Dispute and compensation proceedings
If you are involved in a dispute about a building, land or building work, you may be able to refer the matter to the Building Appeals Board (Board) under Division 3 of Part 10 of the Building Act 1993 (Act). The Board can only consider and determine disputes regarding:
- inspections by a building surveyor authorised under s 228B(6)(ab) of the Act (s 150 of the Act);
- protection work disputes between owners and adjoining owners regarding emergency protection work (s 151 of the Act);
- protection work disputes between owners and adjoining owners regarding insurance (s 152 of the Act);
- protection work disputes between owners and adjoining owners regarding surveys of adjoining property (s 153 of the Act);
- protection work disputes between owners and adjoining owners regarding costs of supervising the carrying out of protection work (s 154 of the Act);
- protection work disputes between owners and adjoining owners regarding any other matter arising under Part 7 of the Act including costs of assessing proposed protection work (s 155 of the Act);
- the building permit levy (s 156 of the Act);
- the application and effect of building regulations (s 157 of the Act);
- party walls (s 158 of the Act); and
- Part 14 of the Residential Tenancies Act 1997 (caravan parks and movable dwellings) or its regulations (s 520 of the Residential Tenancies Act 1997).
If you are an adjoining owner who suffers inconvenience, loss or damage during the carrying out of protection work, you may apply to the Board for an order determining the amount (if any) of compensation for that inconvenience, loss or damage (s 159 of the Act).
Standing (who may refer a dispute or apply for compensation)
To commence a proceeding you must serve your notice of referral on the Board, but only if you are:
- In a s 150 dispute, the owner or relevant building surveyor;
- In ss 151 to 155 disputes, the owner or adjoining owner;
- In a s 156 dispute, the applicant for a building permit or the relevant building surveyor;
- In a s 157 dispute, the owner of the building or land on which the building work is being or is to be carried out, the person who carries out or is to carry out the building work, the relevant building surveyor or the Victorian Building Authority;
- In a s 158 dispute, the owners of buildings with a party wall; and
- In a s 159 compensation application, the adjoining owner.
The applicant may authorise a representative to act on their behalf by signing the ‘Authority to Act (PDF, 156.8 KB)’ form.
What to serve on the Board and other parties concerned
- The completed notice of referral(s) or application form - BAB Application form - Dispute (PDF, 451.4 KB);
- A detailed written submission containing the nature of the proceeding, the grounds for commencing the proceeding and the relief sought with supporting documentation; and
- A completed Payment Details Form for payment of the prescribed fee for each referral and/or compensation application.
You must send copies of your notice of referral and/or compensation application and all correspondence and material filed with the Board to the other parties concerned in the proceeding.
Providing sufficient evidence with your notice of referral and/or compensation application is very important. You can include drawings, photographs, plans or expert reports.
Once you have served your notice of referral and/or compensation application
We will send you an email acknowledging receipt.
We aim to list completed referrals and/or compensation applications for hearing within four to eight weeks.
Provided the Board does not require any additional information after a hearing has been conducted, it will aim to make a determination on your referral and/or compensation application within one to eight weeks.
Please note the above time frames are subject to the complexity of the referral(s) and/or compensation application and the business of the Board.
Where to send your referral and/or compensation application
Building Appeals Board
Goods Shed North
733 Bourke Street
Docklands VIC 3008
Building Appeals Board
PO Box 536
Melbourne VIC 3001
Building Act 1993 - Sections 150–158
Residential Tenancies Act 1997 - Part 14
Frequently asked questions
Can I fast-track a dispute?
There is no formal statutory mechanism to fast-track a dispute. However, cl 14(3)(f) of Schedule 3 to the Act states that your dispute as with any other proceedings commenced before the Board ‘must proceed…with as much expedition as the requirements of the Act and the regulations, and the proper consideration of the matter before the Board permit’.
I have received a determination for another party to pay me compensation and they have not paid. What do I do next?
Clause 19 of Schedule 3 to the Act states that a ‘determination of the Building Appeals Board may be enforced as if it were a judgment or order of a court of competent jurisdiction’. You can learn more about the enforcement of determinations by downloading Practice Note 4 (2019) - Hearings . (PDF, 191.63 KB)