Dangerous Buildings, Illegal Works and Disputes
Contact details to lodge a building concern with Council.
Dangerous Building, Structure or Emergency - Verbal Only
If you think there is a dangerous building, structure or emergency, contact Council immediately on 1300 322 322
A danger or emergency may relate to any of following (and more) that poses a danger to the public or occupants:
- Fire damaged building
- Building or structure that may collapse
- Dangerous balcony
- Dangerous front or side fence that may collapse which faces a street/road or public land
- Common fence that may collapse or is dilapidated that forms part of a pool/spa enclosure
- Swimming pools or spas not adequately installed with safety barriers
- Dangerous sign, canopy, verandah, shopfront, parapet wall, chimney etc.
- Building, structure, verandah or sign impacted by a vehicle
- Building works that are dangerous
- Earthworks in close vicinity to public land, footpath or adjoining land/buildings/structures that may cause injury or collapse of existing building/structure
- Illegally occupying a boarding house without smoke alarms/detectors
Building Concerns followed up by Council
The Building Service will address concerns relating to noncompliance of the Building Act 1993.
Please include the location of the site, relevant dates and reason for the concern. Your details will remain confidential.
Council's Building Services follows up many building concerns including:
- Emergencies relating to dangerous buildings/structures that pose an immediate danger to the public or occupants. This may include unstable buildings/structures, fire damage, vehicle collisions into buildings, illegal boarding houses, pools/spas unfenced or unprotected
- Illegal building works without a Building Permit
- Dangerous buildings and structures
- Commercial/Industrial/Boarding House or multi-unit premises with exit, egress, fire safety or other dangers that may pose a risk to the occupants or public
- Issues relating to Building Permits issued by Council’s Building Department
- Private Building Surveying issues relating to immediate dangers and emergencies that impact on the occupant and/or public safety
- Illegal or dangerous temporary structures or Places/Buildings of Public Entertainment
Complaints for Building Permits
In 1994 the State Government introduced a competitive Building Permit System which means Building Permits can be provided by Council’s Building Department or a registered Private Building Surveyor of a privately owned and run sole trader or company.
The Victorian Building Authority was formed under the State Government as the statutory authority regulating, overseeing and licensing both Council and Private Building Surveyors.
Council’s Building Service will notify you if the concern or complaint you have on a property has been issued by Council’s Building Service or a registered Private Building Surveyor.
Concerns or Complaints for Building Permits issued by Council
Council's Building Service will investigate your concerns and provide you with a response.
Concerns or Complaints for building Permits issued by Private Building Surveyor
Council’s Building Service will deal with and resolve either of but not limited to the following issues relating to a Building Permits issued by a Private Building Surveyor:
- Any Dangerous Building/Structure/Emergency
- Dangerous earthworks or building work
Council’s Building Service will provide you with the Private Building Surveyor contact details for any general concerns or enquiries you have on a project as the Private Building Surveyor will be more familiar with the project.
Should any issues or concerns be validated as being non-compliant and not actioned by the Private Building Surveyor in a reasonable timeframe you can formalise your concern in writing or by email to the Victorian Building Authority.
Contractual Dispute about a Domestic Building Project
Domestic Building Dispute Resolution Victoria (DBDRV)
Domestic Building Dispute Resolution Victoria (DBDRV) is a free government service which helps resolve domestic building disputes who provide a free, fair and fast dispute resolution services for builders and owners.
Victorians who have a domestic building dispute can visit Domestic Building Dispute Resolution Victoria website and apply using the online application form.
Complaints on Registered Building Practitioners
Complaints on Registered Building Practitioners (e.g. Builder, Private Building Surveyor, Draftsperson, Engineer, Council Building Surveyor etc.) are dealt with by the Practitioners Board which is part of the Victorian Building Authority.
Adjoining Buildings and Overlooking
New or altered habitable buildings, balconies and some decks are required to comply with new overlooking legislation required under the Planning Scheme and Building Regulations depending on the type of development.
Note that overlooking legislation does not necessarily mean that an adjoining property will not still be able to overlook into a property as the line of sight is taken from a 9.0m length at particular angles and exemptions.
Please use the diagrams of overlooking illustrated on pages 19-22 of the Related Document called 'Sitting Diagrams VBA Practice Note'.
The Planning Department governs overlooking for the Planning Scheme for new multi-unit developments, single dwelling lots less than 300m2 and some other properties where a specific Building Overlay regulates overlooking.
The Building Regulations governs overlooking for new single dwelling lots exceeding 300m2 where no Building Overlay regulates overlooking. Overlooking is not required to be installed until such time that a Certificate of Final Inspection of Occupancy Permit has been issued.
All general building concerns and complaints must be addressed to:
Frankston City Council
PO Box 490
Frankston VIC 3199
P. 1300 322 322 Includes emergency calls during after hours