What you need to know about the BAB

The Building Appeals Board (BAB) is an independent statutory body established under the Building Act 1993.  It seeks the best possible building outcomes for the building industry and the community as a whole.

It is empowered to determine any matter relating to the Building Regulations 2006 (the Regulations), the Building Code of Australia 2006 and specified provisions of the Building Act 1993 (the Act).The aim is to achieve building safety, amenity and sustainability outcomes matched to community goals. To achieve the best possible outcomes, requires an ability to make judgments on the applicability of codes and rules in particular cases. This is the role the BAB plays.

The BAB hears appeals and disputes if any doubt, difference or dissatisfaction arises in relation to building control matters. Determinations are made to waive, modify or vary the provisions of particular regulations based upon the particular case.  Furthermore, the BAB can determine that a particular design or element of a building complies with the Act and Regulations. There are a number of circumstances in which the BAB may be of assistance to you.

The BAB provides services under three categories:

• Appeals - against building surveyors, the Building Practitioners Board, the Building Commission or your local council
• Disputes - about the applicability of the Regulations,adjoining property protection work and inspections
• Referrals and modifications need decisions on whether a design or element of a building complies with the Act and Regulations or whether a provision of the Regulations does not apply to a particular building.

A panel of building experts who bring many years of experience to the process will save you unnecessary expenditure, as legal representation is not required.BAB decisions are made quickly and cannot be appealed, except to the Supreme Court on matters of law. Furthermore, the BAB has the ability to fast track appeal matters in accordance with s147 of the Act.

All applications for BAB must be made on the forms available from the BAB. The forms and fee schedules are downloadable here Application forms. Applications may be made in person or by mail. F

Public attendance at Board hearings

The Building Appeals Board hearings are usually held on Thursday mornings and are open to the public.  Observers are welcome in Board hearings providing they are not a witness in the matter being heard.  On occasions, the Board may decide it is in the public's interest to hear an appeal in private.

Case listings and times are confirmed the day prior to hearings and any member of the public wishing to attend should contact the Registrar on 1300 815 127 for further information and to ensure they can be accommodated.