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Removing Graffiti from Private Property

Under the Graffiti Prevention Act 2007 councils can, but are not required to, remove graffiti from private property. If you want to remove graffiti from your property, contact your local council to see what removal options they have in place.

Before a council removes graffiti from private property under the Act they must take the following steps: 

1. Ask permission of the property owner or occupier to remove the graffiti. Under the new laws if the property owner or occupier objects to the graffiti removal, it cannot take place.
2. Authorise people with the right type of skills and experience to remove graffiti from private property. An authorised person must carry an identification card with their photograph and signature, which they must produce on request.
3. Ensure all graffiti removal on private property is done with care, to a reasonable standard and without causing unnecessary inconvenience to the property owner or occupier.

Notice of graffiti removal

If entry to the private property is required to remove graffiti, 28 days notice of the intended graffiti removal must be given. If entry is not required, only 10 days notice must be given.

The notice must include details about the proposed graffiti removal including the proposed date of the removal, how the property owner can object to the removal and the fact that, under the Act, no compensation is payable for damage, loss or injury as a result of graffiti removal.

If the property owner objects to the graffiti removal it cannot take place under the new laws.

Graffiti removal by a council-authorised person

Local councils that choose to remove graffiti from private property must appoint authorised persons to undertake graffiti removal activities.

In appointing an authorised person, the council must take into account a person's relevant knowledge and experience, and their character. The person must agree in writing to exercise the functions and powers conferred in accordance with performance criteria determined by the council.

The council must issue authorised persons with photo identity cards which they have signed and which have also been signed by a council staff member authorised to sign such a document. The identity card must be produced upon request.

 

Disclaimer

This website is provided for general information only. The information provided on this website does not constitute legal advice. The State of Victoria does not represent or warrant that this website is accurate, authentic or complete. You should assess whether the information is accurate, authentic or complete and where appropriate, seek independent professional advice.