Noise complaints in construction
This article caught my eye for a couple of reasons:
- Noise complaints in construction
It’s true!
Noise complaints are one of the most common reasons people complain about neighbouring construction works.
This article gives a snapshot of the hours allowed for building works to take place.
However, this is not the most pernicious issue I see…
- Protection to neighbouring properties
One of the most overlooked issues arising from the same heavy works taking place at a neighbouring property is the type and extent of protection works that are arranged to avoid damage to neighbours.
This can have a lot more impact than the noise alone. It can become a financial disaster for neighbours if not handled right.
I would say to anyone who’s about to face construction works at a neighbouring property - act early, don’t wait!
Many demolition and building companies later go insolvent, neighbour’s will invariably deny liability - it’s important that you make sure any protection works are properly considered and related insurance are properly taken out as a precautionary measure.
I’ve seen cases where:
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Demolition works have caused water tanks, brickwork and other materials to fall and cause significant damage to a neighbour - even into the hundreds of thousands and even more!
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Ground anchors for large owners corporation properties with underground car parks have extended under a neighbouring property and caused substantial damage leading to the inability to obtain insurance!
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Boulders being dropped and causing damage.
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Water ingress that has caused substantial damage is a common one!
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Vibration and underground excavation causing soil and building movement and structural issues. These can be very costly to fix!
There is an assumption by many that the protection works process engaged in by a neighbouring party and through and Relevant Building Surveyor is sufficient just because it’s occurred. Ie. a Notice is served.
Don’t assume…be sure!
There are strict time limits on protection works notices so if you receive a Notice in Victoria act quickly, you have 14 days.
With the new planning laws and the drivers across Australia for more building works, more multi storey and strata properties - I see more of these disputes arising and not less.
Don’t WAIT for something to go wrong deal with the issue when the Notice is received.
REMEMBER the legal costs of adjoining owner can be covered by the owner issuing the notice.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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