Select Structures Pty Ltd v Bojan Sekara (in the Capacity as a Building Inspector for the Building Act 2004) (Appeal)

In the appeal of Select Structures Pty Ltd v Bojan Sekara (in the Capacity as a Building Inspector for the Building Act 2004), the Federal Court was asked to review the merits of a stop notice issued by a Building Inspector under the Building Act 2004. The appellant, Select Structures Pty Ltd, contested the decision to issue the stop notice, which was issued after the Inspector found that the appellant was undertaking building work without the requisite development approval. The core issue in the case was whether the proposed garage work constituted an 'exempt development' under the relevant legislation, specifically whether it was 'associated' with the main building, thus not requiring a separate development approval.

The court examined the meaning of 'association' in the context of the Single Dwelling Housing Development Code (SDHDC) and whether the garage was sufficiently associated with the main dwelling to fall under the exemption. The court found that the garage was not sufficiently associated with the main dwelling to be considered an exempt development. The Inspector's interpretation of the setback rules and the applicability of section 53(1)(f) of the Building Act 2004 was upheld, leading to the conclusion that the stop notice was correctly issued. The court also considered the definitions of 'dwelling' and 'setback' within the SDHDC, confirming that the proposed work did not comply with the minimum setback requirements, thus necessitating a development approval.

The court dismissed the appeal, affirming the decision to issue the stop notice. The reasoning underscored the importance of compliance with planning and development regulations, particularly in relation to setbacks and the association of ancillary structures with the main dwelling. The decision reinforces the obligation for building work to obtain the necessary development approvals to ensure compliance with planning regulations.