Western Australian Consolidated Acts

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960 - SECT 403

403 .         Survey to be made of dangerous buildings

        (1)         Where a local government has reason to suspect that a building in its district is in a dangerous state, the local government may direct a survey of the building to be made by the building surveyor of the local government, or by another competent person.

        (2)         Where the building surveyor receives information that a building is in a dangerous state, whether as the result of a survey mentioned in subsection (1) or otherwise, he shall report the information to the local government.

        (3)         Upon the completion of his survey, the building surveyor, or other competent person, who carried out the survey, shall certify to the local government his opinion as to the state of the building.

        (4)         If the certificate is to the effect that the building is not in a dangerous state, the local government shall not take further proceedings in respect of it; but if the certificate is to the effect that the building is in a dangerous state, the local government may cause it to be shored up or otherwise secured and a proper hoarding or fence to be put up for the protection of the public from danger, and shall cause written notice to be served on the owner or occupier of the building requiring him forthwith to take it down, secure, or repair it as the case requires.

        (5)         If the owner or occupier, on whom the local government has caused written notice to be served pursuant to subsection (4), does not comply with the requisitions in the notice, the local government shall cause a copy of the notice, to be served on the owner and the occupier by sending it by registered post addressed to him at his last known place of residence, and shall cause as soon as practicable thereafter a copy of the notice to be affixed in a conspicuous position on the outside of the building.

        (6)         A person who is dissatisfied with the requisition of the local government may apply to the State Administrative Tribunal for a review of the decision to make the requisition.

        [Section 403 amended by No. 72 of 1961 s. 20; No. 68 of 1963 s. 21; No. 14 of 1996 s. 4; No. 55 of 2004 s. 673.]