APPLICANTS Cesar Calderon and Karla Martinez (Subject Land owners)

RESPONDENT Theo Alexopoulos (relevant building surveyor)

SUBJECT LAND 51 Kangaroo Ground-Warrandyte Road, North Warrandyte

CITATION Martinez & Anor v Alexopoulos [2025] VBAB 106

1. On 15 June 2025, the Applicants commenced an appeal proceeding in the Building Appeals Board (the BAB). The appeal was against the refusal to amend several building permits that would effectively extend the dates by which building work under those building permits was to be completed. On 24 June 2025, the BAB convened a directions hearing, at which time orders were made for an expedited timetable to file supporting or opposing material; and that the appeal be determined on the papers on or after 10 July 2025. On 14 July 2025, the BAB determined that:

Pursuant to s 149(1)(a) of the Building Act 1993 (the Act), the decision of the Respondent to refuse to amend the completion dates of the building permits is affirmed.

1. What follows are my reasons for that determination.
2. Regulation 59(3) of the Building Regulations 2018 (the Regulations) provides:

The relevant building surveyor may extend the commencement date or completion date of the building work prior to the lapse of a building permit if the relevant building surveyor considers that the extent of the building work warrants an extension.

1. To that end, in an email dated 7 May 2025 sent to the Applicants, the relevant building surveyor (RBS) stated:

If you require me to consider a properly made request for a further extension to any of the first three permits and an extension to the stage four permit, please provide the following:

1. reasons why the extent of the building work warrants an extension;
2. reasons for the period of extension requested by reference to the extent of the building work warranting an extension (noting in that regard that there would need to be special circumstances warranting an extension beyond 12 months);
3. confirmation, with documentation, that the planning permit that is current, would remain current to the date of extension requested.
4. In a responding email, also dated 7 May 2025, the Applicants stated:

Should you wish to continue to misuse your position of power then that's a matter for you.

It is obvious that we have been forced to stop works due to the absence of a final permit and expected timeframe has been provided but if you wish to continue unprofessional games then we will have no other choice than to legally challenge them with costs to be sought down the track.

Alternatively, please highlight which section of the Act requires me to provide what you're requesting.

1. In reply, by email dated 16 May 2025, the RBS stated, in part:

...If your application for extensions continues to be based on allegations of failure or wrongdoing on my part then that is not a basis for me to extend the permits. I have invited you to re-submit an application with proper reasons to enable me to extend the permits...

1. In an email dated 12 June 2025, the Applicants stated, in part:

Please find attached extended planning permit confirmation as requested. You have the power to independently assess my application. Please confirm by 3pm tomorrow (Frid 13/06/2025) if an extension will be granted.

1. The RBS had on several occasions requested reasons as to why extending the completion dates of the permits was required.
2. This is a reasonable request. Indeed, it is generally accepted that if the reasons support an extension to a building permit, the relevant building surveyor would usually grant the request.
3. I find that the Applicants did not provide adequate or satisfactory reasons to the RBS for the amendment of the completion dates of the building permits.
4. Further, the Applicants' submissions filed in support of this appeal again fail to particularise in sufficient detail what building work remained under each of the four permits. This is critical information as it informs the RBS (and the BAB on appeal) whether there are reasonable grounds for extending the building permits and if so, for what period.
5. Given the lack of that information, I am unable to determine whether any extension is warranted and, even if it was warranted, what extension should be granted and to which permit or permits the extension should be granted.
6. Notwithstanding my determination, it is important to note that it is open to the Applicants to make a fresh application or applications for a new building permit or permits related to what work remains to be undertaken. The Applicant should also note that a refusal to grant a building permit triggers fresh rights of an appeal to the BAB.

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