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 S. 24(3) substituted by No. 91/1995 s. 137(1), amended by No. 35/2004 s. 35(1), repealed by No. 66/2004 s. 5(2), new s. 24(3) inserted by No. 35/2006 s. 10, amended by Nos 35/2011 s. 17(2), 10/2017 s. 31(4).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. S. 24(4) repealed by No. 66/2004 s. 5(2), new s. 24(4) inserted by No. 23/2010 s. 15. (4) The relevant building surveyor must not issue a building permit for the carrying out of building work on land in respect of which there is a GAIC recording (within the meaning of Part 9B of the **Planning and Environment Act 1987**), unless the applicant produces any of the following certificates relating to that liability issued by the Commissioner of State Revenue under that Part— (a) a certificate of release; (b) a certificate of exemption; (c) a certificate of staged payment approval; (d) a certificate of no GAIC liability. Note to s. 24(4) amended by No. 21/2017 s. 95(1). Under Part 9B of the **Planning and Environment Act 1987**, the Commissioner of State Revenue must issue a certificate of release if the person liable to pay a growth areas infrastructure contribution has been released from that liability for various reasons, including the fact that the person has paid the contribution or had the contribution totally reduced. The Commissioner must also issue a certificate of exemption under that section if the person liable to pay a growth areas infrastructure contribution is exempt from the liability to pay the contribution. The Commissioner must also issue a person with a certificate of staged payment approval if the person has been given approval for the staged payment of the contribution. S. 24(4A) inserted by No. 91/1995 s. 137(2), repealed by No. 66/2004 s. 5(2), new s. 24(4A) inserted by No. 1/2020 s. 134, amended by No. 11/2023 s. 35. (4A) The relevant building surveyor must not issue a building permit for the carrying out of building work on land in respect of which there is a levy recording (within the meaning of the **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020**) unless the applicant produces any of the following certificates issued by the Secretary to the Department under that Act— (a) a certificate of release in relation to the land; (b) a certificate of staged payment approval in relation to the land; (c) a certificate of no liability in relation to the application for the building permit. S. 24(4B) inserted by No. 91/1995 s. 137(2), repealed by No. 66/2004 s. 5(2). S. 24(5) inserted by No. 50/1995 s. 5. (5) If an amount of community infrastructure levy is payable under Part 3B of the **Planning and Environment Act 1987** in respect of a development for which building work is required, the relevant building surveyor must not issue a building permit in respect of that building work unless he or she is satisfied that— S. 24(5)(a) amended by No. 101/2004 s. 11. (a) that amount of levy has been paid to the relevant collecting agency under that Part; or (b) an agreement to pay that amount of levy has been entered into under that Part. S. 24(6) inserted by No. 7/2018 s. 22. (6) If a monetary component amount and any land equalisation amount of an infrastructure contribution imposed under an approved infrastructure contributions plan is payable in respect of the carrying out of building work, the relevant building surveyor must not issue a building permit in relation to that building work unless the applicant satisfies the relevant building surveyor that— (a) those amounts have been paid to the collecting agency in accordance with section 46GV(3) of the **Planning and Environment Act 1987**; or (b) the applicant has entered into an agreement with the collecting agency under section 46GV(3) of that Act for the payment of those amounts. S. 24(7) inserted by No. 7/2018 s. 22. (7) If any land component of an infrastructure contribution imposed under an approved infrastructure contributions plan in respect of the carrying out of building work includes the provision of inner public purpose land (within the meaning of Part 3AB of the **Planning and Environment Act** **1987**), the relevant building surveyor must not issue a building permit for that building work unless the applicant satisfies the relevant building surveyor— (a) that the inner public purpose land has been set aside as a road or reserve on a plan under the **Subdivision Act 1988** to vest in the collecting agency or a development agency (as the case requires) under that Act; and (b) the plan has been lodged for registration under section 22 of the **Subdivision Act 1988**. S. 24(8) inserted by No. 43/2024 s. 26. (8) The relevant building surveyor must not issue a building permit for building work in any circumstance prescribed in the building regulations that applies or relates to that building work. S. 24A inserted by No. 66/2004 s. 6, amended by Nos 34/2013 s. 19(2), 15/2016 ss 45, 46(2), substituted by No. 21/2017 s. 22.