How to Appeal a Building Approval Decision in Queensland

If you are dissatisfied with a building approval decision made in Queensland, you may be able to lodge an appeal with the authorities. The Building Appeal Board hears matters related to building, plumbing, and some planning decisions made by councils and private building certifiers. There are two types of appeals: applicant appeals and submitter appeals.

Applicant appeals are made by the applicant who is dissatisfied with a development decision or condition, while submitter appeals are made by someone who made a properly made submission about a proposed development assessed under impact assessment.

Here is a step-by-step guide on how to appeal a building approval decision in Queensland:

1. Check time frames for appeal applications

There are two types of appeals – applicant appeals and submitter appeals. You need to identify which type of appeal applies to you.

It is important to know the time frames for appeal applications. In most cases, you have 20 business days to lodge an appeal from the day you receive a decision notice or information notice from a local government or private certifier under the Building Act 1975 or Plumbing and Drainage Act 2018. You can also be sent a notice about a development application for a material change of use of premises for a classified building, a notice about a decision or condition of a development application, an enforcement notice issued under the Building Act, Plumbing and Drainage Act or Planning Act 2016, or an infrastructure charges notice. Shorter time frames apply in some cases.

Learn more about the Building Approval Process.

2. Prepare your appeal

To lodge an application for an appeal or a declaration with the Building Appeal Board, you need to submit a Form 10 – Notice of appeal/application for declaration, along with the applicable fee. You can submit the application via email, post, or in person. You need to include all relevant documents with your application, such as site plans, council and private certifier notices, photos, and any relevant council correspondence.

man and woman looking a blueprints

3. Lodge your appeal

Once you have completed your appeal form and attached all the relevant documents, you can lodge your appeal. We recommend that you always seek legal advice about time limit issues, as you could lose significant rights due to a time limit expiring. The Registrar will consider your application to be valid when they have received a correctly completed application form with all relevant information and the required fee.

4. Where to apply

You can apply for an appeal or declaration with the Building Appeal Board via email, post, or in person. The Registrar’s contact details are as follows:

Registrar Building Appeal Board PO Box 2457 Brisbane QLD 4001 Phone: 1800 804 833 Email: registrar@epw.qld.gov.au

The Building Appeal Board is independent of the government and operates under the Queensland Civil and Administrative Tribunal Act 2009. They are made up of members who are appointed by the Governor in Council. The Board’s role is to provide a fair, impartial, and cost-effective process for resolving disputes between parties.

Get in touch!

If you are unhappy with a building approval decision made in Queensland, you can appeal the decision. The Court documents filed in an appeal are available to the public from the Court’s website. The public can generally attend hearings in the court.

iCertified can walk you through the process; we have accredited private building certifiers on the Gold CoastBrisbane and Sunshine Coast in Queensland.

Call us on 1300 899 078 or fill out our enquiry form to discuss your building approval needs.