Building Appeals Board

The Building Appeals Board is a statutory body established by the Building Act 1993 and is 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
appeal against the director when acting in the capacity of a building certifier.

Building setbacks

In areas within gazetted building control areas and not covered by the NT Planning Scheme (unzoned land)

In gazetted building areas where the NT Planning Scheme does not apply (ie unzoned land such as Adelaide River, Timber Creek etc) setbacks are determined by the Building Regulations. Applications to vary these should be made to the Building Appeals Board, using the application for modification of setback requirements, see below.

In areas covered by the NT Planning Scheme (zoned land)

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

Meetings

The Building Appeals Board meets only when the board has matters to determine.

Committee members

Composition of the board

The board consists of members appointed by the minister representing various areas of the building industry, with a chairperson and deputy elected by the members.

Members are appointed for a term not exceeding 3 years.

Current board membership

Position	Name	Representation
Chairperson	Elisha Harris	Engineers Australia
Deputy chairperson	Shane Cooper	Australian Institute of Building Surveyors
Members	Mark Meldrum	Department of Infrastructure, Planning and Logistics
	Marc Renshaw	Housing Industry Association
	Elizabeth Ashton	Invited
	Regan Anderson	Invited

Policies

Policy No.	Policy
BAB 001 PDF (45.6 KB)	Setback requirements pursuant to Building Regulation 32 - under review Jan 2010
BAB 002 PDF (22.8 KB)	Blanket modification, Regulation 29(a) of the Building Regulations in flood prone areas
BAB 003 PDF (36.6 KB)	Setback requirements for truncated allotments pursuant to Building Regulation 32 - under review Jan 2010
BAB 004 PDF (54.1 KB)	Performance based assessments
BAB 005 PDF (30.3 KB)	Deferred applications before the board
BAB 006 PDF (20.8 KB)	Attendance by applicants at meetings
BAB 007 PDF (36.2 KB)	Application for modification pursuant to section 131 of the Building Act - encumbrances

M06/241 - plan PDF (130.8 KB) showing approved setbacks for subdivision of Lyons.

Forms and fees

Application forms

Please contact the board for assistance on:

appeal disability access modifications decision
alternative solution decision application
application for modification of siting regulations
notice of appeal.

Fees

Application type		Fees from 1 July 2024
For an appeal to the Building Appeals Board:
(a) in the case of a Class 1 building, a Class 2 building not exceeding 3 residential storeys or a Class 10 building		$162
(b) in the case of any other building		$324
For an application to the Building Appeals Board:
(a) for a disability access decision about a Class 1b building, Class 2 building that does not exceed 3 residential storeys or Class 10 building		$765
(b) for a disability access provision about any other building		$1,532
For an amendment to an application to the Building Appeals Board:
(a) for a disability access decision about a Class 1b building, Class 2 building that does not exceed 3 residential storeys or Class 10 building		$383
(b) for a disability access provision about any other building		$767
For an application (other than an application relating to the modification of Part 9 of the Building Regulations 1993 in relation to a Class 1 or Class 10 building) to the Building Appeals Board for modification of the Building Regulations 1993 - for each modification:
(a) in the case of a Class 1 building, a Class 2 building not exceeding 3 residential storeys or a Class 10 building		$162
(b) in the case of any other building		$324
For an application to the Building Appeals Board relating to the modification of Part 9 of the Building Regulations 1993 in relation to a Class 1 or Class 10 building		$80
For an inspection of a decision of the Building Appeals Board		$15
For a copy of a decision of the Building Appeals Board - per page		$1

Legislation

In the Northern Territory

Related sites

Other related boards and committees