What to do if neighbor is building next door

  If your neighbor is building next door, do not assume your property is automatically protected just because a formal process exists.

In Victoria, construction near adjoining properties is subject to a protection works process. This usually involves notices, engineering drawings, and proposed measures prepared as part of the building permit stage.

However, this process is not automatic protection. It only becomes effective if you actively review the information provided and respond where necessary.

If you do not question the documentation or seek independent advice, the construction will proceed based on the developer’s proposal. These proposals are typically prepared to suit their construction method, cost constraints, and timeline, not to independently protect your property.

When building works take place next door, there can be real risks to your property. These may include excavation near your footing, changes in soil conditions, drainage impacts, or inadequate retaining measures. In many cases, these risks are not fully addressed unless someone reviews the works specifically from the adjoining owner’s perspective.

If you rely only on what has been provided, you are effectively accepting the developer’s level of protection, not necessarily the level your property requires.

The protection works process gives you rights, but it is up to you to use them. The most effective way to protect your property is to have the proposed works reviewed by an independent engineer acting specifically for you.

  When your neighbor is building next door, there is a formal process in Victoria intended to manage the risks to adjoining properties. This process is generally triggered when construction works may impact nearby structures, such as excavation close to boundaries or works near existing footings.

As part of this process, the developer is expected to provide documentation outlining how your property will be protected during the construction works.

It is important to understand that you have the right to review this information and raise concerns if anything appears incomplete or unclear. You are not required to simply accept the documents provided.

This process is often more straightforward than it may seem. An independent engineer can review the proposed works on your behalf and assess whether the level of protection is appropriate for your property.

Where concerns are identified, they can be formally raised. In many situations, this results in changes or improvements to the proposed engineering before construction begins.

If the matter cannot be resolved, it may be referred to the Building Appeals Board for determination based on the technical documentation provided. This is typically a document based process, and in many cases, adjoining owners are not required to personally attend or argue the matter.

Where independent engineering evidence clearly identifies risks, the proposed construction approach is often reviewed and may need to be updated to properly address the potential impact on the adjoining property.

In many cases, the costs associated with this process, including independent engineering review, may be recoverable from the developer under the protection works framework.

Understanding how this process works allows you to make informed decisions. If no action is taken, the construction will generally proceed based on the developer’s original proposal.

For more detailed information about the protection works process, follow the link below.