Building Appeals Board
The Building Appeals Board (Board) is a specialist expert tribunal that makes decisions about matters relating to the Building Act 1993 (Act) and the Building Regulations 2018, which includes the Building Code of Australia. The Board acts in the public interest, having regard to building safety, amenity and energy efficiency, as well as cost effective construction.
The Board's jurisdiction is set out under Part 10 of the Act and includes the consideration and determination of:
- appeals (ss 138 to 144A of the Act).
- disputes (ss 150 to 158 of the Act).
- compensation applications (s 159 of the Act).
- whether a provision of the building regulations should not apply to a building or land or should apply with a modification or variation (s 160 of the Act).
- whether a provision of the building regulations relating to access for persons with disabilities should not apply to a building or land or should apply with a modification or variation (s 160B of the Act).
- whether a particular design or an element of a building complies with the Act or the building regulations (s 160A of the Act).
The Board hears these matters usually sitting in panels of two or three members. Hearings are conducted either in a physical or virtual hearing room. Panels are made up of professionals from across the building industry, chosen based on the nature of the matter and the expertise required.
The Board may also conduct site inspections and may list some matters for mediation if appropriate.
A written determination usually with reasons or findings is issued to all parties to the proceeding once the Board has made its decision.
The Board's determinations are final and must be put into effect by the parties to the proceeding. They can only be appealed to the Supreme Court of Victoria by way of judicial review on a point of law.
Reports from the Board’s Chair
The Board publishes reports summarising the functions and achievements of the Board in each financial year.
Information about Board activities prior to the 2019–20 financial year can be found in the VBA’s annual reports.