Understanding your rights and responsibilities, as well as the formal steps available to you, can make the dispute-resolution process far smoother. This guide explores practical ways to handle building permit disputes and the pathways available for achieving a fair and lawful outcome.
Understand the Source of the Dispute
Building permit disagreements can stem from a variety of issues, including:
Rejected applications due to non-compliant plans
Disagreements over design changes or modifications required by a certifier
Conflicting opinions about compliance with building codes
Delays caused by incomplete documentation
Construction commencing without a valid permit
Before you take any action, it is essential to identify the exact point of contention. Understanding the root cause allows you to address the problem more effectively and choose the right dispute-resolution pathway.
Review the Relevant Legislation and Regulations
Australia’s building permit process is governed by state-specific legislation. For instance:
Victoria: Building Act 1993 and Building Regulations 2018
New South Wales: Environmental Planning and Assessment Act 1979
Queensland: Building Act 1975
Western Australia: Building Act 2011
These laws outline permit requirements, the role of certifiers, and how disputes must be handled. Reviewing the applicable legislation—or obtaining professional advice from someone who has—gives you clarity on whether the decision affecting your permit is lawful.
Communicate Directly With the Decision-Maker
Most disputes can be settled early through clear and respectful communication.
If your permit was rejected by a council or certifierAsk for:
The reason for the rejection
The specific clause of the code or regulation supporting the decision
Guidance on what changes or information are needed
An opportunity to resubmit or provide further documents
A short meeting or phone call can often resolve misunderstandings quickly, avoiding the need for formal dispute resolution.
Seek Independent Expert Advice
A qualified building consultant, private certifier, architect or construction lawyer can:
Review plans for compliance
Assess whether the certifier or council's decision was justified
Identify alternative design solutions
Help prepare documentation for appeals
This can be particularly helpful in disputes involving complex technical matters or regulatory interpretation.
Use the Council or Certifier’s Internal Review Process
Most councils offer an internal review process for planning and building-related decisions. You may request:
A review by a senior certifier
Reconsideration of the permit decision
Written justification for the refusal
Ensure you submit:
Revised plans (if required)
Additional documentation
A clear written statement explaining your position
This step is often cost-effective and faster than escalating the dispute externally.
Lodge a Formal Appeal With Your State Tribunal
If initial discussions and internal reviews fail, the next step may be lodging an appeal with your state’s civil and administrative tribunal, such as:
VCAT (Victoria)
NCAT (New South Wales)
QCAT (Queensland)
SACAT (South Australia)
WASAT (Western Australia – formerly SAT)
These tribunals resolve disputes involving building permits, compliance notices, and decisions by councils or certifiers.
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Mediation
Compulsory conferences
Formal hearings
You will need to present evidence, expert reports and relevant documentation. A construction lawyer can greatly assist during this stage.
Consider Mediation or Alternative Dispute Resolution (ADR)
Alternative dispute resolution can be a smoother and less confrontational way to settle building permit issues. Mediation is encouraged under many Australian construction laws and offers:
A neutral third-party mediator
A confidential and collaborative environment
A cost-effective alternative to litigation
Faster outcomes compared to formal hearings
ADR is especially beneficial when disputes involve ongoing relationships between builders, owners and certifiers.
When Litigation May Be Necessary
Although a last resort, litigation may be required if:
Public safety is at risk
A permit was unlawfully denied
A tribunal decision is appealed
There is evidence of negligence or misconduct
Court proceedings are more time-consuming and costly, but they may be necessary in high-stakes or unresolved disputes.
How to Avoid Future Building Permit Disputes
Prevention is always easier than resolution. Consider:
Engaging experienced designers who understand local planning rules
Confirming building classifications early
Double-checking all required documentation before submission
Keeping clear written communication with your builder and certifier
Ensuring no work starts before the permit is formally issued
A proactive approach reduces the likelihood of costly delays and legal complications.
