Building appeals
You can appeal to the Development Tribunals about matters that relate to the Building Act 1975, including:
- building development approvals
- inspection of building work
- classification of buildings
- pool fencing
- fire safety for budget accommodation.
What you can appeal
The following list is a broad summary only and is not exhaustive. If you’re unsure whether you have the right to appeal, contact the Registrar on 1800 804 833 or read schedule 1 of the Planning Act 2016.
You can appeal a decision notice regarding:
- a development application, including:
- the refusal, or deemed refusal (if you don’t receive a decision in the required time frames), of all or part of the application
- a provision of the development approval
- a decision to give a preliminary approval (if a development permit was applied for)
- operational work associated with building work, a retaining wall or a tennis court
- a development application for a material change of use for a classified building, including:
- the refusal, or deemed refusal, of all or part of the application
- a provision of the development approval
- the decision to give a preliminary approval (if a development permit was applied for)
- operational work associated with building work, a retaining wall or a tennis court
- a deemed refusal if an assessment manager fails to decide an application within required time frames under the Planning Act 2016
- a development condition if all of these apply:
- the development approval is only for a material change of use that involves the use of a class 2 building
- the building is, or is proposed to be, not more than 3 storeys
- the proposed development is for not more than 60 sole-occupancy units.
You can also appeal if you receive:
- an information notice under the Building Act or Plumbing and Drainage Act (or were entitled to receive it)
- an enforcement notice under the Building Act, Plumbing and Drainage Act or Planning Act
- a swimming pool nonconformity notice under the Building Act for a pool or pool fence that doesn’t comply with the pool safety standard.
What you can’t appeal
You can’t appeal to the tribunals if any part of a development application needed impact assessment and the assessment manager for the application received any properly made submissions.
Time frames
In most cases, you must lodge your appeal within 20 business days from the day you receive the decision notice.
If you receive an enforcement notice relating to a dangerous building or structure, you must lodge your appeal with 5 business days of receiving it.