New neighbour building

We all know that feeling - a new neighbour…

Will it be good or bad!

As Victoria’s residential construction seeks to ramp up and evolve, we expect more substantial strata and multi level developments…these and other works can cause damage to neighbouring owners.

From mid-2026, Victoria is implementing a new building dispute resolution regime under the Building and Plumbing Commission (BPC).

These change despite being designed to stimulate building in Victoria do little to nothing new to PROTECT neighbours!

This raises an emphasis on how protection works disputes are resolved…

The legal and financial risks for neighbouring property owners are one of the most underappreciated flashpoints under the regime of protection works in the the Building Act 1993 (Part 7 - Protection of Adjoining Property).

Under Victorian law, when building works are proposed, a Relevant Building Surveyor (RBS) may determine that protection works are required to safeguard an adjoining property from damage.

These works can range from underpinning foundations and shoring up neighbouring structures, to installing overhead protection.

The building owner must serve a Protection Works Notice (Form 7) to the adjoining owner, laying out the details of the proposed works. The adjoining owner has 14 days to respond (Form 8), either by agreeing, requesting further information, or disagreeing.

If the adjoining owner does not respond in that time, by default they are treated as having consented and the neighbouring building works may commence.

That’s a tight window and many owners underestimate what’s at stake.

If you disagree with the proposed protection works, the RBS must make a determination under section 87.

Just because they make a determination doesn’t mean it’s in your interest!

If you’re a neighbour of upcoming or proposed building works, here are practical steps to protect yourself:

We can help assess the adequacy of the works, negotiate, and if needed, prepare to refer matters to the Building Appeals Board.

Engage an independent structural engineer or building consultant to review the protection works proposal, and help you respond knowledgeably to the Notice.

Be Ready to Disagree - but with a strategy

If you disagree with the proposed works, you must act within the 14 day window. And if needed, you may refer the matter to the Building Appeals Board.

At BU Lawyers, we have built a deep practice around property, construction, and insurance law.

We help both neighbouring owners and building owners navigate protection works from advising on Form 7 notices to representing clients before the BAB.

Protection works are not a mere box ticking exercise in Victoria.

If you or someone you know is facing a Protection Works Notice, or simply worried about construction next door, I’d encourage you to reach out.

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

Tagged as:

• building disputes