Form 3

Building Act 1993

BUILDING REGULATIONS 2006

Regulation 602(2), 602(3)

PROTECTION WORK NOTICE

The Building Surveyor has determined that the 'adjoining property' needs protection during the proposed
building works. This notice is to be served on the owner of the 'adjoining property' and the Building
Surveyor.

To
Adjoining owner:
Postal address:
Relevant Building Surveyor:

?????????
??????????

Postal address:

Telephone: 9421 3211

Level 1, 1 Green Street, Richmond, 3121

From
Owner/Agent:
Postal address:

??????????
??????????

Reddo

Pty

Ltd

Telephone:

In accordance with Section 84 of the Building Act 1993, I give notice of my intention to carry out
building work on my land and request your agreement to the proposed protection work.
Property details
Address:
Municipal District:
Adjoining property details
Address:
Municipal District:
Protection work and program

To construct the proposed basement and erect new boundary walls our Building Surveyors, Reddo Pty Ltd,
have determined these protection notices need serving. It is proposed construct the basement and ground
floor slab before erecting precast concrete panel walls along the boundary as described on architectural
drawings ____________________ and structural drawings _______________________ enclosed, a copy of the soil
report and survey is also enclosed for your reference.
To minimise impact on your building's footings a series of bored piles with ground anchors and pile caps
(ground beams) have been designed along the boundary. The bored piles then pile caps (ground beams)
will be constructed prior to the ground floor slab as shown on the structural drawings. Sections
_____________________________ on structural drawing _______________________________________ best indicates
sections through the boundary and your buildings existing footings. Structural drawing _____________ also
outlines the proposed basement construction sequence in steps, (see the ______________ corner of the
drawing).
Above ground floor slab level, concrete panels will be craned into position from the construction site side as
shown on structural drawings _________________, elevation ______________ on structural drawing
_________________ shows the concrete panels adjacent to your boundary. Overhead precautions to assist in
safeguarding your roof from tools or minor debris will be _______________________________ . Where the
boundary wall works do not adjion your existing building temporary fencing needs to be erected inside your
land to secure the work site and your land as well as safeguard footing excavations. This temporary fencing
is indicated on site plan ____________. Concrete panels will remain attached to the crane until fully secured
into position as required by Worksafe. It is intended to start construction __________________________ with
boundary wall works completed within _______ months.

Signature of Owner (or agent):

Note:

Date:

Under Section 85 of the Act, the adjoining Owner must respond to this notice by completing Form
4 within 14 days by:
(i)
agreeing to the proposed protection work;
(ii)
disagreeing with the proposed protection work; or
(iii)
requiring more information.
Failure to respond will be taken as agreement to the proposed protection work.
In the case of (ii) or (iii) above, a copy of the notice under section 85 of than Act must also be
given to the relevant Building Surveyor (see Form 4).

Form 4

Building Act 1993

BUILDING REGULATIONS 2006

Regulation 602(4), 602(5)

PROTECTION WORK RESPONSE NOTICE

To
Owner (of work site):
Postal address:
Building Surveyor:
Postal address:

Telephone:
Reddo Pty Ltd
Level 1, 1 Green Street, Richmond, 3121

From
Adjoining owner:
Postal address:

Telephone: 9421 3211

Telephone:

Address of property where building work is to be carried out

Address:
Municipal District:
Address of my adjoining property
Address:
Municipal District:
Response
In accordance with Section 85 of the Building Act 1993, I hereby respond to the Form 3 notice
served on me in relation to proposed works and
(i)

agree to the proposed protection work.

(ii)

disagree with the proposed protection work for the following reasons:

(iii) request the following further information:

Signature of adjoining owner (or agent):

Note:

Date:

This form must be served on the owner (or agent) within 14 days and in the case of (ii) or (iii) must
also be served on the Building Surveyor who shall determine the matter under Section 87 of the
Act.

'Protection Work' information

1.

'Protection work' is defined in the Building Act 1993 as temporary or permanent work of:
underpinning, including the provision of vertical support, lateral support, protection against
variation in earth pressures, provision of ground anchors and other support for the adjoining
property,
shoring up of adjoining property,
overhead protection of adjoining property,
other work designed to maintain the stability of adjoining property or to protect adjoining property
from damage from building work, or
any work or use of equipment necessary for the provision, maintenance and removal of work
referred to above, whether or not the work or equipment is carried out or used on, over, under or
in the air space above the land on which the building work is or is to be carried out or the adjoining
property. A common situation is site cuts/footing excavations, retaining walls or other building
work near property boundaries.

2.

The form 3 notice should be served on the adjoining owners and the Building Surveyor with details of
the proposed building work setting out the nature, location, time and duration of the protection works.
Accompanying the form 3 notice there should be:
a form 4 response notice,
copy of relevant plans, and
copy of relevant soil report, computations and any structural certifications.

3.

Ownership details of the adjoining property owners may be available from the Local Council,
alternatively perform a title search on www.land.vic.gov.au.

4.

Adjoining property' is defined in the Building Act 1993, as land (including any street, highway, lane,
footway, square, alley and right of way) which is so situated in relation to the site on which building
work is to be carried out as to be at risk of significant damage from the building work. Therefore this
may include existing ground, paths/driveways, buildings, fences, garden areas, trees, sewers/storm
water drains and other improvements on an adjoining property.

5.

It is suggested that a Form 3 is served by delivery in person with signed record of service or by
registered post (delivery confirmation) so that service can be evidenced (forward a copy of any receipts
to the Building Surveyor).

6.

Notwithstanding the above, and pursuant to the provisions of Section 87(4) Building Act 1993, if the
adjoining owner does not agree (i.e. responds on the Form 4 'disagreeing' or 'requesting further
information'), the Building Surveyor shall determine the appropriateness of the protection work and
formally advise both the owner and the adjoining owner. In making such a determination, the Building
Surveyor, may ask the owner to give more information or may make any inquiries but is not required to
give any person a hearing.

7.

Any party may appeal against any determination of the Building Surveyor under Section 87(4) Building
Act 1993 within 14 days of such determinations. Any appeal lodged with the Building Appeals Board
stays the effect of any determination.

8.

It is suggested that the adjoining owner or owner advise the Building Surveyor in writing as soon as
possible if it is proposed to appeal the determination, so that protection work does not commence.

9.

Pursuant to section 93 of the Building Act 1993, before works relating to the protection works
commence a contract of insurance against damage to the adjoining property or any liabilities likely to
be incurred to adjoining occupiers or members of the public during (and for 12 months after) the
carrying out of the building work is needed. The contract amount should be agreed to by the adjoining
owners (or in the event of a dispute, as determined by the Building Appeals Board) and a copy given to
the adjoining owners prior to commencing any protection work. The contract of insurance must be
renewed or extended as often as necessary during the carrying out of the building work and for 12
months after that work is completed. The owner must lodge a copy of a document evidencing the
renewal or extension of the contract of insurance with the adjoining owners as soon as practicable after
the renewal or extension.

10. Pursuant to section 94 of the Building Act 1993, an existing conditions survey/record, should be jointly
carried out, recorded and agreed to by the owner & the adjoining owner prior to the commencement of
any works. It is suggested that the survey should be in the form of a jointly signed photographic record
with notes/sketches, etc. It is noted that the survey/record is admissible in evidence in any
proceedings relating to the adjoining property and is evidence of the condition of the adjoining property
at the time the record was made.
11. If desired a copy of the contract of insurance and existing conditions survey can be forwarded to the
Building Surveyor as a matter of record. However, please note that these issues are outside the
Building surveyors jurisdiction and any disputes need to be dealt with through the Building Appeals
Board.

12. The owner or an agent of the owner may, pursuant to section 95 Building Act 1993, enter the adjoining
property between 8 am & 6 pm to carry out the survey or approved protection work, with not less than
24 hours notice, (or such other notice that may be agreed to). In the course of carrying out any
protection work an owner may without doing any unnecessary damage remove any furniture or fittings
in the adjoining property which obstruct the carrying out of the work.
13. Pursuant to section 97 Building Act 1993, the owner must pay the adjoining owner all agreed (or in the
absence of an agreement as determined by the Building Appeals Board), costs and expenses incurred
by the adjoining owner in assessing proposed protection work or supervising the carrying out of the
protection work.
14. Where applicable the owner must, not later than 2 months after the completion of any protection work,
provide the adjoining owner and Building Surveyor a complete set of plans, drawings and specifications
showing the work actually carried out in respect of the adjoining property, pursuant to section 101
Building Act 1993. Two sets should be forwarded to the Building Surveyor to enable a copy of to be
forwarded to the relevant Council.
15. Ensure the forms 3 & 4 are accurately completed & served otherwise the process may need to be
repeated.