Determinations of the Board

Obtaining a copy of a determination of the Building Appeals Board (Board)

Some determinations made by the Board from 2018 onwards are available on the Australasian Legal Information Institute (Austlii) website.

Determinations made by the Board for a specific address that is not published on Austlii can be requested by sending an email to the registry of the Board.

In most cases, determinations of the Board are available to the public on request, unless a confidentiality or suppression order had been made by the Board with respect to a determination. There is no fee prescribed by the regulations to request or receive a determination of the Board.

Significant determinations of the Board

A determination of the Board considered a compliance assessment application made under s 160A of the Building Act 1993 by the Melbourne Cricket Ground Trust. In that determination the Board considered whether the proposed performance solution for the cladding arrangement at the Northern Stand of the Melbourne Cricket Ground complies with the Performance Requirements CP1, CP2 and CP4 of the Building Code of Australia 2019, Volume One.

A determination of the Board determined that it does not have jurisdiction to modify regulation 59 of the Building Regulations 2018 to permit the extension of the completion date on a building permit even if the building permit has not lapsed. You can read that determination by clicking on the link above.

It is also important to note that any appeal to the Board against a decision of the relevant building surveyor refusing to extend the completion date on a building permit must be filed with the Board before the permit lapses and within 30 days after the day you are in receipt of the relevant building surveyor’s refusal or deemed refusal.

Frequently asked questions

Can I get clarification on a determination I have received?

We cannot interpret or elaborate on determinations and their reasons. Determinations of the Board are final. If you require assistance with understanding the determination, you may wish to seek independent legal or professional advice.

Can I appeal a Board determination?

Requests for judicial review of the Board’s determinations may be made to the Supreme Court of Victoria. For more information on how to request a judicial review, please visit the Supreme Court of Victoria’s website located here: Supreme Court website.

What are high rise awards?

High rise awards are determinations that were made by the former Building Referee’s Board under uniform building regulations in operation in Victoria at the time which allowed buildings to be taller. If you would like to know whether a high rise award exists for a particular building, please put your request in writing and include the property address and email it to  the registry email.