Appeals : Modifications

Tasmanian building legislation contains provisions that allow for an authority to vary particular requirements of the regulations and the BCA. 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.

The methods adopted by legislation include powers conferred to the Building Appeals Board, the lodgement of objections to a provision that a consent authority has made, or through an authority or building surveyor to make performance based decisions by qualified practitioners.

The Building Appeal Board is established under the Building Act 2000, and is a body of at least seven persons appointed by the Minister for Justice under the Building Act 2000.

The functions of the Appeal Board include appeals and applications under the Act, and involve disputes relating to any matter in the Building Regulations 2004 or the Plumbing Regulations 2004.

The Board consists of a Chairman and at least seven other members, with membership consisting of persons with knowledge and expertise in building surveying, architecture, engineering, building, plumbing, local government, environmental and public health as well as access for people with disabilities.

Hendry Building Surveyors assist owners, architects, builders and designers in achieving their objectives where an alternative solution has a basis for its acceptance.