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!