Past determinations of the Building Appeals Board (BAB)
This section of the website provides indicative examples on how the BAB carries out its business and the role it fills for the industry and the wider community.
The decisions described should be treated purely as illustrations. They are valid only in the context of the particular case in which they were given. The details of the applicants and local authorities involved have been omitted.
Determinations of appeals, disputes, modifications and referrals will be regularly updated.
The BAB is an integral part of the building industry as an appeal body, sounding board and modifying or varying authority. It is pleasing to note that since the introduction of the performance based Building Code of Australia 1996, the building industry has embraced performance based building regulations with great success and that the BAB has endeavored to remain current and relevant during this time.
Clarification on applications for modifications
An application for a modification, pursuant to Section 160 of the Building Act 1993, can be made so that a provision of the regulations either does not apply or should apply with the modifications or variations as specified in the application. Modifications will only be granted where the BAB is satisfied that, in the particular circumstances, the provision is inappropriate or a modification would be reasonable and not detrimental to the public interest.
Clarification on applications for referrals
An application for a referral, pursuant to Section 160A of the Building Act 1993, can also be made to the BAB to affirm that a particular design of a building or an element of a building complies with the Act, the building regulations or any document applied, adopted or incorporated in the building regulations. The applicant is to nominate the assessment method(s) to be adopted to support the application for referral. The assessment methods that can be used are the same as those detailed in Part A0.9 of the Building Code of Australia 1996 (Volume 1) or Part 1.0 of the Building Code of Australia 1996 (Volume 2 - Housing Provisions).
