Thousands of people across Victoria are in the process of wanting to build a new home, usually on a block of land recently purchased from a developer or on land in a built-up residential area. Protection works can also be needed for extensions, installations of pools and remediation works. In any situation, there will always be building acts and codes that must be adhered to. These building acts are in place to protect you as the homeowner but also those around you. A common yet misunderstood act is the Protection Works Notice.

In this blog post, we are going to discuss what a Protection Works Notice is, why it is required, how to interpret it and the need for a dilapidation report.

What is a Protection Works Notice and why is it required?

During the pre-construction process, it may be determined that you require protection works and must issue a notice to an adjoining property. A protection works notice is required if it is found that your proposed building works will be close to or adjacent to adjoining property boundaries and they are at risk of damage. The reason for this can vary: however, some of the most common examples of when it is required are:

• Building up to or close to an adjoining building.

• Building up to or close to a Council asset.

• Building along a property boundary line.

• Any large excavation close to the property boundary or adjoining building.

Adjoining property doesn’t simply define a house. Adjoining property references any land that is at risk of significant damage from your proposed building works. This may include any footpath, street, lane, highway and many more.

A part of the pre-construction process is to apply for a building permit through a registered building surveyor. During this process, the appointed building surveyor will identify the need for a protection works notice. If it is determined that your proposed construction works will potentially affect an adjoining property and they are at risk of damage, you will be required to issue a protection works notice.

How are the notices filled out and interpreted?

All building surveyors will have their own notices that you can use to serve to the relevant property owner and these will commonly be divided into 3 different forms. 

1. Introduction letter (Form 6)-

   This letter is used as an overview of the details and to advise that a protection works notice is required. This includes basic details of the property, the proposed works that will be conducted within close proximity to the adjoining land and details of why the protection works notice is being issued to them.
   

2.  The Protection Works Notice (Form 7) –

   This is a much more in-depth version of the introduction letter. This form includes details of the property owner and their appointed builder, the affected land owners’ details, complete details of the proposed building works and proposed protection works and a list of the documents that are included for the affected owners’ perusal.
   
   The details of the proposed building work should include the details of the proposed protection works should include the nature, location, duration and time of such works. This should also highlight the extent of time required to access the adjoining property for the purpose of undertaking the proposed works.
   

3.  The Protection Works Notice response letter (Form 8) –
   This letter is the document that the affected adjoining property owner is to fill out. Once reading through all of the information provided and the documents attached, they will be required to fill this form out with one of the below selections:
   - agree to the proposed protection works
   - disagree with the proposed protection works
   - request the following further information

 Once the affected owner has been issued with these notices, they have 14 days to respond. If they fail to respond within 14 days, it is deemed that they have agreed to the proposed works and the building surveyor can proceed to issue a building permit.

If the affected adjoining owner does not agree with the protection works or requests further information then the appointed building surveyor must reassess the proposal for the protection works and determine if it is still appropriate.

Once the building surveyor makes a determination, they must advise the owner and affected adjoining property owner in writing of their decision. If either party is not satisfied with the determination, they may appeal to the Building Appeals Board within 14 days.

Often, builders/neighbours may try and pressure you into accepting the proposed works within 14 days. If this happens then they should seek the help of an engineer immediately and inform the builder and surveyor in writing that you want a second opinion and require additional time. If you fail to advise them and the 14 days does lapse then it could be interpreted that you agree to the proposition.

I’ve been served with a protection works notice, what should I do now?

Now that you’ve been served with a protection works notice, it is important that you first and foremost understand exactly what the proposed works are and how they may affect you. If you are having trouble understanding the notice, reaching out to an engineer to assist you would be the best solution. In this process, an engineer will assess the documentation and provide you advice to assist you in making a decision on the proposed works.

At Arbiter Group,  our engineers read through the relevant information provided, attend the site to conduct an inspection and then determine if the proposed protection works are sufficient, or make recommendations if they are not. We also often recommend conducting a dilapidation report prior to the commencement of works. A comprehensive dilapidation report is essentially a condition report of your and your neighbours’ property. This will capture and record any pre-existing damage in your or your neighbour’s property, protecting both parties and providing valuable documentation during the building process. The dilapidation report will provide detailed information on the current condition of the property's floor levels, including any defects or damage, and compare it to the post-construction condition to determine if any damage occurred during nearby construction work.

It is important to note that as a part of the protection works notice requirements, the property owner is liable to cover any costs incurred by the affected property owner including costs associated with engaging an engineer and conducting a dilapidation report. As the affected owner, you should not be out of pocket for any expenses that occurred in an attempt to understand the notices better and obtain a dilapidation report for your benefit.

How can Arbiter Group help you?

If you have been served with a Form 7 & 8 and are wanting an expert opinion on its’ contents prior to making a decision, contact our engineers. At Arbiter Group, our experienced team provide detailed reports by identifying pre-existing damage and logging it in the report. This helps protect both property owners and construction companies from unfounded claims of damage. Contact us today to discuss your needs and see how we can help you.