Protection Works Notices Explained: What Adjoining Owners Should Do and How a Construction Lawyer Can Help and Understanding When You Need A Construction Lawyer
What Are Protection Works Notices?
Protection works disputes arise under Part 7 of the Building Act 1993 (Vic) and the Building Regulations 2018 (Vic).
Adjoining owners served with a Form 7 notice must respond within strict timeframes. In Victoria that is 14 days from the date of service and without response the repercussions are significant - they are deemed to have agreed to the proposed protection work.
Failure to properly assess proposed protection works can expose adjoining owners to risk of structural damage without adequate security.
Builders must ensure strict procedural compliance. Errors in notice service, scope description or security assessment may invalidate the process.
Strategic advice at the notice stage often prevents injunction applications and costly delays.
Your Rights and Cost Recovery Under the Act
Importantly adjoining owners can obtain legal and engineering advice to assess whether the work proposed is in fact sufficient and the building owner is responsible for paying for the adjoining owners costs where necessarily incurred. Many owners do not appreciate that section 97 of the Act provides such protection for costs to be claimed but owners need to approach matters in a way that costs incurred can be recovered because they are consistent with the Act.
BU Lawyers have experience with protection works Form 7 assessment, appointment of experts and Form 8 responses that quickly assess the issues at hand and produce outcomes that only expert building and construction lawyers in Victoria can achieve. Whether you are in Melbourne or regional Victoria we can assist.
Responding to Form 7 and the Appeals Process
Remember that if adjoining owners served a Form 7 fail to respond the repercussions are significant. Also, providing a considered Form 8 is critical. If agreement can’t be met between the building owner and the adjoining owner the RBS or building surveyor must consider matters and issue a Form 9. If the adjoining owner disputes the determination they have a mere 14 days to appeal to the Building Appeals Board.
At BU Lawyers we have experience filing for appeal or acting for building professionals in being represented at the Building Appeals Board.
Protection works disputes can be complicated. The issues at hand can often go beyond protection works to other issues related to defects, boundary disputes and otherwise.
Book a Consultation
Book an initial consultation with BU Lawyers to get expert advice on how to deal with your protection works dispute.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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