If you are currently building, your building surveyor may require you to serve a “Protection Work Notice” on one or more of your neighbours. A building surveyor does this by issuing a Form 6 determination to you. A building surveyor can make this determination at any time, but usually does so at the time that you apply for a building permit. Once the determination is made, the Building Surveyor must provide you with a Form 6 within 7 days (Regulation 111).
A protection work notice (Form 7) is a legal document. Serving it has legal consequences, and getting it wrong can cause significant delays, or disputes with your neighbours.
Your builder will usually assist you to prepare the Form 7. Some builders have experienced staff members to assist you – however some do not, and it can be left to the owner to grapple with the legal and technical requirements.
In addittion, it is important to understand that under the Building Act, the consequences of the protection work process (which can involve for example having to pay expenses or compensation to a neighbour) automatically fall on the owner serving the notice (and not their builder).
An owner who has been required to serve a protection work notice should always get legal advice before preparing and serving anything on a neighbouring property owner.
Francke Lawyers are experienced advisers in this area and are able to assist you.