The reforms under the Building Act 2011 and the
Building Services (Registration) Act 2011, which commenced
operation on 2 April 2012, have introduced a new certification
process, which is intended to streamline the building approval
process and which will apply to both residential and commercial
developments.
The new process means that those who obtain private
certification prior to submitting their application to the permit
authority (that is, the local government) can now expect a decision
within 10 business days. If the permit authority
does not make a decision within that time then the application is
deemed to be refused. This might seem odd, since the new default
position is that applications are deemed refused after that period,
not accepted. So, if an application is simply not considered by the
council within those 10 days, it is deemed refused and the rights
of applying to the State Administrative Tribunal are then
activated.
