Enforcement notice appeals
You can appeal to the Development Tribunals about enforcement notices issued under the:
Reasons for enforcement notices
Building enforcement notices
A local government (council) may issue a building enforcement notice under the Building Act if it believes a building or structure:
- is dangerous, falling down, unfit for use or occupation, filthy, or infected with disease or vermin
- has been built without local government approval.
It may also issue a notice under the Planning Act to someone who commits a development offence; for example, by breaching a development approval.
Plumbing, drainage and on-site sewerage enforcement notices
A local government (council) may issue an enforcement notice under the Plumbing and Drainage Act if it believes plumbing, drainage or an on-site sewerage facility:
- is dangerous, defective or inadequate for the site
- doesn’t comply with the Act
- has been installed without local government approval.
Time frames
In most cases, you must lodge your appeal within 20 business days of receiving the notice.
However, you have only 5 business days to lodge your appeal (from the day you receive the notice) if you receive an enforcement notice for a:
- dangerous building or structure under the Building Act
- plumbing, drainage or on-site sewerage facility that is dangerous, constitutes a health risk or is discharging incorrectly under the Plumbing and Drainage Act.