Appeal applications

If you are dissatisfied with a decision under the Building Act 1993 (the Act) or the Building Regulations 2018, you may have the right to apply to the Building Appeals Board (Board) to appeal that decision under Part 10 of the Act. In exceptional circumstances, you may be eligible for a fast tracked appeal. The Board can hear appeals regarding:

  • refusal to issue or amend an occupancy or building permit
  • a decision to give a person a written direction to fix building work
  • temporary approval to occupy a building
  • refusal to consent to the termination or appointment of a building surveyor
  • a determination regarding protection work
  • a building notice, building order or emergency order
  • a decision under the Building Regulations 2018
  • a decision of a relevant authority such as a council in respect of report and consent applications
  • a decision of the Victorian Building Authority under the Building and Construction Industry Security of Payment Act 2002
  • a council decision under Part 14 of the Residential Tenancies Act 1997 (caravan parks and movable dwellings)
  • a determination made by the relevant council regarding the construction date of a swimming pool

You can lodge an appeal if you are:

  • the owner of the building or land
  • a representative acting on behalf of the owner
  • a reporting authority
  • the building surveyor
  • an adjoining owner in matters involving adjoining property protection work

Time Limits in which to appeal

There are strict time-limits prescribed by the Building Regulations 2018 by which you must file with the Board your appeal application. If you file after the date by which you must file, the Board does not have the power to extend the time in which you may file with the Board nor does it have jurisdiction to hear and determine the appeal if the appeal is filed after the date by which you must file the appeal.

For more information on appeal periods, please refer to reg 271 of the Building Regulations 2018 or email or chat on live chat via this website.

What to submit to the Board

As part of your application you must submit:

  1. the completed application form
  2. a detailed written submission outlining your application's:
    • nature - the section of the Act under which you're applying
    • grounds - the reason for your application
    • relief - your desired outcome
  3. the application fee. See Forms & Fees to find out how much your application will cost.

Providing sufficient evidence with your application is very important. You can include drawings, photographs, plans or expert reports.

You must send copies of your initial application and all subsequent correspondence to any other parties in the matter.

Once you've submitted your application

We will send you a letter of acknowledgement upon receipt of your application.

We aim to list your application for hearing within six weeks of us receiving your fully completed application.

Appeals are typically heard on Thursday mornings by a panel of three Board members and are open to the public. Find out what happens during a hearing.

You should receive a determination within 16 weeks of submitting a completed application.

Fast track appeals

Section 147 of the Building Act 1993 (the Act), provides for any party to an appeal to request fast track consideration of the appeal.

Section 147 of the Act states:

  1. On an appeal under Division 1 any party to the appeal may request the Board to begin to hear or otherwise deal with the appeal within 2 business days after the request is made.
  2. A request under subsection (1) –
    1. Must be in writing; and
    2. Must be accompanied by the prescribed fee.
  3. The Board may grant or refuse the request and, if it grants the request, may require the person making the request to pay –
    1. The reasonable costs of all parties to the appeal for the proceedings after the request is granted; and
    2. If the Board hears the appeal, an additional prescribed fee for the time taken for the hearing (including any adjourned hearing) excluding the first 2 hours of the hearing.

How the Board assesses Fast Track Applications

Parties requesting fast track consideration of an appeal must provide submissions and evidence that demonstrate the reasons for the fast track application.

In determining whether to grant a request for fast track consideration of an appeal, the Board may consider the following:

  • Public Safety – If the building works were to not commence or temporarily cease due to a pending appeal hearing, would that cause a significant risk to the safety of the public? What measures are currently in place to manage any risks? What is the likelihood of the building work failing?
  • Public Interest – Is there an imperative in the public interest for the building works to start and/or continue?
  • Local Neighbourhood Amenity – Will disruptive construction processes be unreasonably prolonged, resulting in significant detriment to neighbourhood amenity?
  • Financial Hardship – Will a delay in hearing the appeal cause significant financial hardship to the parties associated with the appeal? (This needs to be proven through calculations and evidence, which may include bank statements, project loss calculations etc.)

When will a Fast Track Application be refused?

The fast track process is not intended to be a method by which parties can seek earlier determination of their appeal simply by paying additional fees.

For example, fast track would not normally be granted simply because:

  • the standard processing time for an appeal is an inconvenience to Parties.
  • the standard processing time presents a financial inconvenience or imposes holding costs to Parties.
  • the Parties plan to undertake a holiday within the standard processing time.
  • the project has already been delayed for other reasons eg. town planning approvals

The fast track consideration of an appeal is at the discretion of the Board.

How to apply for a Fast Track Appeal

An application for fast track consideration of a matter can only be made by a Party to the appeal (i.e. the applicant or the respondent).

View the fast track application form (PDF, 313.36 KB).

All fast track applications submitted to the Board (including any submission or evidence forming part of that application) must be provided to all parties to the proceedings at the same time as the application is submitted to the Board.

Fees

A fast track application form must be accompanied by the prescribed fee and the payment form  (PDF, 112.57 KB).

The Board only accepts payment in the form of credit card, bank cheque or money order made out to the Victorian Building Authority must be provided with the application upon lodgement.

Representatives

Applications made by a representative acting on behalf of a Party must be accompanied by an 'Authority to act form' signed by the party for whom the representative is acting.

The 'Authority to act form' can be found on pages 4-5 of the fast track application form.

Where to send your application


By e-mail
registry@buildingappeals.vic.gov.au

In person
Building Appeals Board
Goods Shed North
733 Bourke Street
Docklands, Melbourne

By mail
Building Appeals Board
PO Box 536
Melbourne VIC 3001

Relevant legislation

Building Act 1993 - Sections 138–144A and 147

Building Regulations 2018

Building Code of Australia 2016

Residential Tenancies Act 1997 - Part 14

Building and Construction Industry Security of Payment Act 2002 - Sections 42 and 43