Changes to Adjoining Property Protection legislation in Victoria

In Owner Builder Latest News by G G

Building Regulations 2018 has been implemented in June, which has changed the process of Protection Works requirements.

Following is an outline for Owner Builders to be aware prior to commencement and lodging of their Building Permit.

Main changes are that relevant adjoining property owners are to be supplied an ‘Approved Statement’ by the Owner Builder, this sets out the Process and requirements to be followed by the Owner Builder, adjoining Property Owner and Registered Building Surveyor.

Together with new and amended forms 6,7,8,9 relevant to the process.

The process is clearly set out in the ‘Approved Statement’ and the Owner Builders, Registered Building Surveyor should explain the process to the Owner Builder in detail.

As a refresher, to explain –

What is protection work?

Protection work provides protection to adjoining property from damage due to building work. It includes but is not limited to:

* Underpinning of adjoining property footings, including vertical support, lateral support, protection against variation in earth pressures, ground anchors, and other means of support for the adjoining property.

* Shoring up of the adjoining property.

* Overhead protection for adjoining property.

* Other work designed to maintain the stability of adjoining property from damage from building work.

How do you know if protection work is required?

When making an application for a building permit for the proposed building work, the applicant (the building owner or agent of owner) is required to provide detailed information about the building work to the relevant building surveyor. The relevant building surveyor will then determine if protection work is required.

It is up to the Registered Building Surveyor appointed by the Owner Builder to determine if Protection Works are required. If so, the process explained in the ‘Approved Statement’ Commences.

But don’t forget Insurance, this will be required to protect the Adjoining Property Owner from any potential damage caused by the works.

Note. A standard Owner Builder Construction and Public Liability Policy will not provide cover required.

But AOBIS can extend its policy to not only cover the Owner Builder for Material Damages (Fire, Theft, Storm, Water Flood, Vandalism) and Public Liability. But it also Insurance protection of the neighbours adjoining property.

Owner Builder Insurance is our speciality, so please contact us if you have any worries or concerns.

1300 850 131