Chris has been a construction, property and commercial lawyer since 1998. Serve 1 copy of a properly completed and signed Form 3 ‘Protection Works Notice’ and 3 copies of a Form 4 ‘Protection Works Response Notice’ on the affected adjoining owner Three (3) copies of the Form 4. Notwithstanding this, disputes regarding protection works often arise when:Adjoining owners disagree with protection works orders; orThere has been damage to the relevant property but the relevant building surveyor has not issued a protection works order. Protection work notices Having decided that protection work is required, the RBS sets in motion a process that provides both the owner and adjoining owner with certain rights and obligations. �b�H?��l Examples of protection works include, but are not limited to: Underpinning of adjoining property footings; Erecting retaining walls where works have been carried out; Overhead protection for adjoining property; and.
Architectural site plan showing the relationship of the proposed protection works to the 50 0 obj <>stream The protection works notice (Form 3) is to be completed for each adjoining owner and is to be served on the adjoining owner and on myself as the relevant building surveyor along with the following documents 1.
The Jewel Business Centre, Suite 208, 566 Saint Kilda RoadThe Jewel Business Centre, Suite 208, 566 St Kilda Road Other work designed to maintain the stability of adjoining property from damage from building work. The protection work response notice for the adjoining owner to complete (Form 8).
PROTECTION WORKS NOTICE CHECKLIST The following forms/ information/ documentation listed below are required to form part of the Protection Work Notice which is to be served to the adjoining owner where the Building Surveyor has determined it necessary for protection work to be carried out to their adjoining property. Building on the boundary adjoining any neighbours buildings. If your matter is urgent, please telephone Chris Moshidis directly on 0419 216 130. Please feel welcome to contact us with your query via phone, email or by completing the online form.Thank you, your query has been received. The adjoining owner has 14 days to respond to the notice pursuant to section 85 of the Building Act. We deliver a range of legal services including advocacy, arbitration, contract law, debt recovery, dispute resolution, Chris practises as a lawyer and barrister in both Australia and formerly the United Arab Emirates. Agree to an appropriate amount for insurance. Urban Lawyers will be in touch within the next working day. PROTECTION WORKS NOTICES (Building Act Section 87 – 101) SUMMARY OF BUILDING ACT REQUIREMENTS AND PROCESS FOR SERVING OF NOTICES 1. Working drawings that show proposed location and nature of the building work and protection work near the allotment boundary. He has worked on grand scale and iconic projects and represented government and private developers and contractors in some of the largest arbitrations in the world at ICSID, LCIA, ICC, DIAC and DIFC-LCIA. The adjoining owner must not prohibit or restrict access to their land insofar as entry is necessary to allow the building owner to undertake the protection works.The adjoining owner must obtain a dilapidation report prior to the protection works commencement pursuant to section 95 of the Building Act, at their own cost. Examples of protection works include, but are not limited to:Erecting retaining walls where works have been carried out;Other work designed to maintain the stability of adjoining property from damage from building work.Protection works apply to both commercial and residential building projects.The Building Act imposes an obligation on parties carrying out construction works to their property to protect the adjoining property from any potential damage which is likely to arise as a direct result of the building works.When applying for a building permit, the building owner is required to provide detailed information about the building work to the relevant building surveyor. endstream endobj 18 0 obj <> endobj 19 0 obj <> endobj 20 0 obj <>stream It is critical that the administrative process is carried out correctly for those rights to be exercised. h�b```a``r�®� cb��>500���2)N�-~( dutt00ptt4������� h��n�0�_��-�LgK�I�C6�9[�p53�ā��ۏ��,=o��Ek��E��G9*�C��� *M@+0N�����tB)�� �Ѡ�$u�S�B8 If you are planning to carry out building work on your property, you may be required to carry out protection work to adjoining properties to ensure that they are not affected or damaged by your proposed building work. PROTECTION WORK NOTICE Postcode Postcode Contact person Telephone From Owner/agent Postal address Postcode Contact person Telephone In accordance with section 84 of the Building Act 1993, I give notice of my intention to carry out the following building work on my land and request your agreement to the proposed protection work.
%%EOF 0 Once consent has been obtained, the building owner gains a right of entry into the adjoining property for the purpose of undertaking the protection works. Protection works are works which must be carried out in order to protect an adjoining property from damage. The protection work approved statement from the Victorian Building Authority. A decision of the Building Appeals Board may be appealed to the Supreme Court of Victoria, however potential applicants should note that this process may be costly and lengthy. %PDF-1.5 %���� endstream endobj startxref
The relevant building surveyor’s decision may be referred to the Building Appeals Board in an attempt to find a resolution.