If your proposed building work is close to your neighbours' property, you may need to carry out protective work to ensure nearby properties are safe. This may include:
- propping of walls
- underpinning existing footings
- installing a retaining wall
- installing overhead barriers to prevent material from falling
- securing part of the adjoining property to ensure safety.
Your building surveyor will advise if protection work is required.
If protection work is required, you will need to provide your neighbours with a Protection Works Notice to notify them of your plans and method of protection.
Your neighbours must respond to the notice within 14 days. They can either agree, disagree or request more information. Unless otherwise determined by the engaged building surveyor, your neighbours must agree to your proposed works before a building permit can be issued.
If your neighbours approve, you will need to:
- submit a signed copy of the Protection Works Notice with your building permit application
- provide your neighbours with a list of all protection works along with construction and engineer plans if required
- obtain a contract of insurance to protect nearby properties, occupiers and the general public during works
- prepare a survey of the neighbour’s property
- pay any related expenses.
For more information visit Victorian Building Authority
If you are unable to locate the owner, you can request property ownership details.
Your neighbours must respond to the Protection Work Notice within 14 days. They can either:
- agree
- disagree
- request more information.
An adjoining owner who does not respond to the notice within 14 days is deemed to have agreed to the proposed protection work.
If the adjoining owner disagrees with the proposed protection work or requests further information, your building surveyor must examine the proposal for protection work and determine whether the protection work is appropriate.
If applicable, the building surveyor must give the owner and adjoining owner notice in writing of the determination.
A property owner or the adjoining owner can appeal a decision or lodge a complaint with the Building Appeals Board (BAB).
Visit the Victorian Building Authority (VBA) website for more information on protecting adjoining properties.