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Skip Navigation LinksDepartment of Housing and Public Works > Construction > Building and plumbing > Appealing local government building application decisions > What you can appeal > Building appeals

 Building appeals

You can appeal to the Development Tribunals (Tribunals) about matters which relate to the Building Act 1975, such as:

  • building development approvals
  • inspection of building work
  • classification of buildings
  • pool fencing
  • fire safety for budget accommodation.

Timeframes

If you want to appeal a decision made by your local council or private building certifier, in most cases you must lodge your appeal within 20 business days from the day decision notice was given to you.

If you’ve been given an enforcement notice relating to a dangerous building or structure, you only have 5 business days to appeal from the day the decision notice was given to you.

Find out more about timeframes and how to appeal.

Examples of what you can appeal

You can appeal against a decision notice issued for the following a development:

  • application including:
    • the refusal, or deemed refusal (if you do not receive a decision on an application within the required timeframes under legislation) of all or part of the application; or
    • a provision of the development approval; or 
    • if a development permit was applied for – the decision to give a preliminary approval; or
    • operational work associated with building work, a retaining wall, or a tennis court.
  • application for a material change of use for a classified building including:
    • the refusal, or deemed refusal, of all or part of the application; or
    • a provision of the development approval; or
      if a development permit was applied for – the decision to give a preliminary approval; or
    • operational work associated with building work, a retaining wall, or a tennis court
      a deemed refusal if an assessment manager fails to decide an application within the required time frames under the Planning Act 2016
  • condition if the development approval is only for a material change of use that involves a building classified under the Building Code as a class 2 building and;
    • the class 2 building is, or is proposed to be, not more than 3 storeys; and
    • the proposed development is for not more than 60 sole-occupancy units; or
      a decision for, or a deemed refusal of, an extension application or a change application for a development approval that is only for a material change of use of a classified building.

You can also appeal if you receive:

  • or were entitled to receive an information notice under the Building Act 1975
  • an enforcement notice under either the Building Act 1975 or the Planning Act 2016
  • a pool non-conformity notice under the Building Act 1975 for a pool or pool fence that does not comply with the pool safety standard.

What you can not appeal

An appeal cannot be made to the Tribunals if any part of a development application required impact assessment and any properly made submissions were received by the assessment manager for the application.



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

More information

For more information, contact the Registrar, Development Tribunals:



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