Unsightly or dangerous properties

Well maintained properties, whether private, commercial, rural or industrial, add greatly to the beauty and amenity of Loddon Shire.

Those properties that are poorly maintained lead to perceptions that an area is perhaps uncared for or not safe.

For these reasons, Loddon Shire Council has created the Community Local Law 2022.  Clauses within the local law require property owners or occupiers to maintain their properties and prevent them from becoming unsightly or dangerous.

Dangerous or hazardous properties

The owner or occupier of any land or premises must not:

  • permit or allow the land or premises to be kept in a manner, state or condition which is dangerous or likely to cause danger to any person or property; or
  • permit or allow the growth of any vegetation on the land which constitutes or is likely to constitute a danger, hazard or nuisance to any person or property; or
  • permit or allow any land or premises to be a haven for uncontrolled vermin, noxious weeds or insects which constitutes or is likely to constitute a danger, hazard or nuisance to any person or property; or
  • permit or allow the use of any land or premises for the storage of any materials or other substances which is dangerous or likely to cause danger to life or property; or

  • permit or allow any vegetation, fencing, a sign or anything else on the land or premises to be an obstruction or interfere with pedestrian or vehicular traffic by:

    • extending over any part of a road so that it obstructs the view of the driver of a vehicle at an intersection, or obstructs the view between the driver of a vehicle and a pedestrian; or
    • obscuring a traffic control item or sign from the view of a driver of an approaching vehicle or pedestrian; or
    • obscuring street lighting; or
    • overhanging a boundary of the land onto a footpath or other part of a road used by pedestrians in a manner that limits safe access, or by otherwise not providing a clearance of at least 1.8m in height over the footpath.

Untidy or unsightly properties

The owner or occupier of any land or premises must not:

  • permit or allow the land or premises, including immediately adjacent nature strip, to be kept in an untidy or unsightly condition, state or manner which is detrimental to, or detracts from, the general amenity of the neighbourhood; or
  • permit or allow the land or premises to be used for the storage of unconstrained rubbish or other waste materials; or
  • permit or allow the land or premises to be used for the purpose of storing any goods, materials or chattels which are detrimental to, or detracts from, the general amenity of the neighbourhood; or
  • permit or allow the land or premises to be used for the storage of any unregistered vehicle, derelict vehicle, plant or other equipment which are detrimental to, or detract from, the general amenity of the neighbourhood; 

What does unsightly or dangerous mean?

An unsightly property is any property which has: 

  • unconstrained rubbish
  • excessive vegetation growth
  • waste material
  • stored items in a cluttered or haphazard manner that are visible to the general public
  • other items that are visible and assessed as being detrimental to the amenity of the area.

A dangerous property is any property which is:

  • kept in a manner which is dangerous or likely to cause danger to health, life or property
  • a haven for vermin, noxious weeds or insects
  • in any other condition determined by Council to be dangerous or likely to cause danger to health, life or property

What are my requirements as a property owner or occupier?

The Community Local Law 2022 requires that the owner or occupier of land must not cause, allow or suffer their property to become unsightly and detrimental to the amenity of the neighbourhood.
An owner or occupier of land must also ensure that their property does not constitute a danger to a person’s health or another person’s property. 

Hints for maintaining your property include:

  • regularly maintaining gardens and lawns 
  • storing building materials in a neat and tidy manner, preferably in your back yard
  • where possible, storing any other materials in sheds or other suitable receptacles.
If you are a landlord, you are jointly responsible with your tenant/s to make sure rented properties are also maintained

What happens if I don't maintain my property?

Council officers respond to complaints about unsightly or potentially dangerous properties.  Properties may also be brought to Council's attention through local area inspections or during the annual fire prevention program.

Staff will assess the property and liaise with the owner or occupier as necessary about ways to improve the appearance, remove potential danger and reduce adverse impact on the amenity of the local area.  Council strives to achieve compliance through cooperation and discussion.

The Community Local Law 2022 provides that a Notice to Comply may be issued as a means to direct the owner or occupier to do certain things to improve the appearance of the property, remove any potential danger and reduce adverse impact on the amenity of the local area. 

If a Notice to Comply is issued, the notice will outline the circumstances causing the land to be deemed unsightly or dangerous, and it will specify the works to be completed by a required date.

For works that are not completed by the specified date (or where alternative prior arrangements have not been made), there are provisions in the Local Government Act 2020 that enable councils to proceed to carry out the work that was specified to meet the requirements of the notice. 

Once this work is complete, the Local Government Act 2020 enables councils to then recover the costs incurred from the property owner or occupier.

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