Protection works requirements
With regards to the works proposed on the property boundary, we wish to advise that protection works packages will need to be served to the adjoining owners of the properties abutting those boundaries. The protection works package must include the following documentation:
Notices in the prescribed form are to be served upon the adjoining owners together with the necessary information detailed as follows:
1.Form 3 (copy attached)
2.Form 4 (copy attached)
3.Copy of insurance policy (specific cover noting requirements of Section 93/Building Act 1993
4.Structural drawings / computations specifically detailing the nature of works associated with boundaries of the allotment.
5.Survey of adjoining property will be required (existing conditions of adjoining structures, garden, paving etc need to be documented if applicable). Normally this is done as a photographic survey.
6.Architectural documentation (relevant to adjoin boundary)
7.Details of works procedure.
8.Estimate of time involved with protection works.
Note:
1) A copy of the package issued is to be provided to our office as the Relevant Building Surveyors for the development.
2)Served information must be formally recognised due to the time periods involved with obtaining response via Form 4 (return receipts are required).
FORM 3
Building Act 1993
Building Regulations 2006 Regulations 602(2) & 602(3)
PROTECTION WORK NOTICE - to be issued to adjoining owner(s)
To
Adjoining Owner ......
Postal Address ......
Relevant Building SurveyorNelson McDermott Pty Ltd
Postal addressPO Box 419, HAMPTON PARK VIC 3976
ContactpersonLen Nelson / Arron McDermott
Telephone1300 799 543
From
Owner / Agent of Owner ......
Postal Address ......
......
Contact person......
In accordance with Section 84 of the Building Act 1993, I give notice of my intention to carry out the following building work on my land and request your agreement to the proposed protection work.
Details of proposed building work......
Property Details
Number ......
Street / Road ......
City / Suburb / Town ......
Municipal District ......
Lot ...... LP/ PS ...... Volume ...... Folio ......
Crown Allotment ...... Section ......
Parish ...... County ......
Adjoining Property Details
Number ......
Street / Road ......
City / Suburb / Town ......
Municipal District ......
Lot ...... LP/PS ...... Volume ...... Folio ......
Crown Allotment ...... Section ......
Parish ...... County ......
Protection Work Program
Nature, location, time and duration of the protection works
......
......
Signature
Signature of Owner or Agent of Owner......
Date ......
Note: Under Section 85 of the Act, the adjoining owner must respond to this notice by the completion of Form 4 within 14 days by -
i)Agreeing to the proposed protection work;
ii)Disagreeing with the proposed protection work; or
iii)Requiring more information
Failure to respond will be taken as agreement to the proposed protection work
In the case of ii) and iii) above a copy of the notice under Section 85 of the Act must also be given to the relevant building surveyor (see Regulations 602(4) and 602(5) and Form 4)
FORM 4
Building Act 1993
Building Regulations 2006Regulation 602(4) & 602(5)
PROTECTION WORK RESPONSE NOTICE
To
Owner or Agent of Owner ......
Postal Address ......
......
Relevant Building SurveyorNelson McDermott Pty Ltd
Postal addressPO Box 419, Hampton Park. VIC 3976
ContactLen Nelson / Arron McDermott
Phone1300 799 543
From
Adjoining Owner ......
Postal Address ......
......
Contact Person ...... Telephone ......
Address of the property where building work is to be carried out
Number......
Street / Road......
City / Suburb / Town......
Address of my adjoining property
Number......
Street / Road......
City / Suburb / Town......
Response
In accordance with Section 85 of the Building Act 1993, I hereby respond to the notice served on me by the owner under that section and -
(i)agree to the proposed protection work ( )
(ii)disagree with the propose protection work for the following reasons( )
(iii)request the following further information( )
Signature
Signature of adjoining owner or agent ......
Date ......
Note
The notice under Section 85 of the Building Act 1993 must be given to the owner or agent within 14 days of being served with a notice under Section 84 of the Act and in the case of (ii) or (iii) must also be given to the relevant building surveyor who must determine the matter under Section 87 of the Building Act 1993 (see regulations 602(4) and 602(5)).