Modifications and Compliance Assessments

Do I need a Building Surveyor appointed when I lodge a modification?

No, you do not have to unless the building permit application has been lodged/a building permit has been issued.

Do I need to pay one fee for each clause or regulation that I am applying to be modified or not apply?

Yes.

Can a modification application be fast-tracked?

There is no formal statutory mechanism to fast-track modification and compliance assessment applications, however, if the matter is urgent you may note this when filing your application and the basis for the urgency.

Can you recommend a Building Surveyor?

The BAB must remain impartial and therefore may not make recommendations as to which Building Surveyor to use. You can visit the VBA website for further information on appointing a Building Surveyor.

Can you assist me with completing details on an application form?

The BAB’s registry can provide you with general guidance in relation to completing the form, however we are not able to detail to you what to write on the form. For example, we can clarify who the applicant may be in your set of circumstances, but we cannot detail what to write for Building Code of Australia (‘BCA’) Performance Requirements/Deemed to Satisfy provisions.

When might more than one lodgement fee be applicable to my application?

The fee is applicable as per the nature/s and the provision/s you are seeking to modify. For example, if your application relates to multiple clauses of the BCA or multiple regulations of the building regulations, then a fee will apply for each clause or regulation the subject of your application. Similarly, if the same clause applies in multiple instances within the one building, then a fee will apply for each clause, as the BAB will assess each one individually.

Is there a hearing for a modification application?

Most applications are dealt with ‘on the papers’ however some applications (such as combustible cladding matters) are held by way of an oral hearing.

Can I apply for a retrospective (after work has commenced) modification?

It is a matter for you to decide whether you wish to lodge a modification after works have commenced. You may wish to consult with a building surveyor or a solicitor that specialises in the building sector about the most suitable course of action.