When planning construction work near a shared boundary, it’s not just your project that you need to consider. Any work you carry out can disrupt neighbouring properties if not managed correctly. If these disruptions become more serious and impactful, protections must be put in place. So, what is adjoining property protection and why is it so important?
In Victoria and Tasmania, it is defined as a legal requirement that protects neighbouring properties from any potential damage caused by building works. If you’re carrying out work such as digging, demolishing, or extending, it ensures risks are properly managed and documented from the beginning.
If you’re building in a built-up area, chances are this process isn’t just smart, it’s required under the Building Act 1993 (VIC).
The Importance of Adjoining Property Protection
Adjoining property protection will identify any risks early to prevent damage where possible. Not only this, but it provides clear documentation if anything goes wrong and is a key step in keeping on top of neighbour disputes. When you work close to another property, your activities can unintentionally affect:
- Building foundations
- Boundary or retaining walls
- Shared fences or driveways
- Underground pipes or cables
- Utility services
What’s Actually Involved?
To properly answer “what is adjoining property protection”, we’ll need to look at a breakdown of how the process works:
- Dilapidation Report: A registered building surveyor inspects and records the current condition of any adjoining properties. This gives a solid record of what was there before work begins.
- Legal Notifications: As the property owner or builder, it’s up to you to notify your neighbour with: Form 7 (notice of proposed protection works), Form 8 (their agreement or objection), and Form 9 (a determination by the surveyor if there’s no agreement).
- Carrying Out Protection Works: Might include temporary supports for shared walls, water/weather protection, ground movement monitoring, and protective hoarding or fencing. This is dependent on your project.
- Post-Construction Inspection: Once the job is complete the surveyor may inspect again to check for damage, helping to resolve any issues quickly and fairly.
Will You Be Covered By Your Insurance?
Adjoining property protection itself isn’t a type of insurance, it directly supports your:
- Contract Works Insurance
- Public Liability Insurance
If a neighbour’s property is damaged during your construction works, these policies may respond. Having the right documentation in place helps speed up the claims process or defend your position if needed.
Also, protection doesn’t end the day construction comes to a close. Coverage may extend up to 12 months post-completion, so you’re still protected if issues show up later.
Who’s Responsible?
Responsibility falls at the feet of the person or business carrying out the building works. It’s up to them to hire a registered building surveyor, pay for reports and protection measures, and complete all legal forms and notifications. Skipping this step might lead to disputes, costly claims, or even non-compliance penalties under state regulations.
Need Help with the Insurance Side?
At CGIB, we specialise in smart insurance solutions for builders, tradies, and property owners. We call on over 30 years of experience and we’ll always help to match you with the right level of cover, without paying for extras you don’t need.
Talk to a broker who understands construction risk. Let’s get your next build protected from foundations to finish.
