File an Appeal with the BCAB

Appeals hearings are intended to afford aggrieved parties with an opportunity to seek relief from provisions of the State Building Code (780 CMR) in the form of a variance or interpretation of the applicability of a particular code section. Appeals Board members are not allowed to waive code requirements in their entirety, but may consider alternative methods of complying with the intent of the code. Appeals Board members are not arbiters; rather they are professional persons representing a cross section of the building design, construction and regulatory industries who are educated in code matters. Board members will judge testimony and materials presented at a hearing based on technical merits in relation to code requirements.

Appeals Board members do not have any authority to rule on zoning issues (land use issues). Zoning requirements differ in each community. Therefore, appeals relating to land use should be directed to the Zoning Appeals Board in the city or town in which the property is located.

Procedures for Filing an Appeals Application

In order to file an appeal, the appellant must be in receipt of a denial letter from the municipal or state building official as required in Chapter 1 of the State Building Code. An appeal may be filed without a denial letter only if the appellant is filing for a failure to act.

An appeal must be filed within forty-five (45) calendar days of the date of the letter of denial. An appeal may be filed either with the local Building Code Appeals Board, if one has been established, or directly with the State Building Code Appeals Board.

An appellant may file an appeal relative to a building official’s failure to act on his\her permit application as provided for in Chapter 1 of the State Building Code (A letter of denial is not required when filing for failure to act).

Online applicants must fully complete the online prompts and attach both a letter or report from the local building inspector and a completed notarized service notice. The service notice form can be found in the Additional Documents section below.

Applicants submitting by mail must provide multiple copies of their submitted documents. One complete copy of the appeal filing, including the original Service Notice, must be delivered to the noted Building Official or the official entitled. Four complete copies of the appeal filing, including the original plus three copies of the Appeal Application form, four copies of the Service Notice and four copies of the denial letter, together with a check for $150.00 (filing fee) payable to the Commonwealth of Massachusetts must be submitted to this office, if the appeal is made directly to the State Building Code Appeals Board. (Fee requirements for filing before a local Building Code Appeals Board may differ from the fees prescribed for submission to the State Building Code Appeals Board. Please check with municipal building official for these fees.).

Applications are processed on a first come, first served basis. Typically, it takes thirty (30) to ninety (90) days from receipt of an application to be scheduled for a hearing. 

Requirements for Filing an Appeals Application

In order to file an appeal, the appellant must be in receipt of a denial letter from the municipal or state building official as required in Chapter 1 of the State Building Code. An appeal may be filed without a denial letter only if the appellant is filing for a failure to act.

Once in possession of a denial letter, two documents are required to be completed by the appellant or his/her representative when filing an appeal. 

1. the Appeal Application Form (Online applicants complete this form in the agency's Inspection and Permitting System).
2. the Service Notice.

The Appeal Application Form must be fully completed. The application will be reviewed for completeness prior to a hearing being scheduled. Applications determined to be incomplete will be returned to the applicant for correction. Questions relating to completing the application should be directed to your local building department or this office. 

The Service Notice, which gives notice to the building official that an appeal is being filed, should include the date appearing and the name and address of the building official under the section titled, “PERSON/AGENCY SERVED". The Method of Service should list one of the following procedures as set forth in Chapter 1 of the State Building Code for serving notice to the appropriate building inspector.

A. Personally;
or B. Registered or Certified Mail, return receipt requested;
or C. By any person authorized to serve civil process.

The Date of Service is the date when a copy of the appeal is delivered or mailed to the building official or other party entitled on the application.

The Service Notice must be signed by the appellant or his/her representative and the signature must be notarized.

ALL CASES WILL BE HEARD ON THE SCHEDULED DATE. POSTPONEMENTS MAY ONLY BE CONSIDERED IN EXTREME SITUATIONS WHERE SUFFICIENT NOTICE HAS BEEN PROVIDED.

For more information, see our FAQS page.