澳洲 Protection Works Notice

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O.P.

Hi all,

We are after some advice regarding some constructions occurring next to our town house. The builder have just provided (in-person) us with a Protection Works notice yesterday (due to building works close to our boundary line) for us to sign (endorse) – yup, just before Christmas.

As we are not builders or engineers, we have two queries:

1. Can someone recommend a professional to review the notice? I know we can have this cost recoup from the developer.
2. How to deal with a response (Form 8) relative to the time frame and possible request for a professional review?

The works notice was dated last Friday (6 days ago). We understand that we need to respond within 14-days and the relevant building surveyor has the ultimate say – apart from taking this to the Victorian Building Authority.

So taken into account a possible professional review and the Christmas break, seems a bit unfair.

Any help is much appreciated.

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have a read
https://www.vba.vic.gov.au/consumers/home-renovation-essentials/protecting-adjoining-properties

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this post was edited

Have they supplied information as to why the protection order is needed in what manner it may affect you.

There is also an obligation under section 92 of the Building Act requiring the relevant building surveyor to provide any plans, drawings or specifications for the proposed building works to the adjoining owner upon request.

If you have not bern told/supplied why it may impact you I wouldn’t sign it. Otherwise you are proverbially signing a blank check

Do not consent until you know what you are consenting to. The late time frame is a typical developers trick rush before Christmas, you are concentrating on other things and of course the delay in notifying you “with out informing g why “

Again don’t sign until you know or reject it in their 14 days time frame or until they provide information you need. Do it quickly as non reply is deemed as approval !

https://www.urbanlawyers.com.au/blog/2019/6/20/what-are-protection-works-and-what-is-involved-in-a-protection-works-notice

Edit. Also a protection notice agreement allows the developer unfettered access on your property to perform any protection works. If you don’t know what they are going to do I just wouldn’t sign it.

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O.P.

Thanks for the response all. Plans and reasoning (because they are building close to our boundary wall and required by the RBS) have been provided.

But I guess, its not knowing if their proposed protections works is adequate?

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vOOdsy writes...

But I guess, its not knowing if their proposed protections works is adequate?

One suggestion would be to reject the application and request more information. That way you have responded. If you don't respond within 14 days, it's an automatic acceptance. Rejecting and/or requesting additional detail restarts the clock and puts the ball back into their court. Also, the 14 day period should start when you are served, not when it's dated.

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Donnie Darko writes...

One suggestion would be to reject the application and request more information. That way you have responded.

Absolutely sounds the correct action. What works close the boundary? A retaining? A wall?

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vOOdsy writes...

But I guess, its not knowing if their proposed protections works is adequate?

Thats where you need to hire your own building surveyor get a quote from them.
get them to agree to the quote.
get your surveyor to approve the work or get it modified.
have the work supervised/inspected
if they need to enter your property agree on a fee per hour and suitable times.
The law is on your side just respond in a timely manner, & have everything in writing.

read the documentation in the supplied links.

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I have just had the same thing happen (although I wasn’t home today to receive the registered post so I haven’t officially got the protection works notice yet).

I contacted a law firm that deals with this and they said it’s a common tactic of developers to send this out over the Christmas period to get it pushed through without any comeback.

I have contacted a bunch of structural engineering companies a so want someone independent to review the PWN (and as you point out under the Building Act the developer has to pay my costs in this). However *everyone* is closed over the Xmas period so there is no way to respond in the 14 days (which includes multiple public holidays).

I have ended up contacting the building surveyor for the development as they are who responds to the Form 8 you send back. She was very reasonable and said put “request further information” due to Xmas closure period and she will be fine with this as she agrees I should be entitled to get my own independent review.

I knew the dodgy stuff would start happening with the development and them sending out the PWN right before Christmas is probably just the start. You have to know the ins and outs of legislation etc to know your rights and even then the system is geared to favour developers or those with deep pockets. For the average person there are so many ways to get screwed over.

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O.P.

Thanks for the sage advice everyone.

The builder wants a response by tomorrow (2 days after receiving the notice...yeah). And the fact that they close for two weeks over the Christmas and New years break.

As time is short, I'll contact the building surveyor first thing tomorrow and inform them that we need more time to seek and independent reviewer via the Form 8.

How does one go about recouping cost from builder from enlisting an independent reviewer?

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vOOdsy writes...

As time is short, I'll contact the building surveyor first thing tomorrow and inform them that we need more time to seek and independent reviewer via the Form 8.

I'd send an email confirming the contents of your call so there is a record.

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this post was edited

Send a reply that you only just received the PWN without details of actual work to be performed or impact to you and property and thus reject the PWN

State you are open to negotiation as long as the developer supplies more details (request details of works) and are engaging appropriate professional assistance in protection of your rights.

Also state you are extremely concerned that the developer has given you such a short time frame at a time with most business (legal, council and surveying) closed and are trying to pressure you to agree

Thus given these circumstances you can only reject the PWN due to to above

Ensure you email, fax, phone and letter this to them use all methods as you don’t want them to claim you have not replied. Even a courier letter 24hrs.

I have no idea how to recoup costs council may know. But yes a few of us picked it that time frame is a dodgy rort Remember once planning permits have been lodged and approved developers use this to make changes to the development designs as changes to developments are much easier to get passed once the development is approved.

Meaning they can completely change the development design once the initial approved Like changing from 4 to 6 units or making them double story or building with zero set back

Developers are really dodgy and here they started with the typical Christmas dodgy time frame. I’d be watching them like a hawk and checking their council plans etc

Do it today and go to council get copies of their development application ask council of PWN send rejection today ASAP. You might be able to give council the PWN rejection

Edit. There is so much you need to know so start at the vic consumers site. Go visit the site this is your first step Also troll the net but font wait to reject it I’d also inspect the developers insurance for this development is approved

The contract for insurance must cover an amount agreed between the owner and adjoining owner. A copy of the insurance policy must be provided to the adjoining owner before building work starts.

https://www.vba.vic.gov.au/consumers/home-renovation-essentials/protecting-adjoining-properties

https://www.ddbdesign.com.au/faq/2018/05/what-is-a-protection-works-agreement

If you are developing property or have been served with a Protection Work Notice, it is prudent to obtain comprehensive technical and legal advice

https://kingslawyers.com.au/protection-work-notices-what-are-they/

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O.P.this post was edited

Fantastic appreciate the advice.

Tried calling the RBS to inform them about the PWS and our concern...they are closed for the Christmas break. Just lovely.

I will still send an email of the PWN to the RBS, at least its dated

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vOOdsy writes...

I will still send an email of the PWN to the RBS, at least its dated

Aldo a registered letter. Shifty developers have a habit of not receiving correspondence. Deliberately

Also there are some specific forms to fill out. See linky here Thru mention a form 8 and how to reply. They recommend express registered post and or by person. As std post emails etc can be disputed. This is a mine field. I’d recommend a solicitor

https://www.swpartners.com.au/forms/PWN%20Information%20Package.pdf

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