|
During
the checking of an ‘Application
for a Building Permit’ the Relevant
Building Surveyor may determine the
need for ‘Protection of Adjoining
Properties’.
This
is usually the case when construction
is proposed on or near boundaries
to adjacent properties and when the
Relevant Building Surveyor determines
that damage could occur to adjacent
properties as a result of the proposed
works.
When it is determined by the Relevant Building Surveyor that ‘Protection of Adjoining Property’ is required; this process, as outlined in the Building Act 1993, must be completed prior to the commencement of any building work that relates to the works that warrant protection measures.
The following is a guide to the process
of ‘Protection of Adjoining Properties’
which has been extracted out of the
Building Act 1993. It is the Owner’s
responsibility to ensure this process
is followed and adhered to.
Protection
of Adjoining Properties Information
The following is
an extract from the Building Act 1993;
Part 7; Sections 84 to 88 inclusive
and Sections 92, 93 and 94 is intended
to provide advice to applicants as
to the procedures to be followed in
serving protection Notices and carrying
out Protection Works.
84.
Notice of Building Work to be Given
1. An Owner who is required by
the Building Regulations to carry
out Protection Work in respect of
an adjoining property before or during
the carrying out of the building work
for which a Building Permit is required
must, before commencing the building
work, serve on the Owner of the adjoining
property and the Relevant Building Surveyor Notice of the proposed building
work.
2. The Notice must be in the prescribed
Form and must include:
a) details of the proposed building
work as at the date of Notice; and
b) details of the proposed Protection Work setting out the nature, location,
time and duration of the Protection Work.
85.
Adjoining Owner must Respond to Notice
1. The adjoining Owner, not later
than 14 days after service on the
adjoining Owner of the Notice of the
proposed building work, must:
a) Give to the Owner a Notice in the
prescribed Form agreeing to the proposed
Protection Work; or
b) Give to the Owner and the Relevant
Building Surveyor a Notice in the
prescribed Form;
c) Disagreeing with the proposed Protection Work; or
d) Requiring more information to be
given to enable the proposal to be
considered by the Relevant Building Surveyor.
2. Subject to Sections 90 and 91,
an adjoining Owner who fails to give
Notice under Sub-Section (1) within
the required time is deemed to have
agreed to the proposed Protection Work. Section 86. Effect of agreement
If the adjoining Owner agrees or is
deemed to have agreed to the proposed
Protection Work, the Owner may proceed
to carry out the Protection Work after
obtaining necessary Permits or approvals
required by this or any other Act
or the Building Regulations.
87.
Effect of Disagreement or Request
for Further Information
1. On receipt of a Notice under Section
85 (1) (b), the Relevant Building Surveyor must examine the proposal
for Protection Work and determine
the appropriateness or otherwise of
the work.
2. If the Relevant Building Surveyor
considers it appropriate in the case
of a Notice under Section 85 (1) (b)
(ii), the Relevant Building Surveyor:
a) May ask the Owner to give more
information before making a determination
under Sub-Section (1); and
b) If more information is requested,
must make a copy of that information
available to the adjoining Owner.
3.
In determining a matter under this
section, the Relevant Building Surveyor
may make any inquiries he or she thinks
but is not required to give any person
a hearing.
4. The Relevant Building Surveyor
must give the Owner and the adjoining
Owner Notice in writing of a determination
under this section.
Works
not carried out until protection requirements
met
1. An Owner who is required by the
Building Regulations to carry out
Protection Work in respect of an adjoining
property must not carry our any building
work giving the rise of that requirement
until:
a) The adjoining Owner agrees or is
deemed to agree to the Protection Work; or
b) The matter is determined by the
Relevant Building Surveyor under this
Part; or
c) In the case of an Appeal to the
Building Appeals Board in relation
to the matter, the matter is determined
by the Building Appeal Board.
Penalty: 100 penalty units, in the
case of a natural person.
500 penalty units, in the case of
Body Corporate.
2. The Owner must carry out Protection Work required by the Building Regulations:
a) If the adjoining Owner has agreed
to the Protection Work, in accordance
with that agreement; or
b) If the Relevant Building Surveyor
has made a determination under this
Part in respect of the Protection Work, in accordance with that determination;
or
c) Of the Building Appeals Board has
made a determination under Part 10
in respect of the Protection Work,
in accordance with that determination.
Penalty: 100 penalty units, in the
case of a natural person.
500 penalty units, in the case of
Body Corporate.
NOTE: 1 PENALTY UNIT CURRENTLY $100.00
92. Adjoining Owner may Inspect Plans
At
any time after Notice of intention
to commence the carrying our of the
building work is given under this
Part, the Relevant Building Surveyor
must make available to the adjoining
Owner, on request, for inspection,
without charge, any plans, drawings
and specifications of the proposed
building work in the possession or
control of the Relevant Building Surveyor.
93. Owner to Arrange Insurance
Cover
1. Before commencing any Protection Work in respect of an adjoining property,
an Owner must enter into contract
of Insurance, in accordance with this
Section, against damage by the proposed
Protection Work to the adjoining property
and against any liabilities likely
to be incurred to adjoining occupiers
and members of the public during the
carrying out of the building work
and for a period of 12 months after
that building work is completed.
Penalty: 100 penalty units, in the
case of a natural person.
500 penalty units, in the case of
Body Corporate.
2. The contract of insurance must
be entered into with an Insurer and
for an amount:
a) Agreed to by the Owner and the
adjoining Owner; or
b) In the event of a dispute, determined
by the Building Appeals Board under
Part 10.
3. The Owner must lodge the contract
of Insurance with the adjoining Owner
before the commencement of the Protection Work.
4. The contract of insurance must
be renewed or extended as often as
may be necessary during the carrying
out of the building work and for 12
months after that work is completed.
94. Survey of Adjoining Property
1. Before the commencement of any
Protection Work, the Owner or the
Owner’s agent in company with
the adjoining Owner or the adjoining
Owner’s agent, must:
a) Make a full and adequate Survey
of the adjoining property; and
b) Record in writing or by any other
means any of the parties desires all
existing cracks and defects in the
adjoining property.
2. The record must be signed or otherwise
acknowledged as an agreed record of
the condition of the adjoining property
before the commencement of any Protection Work.
3. The record is admissible in evidence
in any proceedings relating to the
adjoining property and is evidence
of the condition of the adjoining
property at the time the record was
made.
As Relevant Building Surveyor - On behalf of the Owner, our company can undertake the serving of these Notices to the adjoining affected property Owners for an additional fee.
This Fee includes:
-
Obtaining adjoining Owners details
from the Rates Department of the relevant
Council.
- Completing the Form 3 and Form 4
Notices in accordance with the Building
Regulations.
- Obtaining additional copies of drawings
as required (for serving on the adjoining
Owners).
- Serving of the Notices in accordance
with Regulations.
- Dealing with any correspondence
from the adjoining Owners as a result
of the serving of the Protection Notices.
- Evaluating any requests from the
adjoining Owners for additional information.
- Making a determination as to the
appropriateness of the Protection Work as required under Section 83
of the Building Act 1993.
Or alternatively, this process and the serving of these Notices can be performed by the Owners and/or an agent appointed by the Owner (ie. Architect). Where Notices are not served by this office, a full copy of all correspondence including signed Notices will be required to be provided to this office for assessment by the Relevant Building Surveyor and determined appropriate before the issuing of any Building Permits relating to these works.
Refer to
Blank
Protection Notices (Forms 3 &
4)
|
