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Protection Work Notices for Neighbouring Properties

A protection work notice is required prior to the issue of a building permit and when you are carrying out building work that may affect any adjoining property.

The person or agent doing the building work needs to:

Step 1: Complete a Protection Work Notice (Form 3)
A Protection Work Notice (Form 3) is completed by the owner or agent of the property who is doing the building work. The completed form should accurately describe the work that will be undertaken and the proposed protection including:

  • Copies of plans
  • Details of proposed building works
  • Details of proposed protections
  • Survey of adjoining properties
  • Summary of any existing cracks or defects in adjoining property agreed by both parties

Step 2: Deliver the Protection Work Notice (Form 3) and Protection Work Response Notice (Form 4)
The completed form, blank Form 4 and additional information sheet need to be given to the adjoining property owner who may be affected by the work and to the relevant building surveyor.

If you do not know how to contact the owner you can apply to find out these details from Council by lodging a request for this information on a ‘Property Owner Details for the Purpose of Providing a Protection Work Notice’ form.

Step 3: Insurance
Before commencing any work the person or agent doing the work must provide insurance cover for a liability amount agreed to by both parties. The contract of insurance must be renewed or extended as often as may be necessary during the carrying out of the building work and for 12 months after that work is completed.

Step 4: The person or agent doing the work must lodge the contract of insurance with the adjoining owner before the commencement of the protection work.

The affected neighbours need to:

If you agree with what is proposed:
Step 1: Complete the Protection Work Response Notice (Form 4)
Step 2: Return the form to the person/agent whose details appear on the Protection Work Notice (Form 3) within 14 days of receiving the notice, and to the relevant building surveyor.

If you don’t respond:
Failure to respond to a Protection Work Notice (Form 3) within 14 days will be taken as agreement to the proposal.

If you disagree or want more information:
Step 1: Complete the Protection Work Response Notice (Form 4) within 14 days of being given the notice, specifying :

  • The reasons why the protection work is not acceptable
  • Any proposed alternative conditions
  • Any requests for more information

Step 2: Return the form to the person or agent whose details appear on the Protection Work Notice (Form3) and to the relevant building surveyor.

Step 3: The building survey will ultimately decide if the work can proceed and under what conditions. An appeal to the Building Authority against the building surveyor’s decision may be possible.

For more information contact:
Building Services
9688 0200
email@maribyrnong.vic.gov.au

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