Who can apply to the Building Appeals Board (BAB)?
Applications seeking hearings in relation to appeals and disputes may be made by the owner or purchaser of a building or land, an agent of the owner, a prescribed reporting authority, a building surveyor or, in matters involving protection of adjoining property, the adjoining owner.
Applications for modifications of the Building Regulations or Building Code of Australia may be made by the owner or purchaser of a building or land, an agent of the owner, or certain authorities.
For more information, visit the How to apply section of our website.
How much does it cost to apply to the BAB?
The cost of your application will vary depending on which Section of the Building Act 1993 it relates to and whether your building project is residential or commercial.
Who hears my appeal, dispute or modification?
A panel of members chosen from the Building Appeals Board will hear your case. All members of a particular panel possess specialist knowledge or skills relevant to the matter at hand.
Who can be present at a hearing?
All parties to an appeal or dispute may be present at the hearing and are encouraged to do so in order to present their case. Alternatively they may be represented by a nominee.
If you can't be present at your hearing, you may forward a written submission. Written material must be received by the Registrar no later than 7 days before the hearing.
Any witnesses to the case may also be present, and hearings are open to the public except under special circumstances. If you're interested in attending a hearing as an observer, please contact the BAB prior to the hearing on 1300 421 082 or firstname.lastname@example.org
How long will I wait for my hearing?
A hearing will be listed within 8–12 weeks of a fully completed application, where no further information is required by the Board.
You will be notified by mail of the time, date and venue of your hearing a minimum of seven days in advance.
When can I expect a determination?
Determinations of appeals and disputes are usually sent out within 16 weeks of a fully completed application.
Determinations of modification applications are generally posted out within 2–3 days of the hearing date.
Is the BAB's decision final?
The Board's decisions is final and binding and must be put into effect by all parties. It can only be appealed at the Supreme Court on a point of law.
Who pays the costs?
Generally all parties must bear their own costs regardless of whether or not they are successful.
The Board's ability to make determinations as to costs is found in clause 16(2) and 17 of Schedule 3 to the Building Act 1993. The Board may consider an application for one party to pay the costs of the other after a determination is made. The general rule that all parties bear their own costs can only be departed from in limited circumstances.
All applications for costs must made in writing to the BAB, supported by a cost breakdown itemising any claims, and substantiated with appropriate evidence e.g. tax invoices, payment receipts etc. The Panel will give each party to the proceedings an opportunity to make written submissions in relation to a claim for costs.
Can I make a complaint?
Except for the right to appeal to the Supreme Court of Victoria on a point of law, the BAB's determinations are final and binding and cannot be disputed.
If you're unhappy with the service you've received, or the conduct of Board members or staff, you can make a complaint in writing. You must include the following information:
- case file number
- site address
- contact number or email address
- relevant dates, including hearing dates
- name of the person dealt with (if known)
- nature of the complaint
All complaints must be sent to:
Building Appeals Board
PO Box 536
Melbourne, Victoria 3001
Or you can send your complaint by email to email@example.com