The new Building Act 2011 is here and the applications are flowing in. But how long does a Local Government have to determine applications? And what happens if they are not determined within those deadlines?
Section 23 of the Building Act 2011 outlines how long a Local Government has to evaluate an application for a building permit or demolition permit. Below is a table which explains when a decision needs to be made.
| Event | Number of Days |
| UNCERTIFIED APPLICATION Local Government has NOT requested additional information under section 18 from the applicant | 25 business days (regulation 20(1)) - count the days from the day after the application was lodged with the local government |
| UNCERTIFIED APPLICATION Local Government has requested additional information under section 18 from the applicant | 25 business days (regulation 20(1)) - count the days from the day after compliance with the request under section 18 (or the day after the end of the 21 calendar days if the information has not been supplied). |
| CERTIFIED APPLICATION Local Government has NOT requested additional information under section 18 from the applicant | 10 business days (section 23(2(a)(i) and regulation 20(2)) - count the days from the day after the application was lodged with the local government |
| CERTIFIED APPLICATION Local Government has requested additional information under section 18 from the applicant | 10 business days (section 23(2(a)(i) and regulation 20(2)) - count the days from the day after the compliance with the request under section 18 (or the day after the end of the 21 calendar days if the information has not been supplied). |
What happens if the Local Government does not decide within these prescribed periods?
If a Local Government has not made a decision by the required time, there is a "deemed refusal" and a right to apply to SAT for a review of the decision commences.
| Event | Consequence |
| If no decision made within required time frame and all information from external sources has been received. | Local Government is taken to have refused the application (section 23(3)) and must refund the fee associated with the lodging of the application. (section 23(4)) |
| If no decision made and applicant has not complied with a section 18 request for more information. | Local Government is taken to have refused the application (section 23(3)) but does not refund the fee associated with the lodging of the application. (section 23(4)) |
| If no decision made and Local Government has referred the application to the Heritage Council but the Heritage Council has not provided its response within the prescribed period for the local government to decide the application | Local Government is taken to have refused the application (section 23(3)) but does not refund the fee associated with the lodging of the application. (section 23(4)) |
It is worth noting that due to section 23(6) of the Building Act 2011, if the deadlines have passed without a decision being made, a local government can still make the decision. That decision is treated as a decision made prior to the deadline but the local government is not entitled to the fees associated with the application.
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