Why protect adjoining property?
Building work can adversely affect adjoining properties. An owner who is proposing building work has obligations under the Building Act 1993 to protect adjoining property from potential damage from this work.
If building work is close to or adjacent to adjoining property boundaries, then an owner may be required to carry out protection works in respect of that adjoining property. This is to ensure that the adjoining property is not affected or damaged by the proposed 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 to the relevant building surveyor to determine whether protection work is necessary. The relevant building surveyor is the person appointed to issue the building permit.
The responsibility for determining whether protection work is required rests with the relevant building surveyor.
What obligations does a property owner have if protection work is required?
Owners are required to:
- Serve a Protection Work Notice on adjoining owner
- Obtain contract of insurance
- Prepare a survey of adjoining property
- Pay expenses incurred.
What obligations and rights does an adjoining owner have?
Their obligations and rights include the following:
- Respond to the Protection Work Notice within 14 days
- Agree or disagree to proposed protection work or request further information
- Assist property owner to prepare a survey of their property before work commences
- Seek reimbursement from the property owner for any reasonable expenses incurred while protecting their interests.
All questions on specific obligations and rights should be directed to the relevant building surveyor.
