A Guide to the New - Building Commission

Court Orders - s86
A court order can be sought from the Magistrates Court if consent from the owner
has not been given within a statutory 28 days after the notice was given to the
owner, or if the person responsible for the work is asked to provide further
information, the time limit is 14 days after the further information was given.
Encroachment - s76
The person responsible for the work (defined as the person nominated as the builder
or demolition contractor on the building or demolition permit, or owner if there is no
permit) cannot extend a building or structure onto adjoining land without the consent
of the owner of the affected land.
There are situations where the consent of the owner is not given or needed:
When the encroachment is allowed through a court order;
When the encroachment is prescribed as minor; and
When the encroachment is over Crown land, and the permission of the Minister is
given.
Minor Encroachments
No consent is needed in cases where the encroachment is deemed minor. The
definition of a minor encroachment is contained within the Department of Lands
‗Government Land Bulletin No. 5 – June 2003‘, where the details are set out in the
bulletin‘s annexure. This document will be referenced within the regulations for the
Building Act. This document is available from the Department of Regional
Development and Lands.
Crown Land
When an encroachment is over Crown land and is not of a minor nature, permission
must be sought from the Minister responsible for the Land Administration Act 1997,
who is the Minister for Regional Development and Lands.
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