The protection work approved statement from the Victorian Building Authority. 38 0 obj <>/Filter/FlateDecode/ID[<9596DBA26BEDAEED97442FFDAF1413A8><22FF08D5E95FE44E84DAC2C2ECEF3DD5>]/Index[17 34]/Info 16 0 R/Length 95/Prev 90100/Root 18 0 R/Size 51/Type/XRef/W[1 2 1]>>stream The protection work response notice for the adjoining owner to complete (Form 8). Serve 1 copy of a properly completed and signed Form 3 ‘Protection Works Notice’ and 3 copies of a Form 4 ‘Protection Works Response Notice’ on the affected adjoining owner Notwithstanding this, disputes regarding protection works often arise when:Adjoining owners disagree with protection works orders; orThere has been damage to the relevant property but the relevant building surveyor has not issued a protection works order. Urban Lawyers provides legal counsel and representation to individuals, construction professionals, law firms and other entities. 50 0 obj <>stream
Chris has been a construction, property and commercial lawyer since 1998. Protection works are works which must be carried out in order to protect an adjoining property from damage. h�bbd``b`:$�� ���ʀ��l=��@�a "�A��p�AD wk+H�0�X)@©����a���H���7� {� 9 Urban Lawyers will be in touch within the next working day.
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Building on the boundary adjoining any neighbours buildings. PROTECTION WORK NOTICE Postcode Postcode Contact person Telephone From Owner/agent Postal address Postcode Contact person Telephone 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. Examples of protection works include, but are not limited to: Underpinning of adjoining property footings; Erecting retaining walls where works have been carried out; Overhead protection for adjoining property; and. The building owner must ensure that upon the consent or approval of the protection works, that insurance is obtained pursuant to section 93 of the Building Act. We deliver a range of legal services including advocacy, arbitration, contract law, debt recovery, dispute resolution, Chris practises as a lawyer and barrister in both Australia and formerly the United Arab Emirates. A decision of the Building Appeals Board may be appealed to the Supreme Court of Victoria, however potential applicants should note that this process may be costly and lengthy. The adjoining owner must not prohibit or restrict access to their land insofar as entry is necessary to allow the building owner to undertake the protection works.The adjoining owner must obtain a dilapidation report prior to the protection works commencement pursuant to section 95 of the Building Act, at their own cost. PROTECTION WORKS NOTICES (Building Act Section 87 – 101) SUMMARY OF BUILDING ACT REQUIREMENTS AND PROCESS FOR SERVING OF NOTICES 1. If they do not respond within this timeframe, they are deemed to have consented to the protection works.If the adjoining owner agrees or is deemed to have agreed to the proposed protection works, the building owner may proceed to carry out the works after obtaining any necessary permits or approvals.If the adjoining owner responds within 14 days, disputing the works in the notice, the matter is then referred to the relevant building surveyor who must then consider the works and make a determination pursuant to section 87 of the Building Act.No works may be commenced without the consent of the adjoining owner pursuant to section 88 of the Building Act. h��n�0�_��-�LgK�I�C6�9[�p53�ā��ۏ��,=o��Ek��E��G9*�C��� *M@+0N�����tB)�� �Ѡ�$u�S�B8 Once consent has been obtained, the building owner gains a right of entry into the adjoining property for the purpose of undertaking the protection works. endstream endobj 18 0 obj <> endobj 19 0 obj <> endobj 20 0 obj <>stream We offer private practice and in-house legal services. endstream endobj startxref Three (3) copies of the Form 4. Building owners should note that a standard Construction and Public Liability policy will not normally provide the minimum cover required.Protection works must not be commenced until insurance has been obtained, and the following cover provided for:All works for a period of 12 months after its completion; If there is a dispute, the Building Appeals Board will determine the matter; andEnsure all instances regarding potential loss and damages are listed in the policy.A key aim of the protection works and protection works notices scheme is to avoid long complaints processes or litigation. If protection works are ordered by the relevant building surveyor, the building owner must carry out the protection works as required by Regulation 602 of the There is also an obligation under section 92 of the Building Act requiring the relevant building surveyor to provide any plans, drawings or specifications for the proposed building works to the adjoining owner upon request.If protection works are required, a notice detailing the proposed works must be served on both the relevant building surveyor and the adjoining owner pursuant to section 84 of the Building Act. Architectural site plan showing the relationship of the proposed protection works to the
0 If your matter is urgent, please telephone Chris Moshidis directly on 0419 216 130. Chris is a trained advocate having spent three years practising as a Barrister and can appear for clients in all courts and tribunals.
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