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    Building rules disputes

    Under section 206 of the Act, where there is a dispute about the Building Rules, a party to the dispute may apply to the court for a determination. The dispute must relate to:

    • the effect of the rules in specific circumstances
    • the manner in which they are to be carried into effect
    • whether the rules should be modified
    • whether the rules in a matter relating to building work have been satisfied
    • the construction of a party wall and who is to bear the costs of its construction
    • any other prescribed matter.

    [see Planning, Development and Infrastructure Act 2016 (SA) s 202(1)(f)].

    These disputes are heard and determined by one or more commissioners of the Environment Resources and Development Court (not a Judge) who will determine the matter as a building referee. The commissioner can however refer any matter of law to a Judge of the Court for determination. No appeal lies from a commissioner's decision on a question of fact [s 206(3)].

    Building rules disputes  :  Last Revised: Wed Aug 27th 2014
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