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Building rules disputes

Where there is a dispute about the building rules, a party to the dispute may apply to the court for a determination. The dispute must relate to:

  • the effect of the rules in specific circumstances
  • the manner in which they are to be carried into effect
  • whether the rules should be modified
  • whether the rules in a matter relating to building work have been satisfied
  • the construction of a party wall and who is to bear the costs of its construction
  • any other prescribed matter.

These disputes are heard and determined by one or more commissioners of the Environment Resources and Development Court (not a Judge) who will determine the matter as a building referee. The commissioner can however refer any matter of law to a Judge of the Court for determination. No appeal lies from a commissioner's decision on a question of fact.

Building rules disputes  :  Last Revised: Wed Aug 27th 2014
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.