Development approval and/or a building permit is required before constructing, altering or extending a range of building/structures or changing the use of a property. If you are concerned that planning/development or building works is occurring without the relevant approvals in place we may be able to investigate. Find out when we can investigate, how to report potential non-compliance and how we deal with reports below.
Planning and Building Issues We Can Investigate
Examples of issues we can investigate include:
- Failure to obtain a building permit
- Non-compliance with an approved building or occupancy permit
- Building work affecting neighbouring land
- Unauthorised building work
- Dangerous, dilapidated or neglected buildings and structures
- Non-compliant pool and spa safety barriers
- Unauthorised development
- Unauthorised use of land
- Non-compliance with approved plans or planning approval conditions
- We can investigate if a dividing fence is suspected to be unsafe or dangerous
Civil Matters that do not require intervention by the City
The City of Melville’s general approach to compliance and enforcement recognises that not all disputes or technical non-compliances are appropriate for local government intervention or within local government’s legislative authority.
In these circumstances, the City does not act as an arbiter between private parties and does not intervene where there is no clear breach of legislation that the City is empowered to enforce. Many of these matters require determinations regarding land ownership, property rights, contractual obligations or shared responsibilities, which fall outside the City’s legislative and regulatory authority. Such matters are more appropriately resolved between the affected parties or through independent legal processes, including seeking court determination.
The City generally considers the following issues as civil matters, which should be resolved without the involvement of the City:
- Boundary encroachments, including buildings, structures, eaves, gutters or footings that cross a property boundary
- Boundary location disputes, including disagreements about property ownership or the cost of works
- Damage to dividing fences or retaining walls caused by private building or construction works
- Shared or private retaining wall disputes, including maintenance, repair and cost-sharing responsibilities
- Dividing fence disputes
- Tree encroachment or damage disputes between neighbours
- Utility easements, including enforcement of access or maintenance obligations by utility providers
- Disputes relating to BA20 and BA20A forms
- Strata title disputes, including easements, shared infrastructure, or responsibilities between lot owners
- Restricted covenants between private land owners
This approach is consistent with Council’s consideration of enforcement principles at its April 2023 Ordinary Council Meeting (Item M23/5964), where it was acknowledged that enforcement action must be reasonable, proportionate, and practicable, and that the City should avoid becoming involved in matters better addressed through civil remedies or State-based regulatory frameworks.
How to Handle Civil Matters
- Talk to your neighbour first: Open communication is often the quickest way to resolve disputes. Discuss your concerns respectfully before considering formal action.
- Dividing fences: Refer to the City of Melville Dividing Fences Information Sheet or the Department of Local Government, Industry Regulation, and Safety website.
- Building disputes: Contact the Department of Local Government, Industry Regulation, and Safety for assistance with regulated building services and home building contracts.
- Legal action: If disputes cannot be resolved privately, matters such as property damage, fence or retaining wall disagreements, and easement issues may need to be addressed through formal legal proceedings. The City is unable to provide advice in respect of those proceedings and you may wish to take your own independent legal advice.
Other Matters the City Cannot Investigate for Enforce
The City of Melville does not have the authority to investigate or enforce the following matters:
- Objections to development proposals are considered during the Development Assessment process in accordance with planning legislation. After a development has been approved, the City can only take compliance action where the built outcome does not comply with an approval or applicable legislation.
- Complaints about Department of Communities properties, including public housing or Department of Communities managed land, are generally managed by the Department of Communities as the property owner or manager. The City may, however, investigate matters where there is an alleged breach of legislation and it is authorised to enforce, including building safety or public health matters such as a property being unsafe or unfit for habitation.
- Building signs not installed on building sites, which are regulated by the Department of Local Government, Industry Regulation and Safety under the Building Services (Registration) Regulations 2011
- Fences around construction sites, which is the responsibility of WorkSafe WA
- Scaffolding, which is regulated by WorkSafe WA
- Unauthorised structures over utility easements, which is regulated by the utility authority. This may include agencies such as Water Corporation, Western Power, ATCO Gas or telecommunications providers, depending on the type of easement.
Key Points to Know
- Private boundary disputes are generally civil matters.
- Early neighbour communication is strongly encouraged to avoid disputes.
- When in doubt, refer to relevant State legislation or seek professional/legal advice.
How to Report Potential Planning and Building Non-Compliance
To report potential planning and building non-compliance, fill in our Planning and Building Service Request Form and submit it via email, mail or in-person at our Civic Centre.
Please provide as much detail as you can in the form so we can investigate the matter promptly and efficiently. Please also include your contact details in case we require further information to fully investigate the issue and to provide you with updates where possible.
All reports are confidential, however they may be released under freedom of information and you may be required to give evidence should the matter go to court.
How We Deal With Potential Non-Compliance
A compliance officer will review your enquiry and determine whether an investigation and further actions can be taken.
We may not be in a position to investigate further if:
- There is no breach of relevant legislation or our Local Planning Scheme No.6
- The matter has already been investigated and resolved
- We have no jurisdiction or power to investigate
- The matter is the sole responsibility of another government agency. Examples include dividing fence disputes or damage to private property.
If we decide not to investigate we will notify you in writing and give you reasons why. If we decide to investigate and non-compliance is found, we may:
- Negotiate compliance
- Issue a direction notice
- Issue an infringement notice
- Issue a building order
- Start legal proceedings
In all cases we wish to assist and achieve voluntary compliance first. Infringements, enforcement orders and court action are only used where it becomes evident voluntary compliance is unlikely to occur.
Please note: investigations are prioritised by assessed risk to public health and safety and accessibility of evidence and timeframes will vary. Unauthorised planning/development and building works may also be approved by seeking retrospective approval.
Non-Compliance With an Order or Notice
Non-compliance with a notice or order may result in legal action and Court-imposed penalties or fines.
Planning/Development and Building Advice Regarding Compliance
The advice on this page is a general guide only. We encourage you to contact us to discuss planning and building compliance. A planning officer and a building officer is available during business hours to provide advice on a range of matters either in person, over the phone, or by email.