The Building and Development Tribunals are established under the Integrated Planning Act 1997 (IPA). The tribunals determine appeals lodged by applicants who are dissatisfied with a local government or private building certifiers’ decisions.  The purpose of the tribunals is to provide an accessible, affordable and timely service for deciding appeals.

Tribunals are made from a pool of 66 appointed general referees on a ‘when and as required basis’. There are no permanent appointments to tribunals.

Tribunals are not bound by the rules of evidence. Legal representation is not permitted at a tribunal hearing and each party to an appeal must bear their own costs for the appeal.

Jurisdiction of the Tribunals

A Tribunal has jurisdiction to decide defined matters which relate to the:

• Integrated Planning Act 1997
• Building Act 1975 (other than a matter under that Act that may or must be decided by the Building Services Authority)
• Plumbing and Drainage Act 2002 [IPA 4.2.7 (2) (a)]
• Residential Services (Accreditation) Act 2002
• matters prescribed under a regulation [IPA 4.2.7 (2) (b)] [Integrated Planning Regulation 1998 (section 9)].

Appeals heard by Building and Development Tribunals

Tribunals hear a range of matters including decisions about:

• siting requirements for houses, garages, carports, sheds, etc
• compliance with building requirements about the public health standards for residential services buildings
• conformity with the fire safety standards
• compliance with the child care standard
• swimming pool fencing requirements
• compliance with the Building Code of Australia
• information notices about plumbing and drainage matters
• inspection of building work and certificates of classification
• enforcement notices about building and plumbing matters
• appeals by referral agencies
• the amount and form of security for the removal and rebuilding of a building or structure
• amenity and aesthetics
• a range of other minor matters under the legislation.

Under the IPA, decision notices and enforcement notices must state the rights of appeal for the applicant or a person to whom a notice is given.

Lodging an appeal

When to lodge

An appeal by an applicant against a decision of a local government or private building certifier must be lodged with the Registrar of Building and Development Tribunals within 20 business days of the day the decision, notice or requirement is received by the applicant.

An appeal may be lodged against a failure to decide a development application (deemed refusal) and may be started at any time after the last day a decision on the matter should have been made.

An advice agency (for example: Queensland Fire and Rescue Service) must lodge its appeal within 10 business days of the day the decision notice or negotiated decision notice being given to the advice agency.

An appeal under section 248 of the Building Act 1975 against an enforcement notice given in relation to a dangerous building or structure must be lodged within five business days after the day the notice is given to the applicant.

How to lodge

The legislation requires the completion of the appeal form (Form 10) ( 110 KB). and payment of the appropriate fee within the required timeframe.

Further information

Contact the Registrar, Building and Development Tribunals for further information.