Building Order Appeal in Perth, Western Australia

Introduction

In Perth, Western Australia, property owners and builders may receive a building order requiring work, remediation or prohibition of use. This guide explains the usual steps to challenge or appeal a building order issued in the City of Perth area, who enforces orders, what evidence and forms are commonly involved, and practical timeframes for action. It summarises enforcement pathways and how to start an appeal, while directing you to the main official sources for the underlying law and local compliance contacts.

Penalties & Enforcement

Building orders are enforced by the local government building services or authorised officers; for City of Perth matters the council's building and compliance teams manage local enforcement and notices. See the City of Perth building and planning pages for contact details and complaint pathways City building and planning^[1]. At state level, the Building Act and associated building regulators set out statutory powers for orders and prosecutions Building and Energy (WA)^[2].

• Fines: specific penalty amounts for local building order breaches are not specified on the cited City of Perth page; consult the state Building Act and local regulations for monetary penalties or see the enforcement officer for exact figures.
• Escalation: first, remedial notices or direction letters; repeat or continuing offences may lead to infringement notices, prosecution or rectification orders (ranges and escalation details are not specified on the cited pages).
• Non-monetary sanctions: building orders, stop-work notices, rectification orders, demolition orders, and court injunctions or enforcement undertakings.
• Enforcer and inspections: local government building services or authorised officers inspect and issue orders; use the City of Perth compliance contact page to lodge complaints or request inspections.^[1]
• Appeals and review: appeal routes, time limits and the appropriate tribunal or court depend on the originating instrument; these specifics are not detailed on the cited municipal pages and should be checked with the issuing authority or the state regulator.^[2]

Applications & Forms

Forms and procedures vary by issuer. For many local orders no single statewide “appeal form” is published on the municipal page; instead you typically:

• Request the notice in writing and ask for reasons and supporting evidence from the issuing officer.
• Check whether a local internal review, application for variation or a state tribunal application is required; specific form names and fees are not specified on the cited City of Perth page.
• If a fee applies to lodge an appeal or application, the amount should be confirmed with the issuing department as it is not specified on the cited pages.

Common Violations

• Unauthorised building work or additions built without a permit.
• Failure to comply with a rectification or demolition order.
• Non-compliance with safety or structural requirements.
• Using a building contrary to its approved classification.

Action Steps

• Obtain the written order and note the date and stated reasons.
• Contact the issuing local government building officer for clarification and possible internal review.
• Gather evidence: plans, permits, inspection reports and communications.
• Determine the correct appeal forum (local review, state tribunal or court) and lodge within the time limit given by the issuer or statute.
• If required, pay any prescribed fees or provide security as directed by the issuing body.

FAQ

How long do I have to appeal a building order?

Time limits vary by issuer and statutory instrument; the municipal pages do not specify a single statewide time limit, so confirm the deadline on the order and with the issuing authority.^[1]

Who enforces building orders in Perth?

Local government authorised officers enforce building orders; for City of Perth matters contact the council's building and compliance team.^[1]

Can I continue work while appealing?

Often a stop-work order must be obeyed; seek written permission or interim relief from the issuing authority or tribunal—do not assume work can continue without explicit approval.

How-To

1. Read the building order carefully and note the compliance deadline.
2. Contact the issuing building officer to request reasons, evidence and internal review options.
3. Collect documentation: permits, plans, inspection reports and photos.
4. Decide on the appropriate appeal or review forum and prepare your application within the stated time limit.
5. If needed, seek interim relief from the tribunal or court before the compliance date.

Key Takeaways

• Always get the order in writing and note the deadline.
• Contact the issuing officer first for clarification and possible internal review.
• Check with the state regulator for tribunal or court pathways if the municipality does not publish appeal details.

Help and Support / Resources

• City of Perth - Planning and Building
• WA Building and Energy (Department site)
• State Administrative Tribunal of Western Australia

1. [1] City of Perth - Planning and Building
2. [2] WA Building and Energy (Department site)