A Neighbour Is Building and Why a Protection Works Notice Is Never Just a Form
A neighbour is building? Don’t make the mistake of thinking it’s “just” a Protection Works Notice.
More and more, I am seeing protection works disputes become disputes about access to land, adverse possession, boundary issues, building defects and property damage.
It starts with a Form 7 Notice and quickly becomes something much bigger.
Many adjoining owners don’t realise that the Building Act 1993 (Vic) provides important protections. Your necessarily incurred costs of obtaining legal advice and engaging appropriate experts to assess the proposed protection works can be paid by the building owner.
That’s right, they are doing the works, you are put to the expense - so make sure you get advice. The right lawyers have access to expert building practitioners who can inspect and report fast
Plus you need to act fast because time limits including 14 days from a Form 7 apply. That’s not long to get an expert building consultant or engineer to your property but we regularly respond with an expert sent out in 48 hours so there is time to consider the expert opinion and respond with an appropriate Form 8 - ie your position on what protection is appropriate and supported by expert opinion.
However, timing is not the only issue. Too often adjoining owners are told to simply sign the notice and move on.
Wrong! It is not that simple and that can be a very expensive mistake.
- Will excavation cause movement?
- Is access really required?
- Are the proposed protection works sufficient?
- Will there be damage to your property?
- Is there an existing boundary or adverse possession issue that nobody has identified?
- What about a dilapidation report and insurance as they are required under the legislation.
These issues regularly overlap.
Remember, a protection works dispute is ultimately about protecting YOUR property.
If your neighbour is proposing substantial works, don’t assume the documents you’ve been given are adequate simply because they came from a builder, developer and start with a Form 6 from a building surveyor.
There are strict time limits and significant rights available to adjoining owners.
At BU Lawyers we regularly act for adjoining owners in protection works disputes, building defect claims and property damage matters throughout Victoria.
Our expertise is property damage. We know how it happens, why it happens and how to avoid it AND how to recover when it all goes wrong.
Insurance in this area requires an expert - insurers don’t just pay because you say “Please…”
Sometimes protecting your property starts with simply saying:
“I’m not satisfied and I want proper advice.”
It starts with saying:
“I’m not saying ‘no’ to your building works, I am protecting my castle”
“I know my rights and will stand for them.”
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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