Building (Approvals and Practitioners) Act 2026
72Deemed refusal
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72 Deemed refusal
72 Deemed refusal
(1) For this division, a local council is taken to have refused to issue an approval (a deemed refusal) to an applicant if the approval is not issued to the applicant within the period prescribed by the regulations.
(2) The local council may continue to decide the application after the deemed refusal.
(3) A decision made after the deemed refusal does not affect an appeal made under this division in relation to the deemed refusal.
(4) However, the local council is entitled to have the appeal withdrawn without costs if—
(a) the local council decides to issue the approval, and
(b) the appeal has not yet been decided, and
(c) the applicant consents to the withdrawal.