A Guide to the New - Building Commission

If the application is declined, the permit authority must, within 5 days, provide the
grounds and reasons for the decision to the affected person (normally, but not
always, the applicant or owner) in writing. It must also state the right of review in the
State Administrative Tribunal. An approved form will not be required for this
notification, but the contents of such a notice are contained within the Building
Regulations 2011.
When a permit authority grants a building permit, a copy of the permit must be sent
to each owner listed on the building permit application, the builder and the applicant,
if the applicant isn‘t the builder or owner.
Certified - s14
Certified building applications must be submitted with an attached certified certificate
of design compliance, signed by an appropriately registered building surveyor. A
permit authority must be satisfied as to each of the matters mentioned in section
20(1)(a) to (s) of the Act. A list of these requirements is described in table 4 below.
The certificate of design compliance provides evidence that the plans meet the
appropriate building standards. The permit authority is not obliged to review the
certificate of design compliance, and the plans associated with it.
The permit authority can accept a certified application for a complete building or for
part of a building.
The permit authority may refuse to grant a permit if it considers that there is a
significant error in the information or a document (including the certificate of design
compliance) associated with the application or that granting the permit would be
inconsistent with any of its functions under any written law or an agreement with the
owner.
The permit authority will then need to check the prescribed authorities, such as
planning, heritage, and/or health requirements, if these issues have not been
covered by the certificate of design compliance.
Once the permit authority is satisfied that the application meets the requirements, it
must issue a building permit. This must be done within the prescribed time of the
application being lodged, being 10 business days.
If further information is required the further information must be supplied within the
time specified by the permit authority. If this is not the case, the permit authority may
refuse to consider the application. A maximum time limit will be prescribed in
regulations. The prescribed time for the applicant to supply further information is a
maximum of 21 (calendar) days. As the clock is reset when additional information is
received, the permit authority has an additional 10 business days to make a
decision on the application.
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