Asbestos, unauthorised works and building safety

Unauthorised development works

It is an offence pursuant to the Planning and Development Act 2005 to carry out development contrary to the City’s Local Planning Scheme No. 3. The City considers many factors when investigating unauthorised existing development, including, but not limited to; legal proceedings, the issuing of a direction notice or a planning infringement notice.

The City’s Compliance Enforcement Policy 2015 details how the City evaluates risk and undertakes enforcement action.

Unauthorised building works

Whilst time limits apply under S. 133 of the Building Act in relation to when a prosecution can commence for an offence such as doing building work without a building permit, this does not prevent a permit authority serving a building order at any time to an owner in relation to unauthorised building work.

A building order may specify what needs to be done regarding a building or incidental structure, such as remedial works or removal of unauthorised works. This is a matter the permit authority will consider on a case by case basis.

If you are concerned that a building or incidental structure on a property you own or are thinking about purchasing may not have the necessary approval, please phone our Customer Contact Centre to confirm any building approvals that have been granted.

Prosecution Summaries

The below link depicts decisions made by the Magistrates Court in relation to Planning, Building and Local Government Act Prosecutions.

Prosecution summaries

Top tip

Although a person may seek retrospective approval for unauthorised building work, this does not cancel the offence and a local government may still take legal action under the Building Act, to ensure that the unauthorised building work is approved or removed.

Decommissioning of septic tanks

Septic tanks are full of untreated wastewater which if abandoned and incorrectly decommissioned, can leak contaminants into the soils and ground water.

For more information, please visit the WA Health website.

Dust

Dust and sand drift may be experienced from subdivision works, vacant lots and building sites given the high winds experienced in the Perth Metropolitan area, particularly during dry summer months. Residents should expect to receive some dust and sand when living in close proximity to building sites and subdivisions, however builders, contractors and developers are required to implement measures to reduce the impact.

Residents are encouraged to speak to the property owner, builder, contractor or developer managing the site to advise of their concerns in the first instance, and enquire what measures are being taken, and what additional measures may be taken to minimise dust and sand drift. The following information provides some tips on communicating with your neighbour.

If the matter is ongoing and the source of dust is from a building or demolition site, please lodge a Planning and Building Service Request. Please lodge a health hazard request for other sources.

Planning and building service request

Health hazard request