24Refusal of building permit

24 Refusal of building permit

S. 24(1) amended by No. 66/2004 s. 5(1).

(1) Subject to section 24A and Division 4, the relevant building surveyor must not issue a building permit unless he or she is satisfied that—

S. 24(1)(a) amended by No. 11/2023 s. 6.

(a) the building work and the building permit will comply with this Act, the building regulations and any binding determination that applies to the carrying out of that building work; and

S. 24(1)(b) amended by Nos 28/2000 s. 13(a), 21/2017 s. 99.

(b) any consent of a reporting authority required under this Act or the regulations or under any other Act or regulations is obtained or taken to have been obtained in accordance with Schedule 2; and

S. 24(1)(c) substituted by No. 28/2000 s. 13(b).

(c) any relevant planning permit or other prescribed approval has been obtained; and

S. 24(1)(d) inserted by No. 28/2000 s. 13(b), amended by No. 48/2025 s. 47(1).

(d) the building permit will be consistent with that planning permit or other prescribed approval; and

S. 24(1)(e) inserted by No. 48/2025 s. 47(2).

(e) the building permit levy imposed by section 205G(1), (2) and (2A) has been paid.

See also section 205GA.

S. 24(2) amended by No. 66/2004 s. 5(1).

(2) Subject to section 24A and Division 4, the relevant building surveyor must not issue a building permit that imposes on the applicant lesser or greater standards or requirements than those prescribed by this Act or the building regulations, unless permitted to do so by this Act or the building regulations.

S. 24(3) substituted by No. 91/1995 s. 137(1), amended by No. 35/2004 s. 35(1), repealed by No. 66/2004 s. 5(2), new s. 24(3) inserted by No. 35/2006 s. 10, amended by Nos 35/2011 s. 17(2), 10/2017 s. 31(4).

(3) The relevant building surveyor must not issue a building permit for the carrying out of building work for which notice is required to be given to Development Victoria under section 18A unless Development Victoria has notified the relevant building surveyor under section 51ZA of the Development Victoria Act 2003 that—

(a) a general development charge or an infrastructure recovery charge is not payable in respect of the building work for which the permit is to be issued; or

S. 24(3)(b) amended by No. 10/2017 s. 31(4)(b).

(b) if a general development charge or an infrastructure recovery charge is payable in respect of that building work, the charge has been paid or the person liable to pay the charge has entered into an agreement with Development Victoria under section 51Y of that Act to pay the charge.