Protection of Adjoining Property

Since building work can adversely affect adjoining properties, some State and Territory protection of adjoining property legislation requires the applicant to consider the protection of adjoining property. Protection of adjoining property must be considered before building work commences both above and below ground level.

Victorian

A number of steps usually have to be considered to comply with protection of adjoining property legislation.

When making an application for the proposed building work, the applicant (the building owner or agent of owner) is required (when protection of adjoining property legislation exists) to provide detailed information to the relevant authority to determine whether protection of adjoining property work is necessary. A number of steps usually have to be considered to comply with the protection of adjoining property legislation, and these can include the need to:

Serve a notice on adjoining owner
Obtain evidence of insurance
Prepare a survey of adjoining property
Pay expenses incurred.

Adjoining owners in turn, can have obligations and rights under the protection of adjoining property legislation that may include the need and right to:

Respond to the protection of adjoining property notice within a stipulated time-frame.
Agree or disagree to proposed protection of adjoining property work or request further information
Assist the property owner to prepare a survey of their property before work commences
Seek reimbursement from the property owner for any reasonable expenses incurred while protecting their interests.

HENDRY building surveyors have the experience and knowledge to guide an applicant or an affected neighbour through the protection of adjoining property process, and if there is a disagreement as to the nature of protection of adjoining property works leading to an appeal, HENDRY building surveyors can assist the applicant through the protection of adjoining property appeal process, and to ensure legal action and appeals are limited.