Building Appeals Board

This article delves into the following key topics:

• What is the Building Authority Board;
• Dispute Resolutions;
• The Boards Authority;
• Costs of the Building Authority Board;
• Review of Decisions;

The Buildings Appeals Board (‘BAB’) of Victoria serves as a specialised tribunal under Part 10 of the Building Act 1993 (Vic) and the Building Regulations 2018. The board is led by expert members including but not limited to builders, surveyors, engineers, architects, and construction lawyers. This ensures that decisions are made not solely based on legal grounds, but also consider the technical nuances inherent in building control matters. The overarching purpose of the board is to make determinations concerning various building control matters enshrined in the Building Act.

Dispute Resolutions

Dispute resolutions involve panel hearings compromised of two or three expert members who assess the matters on their merits and legal grounds. The proceeding is conducted in a physical or virtual hearing room and the decision is binding. This decision can only be contested through judicial appeals based on an issue or question of the law. Additionally, the BAB reviews decisions by various statutory authorities concerning a range of issues such as termination, permits and regulatory compliance.

The Boards Authority

The BAB’s authorities cover a wide range of functions, which are essential for maintaining building standards and safety. The kind of disputes which the BAB has the authority to hear are:

• Disputes between owners and building surveyors, regarding the exercise by the relevant building surveyors (RBS) of inspection powers and powers of entry;
• Disputes between an owner and adjoining owner, regarding carrying out emergency protection work, protection works insurance cover, a survey of the adjoining property, expenses for the supervision of protection works and any other disputes regarding the protection work regime under Part 7 of the Building Act 1993;
• Disputes between an owner and a relevant building surveyor, regarding the building surveyor’s estimate of the cost of works for which the permit is sought;
• Disputes concerning building works and the application and effects of building regulations between owners, builders, building surveyors, and/or the authority; and
• Disputes between adjoining owners regarding the construction and/ or costs of party walls.

Costs

Costs within BAB proceedings follow a principled approach, that parties typically bear their own costs under section 17, schedule 3 of the Building Act. Although the board may, under specific circumstances such as meritless claims or procedural misconduct, determine otherwise. This cost framework aims to discourage frivolous litigation while also ensuring fairness and accountability in the dispute resolution process.

Review of Decisions

The BAB has several grounds for application for review to the Building Appeals Board of a decision by a statutory Authority. This is inclusive of the following:

Review of Decisions Concerning Building and Occupancy Permits:

This is an appeal brought to the BAB by owners, purchasers, or reporting bodies regarding decisions made by statutory authorities on building and occupancy permits before occupation.

Review of Directions to Fix Building Work:

This pertains to challenges against directions issued by the RBS or the Victorian Building Authority (VBA) for non-compliance with building standards, with the Building Appeals Board having jurisdiction for review.

Review of Termination of RBS:

This covers appeals concerning the termination of private building surveyor functions, reviewable under section 140 of the Building Authority.

Protection Works Appeals:

Protection works appeals deal with determination or requests for information by adjoining owners, reviewable under section 141 by owners or adjoining owners.

Building Notices and Orders, and Emergency Orders:

This involves appeals against notices, orders and emergency orders issued by the RBS regarding building works, with review options available.

Building Regulations:

This is governed by section 144 of the Building Act, which allows owners to challenge decisions or exercise discretions under the Building Regulations, covering various matters such as building projections or construction in flood-prone areas.

Disclaimer

Please note that this article is not intended to be legal advice. If you wish to seek legal advice, our experienced team at Elamine Lawyers can help you with all types of building disputes. Contact us today at admin@elaminelaw.com.au or call us at 03 8400 0100.