Apply for appeal or declaration
How to apply
To lodge an application for an appeal or a declaration with the Development Tribunals:
- submit a Form 10—Notice of appeal/application for declaration
- pay the fee (speak to the Registrar about the applicable fee)
- submit the application via:
- email: registrar@epw.qld.gov.au
- post: GPO Box 2457 Brisbane QLD 4001
- in person (speak to the registrar about the current registry location).
Include all relevant documents with your application, including site plans, council and private certifier notices, photos and any relevant council correspondence.
We consider your application to be lodged validly when the Registrar has:
- received a correctly completed application form with all relevant information
- received and processed the required fee.
Time frames for appeal applications
We recommend that you always seek legal advice about time limit issues, as you could lose significant rights due to a time limit expiring.
General time frame
In most cases, you have 20 business days to lodge an appeal from the day you receive:
- a decision notice or information notice from a local government or private certifier under the Building Act 1975 or Plumbing and Drainage Act 2018
- a notice about a development application for material change of use of premises for a classified building
- a notice about a decision or condition of a development application
- an enforcement notice issued under the Building Act, Plumbing and Drainage Act (except as noted below) or Planning Act 2016
- an infrastructure charges notice.
Shorter time frames apply in some cases.
Shorter time frame
You have only 5 business days to lodge your appeal if you receive an enforcement notice for a:
- dangerous building or structure under the Building Act
- plumbing, a drainage or an on-site sewerage facility that is dangerous, constitutes a health risk or is discharging incorrectly under the Plumbing and Drainage Act.
Longer time frame—failure to decide (deemed refusals)
If a local council or private certifier doesn’t make a decision within legislated time frames, this is considered a ‘deemed refusal’.
This applies to failure to decide a:
- building development application
- development application for material change of use of premises for a classified building.
If this occurs, you can lodge an appeal any time after the date the decision should’ve been made.
10-day advice agency time frame
If you’re an advice agency, such as Queensland Fire and Emergency Services, you must start your appeal within 10 business days of the day you receive the decision notice or negotiated decision notice.
Time frames for declaration applications
In most cases, you have 20 business days after receiving the notice to apply for a declaration about:
- whether the development application is properly made
- a matter stated in an acknowledgement notice (see above).
There is no time frame for applying for a declaration about:
- whether a request for compliance assessment has lapsed
- a change to a development approval if the approval is for a material change of use of premises that involves the use of a prescribed building.
Assessment managers have 10 business days to apply for a declaration after receiving a development application.
Contact us
For more information about appeal process and hearings:
- phone the Registrar on 1800 804 833
- email registrar@epw.qld.gov.au.
Note: The Registrar can’t provide legal advice.