BUILDING ACT 1993 - SECT 138 Building and occupancy permits
BUILDING ACT 1993 - SECT 138
Building and occupancy permits(1) An appeal may be made to the Building Appeals Board against—
(a) the refusal or deemed refusal of a permit; or
(b) the imposition of a condition on a permit other than a prescribed condition or a condition required by or under this Act or the regulations to be included in a permit; or
(c) the amendment or cancellation of a permit; or
(d) the refusal or deemed refusal of an application to amend or cancel a permit; or
(e) the failure, within a reasonable time, to decide an application to amend or cancel a permit, if no time is prescribed within which the decision must be made.
(2) An appeal may be made to the Building Appeals Board against a requirement of a reporting authority or relevant building surveyor to—
(a) give more information about a permit application; or
(b) amend a permit application.
(3) If a condition of a permit leaves anything to be determined or approved by a person or body or confers any similar discretion on a person or body, an appeal may be made to the Building Appeals Board against—
(a) the person's or body's failure, within a reasonable time, or refusal to make that determination, give that approval or exercise that discretion; or
(b) that determination or approval or the exercise of that discretion.
(4) An appeal under this section may be made by—
(a) the owner of the building or land in respect of which the permit is sought; or
(b) if the land in respect of which the permit is sought is a lot of a kind referred to in section 9AA(1) of the Sale of Land Act 1962 , the purchaser under a contract of sale of that lot.
(5) A prescribed reporting authority may appeal to the Building Appeals Board against a decision to issue a permit that differs from, or fails to implement, the authority's recommendations in a report on the application for the permit.
S. 138A inserted by No. 15/2016 s. 53.