protection works pack - building permits · pdf filestability of adjoining property or to...

NicholsonWright Pty Ltd 57 Cochranes Road Telephone 03 9555 9511 Building Surveyors & Inspectors Moorabbin Victoria 3189 Facsimile 03 9555 9422 ABN 49 072 393 741 Australia www.buildingpermits.com.au

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NicholsonWright

SERVING OF PROTECTION WORKS FORMS 3 & 4 When serving protection work notices (Forms 3 and 4) to the adjoining owner(s), it is important to serve them correctly, and provide all required documentation. If the process, as set out in the Building Act 1993, is not followed, the building surveyor may need the notices to be re-served to the adjoining neighbours, causing further delays waiting for a response from the adjoining owner(s). The list below is provided to help you serve the Forms 3 and 4 correctly. To avoid delays ensure that each box is ticked and submitted to Nicholson Wright with all required documents. CHECKLIST

Adjoining owners mailing address details obtained from Council. The owners may not live at the adjoining property.

Correct mailing address of the adjoining owner shown on the Forms 3 & 4.

All sections of the Form 3 are completed (eg description, addresses, nature, time, duration etc).

A copy of the working drawings, structural plans and soil report are provided to the adjoining owner with the Notices.

A copy of all served documents (eg Forms 3 and 4, plans and soil report) are provided to Nicholson Wright for our file.

Form 3 Notice has been signed and dated by the person serving the Notices.

Form 4 Response includes the address and phone number of the person who is serving the Notices. This form is to be signed only by the adjoining owners or their authorised agent.

Forms 3 and 4 are served together.

Registered mail receipt is obtained and provided to Nicholson Wright if the Forms have been served via mail.

If the Notices are served in person, you must confirm that the person is related to the adjoining owner and note the recipient’s name as well as the date and time that the documents were served.

Disclaimer This advisory note is intended for general information purposes only. No person should rely on the contents without first obtaining independent expert advice. Nicholson Wright Pty Ltd has issued this document on the terms and understanding that: 1. Nicholson Wright Pty Ltd is not responsible for the accuracy of the information contained herein. 2. Nicholson Wright Pty Ltd is not responsible for the results of any actions taken on the basis of any information neither in this publication nor for any error in or omission from this publication. 3. Nicholson Wright Pty Ltd expressly disclaims all and any liability and responsibility to any person in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance whether wholly or partially, upon the whole or any part of the contents of this publication.


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Advisory Notes for Protection of Adjoining Property Pursuant to Regulation 602 of the Building Interim Regulations 2017 and Part 7 of the Building Act 1993 (the Act) The information provided below is intended to assist the owner or builder with the serving of the Protection Work Notices (Forms 3 and 4) and does not cover all provisions relating to the protection work process under Part 7 of the Building Act 1993 (the Act). For more information, please see sections 84-101 (inclusive) of the Act and Practice Note 2006-20 prepared by the Victorian Building Authority. Why do I need to serve Protection Work Notices? Due to the nature and location of the proposed building works, you may need to take measures to protect the adjoining property from damage occurring during construction. What is an Adjoining Property? An adjoining property means land – not just a building - which is at risk of significant damage from the proposed building work due to its location near the building site. This means that structures such as a shed, garage, carport, retaining wall, garden bed, grass/soil, paving or a driveway may also need to be protected from being damaged. What is Protection Work? Protection work, whether permanent or temporary, includes underpinning, the provision of vertical support, lateral support, protection against variation in earth pressures, provision of ground anchors and other support for adjoining property. Shoring of excavations, overhead protection of adjoining property and any other work designed to maintain the stability of adjoining property or to protect property from damage from building works. NOTE: A blanket statement for the proposed protection works, e.g. “Construction of a Garage” or “Construction of a Swimming Pool”, will not be accepted, as this does not detail how the adjoining property is being protected. How do I serve the Protection Work Notices? Before you serve the Protection Work Notices (Forms 3 & 4), please confirm with the Building Surveyor which adjoining owners you need to serve the Notices to. You should make a copy of all Notices before you serve them as you must submit a copy of these documents to the Building Surveyor as well. Confirmation of service delivery is paramount, and should be considered from the outset. The adjoining owner has 14 days to respond to the Notices and therefore it is important to have strong evidence on when the Notices were served. Serving of the Protection Work Notices (Forms 3 and 4) on the adjoining owners may be done by one of the following ways:-

1. Delivery in person a. The Forms must be served on the owner of the adjoining property, not

handed over to the tenant. b. Record the date that you delivered the Notices on. c. Complete and submit proof of service by completing the attached Statutory

Declaration as evidence that the documents have been served and on what date.


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2. By registered mail a. The building surveyor can obtain the name and postal address details of

the adjoining owners from Council if required. You should ask for this information if you are not sure that the adjoining owners reside next door.

b. Send the documents via registered mail and submit a copy of the delivery confirmation paperwork from Australia Post.

3. By email If you have the email addresses of the adjoining owners, you can serve the Notices via email and provide a copy of the email to the Building Surveyor. Confirmation of receipt will be required from the adjoining owners.

Procedure for Serving Notices Protection Notices (Forms 3 & 4) should be served on the adjoining owner(s) in the following manner:- Step 1 Complete the Protection Work Notice (Form 3). We suggest the following matters be included:-

• Detail the location of the adjacent property affected by the proposed building work;

• Describe the extent of the proposed building work (e.g. new dwelling, dwelling alterations and additions, new apartments, factory etc);

• Describe the nature of the protection works. (e.g. list protection measures to be provided such as underpinning, overhead protection, temporary hoarding or shoring);

• Include relevant attachments to enable the proposal to be assessed – plans, structural details, computations, soil reports etc.

• State the programme for the protection work and give approximate commencement date and duration. You need to be specific about the start and finish dates for the protection work as opposed to the actual building work (e.g. protection work on party wall will commence 4 weeks after building work commencement and for duration of 4 weeks. Works are due to start on this date);

• Consider mentioning that a dilapidation report has been or will be carried out (ie. photos, written description of existing conditions, etc) and make reference to the builder holding adequate insurance under Section 93 of the Act;

Step 2 Include the following documents as part of the protection work package:-

• Completed Protection Work Notice (Form 3), listing all the relevant documents.

• A Protection Work Response Notice (Form 4) for the adjoining owner to respond with.

• Details of protection measures such as shoring to excavations, propping/bracing of walls, underpinning, hoarding plans, scaffolding details, catch fans, roof planking plans, etc.

• A set of structural drawings (showing bulk excavation, site retention, footings, etc), soil report, computations, architectural drawings (town planning drawings should suffice) and details of protection measure proposed;


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Step 3 (a) Send the package to each adjoining owner.

(b) Send a duplicate of the entire package to the Building Surveyor.

Step 4 The adjoining owners complete the Form 4 and send back a copy to you and the Building Surveyor. If the adjoining owners do not respond within 14 days, it will be deemed that they have consented to the protection work. Once the adjoining owners indicate they disagree or require further information, the 14 day period no longer applies.

Step 5 (a) If the adjoining owner completes the Form 4 agreeing to the

protection work, no determination on the matter is required by Building Surveyor.

(b) If the adjoining owner completes the Form 4 seeking more information or disagreeing with the protection work, the Building Surveyor needs to determine whether the response from the adjoining owner is justified. If the Building Surveyor determines that the proposed protection work is satisfactory, the adjoining owner is given 14 days to appeal the Building Surveyor’s decision to the Building Appeals Board before the decision takes effect.

Insurance Requirements for the Protection Work (Section 93 of the Act) Prior to the commencement of the protection work, the owner must ensure that insurance is in place to protect against damage to the adjoining property from the protection work and also liabilities arising out of the building work. The required period for this insurance is the period of the actual building work plus a period of 12 months after completion. The Building Surveyor plays no role in the administration of this provision.

There are two typical types of insurance. The application of each will very much depend on the size of the project. The two insurances are:-

(i) Domestic Building Insurance (ii) Contract Works Liability Insurance

Generally, the builder should already be carrying either of these forms of insurance. Where protection work is required, the building owner must ensure that:-

a) their name is specifically mentioned on the policy; b) the policy includes the 12 month extension beyond works completion. (This

provision is not a standard clause in these policies.); c) the policy is specifically endorsed to include protection of adjoining property

and Part 7 of the Act. (Many policies are not specific in relation to these matters.)

Survey of adjoining property (Section 94 of the Act) Before commencing any protection work, the owner and the adjoining owner or their agents, must make a full and adequate survey of the existing condition of the adjoining property. This can be in writing and should include all existing cracks and defects. The survey must be agreed to by both parties as an accurate depiction of the current condition of the adjoining property. The Building Surveyor plays no role in the administration of this provision. For further information on the protection work process, please contact Nicholson Wright Building Surveyors on 9555 9511.


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STATUTORY DECLARATION

SERVICE OF PROTECTION WORK NOTICES

To: Relevant Building Surveyor of Nicholson Wright Pty Ltd

I, (name of owner/agent) ……………………………………………………………………of

(address)………………………………………………………………………………………………… do solemnly and sincerely

declare that in accordance with Section 84 of the Building Act 1993 (“the Act”), I served

protection work notices (Forms 3 & 4) on all adjoining owner(s) at the following addresses (list

addresses below):

……………………………………………………………………………………………………………..

……………………………………………………………………………………………………………..

………………………………………………………………………………………………………..……

.…………………………………………………………………………………………………………....

.…………………………………………………………………………………………………………….

These documents were served by (insert how served) ……………………………………………........

on (insert date on which served).………….…………………………………………………………………..

A full copy of all documents and prescribed* details and information is attached to this

declaration.

Signature: _____________________________________ Date: _________________

Print Name: __________________________________________

* Prescribed details and information means the relevant details set out in Form 3 and any other information set out in Form 3.

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