Protection of Adjoining Property: Protection Works Required Under S93 of The Building Act

May 2010

Why protect adjoining property?

An owner who is proposing building work has obligations under the Building Act (VIC) 1993 to protect adjoining property from potential damage from this work.

If the proposed building work is close to or adjacent to adjoining property boundaries, then the 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.

Who determines if protection work is required?

When the owner or the builder, as agent of the owner, makes application for a building permit for the proposed works they are required to provide detailed information to the building surveyor (the issuer of the permit) to determine whether protection work is necessary.

If protection work is necessary, a contract of insurance must be in place to cover damage by the proposed protection work to the adjoining property and against any liabilities likely to be incurred to adjoining occupiers and members of the public during the carrying out of the building work and for a period of 12 months from completion of the works.

A certificate of insurance complying with the requirements of section 93 of the Building Act (VIC) 1993 must be provided to the owner of the adjoining property prior to commencement of the protection work.

The Contract Works and Public Liability policy that BRIC provides can be endorsed to comply with the Building Act requirements and provided the works being undertaken by the builder are within the previously approved limits we can issue an endorsement confirming cover at no additional premium.



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