Protecting neighbouring properties

If you are intending to carry out building works, you have an obligation under the Building Act to protect any adjoining/neighbouring properties from potential damage. Protection works may be required if the building work is close to neighbouring property.

If protection works are required, you must:

  • notify affected neighbours by serving a Protection Work Notice, prepared by your building surveyor
  • get appropriate insurance
  • prepare a survey of adjoining properties
  • pay expenses incurred.

What rights and obligations do you have as an adjoining owner?

  • You must respond to the Protection Work Notice within 14 days.
  • The response can be requesting further information or agreeing/disagreeing with the proposed work.
  • Help the owner prepare the survey before work commences.
  • Seek reimbursement from the property owner for any reasonable expenses incurred.

Council owned land or assets

To protect yourself from incurring any costs relating to repair or replacement of damaged council assets, such as footpaths and curbs, it is recommended you take photos as proof of any existing damage that may be in place before works began. Further information can be obtained from Council's Infrastructure Department.