For many builders and property owners, a setback often comes in the form of a single word from council or a building surveyor. No.
A refused permit, an unfavourable determination or a disagreement about how the regulations should be interpreted can stall a project and create significant stress.
In Victoria, the Building Appeals Board (BAB) provides an independent pathway to resolve these issues. Understanding how the process works is essential for anyone who wants clarity, fairness and a practical solution.
As consultants, my team at Deemed to Perform regularly supports clients through the BAB process. With the right preparation and advice, an appeal or modification can often be the most effective way to keep a project moving.
What Is the Building Appeals Board?
The Building Appeals Board is an independent body that reviews decisions made by councils and building surveyors. Its purpose is to resolve disputes, grant modifications, issue determinations and provide clarity on how the building regulations apply to specific circumstances.
The BAB is not on the side of the council, the respondent, or the applicant. Its role is to assess the facts, consider the regulations and decide what is reasonable, safe and compliant.
When an Appeal, Determination or Modification May Be Needed
There are several reasons a builder or owner may need to apply to the BAB.
Refusal of a building permit
If a building surveyor will not issue a permit due to a perceived compliance issue, an applicant can seek a determination.
Disputes about interpretation
Builders often disagree with how a regulation or NCC clause has been applied. The BAB can provide clarity by issuing a ruling.
Requesting a modification
Not all sites or existing conditions neatly fit the regulations. In some cases, the BAB may grant a modification that allows compliance to be achieved in a different way.
Council enforcement action
If council issues a direction or notice that the applicant believes is unreasonable or incorrect, the matter can be appealed.
Appealing a Report and Consent refusal
When a council refuses a Report and Consent application, it can create significant delays for builders and owners who believe their design meets the intent of the regulations. The BAB provides a pathway to challenge this refusal by reviewing the reasons provided by council and assessing whether the proposed design satisfies the relevant performance and safety requirements. If the BAB determines that the design is reasonable and does not create risk, it may overturn the refusal and allow the project to proceed.
How the BAB Process Works
Understanding the steps helps reduce uncertainty and ensures the best chance of a successful outcome.
1. Assess the issue and confirm eligibility
We start by reviewing the council or building surveyor’s decision and determining whether an appeal, determination, or modification is the appropriate pathway.
2. Prepare supporting documentation
The strength of a BAB application relies on clear, technical and regulatory evidence. At Deemed to Perform, we assist with preparing reports, drawings, expert opinions and submissions.
3. Lodge the application
Once lodged, the BAB schedules a hearing date. In some cases, the matter may be resolved through written submissions without a formal appearance.
4. Attend the hearing
Applicants may attend with their consultants. Our role is to support clients by presenting the technical and regulatory basis for the appeal.
5. Receive the determination
The BAB issues a written outcome that is binding. This decision then directs how the project can proceed.
How Deemed to Perform Supports Your Appeal
Navigating the BAB process without guidance can be overwhelming. Our team provides independent advice, detailed assessments and robust submissions that clearly outline the compliance pathway. Whether you are seeking a modification, challenging a decision or requesting clarity, we help you present the strongest possible case.
Need Help Preparing a Building Appeals Board Application?
If council or your building surveyor has said no and you are unsure about your next step, we can help.
Contact Deemed to Perform Consulting today for expert support through the BAB process and get your project moving again with confidence.
