To Adjoining owner: PROTECTION WORK NOTICE Form 3 Building Regulations 2006 Regulations 602(2), 602(3) Building Act 1993. Postal address:... Postcode:. Relevant building surveyor: Mr. Dean Giammarino Inline Building Surveyors Telephone: 9419 8599 Fax: 9419 8799 Postal address: Suite 7 250 Gore Street Fitzroy 3065 From- Owner/Agent of proposed project site Owner/agent: Postal address: Postcode:... Telephone: 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- Details of what is proposed to be built... Refer to Attached Documents: Property details where proposed works are being carried out Council:. Lot/s:. LP/PS:. Volume:. Folio:.. Crown allotment: Section:.. Parish:. Adjoining property details County: Council:. Lot/s:. LP/PS:. Volume:. Folio:.. Crown allotment: Section:.. Parish:. County: Details of proposed protection work and program Method of protection regarding adjoining property: To detail, site cuts, battering, barriers and other methodology.. Refer to Attached Plans and Documents :.. Location of Protection Works: Time and Duration of protection works: From Date:. To Date:. Times: Signature Signature of owner or agent Date: NOTE- Response Under section 85 of the Building Act 1993, the adjoining owner must respond to a notice under section 84 of that Act by giving to the owner within 14 days a notice under section 85 of that Act (a) Agreeing to the proposed protection work; or (b ) Disagreeing with the proposed protection work; or (c )Requiring more information Failure to respond will be taken as agreement to the proposed protection work. In the case of (b) and (c) above, a copy of the notice under section 85 of that Act must also be given to the relevant building surveyor (see Form 4).
THIS FORM TO BE COMPLETED BY ADJOINING PROPERTY OWNER TO THE PROPOSED PROJECT SITE. 3 COPIES ARE PROVIDED ONE FOR YOUR RECORD, ONE TO BE SENT AS RESPONSE TO PROJECT SITE OWNER AND ONE TO BUILDING SURVEYOR IF FURTHER INFORMATION IS REQUIRED OR YOU DISAGREE WITH PROTECTION WORKS. FORMS ARE TO BE RETURNED WITHIN 14 DAYS OF RECEIVING DOCUMENTS. PROTECTION WORK RESPONSE NOTICE Form 4 Building Regulations 2006 Regulations 602(2), 602(3) Building Act 1993 To Owner or Agent of Project Site:... Postal address:... Postcode:. Relevant building surveyor: Mr. Dean Giammarino Inline Building Surveyors Telephone: 9419 8599 Fax: 9419 8799 Postal address: Suite 7 250 Gore Street Fitzroy 3065 From- Adjoining Owner/Agent Adjoining Owner/agent:.. Postal address:. Postcode: Telephone: Contact person: Property details where proposed works are being carried out Council:. The property details of this Adjoining Property Council:. Response In accordance with Section 85 of the Building Act 1993, I hereby respond to the notice served on me by the owner of the project site in relation to the proposed protection works and a. Agree to the proposed protection work b. Disagree with the proposed protection work for the following reasons outlined below/ attached c. Request the following further information Attach response if required. Signature of adjoining owner [ or agent] Date:
Protection Work Guide Definition of Protection Work 1. Under the Building Act 1994 'Protection work' is defined as permanent or temporary work of: a. underpinning, including the provision of vertical support, lateral support, protection against variation in earth pressures, provision of ground anchors and other support for the adjoining property, b. shoring up excavated areas affecting adjoining property, c. overhead protection of adjoining property through the use of cranes and other equipment, d. other work designed to maintain the stability of adjoining property or to protect adjoining property from damage from building work, or e. any work or use of equipment necessary for the provision, maintenance and removal of work referred to above, whether or not the work or equipment is carried out or used on, over, under or in the air space above the land on which the building work is or is to be carried out or the adjoining property. Definition of Adjoining Owner 2. Adjoining property' is defined in the Building Act 1993, as land (including any street, highway, lane, footway, square, alley and right of way) which is so situated in relation to the site on which building work is to be carried out as to be at risk of significant damage from the building work. 3. This description may include adjoining existing buildings, driveways, fences, landscaped areas, established flora, easements or other investments upon an adjoining owner s property. Procedure 4. The Form 3 notice should be served on the adjoining owners whom are affected by proposed building work, along with a copy to the Building Surveyor with details of the proposed building work setting out the nature, location, time and duration of the protection works. 5. Accompanying the Form 3 notice there should be: a. Three copies of the document Form 4 response notice, b. Copy of architectural and other relevant plans, and c. Copy of relevant soil report, computations and any structural certifications. 6. The Form 3 along with relevant documents should be delivered in person with a signed record of service or by registered post to confirm a. Delivery and Receipt b. Commencement of appropriate response time frames to be accurate
Adjoining Owner Response 7. Adjoining owners have 14 days in which to respond. 8. When no response is given in the 14 day period the adjoining owner is deemed to have agreed to proposed Protection Works. 9. When an adjoining owner responds with a copy of the Form 4 detailing either: a. Disagreement with proposed Protection Work b. Request for further information Determination 10. The Building Surveyor shall determine the appropriateness of the protection work and formally advise both the owner and the adjoining owner. In making such a determination, the Building Surveyor, may ask the owner to give more information or may make any inquiries but is not required to give any person a hearing. 11. Any party may appeal against any determination of the Building Surveyor under Section 87(4) Building Act 1993 within 14 days of such determinations. No protection Works are to be carried out until such time as a determination is made by the Building Appeals Board when an Appeal to a Building Surveyors determination is made. Insurance Policy 12. Pursuant to section 93 of the Building Act 1993, prior to building works associated with Protection Works commence a contract of insurance against damage to the adjoining property or any liabilities likely to be incurred to adjoining occupiers or members of the public during (and for 12 months after) the carrying out of the building work is required. 13. The contract amount should be agreed to by the adjoining owners (or in the event of a dispute, as determined by the Building Appeals Board) and a copy given to the adjoining owners prior to commencing any protection work. 14. The contract of insurance must be renewed or extended as often as necessary during the carrying out of the building work and for 12 months after that work is completed. The owner must lodge a copy of a document evidencing the renewal or extension of the contract of insurance with the adjoining owners as soon as practicable after the renewal or extension. Survey of Existing Conditions 15. Pursuant to section 94 of the Building Act 1993, an existing conditions survey/record, should be jointly carried out, recorded and agreed to by the owner & the adjoining owner prior to the commencement of any works. It is suggested that the survey should be in the form of a jointly signed photographic record with notes/sketches, etc. It is noted that the survey/record is admissible in evidence in any proceedings relating to the adjoining property and is evidence of the condition of the adjoining property at the time the record was made. 16. Note the contract of insurance and existing conditions survey are outside the Building Surveyor s jurisdiction and any disputes need to be dealt with through the Building Appeals Board. 17. The owner or an agent of the owner may, pursuant to section 95 Building Act 1993, enter the adjoining property between 8 am & 6 pm to carry out the survey or approved protection work, with not less than 24 hours notice, (or such other notice that may be agreed to). In the course of carrying out any protection work an owner may without doing any unnecessary damage remove any furniture or fittings in the adjoining property which obstruct the carrying out of the work.
Possible payment of External Consultants 18. Pursuant to section 97 Building Act 1993, the owner must pay the adjoining owner all agreed (or in the absence of an agreement as determined by the Building Appeals Board), costs and expenses incurred by the adjoining owner in assessing proposed protection work or supervising the carrying out of the protection work. Completion of Protection Works 19. Where applicable the owner must, not later than 2 months after the completion of any protection work, provide the adjoining owner and Building Surveyor a complete set of plans, drawings and specifications showing the work actually carried out in respect of the adjoining property, pursuant to section 101 Building Act 1993. Two sets should be forwarded to the Building Surveyor to enable a copy of to be forwarded to the relevant Council. Notes Ownership details of the adjoining property owners may be available from: The Local Council or Through a Title search on www.land.vic.gov.au.