Advertising laws and permits

Magnifying glass and newspaperBrisbane City Council is responsible for licensing and regulating outdoor advertising signs in Brisbane. 

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The regulations are in line with the: 

  •  Local Law No. 1 - Control of Advertisements
  •  Advertisements Subordinate Local Law 2005

These documents are available for download from the Department of Local Government, Community Recovery and Resilience website.

The Local Law No. 1 (Control of Advertisements), and the Advertisements Subordinate Local Law 2005 ensure advertisements and associated structures are constructed and maintained to essential standards of public safety and complement desirable characteristics of the natural and built environment in which they are exhibited.

The Advertising Signs Information Kit contains (PDF - 396kb) details relevant to the application process.

Application and approval process

Step 1 - choose your type of advertisement

The first step is to decide on the type of advertisement you wish to exhibit on the property or building. The various types of advertisements are defined and illustrated in Schedule 1 of the Advertisements Subordinate Local Law 2005 available for download from the Department of Local Government, Community Recovery and Resilience website.

Step 2 - conduct a property enquiry

As part of the application process you will need to complete a property enquiry using Brisbane Planning and Development Online to determine the property zoning and if the property is:

You will also need to determine if the property is located:

Step 3 - determine the city environment

To ensure advertisements make a positive contribution to the aesthetic of Brisbane, Council has grouped property zonings into the following city environments:

  • City Centre
  • Business Centres 
  • Industry
  • Residential 
  • Green Space 

When you have confirmed the property zoning, use the conversion table to identify the city environment the advertisement will be in.

Note: service stations are always deemed to be in a Business Centre Environment irrespective of the property zoning.

Step 4 - advertisements in city environments

All types of advertisements have been classified as either permitted, licensable or prohibited within each city environment. Once you have determined the type of advertisement you wish to exhibit, and the city environment, refer to the advertisements classification table to determine the advertisement classification.

You must consider:

Step 5 - Council approval

If your proposed advertisement is classified as permitted within the city environment, you do not require Council approval, but your advertisement must comply with the conditions and criteria in the Advertisements Subordinate Local Law available for download from the Department of Local Government, Community Recovery and Resilience website. Exceptions apply when a permitted advertisement is to be exhibited on a heritage place or in relation to a large development. In these instances, Council approval is required.

Advertisements that are licensable or that are one of the noted exceptions require Council approval. There are two assessment options for approval:

  • express assessment
  • full assessment

Express assessment

Express assessment is a streamlined process that provides you with a quick response from Council with a reduced application fee. Express assessment requires you to conduct your own assessment against the conditions and criteria outlined in the Advertisements Subordinate Local Law available for download from the Department of Local Government, Community Recovery and Resilience website, and submit an application to Council for a decision. Express assessment applications can only be used for first party advertising on the following sign types:

  • created awning fascia sign
  • ground sign less than six square metres
  • projecting sign
  • roof sign less than five square metres
  • signwritten roof sign
  • vertical banner freestanding sign
  • wall sign less than five square metres

Express assessment checklists have been created to assist you with your assessment to ensure the advertisement meets all the prescribed conditions and criteria. If the proposed advertisement complies with all of the requirements, you can submit an application and the necessary supporting documentation. You will be issued with a Council decision within five working days.

For proposed advertisements to be exhibited on a state controlled road or visible from a state controlled road or motorway, refer to other approvals and details you may require.

A full assessment must be submitted for proposed advertisements on a heritage place, adjoining a heritage place, Commercial Character Buildings and in city malls including the Queen Street Mall, Valley Mall and Chinatown Mall. 

Full assessment

Advertisements requiring Council approval that fall outside the express assessment application restrictions must be submitted for full assessment by a Council officer. An application with the necessary supporting documentation must be lodged with Council and a decision notice will be issued after a Council officer conducts an assessment.

Step 6 - how to apply

Application requirements are different depending on the assessment option you select. Applications must include all the documents listed under the relevant assessment option.

Application requirements for express assessment

When you submit your express assessment sign application, you need to submit:

  1. Advertising Signs Licence Application - express assessment (PDF - 793kb).
  2. Relevant Express Assessment Checklist:
  3. Site plan (may be hand drawn) to scale including:
    • building footprint
    • property boundary
    • street frontages
    • location of all proposed advertising signs
    • landscaping
  4. Sign illustration and construction details:
    • drawn to scale
    • proposed sign shape and dimensions
    • wording of the sign
    • materials, construction and means of attachment
    • colour, reflectivity and means of illumination (if applicable)
  5. Evidence of permission from the Department of Transport and Main Roads for proposed advertisements that are to be exhibited on a state controlled road or visible from a state controlled road or motorway.

Application requirements for full assessment

When you submit your full assessment advertising sign application, you need to include:

  1. Advertising Signs Licence Application - full assessment (PDF - 710kb).
  2. Site plan (may be hand drawn) to scale including:
    • building footprint
    • property boundary
    • street frontages
    • location of all existing and proposed advertising signs
    • landscaping
  3. Site photos:
    • each frontage
    • view facing outwards from the positions of the proposed sign
    • view towards the proposed sign location from the roadway or footpath
    • any existing advertisements on site
  4. Sign illustration and construction details:
    • drawn to scale
    • proposed sign shape and dimensions
    • wording of the sign
    • materials, construction and means of attachment
    • colour, reflectivity and means of illumination (if applicable)

Sign specific additional document requirements for full assessment:

Mega banner and road banners:

  • copy of the public liability insurance policy for a minimum of $10 million with Council named as an interested party
  • certificate of structural adequacy from a certified engineer

Temporary inflatable sign:

  • copy of the public liability insurance policy for a minimum of $10 million with Council named as an interested party

Mobile motor vehicle sign:

  • vehicle registration number

Council may request a certificate of structural adequacy from a certified engineer for other types of advertisements during the assessment process.

Applications for multiple signs

Approval for multiple signs on one property for a single licence holder may be sought on one application.

Approval for multiple signs on a large development should be sought on a single application as an advertising package.

Approval for multiple signs on multiple properties must be sought on separate applications.

It is the property owner's responsibility to manage the total maximum advertisement area allowable for the site. 

Fees

Payment of an application fee and annual licence fee per advertisement is required upon lodgement of your application with Council.

Application fees for a full assessment are categorised as Level 1 or Level 2 depending on the type of advertisement. To determine the fee level, view the advertisements classification table.

Where a multiple sign application contains both Level 1 and Level 2 licensable signs, the Level 2 application fee will apply.

Payment and lodgement

To lodge your advertisement application with payment you can:

Licence renewal

A renewal notice will be posted to you prior to the expiration of your current approval. An annual licence fee is applicable to all licensed advertisements. If you change your postal address or require a copy of your approval, contact Council.  

Terms of approval

Advertisement licenses are valid for a period of one year except for the following sign types:

  • business promotion sign - a licence is valid for a maximum of 14 days within any 90 day period
  • temporary inflatable sign - a licence is valid for a maximum of 21 days within any 26 week period

Unless the licence or instrument of approval states otherwise, the licence is renewable annually up to five times provided the conditions of approval are met and the renewal fee is paid annually. Where the supply and installation of the advertisement exceeds $25,000, the licence may be renewed up to nine times subject to Council approval.

Other approvals and details you may require 

You are required to identify and comply with all other relevant laws and requirements associated with exhibiting an advertisement in Brisbane. 

Department of Transport and Main Roads

You are required to submit a Road Corridor Permit from the Department of Transport and Main Roads if:

  • the proposed advertisement is to be exhibited on a state controlled road
  • you are submitting an Express Assessment application for an advertisement that will be exhibited on a state controlled road or visible from a state controlled road or motorway

For express assessment applications the permit is to be obtained prior to submitting your application to Council. If you opt for a full assessment, a Council officer will seek the necessary approval from the Department of Transport and Main Roads on your behalf.

Heritage places

Advertisements on a heritage place should be designed in accordance with the original character and period of the building or structure. Council has published heritage place fact sheets on signage that will assist you to design appropriate signage for the heritage place. Prior to lodging an application it is recommended you contact Council to speak to the Heritage Unit to discuss your proposed advertisement. A Council officer will refer your application to Council's Heritage Unit for a site specific analysis before making a final decision.

Building approval

The assessing officer may request from the applicant a building approval report from a qualified engineer certifying the structural adequacy of the advertisement and its supporting structure.

Development approval to operate a business

You may require development approval from Council to operate your business. Council's City Plan 2000 directs all development in Brisbane and sets out criteria and legal requirements that developments must address. For example, planning approval is required to operate a business from home that does not meet the self assessable criteria in the City Plan. Planning approval may also be required when converting a shop to a restaurant.

Transferring a licence

Existing advertisement licenses can be transferred between licensees provided the licence is current and there are no changes to the size, scale, media or location of the advertisement. An application form must be submitted to Council with a transfer of licence fee. Any changes to the size, scale, media or location of the advertisement requires the submission of a new application to Council for approval.

Enforcement

Under the law, if you are the holder of an approval you are responsible for ensuring all approval conditions are complied with. If you have difficulty complying with your conditions, contact Council.

Failure to comply with your conditions may result in one or more of the following enforcement actions:

  • a letter or legal notice issued requiring action or works to be conducted (this may include Integrated Planning Act notices)
  • a Penalty Infringement Notice (PIN or on-the-spot fine) issued
  • removal of the sign
  • suspension of an approval
  • cancellation of an approval prosecution

Complaints

Council has a duty to investigate and respond to complaints received. A complaint may result in an inspection of the sign to ensure compliance with the legislation. Council does not have the jurisdiction to enforce matters concerning the wording or content of signs which relate to public taste or community expectations. Complaints of this nature should be directed to the Advertising Standards Bureau. 

If you believe a sign does not meet compliance with legislation, you can make a complaint.

Glossary

For further information on signs including definitions, refer to the advertising signs glossary.

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Last modified: 15 May 2013 15:33