Protection Works
McFarlane and Partners offer structural and geotechnical engineering services for the assessment of Protection Works.
An owner who is proposing building work has obligations under the Building Act 1993 (the Act) to protect adjoining property from potential damage from their building work.
If your building work is close to or adjacent to adjoining property boundaries, then you may be required to carry out protection work relating to the adjoining property. This is to ensure that the adjoining property is not affected or damaged by your building work.
Adjoining property is considered to be land at risk of significant damage from building work and may include any street, highway, lane, footpath, square, alley and right of way.
Protection work provides protection to adjoining property from damage. Protection work may include:
- underpinning of 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 and overhead protection
- other work designed to maintain the stability of adjoining property from damage from building work.
Documents and Information Required
To allow an assessment of the proposed Protection Works we may require the following documents:
- Architectural Drawings
- Structural Drawings
- Form Notices, Certifications or Calculations
- Site feature survey
- Geotechnical Site Investigation Report.
If you feel that we would be able to assist you with your Protection Works matter please do not hesitate to email us at engineers@mcfarlane.com.au
Section 97 of the Victorian Building Act
Requires that the expenses be paid by the owner of the site where the works are proposed. In some circumstances compensation may also be payable. The relevant sections of the Building Act are reprinted below:
“97 Expenses of adjoining owner
(1) The owner must pay to the adjoining owner all costs and expenses necessarily incurred by the adjoining owner in assessing proposed protection work and in supervising the carrying out of protection work in respect of the adjoining property and–
(a) agreed between the adjoining owner and the owner; or
(b) in the absence of an agreement, determined by the Building Appeals Board under Part 10.
(2) The costs and expenses of an adjoining owner which are agreed or determined may be recovered in a court of competent jurisdiction as a debt due to the adjoining owner.
98 Compensation
An owner must compensate any adjoining owner or adjoining occupier for inconvenience, loss or damage suffered by the adjoining owner or adjoining occupier in connection with the carrying out of protection work under this Part.”
