Archive for March, 2010

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The “Protection of Adjoining Property” process

Monday, March 29th, 2010

Image courtesy of www.detroityes.com

Under the Building Act 1993 in Victoria, Australia where there is determined to be a risk of “damage” to an adjoining property the Relevant Building Surveyor must require protection works to be carried out. These works can be on the subject property or the relevant adjoining property. The idea of these works is to protect the adjoining property(s) against the risk of  possible damage.

Protection works may be required at any stage during the works e.g. demolition, excavation, construction etc. They can be related to something as straightforward as painting or as complex as structural underpinning.

Protection works may not just be actual works, it can be a method of doing the work. Associated with the process is a range of obligations on the owner, including:

(more…)

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Here’s why the “Protection of adjoining property process” is problematic

Monday, March 29th, 2010

In our recent experience one of the most common reasons for disputes is that adjoining neighbors see this process for Protection Works as providing an additional avenue for feedback (and demands!) on all matter of their concerns about the effect(s) of proposed building works.

There are a whole range of processes in place that deal with the amenity of adjoining owners before, during and after proposed building works. These include:

  • Legislation (Building Control, Town Planning, Subdivision, Transfer of Land, Health;
  • Town planning schemes;
  • (Council) Local laws;
  • Building and Occupancy permits;
  • Council permits for protection of the public in the street etc.

The key issue for the owner, or their agents, managing this process is to communicate to the adjoining owner that it is not a “2nd bite at the cherry!” and not create the perception for the adjoining owner that the RBS is only acting in the owner’s interests! (more…)

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