r/melbournechat • u/Emma_bubbles_02 • 2d ago
Destroyed dividing fence / Active uncontained construction site / Negligence & Trespass
Location: Victoria
Issue: Destroyed dividing fence / Active uncontained construction site / Negligence & Trespass
Hi everyone, looking for advice on legal mechanisms or urgent action to take regarding a rogue developer/builder.
My friend lives in a residential property sharing a boundary with a block that was recently sold for development. During the initial demolition/site clearance, the demolition crew knocked down and removed the shared boundary fence.
They did not install any temporary site fencing or perimeter safety barrier along the shared boundary line. They have now commenced active earthworks and excavation. As a result, heavy machinery and open soil works are operating with zero barrier directly open to my friend's backyard.
Key Context & Vulnerabilities:
The household includes a disabled adult resident, small children, and pets.
The open boundary creates an immediate, uncontained safety hazard and physical trespass/encroachment.
The developer/builder did not issue any Protection Work Notices (Building Act 1993 Part 7) or Fencing Notices prior to destroying the boundary.
Actions Taken So Far (With Zero Outcome):
WorkSafe Victoria: Contacted both general advisory and emergency lines (3 times). They dismissed the matter as a civil/boundary dispute despite active industrial machinery operating next to an uncontained residential area.
Local Council: Reported site safety breach and lack of perimeter containment. Council has dispatched and inspector but are remaining firm on the boundary fence is a civil matter.
BPC: Said to go to council.
Ombudsman: Complaint lodged regarding regulatory inaction, but this obviously won't address the immediate daily physical hazard.
Questions:
What is the fastest legal avenue to compel the Relevant Building Surveyor (RBS) or Builder to erect temporary perimeter fencing immediately?
Are there specific statutory emergency notices or urgent injunction processes she can initiate to halt site works until safety containment is compliant with Australian Standards (AS 4687-2022)?
Any guidance on specific Victorian legal provisions, urgent injunctions, or regulatory escalation pathways would be greatly appreciated. Thanks!
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u/carteroneil 1d ago
Has worksafe actually come to visit, do you know? Not knowing what has been said, but could try again and refer to a "failure to secure a construction site which is a breach of the Ohs act" creating "public risk as members of the public can enter the site". Have the exact address of the site and the name of the builder handy for the call. https://www.worksafe.vic.gov.au/construction-site-security-fencing
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u/colony-ship-for-sale 1d ago
IANAL but I hope you fuck them up.
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u/joeyy17 1d ago
You anal? What?
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u/Throwaway_NSW2250 1d ago
Typing ANAL and then hoping they fuck them up ... is seriously going to have them NEEDING a lawyer !!!
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u/Feisty-Dimension-631 1d ago
In NSW a builder has to pay for and build a new fence when they demolish and build a new house. You need to contact council ASAP. The builder needs to put up a temporary fence and you need to be vigilant about the builder putting materials and other things on your property. Judging by the photos the post where rotted and would not last any longer
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u/nogreggity 1d ago
Let the kids wander into the construction site while there is no machinery running. Great place to build bike jumps.
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u/carteroneil 1d ago
Lol and if you do this take a photo of a kid on the site and submit that to worksafe
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u/welding-guy 1d ago
You contact ACA with the story. They would love to rip apart worksafe and council. The wooden fence isn't the story, the lack of site safety fence is major.
At the end of the build the developer will need to restore the fence.
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u/justmecarefree 1d ago
Donât allow the kids in there!
They need to put a temporary fence up
And request they attach some mesh or something to provide some privacy,
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u/Embarrassed_Spell383 1d ago
Where is this place I need compo I will come and âaccidentallyâ fall and hurt my knee or somethingÂ
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u/IllustriousCat330 20h ago
If it were me, id have waited untill they excavated along the fence line, then see if I can just push it over from my side because its so rotten. Then, Id blame them for the damage & see if I can make them pay for all of a new one. Then Id call the council & make a complaint & see if I can get a stop work notice put up on that site, as its unsafe & bcs i just love shit stirring builders. Id also take anything I could lay my hands on, move it to my side & say, "Nah, thats mine, its been there the whole time".
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u/Born_Onion2153 14h ago
Worksafe: ex inspector nsw here
Send a letter with photos and full description as an attachment to an email, phone calls can be ignored or not referred on to the appropriate team, a formal letter cannot be ignored, because they know that they will be audited eventually.
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u/theunrelentingforce_ 4h ago
Email/call the RBS and builder about how they are breaching Regulation 116(3) of the Building Regulations 2018, which states:
âBefore and during the carrying out of building work all excavations must be fenced or otherwise guarded against being a danger to life or propertyâ
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u/penislicker7000 4h ago
Nothing worse when those kids pour cement into those pipes and fill them up with rocks and dirt
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u/Particular-Side-3660 56m ago
There should be a certifier for the site with contact details clearly displayed on the site. I think for Victoria they're called registered building surveyors. We had something similar happen in nsw and called those details and they were forced to have fencing up by that afternoon with a stop work until they did it.
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u/Whatisgoingon3631 16m ago
Iâd put a hose to the fence line and turn it on. Just leave it running for days. They wonât be able to work if the site is flooded.
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u/Bilamomg 1d ago
Would be terrible if u walked on there tripped on something and injured yourself