Western Australian Current Acts

BUILDING ACT 2011 - SECT 80

80 .         Fences etc. not to be removed without consent, court order or other authority

        (1)         A person responsible for work must ensure that no fence, gate or other barrier to land on or beyond the boundaries of the works land is removed —

            (a)         unless each owner of the land that shares, or on which is located, the fence, gate or other barrier consents to the removal; or

            (b)         unless the removal is in accordance with an order under section 86(2)(g); or

            (c)         unless the removal is required as a matter of urgency to prevent imminent collapse of, or damage to, any land including a building or structure on the land; or

            (d)         unless each of the following applies —

                  (i)         the removal is required for the construction of a close wall;

                  (ii)         a building permit for the close wall is in effect;

                  (iii)         the person responsible for the work has given at least 7 business days’ notice of the proposed removal to —

                        (I)         each owner of the land mentioned in paragraph (a); and

        (II)         at least one adult occupier of the land, if the land is not occupied by any of its owners;

                or

            (e)         unless the land that shares, or on which is located, the fence, gate or other barrier is vacant land, or any building on that land is vacant; or

            (f)         except in prescribed circumstances.

        Penalty: a fine of $10 000.

        (2A)         In subsection (1)(d) —

        close wall means a wall, fence, post or column, whether free-standing or attached to, or forming part of, a building or structure, that is so close to a boundary of the land on which the wall or fence is located that it is not reasonably practicable to build a separate dividing fence along the boundary.

        (2)         A person responsible for work must ensure that, as soon as practicable after the removal under subsection (1)(c) of a fence, gate or barrier, notice of the removal and the reason for it is given to —

            (a)         each owner of the land that shares, or on which is located, the fence, gate or other barrier; and

            (b)         the permit authority for the fence, gate or other barrier, if the work is demolition work of a kind for which a demolition permit is required.

        Penalty: a fine of $5 000.

        (3)         A person responsible for work that requires the removal of a fence, gate or other barrier to land on or beyond the boundaries of the works land must ensure that —

            (a)         if necessary, a temporary barrier is erected; and

            (b)         the temporary barrier is adequate and suitable having regard to the use of the other land.

        Penalty: a fine of $5 000.

        [Section 80 amended: No. 37 of 2012 s. 21.]