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PROTECTION WORKS

Why Did I Receive a Protection Works Notice from my Adjoining Owner?

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You received a Protection Works Notice because your adjoining neighbour is planning to carry out building works that could affect your property.  Under the Building Act 1993 and the Building Regulations 2018 (Victoria), they are legally required to notify and consult you before starting any works that may pose a risk to the safety, stability, or condition of your property.

 

This can include:

  • Excavation near your boundary

  • Foundation work

  • Building walls or structures close to your property

  • Major renovations or demolition; and

  • much more

 

The Protection Works Notice outlines what steps your neighbour plans to take to protect your property during their construction. You’ll have the chance to review the proposal, ask for more information, and either consent or raise concerns.

 

Need help reviewing the notice or understanding your rights and responsibilities? We’re here to guide you through the process.

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Protecting adjoining properties | Victorian Building Authority

 

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The Protection Works process is triggered when a building surveyor believes proposed building work may:

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  • Affect the structural integrity, safety, or use of an adjoining property

  • Involve excavation, underpinning, demolition, close boundary works, and much more.

 

Building Act 1993:

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  • Section 84 – Building Notices and Building Orders
    This gives the building surveyor power to ensure protection works are undertaken if needed.

  • Section 93 – Protection of Adjoining Property
    This section requires a building owner to protect adjoining properties from damage caused by their building work.

  • Section 94–95 – Protection Work Process
    These sections outline the requirement to give notice to the adjoining owner and the rights of the adjoining owner to consent or object.

  • Section 96–97 – Dispute Resolution & Condition Reports
    Covers what happens if the adjoining owner does not consent and details about documenting the condition of the adjoining property.


Building Regulations 2018:

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  • Regulation 111–119
    These regulations detail the Protection Works process, including:

    • What the notice must include (Reg. 111)

    • Timeframes for response (Reg. 112–113)

    • Procedures for disputes and condition reports

    • Responsibilities of the building owner

 

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