Compliance and Building Modification: Building Appeals Board

Northern Territory building legislation contains provisions that allow for an authority to vary particular requirements of the regulations and the Building Code of Australia. The appeals, departures and/ or modifications process can be a lengthy procedure, and the quality of submission and the expert advice portrayed within an application, together with the reasoning presented, can influence the end result.

Building Act 2010 The methods adopted by legislation include powers conferred on the Building Appeals Board, a statutory body established by the Building Act and responsible to determine:

modifications to the application of building regulations;
appeal by the owner or agent against the decision of a Building Certifier;
appeal by the Director against the decision of a Building Certifier; and
appeal against the Director when acting in the capacity of a Building Certifier.

The Building Appeals Board meets only when it has matters to determine, via a Notice of Appeal.

In areas covered by the NT Planning Scheme, applications to vary the setback provisions are determined by the Development Consent Authority (DCA).

The Development Consent Authority is established under section 82 of the Planning Act. Divisions of the Development Consent Authority determine development applications within their division area. Outside of these areas the consent authority is the Minister.

Currently there are 7 division areas, generally associated with the larger population centres, Alice Springs, Batchelor, Darwin, Katherine, Litchfield, Palmerston and Tennant Creek.

HENDRY building surveyors assist owners, architects, builders and designers in achieving their objectives where an alternative solution has a basis for its acceptance.