When conducting any building works, you must protect adjoining properties from potential damage.
If building work is close to or adjacent to an adjoining property boundary, protection work may be required to ensure that the other property is not affected.
Adjoining property can include land, or a street, road or laneway that's at risk of significant damage from building work.
Protection work can include:
- underpinning or structural support of adjoining properties
- retaining walls or shoring due to site cuts
- barriers or overhead protection to prevent materials from falling.
Your building surveyor will determine whether protection work is necessary, based on your building permit application.
It's an offence to commence any building work where protection work is required without first obtaining approval.
If protection work is required, the property owner must do the following:
Provide the adjoining property owner with a Protection Work Notice
If we are issuing the building permit, use our Protection Work Notice (Form 7)(DOCX, 464KB). It will explain to the adjoining owner:
- the extent of buildings to be erected
- the form of building work to be carried out
- equipment to be used on, over, under or in the air space near the adjoining property.
Obtain the statutory insurance
As the owner having building work done, you must ensure that a contract of insurance is in force against potential damage caused by the proposed protection work to the adjoining property.
- The insurance policy must protect the adjoining property, occupiers and the general public during the works for a period of 12 months following completion of the work. Note: a standard Construction and Public Liability policy will not normally provide the minimum cover required.
- The contract for insurance must cover an amount agreed between the owner and adjoining owner. A copy of the insurance policy must be provided to the adjoining owner before building work starts.
Prepare a survey of the adjoining property
Preparing a survey of the adjoining property is important, as it will protect both parties and provide evidence against false damage claims.
Pay expenses incurred
You should expect there to be legitimate expenses incurred by the adjoining owner related to the assessment and supervision of protection work.
If you're an owner, we encourage you to engage your neighbours when developing plans, so that the neighbours have an understanding of what may take place during the build. If you can explain what is intended, you can address the neighbours' concerns early.
The adjoining property owner also has certain responsibilities. They must:
- Respond to the Protection Work Notice within 14 days. If we're issuing the building permit, use our Protection Work Response Notice (Form 8)(DOC, 474KB). If you receive no response within 14 days, you are deemed to have agreed to the work being undertaken
- Agree or disagree to proposed work or request more information
- Help the owner survey the adjoining property before the building work begins.
For specific advice, contact your building surveyor.
For general advice, contact us.
Phone: 03 9217 2170
Email: buildplan@whittlesea.vic.gov.au