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Planning & Building Compliance

  • Investigating alleged non-compliance with Development Approval conditions and/or Building Approval
  • Investigating alleged non-compliance under Kalamunda Local Planning Scheme No. 3 and Planning and Development (Local Planning Scheme) Regulations 2015
  • Investigating alleged non-compliance under Building Act 2011 and Building Regulations 2012
  • Site inspections by the City’s Development Compliance Officers to determine whether retrospective approval can be granted by the City
  • Provide information in relation to what is required to lodge a Retrospective Development Application for Planning and/or Building to obtain retrospective approval from the City.
  • All investigation requests require the Compliance Investigation Form* to be completed and emailed to the City

Breaches to Planning & Development Act 2005 and/or Building Act 2011, and associated legislation, may see further compliance action through any, or a combination, of the following:

  • Formal Direction Notice or Building Order issued
  • Penalty Infringement Notices issued
  • Prosecution

Contact options:

By phone :     (08) 9257 9999

By email:  Please complete the Compliance Investigation Form located here and email to: enquiries@kalamunda.wa.gov.au

Please note all investigation requests are required to be lodged in writing – the City does not act on anonymous requests.

 

COMMON MATTERS NOT DEALT WITH BY THE CITY OF KALAMUNDA

Dividing Fence Issues

The Dividing Fences Act 1961 provides general guidance regarding construction and maintenance of dividing fences.  Matters relating to this Act are dealt with by Department Of Local Government, Industry Regulation and Safety see link: Dividing fences

Any agreement, contract or covenant relating to dividing fences between owners of adjoining land overrides the provisions of the Act and in most cases a dispute between neighbours will be dealt with by the Magistrates Court. Therefore, when issues with a dividing fence occur it is best to try to approach the owner of the adjoining land, discuss issues, and try to resolve matters together.

Tree debris, encroaching roots and overhanging tree branches

These include:

  • branches or roots growing past the fence line; and
  • trees pushing on or damaging the fence (without falling on it).

More information 
General tree issues are civil disputes between neighbours and are resolved in the Magistrates Court, if mutual agreement cannot be reached. 
 (08) 9425 2222   www.magistratescourt.wa.gov.au

Legal Aid

Legal Aid has produced a fact sheet and video with information on tree nuisances and other types of boundary issues and what your rights and obligations are if you have a problem with a neighbour. Their website also provides information on common neighbourhood problems, negotiations, mediation and dispute resolution.

Legal Aid website www.legalaid.wa.gov.au.

© City of Kalamunda 2025