Unjustifiable Hardship2016-11-07T10:10:03+00:00


To date, successful submissions for unjustifiable hardship are few and far between with many instead achieving an alternative building solution. While the Premises Standards require that an alternative building solution be utilised where possible in preference to seeking unjustifiable hardship, we have assisted with negotiating approval for unjustifiable hardship based on geographical and technical factors, along with detriments likely to be suffered with compliance being imposed (see “Our Work” page for more information on our involvement in unjustifiable hardship).

Section 4.1 of the Premises Standards lists the circumstances required to be taken into account in determining whether compliance would involve unjustifiable hardship.

This involves submitting advice from numerous disciplines including access, heritage, structural, financial and others to demonstrate how compliance with the standards will result in hardship to the applicant and the extent to which this will be unjustifiable. A determination of unjustifiable hardship does not necessarily mean a blanket exemption will be applied and compliance to the extent considered reasonable will still be required.

The process varies in different states and territories, so please contact us for an obligation free discussion about your specific situation.