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Protection of adjoining properties

Why protect an adjoining property?

Building work can adversely affect adjoining properties, including abutting streets and laneways. An owner who is proposing building work has obligations under the Building Act 1993 to protect adjoining properties from potential damage from this work.

If building work is close to or adjacent to adjoining property boundaries, then an owner may be required to carry out protection works in respect to the adjoining property.

This is to ensure that the adjoining property is not affected or damaged by the proposed building work.

How do you know if protection work is required?

When making an application for a building permit for proposed building works, the applicant (the building owner or agent of owner) is required to provide detailed information to the relevant building surveyor (the person appointed to issue the building permit) regarding the location of the works, how the works will be carried out and the location of buildings on adjoining allotments. From this information the relevant building surveyor will determine if protection works are required.

The responsibility for determining whether protection work is required rests with the relevant building surveyor.

What obligations does a property owner have if protection work is required?

Owners are required to:

  • Serve Protection Work Notice on adjoining owner.
  • Obtain contract of insurance.
  • Prepare a survey of adjoining property.
  • Pay expenses incurred.

What obligations and rights does an adjoining owner have?

Their obligations and rights include; 

  • Responding to the Protection Work Notice within 14 days.
  • Agree or disagree to the proposed work or request further information.
  • Assist the property owner prepare survey of their property before work commences.
  • Seek reimbursement from property owner for any reasonable expenses incurred while protecting their interests.

All questions on specific obligations and rights should be directed to the relevant building surveyor.

Forms

Adjoining/neighbouring property owners details siting form (PDF, 1.00MB)

Adjoining/neighbouring property owners details protection works form (PDF, 152.77KB)