When Do You Need a Protection Works Notice in Melbourne
How to you know if you need to issue a Protection Works Notice?
The decision on when and if a Protection Works Notice (PWN) is required is made by the appointed Building Surveyor. If you are instructing building works that require a building permit you have a legal responsibility to appoint a building surveyor. Indeed, until the required PWN process is undertaken, a building permit cannot be issued.
What is a PWN?
The Building Regulations 2006 require that protection is afforded to your neighbour’s property. A PWN is issued by a property owner, advising a neighbouring property owner of the proposed works. The PWN must include detailed information on how the recipient’s building will receive the benefit of protection.
Who Pays for a PWN?
The owner instructing the works pays for costs associated with issuing the PWN. If the neighbour seeks legal or technical advice over the works proposed by the PWN this cost is met by the owner issuing the PWN.
What do you do after you issue the PWN?
You do not commence works and wait until one of the following three alternatives occurs: -
- You hear nothing after 14 days - If there is no response during this period you can assume that your proposals are agreed and you can continue with your project.
- Your neighbours agree with your proposals – as No 1
- Your neighbours disagree with your proposal as set out in the PWN and provide reasons, seek further details or information – the Act is invoked and professionals representing both parties engage to seek a resolution.
If the Act is invoked the building surveyor must evaluate the submitted PWN to determine if the proposed works are appropriate. After issuing a Notice of Determination to the neighbour, they have a period of 14 days to appeal. All appeals against the determination are to the Building Appeals Board (BAB).
What happens in the ‘real world’?
An owner employs a builder or construction consultant to design the works. As part of the process of gaining a permit they also instruct a building surveyor. The building team will discuss what ‘party wall’ or neighbouring protection works are required and they will formulate a proposal. They will run this proposal past the building surveyor for his comments and these are fed into the proposed design and the PWN. If the Act is invoked the building team will communicate with the recipients and/or their consultants and the parties will almost invariably settle on a joint approved proposal. Taking the option of appealing to the BAB is rare as it usually suits all parties to amenably reach agreement.
How best to proceed?
The building owners who are carrying out the proposed works want matters to proceed efficiently. Neighbours do not want to be disturbed or disrupted as they continue with their business. Fitzpatrick’s understand these different perspectives and look to assist the building owner by designing and implementing the works so that all proceeds smoothly.
If you are intending to carry out commercial building works in Melbourne then give us a call.
Fitzpatrick’s are well versed in all PWN matters and are happy to discuss your proposals.
