Can you advise whether an appeal has been lodged on a protection works determination for a property?
You must put this request in writing and include the property address and send it to the registry email. We will then action your request accordingly and advise if an appeal has been filed. Please keep in mind that it can take a few days for new files to be updated on our system.
Can you advise what my appeal rights are?
As the BAB is an independent and impartial decision making tribunal it cannot provide advice. If you are seeking advice as to what your appeal rights are, you may wish to speak with a solicitor that specialises in the building sector, or a building surveyor.
Can I fast-track an appeal?
Section 147 of the Building Act 1993 provides for any party to an appeal to request that an appeal be fast-tracked. Parties requesting fast-track consideration of an appeal should provide submissions and evidence that demonstrate the reasons for the fast-track application. You can learn more about fast-track appeals on our Appeal Applications page.
The fast-track process is not intended to be a method by which parties can seek earlier determination of their appeal simply by paying additional fees. The fast-track consideration of an appeal is at the discretion of the BAB. A directions hearing will usually be listed in order to hear the application to fast-track an appeal. You can learn more about what to expect at a directions hearing by downloading Practice Note 3 (2019) – Directions Hearings (PDF, 143.18 KB).
An additional fee is required when you apply for a fast-track appeal. Please refer to our Forms & fees page for more information.
I would like to appeal a building notice and a building order concurrently. Am I required to pay two lodgement fees?
Yes, you are required to pay one fee for each decision that you are appealing. Our Forms & fees page has a full list of fees.
If I want to appeal my local Council’s decision in relation to more than one building regulation, do I have to pay more than one lodgement fee?
A lodgement fee is applicable to the decision made by Council in relation to each regulation that you wish to appeal.
Can the BAB extend the appeal period time limit?
If you submit your application after the prescribed appeal period, the BAB does not have the power to extend the time by which you may file with the BAB, nor does it have jurisdiction to hear and determine the appeal if the appeal is filed after the prescribed appeal period. For more information on appeal periods, please refer to regulation 271 of the Building Regulations 2018.
Can you tell me which appeal form to complete?
If you know what section of the Building Act 1993 you are appealing under, we can provide you with the correct form to complete and file with the registry. A list of all our application forms and fees can be found on our website.
Is the building order stayed when I lodge an appeal?
Unless you are appealing an emergency building order, a building order is unable to be enforced while the appeal against the building order is before the BAB.