There is so much talk in Victoria with new planning laws coming to bear and the potential for substantial new residential developments

Further, whilst building law changes in Victoria under the Building Legislation Amendment (Buyer Protection) Act 2025 (Vic) mean a new development bond is proposed for developments over 3 stores and an array of other protections for consumer owners…

HOWEVER, what about neighbouring owners?

What exactly is in the new legislation for adjoining owners?

The answer NOT MUCH!

Whilst the focus is on building owners, as many know at Brockhill & Usherwood Lawyers we act and regularly protect the interests of all owner’s including neighbouring owners to building works, including from:

• public liability;

• from water ingress claims under the Water Act; and

• building works of course - and we assist with the important issue of protections works.

The current protection works regime under Part 7 of the Building Act 1993 (Vic) remains in place AND it provides important protections for neighbouring owners where a Relevant Building Surveyor (RBS) determines protection works are required.

But don’t be fooled this is not a simple process. Disputes can lead to the Building Appeals Board.

Whilst many expect potential issues from neighbouring high-rise and rightly so, building works including low rise can cause issues too!

It is critical owners get independent advice on what is required legally and often from building consultants including engineers.

At the moment if the RBS decides that protection work is required the building owner (for the building site) must serve a Form 7 plus other documents prescribed by the Building Regulations.

The above process when triggered sets out a process in Part 7 of the Building Act 1993 including insurance under section 93 of the Act.

We have seen in the past how destructive high-rise developments by residential dwellings can be to neighbours, this can cause damage to adjoining owners and substantial loss.

Examples include underground car parks and building works causing structural distress to neighbouring properties.

With so much change on the horizon in Victoria it’s important to not overlook the protections that already exist.

However, remember that there are strict time limits when a Form 7 Protection Work Notice is issued.

Also, there are costs associated, and many owners discover this too late in the piece. This should be understood early with a building owner and builder for the building site.

Neighbouring owners served with a Form 7 should get advice early! www.planning.vic.gov.au/news/articles/new-townhouse-and-low-rise-code

This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Tagged as:

• property disputes