What is a PROTECTION WORK NOTICE?
If you are building on your block, and your building work may impact on your neighbours, the building surveyor may require you, as the owner of the land where the building is to take place, to serve a notice on your neighbours.
This is called a PROTECTION WORK NOTICE and these are the steps you’ll need to take to avoid potential delays on your build.
This notice advises your neighbour that the work will be carried out near or on the boundary and the type of work that is proposed to be carried out to protect the neighbour’s structure(s) from any damage.
PROTECTION WORK NOTICE STEPS:
- Step 1: The surveyor issues a “Form 6” indicating that the neighbour’s property might require protection from the building work.
- Step 2: A “Form 7” notice is given to the neighbour, stating the proposed protection work to be carried out. This document must outline the details of the protection work and the timeframes that apply.
- Step 3: “Form 8” is a response from the neighbours indicating agreement, disagreement or whether further information is required. Form 8 must be issued within 14 days of receiving the Form 7. In considering the response the neighbour may consult with their own engineer to see if the works are necessary and sufficient. The costs of doing so are generally met by the owner of the property that wishes to undertake construction work.
- The neighbour should comply with the 14 day deadline, if they wish to object to the work, otherwise the proposed work is deemed to be accepted and approved.
- Before commencing the protection work however, the owner is advised to conduct what is called a “dilapidation survey” of the neighbour’s property (an inspection that records the state of the property) and is under an obligation to obtain a protection work insurance. Protection work insurance is a policy that applies to the works carried out pursuant to the protection work notice and for 12 months thereafter. This insurance is separate to any public liability or builder’s warranty insurance in respect to the construction work. It is the owner’s obligation to obtain that insurance and not the builder’s or a demolition contractor’s.
For more information or to seek legal advice, please telephone us at 9555 7233 or email us at firstname.lastname@example.org.
This article provides information that is general in nature and is not a substitute for legal advice.