We continue to receive complaints from adjoining property owners regarding sites when a relevant building surveyor (RBS) has determined protection work is not necessary, despite excavations on or near a boundary placing the adjoining land at risk of significant damage.
In most cases, these excavations occur within the 'zone of influence', as detailed within the NCC 2022 Building Code of Australia (BCA) Volume 2 Part 3.2. In some instances, this has resulted in undermined footings, damage to property and soil instability at the adjoining property.
An adjoining property is defined by the Building Act 1993 as land, including any street, highway, lane, footway, square, alley and right of way, which may be at risk of significant damage from building work being carried out in close proximity.
Requirements under Building Regulations 2018
Building surveyors are specifically reminded of the requirements of Building Regulation 112 (d), (e) & (f) (amongst other matters).
112 Matters relevant building surveyor must consider when determining if protection work required
For the purposes of making a determination under regulation 111, the relevant building surveyor must have regard to—
- (d) any excavation required as part of the proposed building work; and
- (e) any proposed building work in relation to party walls and retaining walls; and
- (f) the nature and likely extent of any damage or other adverse effect on the stability or otherwise of an adjoining property that may be caused by the proposed building work.
When design changes are proposed
If substantial design changes are proposed to occur through the protection work notice process, the RBS should carefully consider the impact. Outcomes may include withdrawing and restarting the protection work notice process, providing additional information to affected parties and, in rare circumstances, protection work may no longer be necessary.
When protection work is no longer necessary
When an RBS determines that protection work is no longer necessary, it is expected they will communicate this decision and their reasoning to all affected parties.
We are aware of cases where the RBS has not communicated changes to adjoining owners. This has led to allegations of Section 88, 93 & 94 offences against the owner of the property, along with allegations of breaches of the Code of Conduct and Regulation 265 against the RBS.
Learn more
Please refer to Practice Note Protection Work PW 02 | Protection work process
