporary accommodation for people escaping domestic violence is often more straightforward than many realise. Recognising the urgent need to provide safe housing, Queensland’s planning framework streamlines the approval process by, in many cases, removing the need to obtain a planning approval. This exemption is contained within the Planning Regulation 2017 (Qld) (Planning Regulation), reflecting a clear policy intent to facilitate rapid responses to housing needs arising from domestic violence. Understanding how this exemption operates is essential for community housing providers, developers and local governments involved in delivering temporary accommodation.
The Exemption
Under Queensland’s planning legislation, development is assigned one of three categories, prohibited, accepted or assessable development. The category that applies is determined by the Planning Regulation or an applicable local planning instrument. Where development is categorised as ‘accepted development’, no development approval is required.
The Planning Regulation provides a specific exemption under Schedule 6, for certain material changes of use relating to temporary accommodation for people escaping domestic violence. Where the criteria for the exemption are met, the development is classified as accepted development, meaning a development approval is not required.
The exemption pathway applies to a material change of use of premises comprising a Class 1 or Class 2 building (such as standalone residential houses or unit‑style dwellings), where:
- the use involves providing temporary accommodation for people escaping domestic violence; and
- the use includes the provision of support services for those people.
Where both elements of the exemption are satisfied, the development is categorised as accepted development and does not require a development approval. Importantly, where the Planning Regulation has already categorised a development as accepted development, a local government cannot require a development application for that use.
The policy intent behind this exemption is made clear in the Explanatory Notes to the Planning Regulation, which confirm that the purpose of the exemption is to ’support temporary accommodation for people escaping domestic violence… by not requiring such developments to obtain a planning approval‘ and to ’make it easier for state or a local government to quickly respond to existing and unexpected housing shortages caused by unforeseen events.’
This policy context demonstrates a deliberate approach to reducing regulatory barriers where there is an urgent need for safe and responsive accommodation, while still recognising the importance of providing appropriate support services for people escaping domestic violence.
The Requirements
For providers seeking to rely on the exemption, it is important to ensure the use satisfied both elements of the definition: the accommodation must be genuinely temporary, and the use must include provision of support services for people escaping domestic violence.
The Planning Regulation does not prescribe a maximum period for which accommodation may be provided. However, in practice, ’temporary‘ is generally understood to mean short‑term or transitional accommodation, rather than open‑ended or permanent housing. As a service design principle, providers should ensure that any tenure model is clearly structured as transitional and recovery‑oriented, with policies and procedures that demonstrate the accommodation is intended to provide a safe refuge and support during a defined period of crisis and stabilisation.
The exemption also requires that the use include support services for people escaping domestic violence. While the Planning Regulation does not provide an exhaustive list of what those services must include, the intent is that the accommodation forms part of an integrated support response rather than operating as short‑term lodging alone.
Providers may be able to demonstrate compliance through structured and identifiable support services, such as:
- individual counselling and therapeutic support
- case management and advocacy
- group programs and psycho‑education
- safety planning and risk management
- recovery and healing services
- women’s health and wellbeing programs
Support services may be delivered on site or though outreach models, including face‑to‑face, online or telephone‑based support. While the specific mix of services can be tailored to local needs and organisational capacity, providers should ensure these services are clearly described in service models, policies and operational documentation to demonstrate that the use continues to meet the support services requirement of the exemption.
Designing a service model
To align with both the legal framework and the policy intent behind the exemption, providers should:
- Use appropriate building classes: Confirm that the accommodation is within Class 1 or Class 2 building as contemplated by the exemption (for example, houses, townhouses, or unit‑style dwellings).
- Establish a temporary and transitional tenure model: Ensure policies and documentation describe the accommodation as short‑term or transitional, with pathways into longer‑term housing where available.
- Integrate structured support services: Ensure support services are a core component of the use of the premises, rather than an ancillary service.
- Clearly identify the domestic violence purpose: Ensure eligibility criteria, service models and operations documents demonstrate that the accommodation is intended for people escaping domestic violence.
Taking these steps helps demonstrate that the use aligns with the accepted development pathway and reflects the policy intent of the Queensland’s planning framework.
Other Regulatory Requirements
While the exemption removes the need for a planning approval, providers should still consider other statutory and regulatory obligations that may apply, including building approval, fire safety, health and safety, and any relevant local laws or funding conditions. The accepted development status does not displace these obligations; rather, it streamlines the planning approval component so that providers can direct their efforts and resources to safety and support services.
Conclusion
Queensland’s planning framework provides an important pathway for providers seeking to establish or expand temporary accommodation for people escaping domestic violence in Class 1 or Class 2 buildings. Where the requirements of the exemption are met, projects can proceed without the need for a planning approval, reducing the potential delays while maintaining a focus on safety and support.
Careful service design and clear documentation of tenure arrangements, support services and eligibility criteria will assist providers in demonstrating that their projects align with the exemption and its underlying policy objective: enabling timely access to safe and supportive housing for people escaping domestic violence.
As part of our 2026 Pro Bono Initiative, through which we have committed $1 million in pro bono legal services to support the housing sector during our centenary year, we have been pleased to assist numerous domestic violence service providers in Queensland in navigating these requirements and supporting their work to provide safe accommodation and essential services for people escaping domestic violence.