Frequently asked questions about overgrown or untidy properties

Ideas about whether a property appears overgrown or untidy can differ from person to person. A property that you might consider untidy may not be a health or safety risk. Council staff can inspect the property to determine if they need to undertake further action.

The maintenance of a property is the owner's responsibility to ensure that it doesn’t provide a place for vermin to live and nest. This means keeping properties free of long grass (up to 10cm) and vegetation, as well as waste. You can contact Council's waste services on 02 4474 1024 for more information on waste disposal options.

If you have a concern about your neighbour's overgrown or untidy property, you should attempt to speak to your neighbour to resolve the issue. Council has limited powers to intervene.

Council can assist and investigate overgrown or untidy property concerns, if required. Council can also provide advice for possible solutions to affected property owners.

Council has discretionary powers to issue notices and orders under the Local Government Act 1993 if it can identify a threat to public health and safety. This means that Council can order the property owner to remove the overgrown vegetation or waste to make the property safe. The property owner may receive a fine if there is non-compliance with the order. They may also need to pay for any work Council carried out to make the property safe.

When Council issues a property owner with an order or notice to maintain their property, it also has to allow the property owner time to take action. Council will issue the property owner with a notice for 21 days and if the owner does not comply, Council will issue an order for a further 21 days. If the property owner continues to not comply, Council will consider taking further legal action.

Where the property is untidy but is not a public health and safety risk, Council will generally not get involved. It is a matter for the property owners to resolve between themselves.

South Coast and Country Community Law provides free legal advice for neighbourhood issues. You can contact them at:

• T: 02 4422 9529
• W: South Coast and Country Community Law

If you're concerned that the condition of the vegetation on a property poses a fire hazard, please contact the Rural Fire Service on their website at www.rfs.nsw.gov.au or call Moruya RFS on 02 4474 2855.