Before embarking on a building project on your property in Victoria, you should be familiar with protection works and related notifications. They ensure that neighboring properties remain undamaged by your construction activities.
Protection works are necessary actions taken to shield an adjacent property from potential harm during construction. The Building Act 1993 (Vic) defines an 'adjoining property' as any land or pathway near the construction site that might be at risk from the construction activities. Common protection works include:
- Underpinning neighboring property footings.
- Constructing retaining walls.
- Providing overhead protection for neighboring structures.
- Any initiative aimed at preserving the structural integrity of adjacent properties.
Both commercial and residential constructions might require protection works.
The Building Act mandates builders to safeguard neighboring properties from probable harm during construction. As you apply for a building permit, furnish the relevant building surveyor with specifics about your project. They'll determine the necessity for protection works. If ordered, follow Regulation 602 of the Building Regulations 2006. Additionally, under section 92 of the Building Act, the building surveyor should share construction plans with the adjoining owner if asked.
The Building Act mandates builders to safeguard neighboring properties from probable harm during construction. As you apply for a building permit, furnish the relevant building surveyor with specifics about your project. They'll determine the necessity for protection works. If ordered, follow Regulation 602 of the Building Regulations 2006. Additionally, under section 92 of the Building Act, the building surveyor should share construction plans with the adjoining owner if asked.
Should protection works be deemed necessary, a detailed notice should be given to the relevant building surveyor and neighbouring owner as stated in section 84 of the Building Act. The neighbouring owner has a 14-day window to respond. Non-response is seen as consent. If there's disagreement on the work, the building surveyor steps in to make a decision. Work can't start without the neighbour's approval. Once approved, the builder has a right to access the neighbouring land to execute the protection works, as long as the neighbour gets a dilapidation report at their expense, as per section 95.
Acquiring insurance as per section 93 of the Building Act is crucial once protection works are greenlit. Standard Construction and Public Liability policies might not suffice. Ensure insurance covers:
- Damage to the neighbouring property.
- Agreement of all involved parties.
- Coverage for 12 months post-completion.
- All potential damages and losses in the policy.
The protection works system aims to prevent prolonged complaints or lawsuits. However, disagreements can arise if neighbouring owners contest the protection works or if there's damage without an order for protection works. In such cases, the building surveyor's decision can be escalated to the Building Appeals Board. This board's ruling can be appealed in the Supreme Court of Victoria, but such a course may be time-consuming and expensive.
When a property owner plans to undertake building works, they are mandated under section 84 of the Act to issue a PWN to the adjoining property owner. Think of the PWN as an essential heads-up, detailing the nature of the building and protection tasks, along with other relevant information.
For those planning to build, remember: no construction should commence until a 14-day waiting period (as per section 85 of the Act). If the neighbouring owner doesn't respond within this timeframe, it's deemed they've given their consent. However, if you’re the adjoining property owner and have concerns or queries, ensure you react to the PWN. If you’re uncertain about your responsibilities and rights, this is the right time to consult a construction law expert.
Section 85 of the Act offers three response avenues:
1. Give the green light to the proposed protection work.
2. Voice your disagreement with the protection work, offering reasons.
3. Ask for more detailed information.
If you opt for the second or third choice, section 87 of the Act comes into play. The Relevant Building Surveyor will then assess the appropriateness of the proposed work.
Responding to a PWN or navigating the determination process can bring associated costs, predominantly legal fees. There could also be charges for professional evaluations from engineers or builders. It seems daunting, but section 97 offers relief. It empowers adjoining owners to retrieve such costs from the initiating owner. The two parties can settle on a payment agreement or, if there's a deadlock, resort to the Building Appeals Board under part 10 of the Act for a solution.
Considering construction? Unsure about protection works or received an order? Contact Minerva Law Group today for expert advice.
What Are Protection Works?
Protection Works ensure the safety of neighbouring properties during construction. Defined under Part 7 of the Building Act 1993 (Victoria), these regulations mandate how and when Protection Works should be executed. The purpose? Safeguarding a neighbour’s property from potential damage due to nearby construction activities.
If deemed necessary by the Relevant Building Surveyor, the owner must perform Protection Works as per Regulation 602 of the Building Regulations 2006. However, if there's no intrusion into the neighbouring airspace, certification from the project’s and an independent engineer can exempt this. The Relevant Building Surveyor must also confirm no damage to the neighbouring property.
Prior to Protection Works, owners should conduct a survey detailing the current state of the neighbouring property. This crucial evidence can resolve potential disputes.
Owners are liable for costs related to assessing and supervising Protection Works. Compensation for inconvenience or damage during Protection Works is also mandated by section 98 of the Act.
They must provide any requested plans or specifications to the adjoining owner as per section 92 of the Act.
- Adjoining owners aren't responsible for insurance – the primary property owner is.
- Insurance differs from regular building insurance, focusing on potential adjoining owner liabilities during and post-construction.
- The policy should define adjoining property values, agreed upon by the adjoining owner.
- Any damage, direct or indirect, resulting from Protection Works should be covered by the insurance.
As per sections 84 and 85 of the Act, owners need to notify both the Relevant Building Surveyor and the Adjoining Owner about proposed Protection Works. If there's disagreement or no response within 14 days, further processes under sections 87 and 88 of the Act come into play.
Section 95 of the Act permits owners to access the neighbouring property for the Dilapidation Report and Protection Works execution between 8am-6pm. While the owner can remove obstructive furniture, damage prevention and 24-hour notice are mandatory.
In emergencies, the Building Commission can order urgent Protection Works.
Defined under Section 93 of the Building Act, Protection Works Insurance is crucial for:
- Protecting against potential damage to adjoining property due to Protection Works.
- Covering liabilities for adjoining occupants and the public during and 12 months post-construction.
- Agreement on insurance details between the owner and adjoining owner.
- Renewal or extension provisions for ongoing construction periods.
If deemed necessary by the Relevant Building Surveyor, the owner must perform Protection Works as per Regulation 602 of the Building Regulations 2006. However, if there's no intrusion into the neighbouring airspace, certification from the project’s and an independent engineer can exempt this. The Relevant Building Surveyor must also confirm no damage to the neighbouring property.
As per sections 84 and 85 of the Act, owners need to notify both the Relevant Building Surveyor and the Adjoining Owner about proposed Protection Works. If there's disagreement or no response within 14 days, further processes under sections 87 and 88 of the Act come into play.
Prior to Protection Works, owners should conduct a survey detailing the current state of the neighbouring property. This crucial evidence can resolve potential disputes.
Section 95 of the Act permits owners to access the neighbouring property for the Dilapidation Report and Protection Works execution between 8am-6pm. While the owner can remove obstructive furniture, damage prevention and 24-hour notice are mandatory.
Owners are liable for costs related to assessing and supervising Protection Works. Compensation for inconvenience or damage during Protection Works is also mandated by section 98 of the Act.
In emergencies, the Building Commission can order urgent Protection Works.
They must provide any requested plans or specifications to the adjoining owner as per section 92 of the Act.
Defined under Section 93 of the Building Act, Protection Works Insurance is crucial for:
- Protecting against potential damage to adjoining property due to Protection Works.
- Covering liabilities for adjoining occupants and the public during and 12 months post-construction.
- Agreement on insurance details between the owner and adjoining owner.
- Renewal or extension provisions for ongoing construction periods.
- Adjoining owners aren't responsible for insurance – the primary property owner is.
- Insurance differs from regular building insurance, focusing on potential adjoining owner liabilities during and post-construction.
- The policy should define adjoining property values, agreed upon by the adjoining owner.
- Any damage, direct or indirect, resulting from Protection Works should be covered by the insurance.
Confused About Protection Works? For comprehensive advice and clarity, reach out to Minerva Law Group today.
Protection Work Notices are a pivotal aspect of property development. As urban density grows, the importance of safeguarding neighbouring properties during construction becomes paramount.
The Building Act 1993 (Vic) mandates protection of adjoining properties from potential construction damages. If a significant risk exists, the property developer must consult with the neighbouring owner. Here, "adjoining property" includes any land at risk due to construction activities, and "building work" refers to construction, demolition, or removal tasks.
When applying for a building permit, the building surveyor assesses the necessity for protection work. This is based on the proposal's intricate details, construction materials, methods, and the potential extent of damage to neighbouring properties.
Should protection work be deemed essential, the developer must notify the adjoining owner with a detailed PWN, outlining the nature, timeframe, and supporting technical information. Within 14 days of receiving the PWN, the adjoining owner must either agree, disagree, or request more details. Failure to respond means automatic agreement. After receiving consent, the developer must procure the necessary permits, insurance (covering potential damages for 12 months post-construction), and jointly arrange a dilapidation report to document the current state of the adjoining property.
Protection tasks vary based on the nature of the project and the risks posed. This can range from stabilizing adjacent properties, constructing retaining walls, providing support, to overhead safeguards. These protective measures can significantly influence project costs.
The property developer handles all expenses related to the PWN, from the actual protective tasks to the adjoining owner's evaluation costs. The legislation even accommodates the adjoining owner's independent technical consultations.
Should an adjoining owner dispute the proposed protection work, they must inform both the property owner and the building surveyor within 14 days. The building surveyor then issues a written determination. For unresolved disagreements, the Building Appeals Board intervenes. Legal expertise is advisable when tackling such disputes, as the board's verdict, based on expert opinions, is mostly binding and can only be contested in the Supreme Court on legal grounds.
Anticipate the potential need for a Protection Work Notice in your construction project's planning phase. Compliance ensures safety and averts legal pitfalls. For comprehensive guidance or if you've received a PWN, seek technical and legal advice. For further information or assistance.
JUN 10, 2022
In Victoria, with continuous building activities, the need for protection works to safeguard adjacent properties is frequent. If such works are mandated, developers or landowners must obtain insurance in line with section 93 of the Building Act 1993 (Vic). Non-compliance with this section can lead to expensive delays, elevated legal fees, and significant financial repercussions.
Section 93(1) prescribes two distinct insurances:
1. Property insurance covering potential damage to the adjacent property due to the proposed protection work.
2. Liability insurance safeguarding against potential liabilities to neighbouring occupants and the public during the construction and for 12 months post-completion.
Historically, these distinctions were highlighted in legal cases such as You v Thomas [2014] VSC 255 and Colonial Range v CES-Queen [2016] VSCA 328.
The Act lacks clarity regarding permissible exclusions in the liability insurance policy, which makes obtaining a compliant policy crucial.
Contrary to some beliefs, the policy doesn’t need to cover the entire building work duration and the subsequent 12 months. Renewing or extending as required is acceptable, as seen in the You case.
While no standalone policy catering specifically to section 93 has been identified, compliance is often achieved through 'protection works endorsements' on existing policies. These endorsements, however, can vary greatly among insurers. Minerva Law collaborates with multiple brokers and insurers and can suggest suitable policies and endorsements.
No. A Certificate of Currency isn't a substitute for an insurance contract. Section 93(3) mandates lodging the insurance contract with the neighbouring owner before beginning protection works. It’s crucial to understand what constitutes an insurance contract to discern the documents necessary to be shared with the adjacent owner.
Securing the right insurance for protection works is crucial. Due to the intricacies of section 93, it's essential for both owners and builders to ensure full compliance. For developers, it's vital to have everything in order before the onset of construction and protection works. Builders need to ascertain their contracts cover time and cost implications due to potential delays under the Building Act 1993 (Vic).
Minerva Law boasts comprehensive expertise in managing insurance claims and representing builders, owners, and adjacent owners concerning section 93 insurance and protection works.
For queries related to section 93, insurance, or general building concerns, reach out to Tsungai Mukushi at tsungai@minervalaw.com.au from Minerva Law’s specialized team.
If a Protection Works notice lands in your lap or you're facing costs due to such a notice, you're entitled to recoup these expenses from the initiating owner. For seamless navigation, consider partnering with a seasoned construction lawyer familiar with these proceedings.
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CEO of American BDS
There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which don’t look even slightly believable.
