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

 Declarations

A declaration is a legal determination on a point of law and therefore does not require a site inspection like most appeals.

To apply for a declaration to the Development Tribunals (Tribunals), you must submit a Form 10—Application for appeal or declaration and pay the fee.

Timeframes

In most cases, you have 20 business days after receiving the notice to apply for a declaration about:

  • whether the development application is properly made
  • a matter stated in an acknowledgement notice—but only if the application is for a material change of use that involves the use of a ‘prescribed building’ (as classified under the Building Code of Australia).
    • Generally, this means a house. However, under the code, a prescribed building is a Class 1 or Class 10 building:
      • A Class 1 building includes a single detached house; groups of 2 or more attached houses separated by fire-resistant walls; or boarding houses, guest houses or hostels with floor areas of less than 300 square metres where no more than 12 people would ordinarily live.
      • A Class 10 building is a non-habitable building such as a shed, garage, carport, fence, retaining wall, or swimming pool.

There is no timeframe for applying for a declaration about:

  • whether a request for compliance assessment has lapsed
  • a change to a development approval if the approval is for a material change of use of premises that involves the use of a prescribed building.

What you cannot seek a declaration for:

You cannot request a declaration:

  • where an application includes the written consent of the owner of the land; or
  • the development application involves a state resource prescribed under a regulation.

Assessment managers

Assessment managers have 10 business days to apply for a declaration after receiving a development application.



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


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