The City apply a graduated approach to compliance and enforcement action. A graduated approach refers to a compliance matter receiving an equal level of response by the City. This is initiated by our compliance officers who have the appropriate delegated authority. Below, is a three (3) step explanation of our process in managing compliance and enforcement matters.
- The City may become aware of an alleged non-compliance or breach by a land owner or occupier through either a site inspection, aerial photography or a complaint. A compliance officer will determine the risk of the compliance issue. If deemed to be high risk, dangerous or unsafe, the City may prioritise and act accordingly. All other compliance issues will be progressed in the order of which it has been received.
- After reasonable investigation, it may be appropriate to take administrative action. There is a range of administrative actions we may take, including giving formal warnings, issuing an infringement notice or direction. In certain instances, it may simply be resolved with an informal telephone call or email.
- The City may pursue a formal direction or warning via email and letter, a stronger enforcement action may be necessary to rectify an identified regulatory breach. Directing a person or identity may include lodging the correct approvals and or permits as per the Councils request.
It should be noted that Infringements, enforcements orders and court action (step 3) is only used once voluntary compliance is unlikely to occur. All possible measures will be taken to protect your identity in the process and Council will advise you if it becomes necessary for your details to be provided to any other party
If you wish to request any documents and you are unsure if a Freedom of Information Application (FOI) is required, the City provides guidelines for your assistance. The City’s FOI coordinator will be of further assistance upon contacting the City of Bayswater.
Approval that is required after an unauthorised structure has been completed, is referred to as 'Retrospective Approval'. Though approval should be obtained prior to any building works commencing, the City can approve a development that has been constructed without prior approval. Payment upon lodgement will include an additional charge to reflect a financial penalty for commencing the development without approval. The Planning, Information, Application Forms and Fees page may have further information relevant to your matter.
Below, is an example of what is required for building work undertaken without approval from the relevant permit authority. Common unauthorised building works may include patios, sheds, brick fences, retaining walls as well as building alterations or additions.
Example: Unauthorised Building Works
For retrospective approval on residential building and commercial properties, all of the following must be submitted to the City for assessment:
Residential property applications must be accompanied by a completed BA13 form, and commercial property application accompanied by a BA9 form. The relevant form must be signed off by all registered land owners.
- A Residential Application will require a completed form BA13 signed by all of the registered landowners.
- A Commercial Application will require a completed form BA9 signed by all of the registered landowners.
Payment of the relevant fees are due upon lodgement and the application cannot be accepted until payment has been made.
Please note that a Planning Approval may also be required to be submitted and approved if the unauthorised building works vary from the Deemed-to-Comply provisions of the Residential Design Codes. Planning Approval will generally be required for unauthorised building works on commercial properties, or if there is a change of the buildings use.
Below are examples of compliance matters that are often investigated by the City:
- Failure to obtain a building permit
- Building work affecting neighbouring land
- Dangerous or dilapidated structures
- Non-compliance of tree protection laws
- Non-compliance with approved plans or planning approval conditions
- Dividing fence if suspected as dangerous
Note: The prioritisation of investigations is determined by its assessed risk to the public health and safety.
Civil Issues are matters the City have no jurisdiction or power to investigate. We may not be in a position to investigate such matters including dividing fences, damages made to private property and building disputes. However, owners and builders are encouraged to discuss upcoming development projects with neighbours. Communicating with your neighbour is a key step in a successful development.
In some cases, we may suggest contacting the Department of Mines, Industry Regulation and Safety. The Building Commission provides a way for both consumers and builders to resolve disputes relating to the carrying out of regulated building services and home building work contracts.
As mentioned in Fences and Retaining Wall, the City's Local Law does not take precedence over the Dividing Fences Act 1961. The City recommends that prior to any alteration, repair or replacement of a dividing fence, owners consult any affected adjoining neighbour, as once installed a dividing fence becomes joint property.
- The compliance team may commence as a civil litigation or refer matters to the appropriate department. Dividing fences are a civil matter between the adjoining property owners and the Dividing Fences Guide.
We encourage you to contact the City of Bayswater in person, over the phone, or by email should you require any further information or assistance regarding the compliance process. Complaints in relation to compliance issues must be made by email or by our City of Bayswater contact page. Sufficient details of the alleged offence will assist the City in it's investigation.
Our compliance officers Karen and David are available during business hours to provide advice on a range of matters. You will need to allow a reasonable time for the City to respond.