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Skip Navigation LinksDepartment of Housing and Public Works > Construction > Building and plumbing > Appealing local government building application decisions > How to appeal

 How to appeal

To appeal to the Development Tribunals you must:

Timeframes

In most cases, you have only 20 business days (from the day you receive the notice) to lodge an appeal.

In some cases, shorter timeframes apply.

If you want to appeal, you must lodge an application within 20 business days of receiving:

  • a decision notice or information notice from a local government or private certifier under the Building Act 1975 or the Plumbing and Drainage Act 2002
  • a notice about a development application for material change of use of premises for a prescribed building
  • an enforcement notice issued under the Building Act 1975 or the Plumbing and Drainage Act 2002 (except as noted below) or the Planning Act 2016
  • an infrastructure charges notice.

Shorter timeframe

Timeframes are different for certain appeals.

You have only 5 business days to lodge your appeal if you receive an enforcement notice for a:

  • dangerous building or structure under the Building Act 1975
  • plumbing, drainage or an on-site sewerage facility that is dangerous, constitutes a health risk or is discharging incorrectly under the Plumbing and Drainage Act 2002.

Longer timeframe—failure to decide (deemed refusals)

If a local council or private certifier doesn’t make a decision within the timeframes stated in the relevant legislation, this is considered a ‘deemed refusal’. In this case, you can lodge an appeal any time after the date the decision should have been made. This applies to:

  • failures to decide a building development application
  • failures to decide a development application for material change of use of premises for a prescribed building.

10-day advice agency timeframe

If you’re an advice agency, for example Queensland Fire and Emergency Services, you must start your appeal within 10 business days of the day the decision notice or negotiated decision notice is received.



Last updated 02 July 2017    Creative Commons Attribution 4.0 International (CC BY 4.0)

When is an appeal considered ‘lodged’?

An appeal is considered to have been validly lodged only once the Registrar has received a correctly completed Form 10—Application for appeal or declaration with all relevant information included or attached and the required fee has been received and processed.

The quickest way to submit your application is by email, but you may also send it by post.



Contact details

Registrar, Development Tribunals

Department of Housing and Public Works

GPO Box 2457 Brisbane QLD 4001

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