The importance of a Protection Work Notice
If your neighbour is developing their land or renovating their property, they may give you a protection work notice. The name "protection notice" itself may give you comfort and lead you to believe that your neighbour is going out of their way to protect your home from any potential damage. While this may be true, the protection notice is required in order for your neighbour to obtain their building permit. The fact is, a protection work notice will only be given to you if the surveyor approving the building works believes there is a real risk to your property. So, it's really important to consider the information in the protection work notice very carefully.
A protection work notice should be on a "Form 7", but we have seen clients receive nothing but an email with the heading "Protection Work Notice". In any case, the protection work notice will most likely contain the following:
- Reference to section 84 of the Building Works Act 1993 (Protection Notice)
- Details of the proposed building work
- Details of the proposed measures to protect your property, including the nature, location, time and duration of the protection measures
- other information, such as building plans.
It is also important to note that once you are served with a protection work notice, you have 14 days to respond. If you do not, your consent will automatically be given to the proposed works, and you will have no right of refusal. This means you have provided consent for people to potentially access your land and carry out the protection works without objection.
If you receive an informal email from your neighbour, no matter how comforting it might be, it does not suffice as a formal protection work notice. The notice should be on a Form 7 which detail the proposed work, costs to you or your neighbour and any provisions to rectify damage should it occur. You then respond formally, via a Form 8, advising whether or not you consent, or require further information.
Having the condition of your property well-documented before your neighbour's work is carried out ensures there are no arguments about the condition of your property after the works are completed. This is referred to as a dilapidation report.
For construction or renovation to proceed, a contract of insurance for the works is required by your neighbour. It is advisable that you view the policy to ensure it is valid for a minimum period of 12 months following completion of works.
Neighbourly relations are important and the last thing you probably want is to make your neighbour's life difficult. Likewise, you certainly don't want to be inconvenienced or have your property damaged. The best way to avoid disputes and confrontations is to ensure that things are done 'by the book' using the correct processes.
For further information and assistance, please get in touch.
