Building Appeals: Departures: Building Modifications

Most State and Territory building legislation contain provisions, building appeals, building modifications or departures, that allow for an authority or building surveyor to vary particular requirements of the regulations and the Building Code of Australia in the case of existing building upgrades.

The methods adopted by legislation include powers conferred on the Fire Brigade Service, the establishment of building appeals boards, the lodgement of objections to a provision that a consent authority has made, (building modifications), a court process, or through an authority, Council or building surveyor to make performance based decisions by qualified practitioners.

Victoria

In the case of Victoria it is the Building Appeals Board, an independent statutory body established under the Building Act 1993, to hear building appeals, disputes and building modifications in relation to building control matters. The Building Appeals Board can waive, modify or vary the provisions of particular regulations based on the particular case by issuing building modifications.

In the case of New South Wales it is the Land and Environment Court that deals with building appeals, established under the Land and Environment Court Act 1979 to determine environmental, development, building and planning disputes. The court proceedings fall into three categories, administrative or merits review, enforcement, and building appeals proceedings.

In the case of Queensland, Building and Development Dispute Resolution Committees hear building appeals. These are established under the Sustainable Planning Act 2009, have the power to hear building appeals and to decide certain matters defined in the following Acts:

Sustainable Planning Act 2009
Building Act 1975 (other than a matter under that Act that may or must be decided by the Building Services Authority)
Plumbing and Drainage Act 2002 [SPA 508 (a)]
Residential Services (Accreditation) Act 2002 [SPA 508 (c)]
Matters prescribed under a regulation.

In the case of Western Australia, the State Administrative Tribunal, established under the Planning & Development Act 2005, hears most matters involving building appeals other than those that involve the Environment, which is heard by the Office of Appeals Convenor, established under the Environmental Protection Act 1986.

The building appeals, and building modifications process can be a lengthy procedure, and the quality of a building appeals submission and the expert advice portrayed within an application, together with the reasoning presented, can influence the end result.

HENDRY building surveyors assist owners, architects, builders and designers in achieving their objectives where an alternative solution has a sound basis for its acceptance in building appeals and building modifications.