Victorian Consolidated Legislation

Building Act 1993 - SECT 24

Refusal of building permit

24. Refusal of building permit



(1) Subject to section 24A and Division 4, the relevant building surveyor must
not issue a building permit unless he or she is satisfied that-

   (a)  the building work and the building permit will comply with this Act
        and the building regulations; and

   (b)  any consent of a reporting authority required under this Act or the
        regulations or under any other Act or regulations is obtained or
        deemed to have been obtained in accordance with Schedule 2; and

   (c)  any relevant planning permit or other prescribed approval has been
        obtained; and



   (d)  the building permit will be consistent with that planning permit or
        other prescribed approval.

(2) Subject to section 24A and Division 4, the relevant building surveyor must
not issue a building permit that imposes on the applicant lesser or greater
standards or requirements than those prescribed by this Act or the building
regulations, unless permitted to do so by this Act or the building
regulations.

(3) The relevant building surveyor must not issue a building permit for the
carrying out of building work for which notice is required to be given to the
Victorian Urban Development Authority under section 18A unless the Authority
has notified the relevant building surveyor under section 51ZA of the
Victorian Urban Development Authority Act 2003 that-



   (a)  a general development charge or an infrastructure recovery charge is
        not payable in respect of the building work for which the permit is to
        be issued; or

   (b)  if a general development charge or an infrastructure recovery charge
        is payable in respect of that building work, the charge has been paid
        or the person liable to pay the charge has entered into an agreement
        with the Authority under section 51Y of that Act to pay the charge.



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(5) If an amount of community infrastructure levy is payable under Part 3B of
the Planning and Environment Act 1987 in respect of a development for which
building work is required, the relevant building surveyor must not issue a
building permit in respect of that building work unless he or she is satisfied
that-

   (a)  that amount of levy has been paid to the relevant collecting agency
        under that Part; or



   (b)  an agreement to pay that amount of levy has been entered into under
        that Part.