We explain how to meet your legal obligations under the Building Act 1993 and keep your neighbour safe while your building project progresses.

We are Underpinning Melbourne — Structural Preservation Specialists. We prioritise safety, structural integrity and VBA‑compliant certification. Our team offers clear, engineering-led advice so you can act with confidence.

Part 7 of the Act sets out when adjoining-site measures are required and how the Relevant Building Surveyor decides. We simplify notice steps, timing and insurance so you know what to expect.

Call Chris: 1300 970 930 or Email Chris: chris@underpinning-melbourne.com.au. For a quick cost check, see our underpinning cost calculator.

Key Takeaways

We guide you through notice periods, Forms 6–8 and RBS determinations.
Learn who pays, what insurance is needed and when entry is allowed.
Our engineers handle condition surveys and agreed measures.
We use council‑compliant methods and provide fixed‑price quotes.
Phone or email us for a free, no‑obligation structural assessment.

Understanding protection works adjoining property victoria

This section clarifies when nearby land is at real risk from your building activity and what engineering options address that risk.

What “adjoining property” means under the Building Act 1993:

The Act defines adjoining property broadly. It covers any land, streets, lanes, footpaths and rights of way that may be at risk of significant damage from your building work. That definition exists to prevent avoidable structural harm.

Examples of common measures

Underpinning adjoining footings to keep foundations stable.
Erecting retaining walls where excavation could cause movement.
Installing overhead gantries to shield facades and footpaths.

These methods can be temporary or permanent. We design solutions to suit Melbourne soil and groundwater. Our engineers pick options that limit movement and protect nearby facades and footings.

We document conditions before any intrusive activity with a dilapidation report. This separates pre‑existing damage from changes caused by proposed works.

Ask which option suits your site. Call Chris: 1300 970 930 or Email Chris: chris@underpinning-melbourne.com.au.

When protection works are required and who decides

When your plan includes excavation or work close to a neighbour, a relevant building surveyor will assess the risk and decide if formal measures are needed. This review happens at the permit stage and forms part of the building permit check.

Common triggers include deep excavations, boundary walls, underpinning and any need to enter nearby land for access. The relevant building surveyor inspects the permit documentation and flags triggers early.

The relevant building surveyor reviews plans during the permit stage.
They decide if protection works are necessary to shield nearby structures.
Access over a fence or into a laneway usually activates the regime.

By law, the owner must serve a protection works notice if measures are needed. The adjoining owner has 14 days to reply in writing. If they do not reply, consent is deemed agreed proposed and the project can proceed.

If the neighbour objects, the relevant building surveyor makes a determination under the Building Act 1993. We prepare clear engineering reports and drawings to speed that decision and reduce dispute risk.

Trigger	Who decides	Typical outcome
Deep excavation near a boundary	Relevant building surveyor	Issue notice; require engineering design
Underpinning adjacent footings	Relevant building surveyor	Serve protection works notice; neighbour reply 14 days
Access onto neighbouring land	Relevant building surveyor	Consent required or RBS determination
Boundary wall alterations	Relevant building surveyor	Clarify scope; engineer detail requested

How to follow the Protection Works Notice process step by step

Follow a simple sequence of forms and surveys to reduce delay and avoid disputes. We make the process clear and manage the documentation for you.

Serving notices: Form 6, Form 7 and the 14‑day response (Form 8)

Serve Form 6 to introduce why protection is required. Then serve Form 7 with owner details, proposed building works, proposed protection works and supporting drawings.

The adjoining owner must reply on Form 8 within 14 days. They can agree, disagree or ask for more information. If more detail is requested, provide revised documents promptly and transparently.

Providing detailed information: scope, location, timing, access needs

Provide detailed information that shows scope, timing and how long you will be on the neighbour’s land. Include sequencing and access windows so the surveyor and owners know what to expect.

Include drawings, methods and proposed protection works.
Specify access hours and sequencing for the proposed works.
Record who will attend and expected duration on site.

Dilapidation report prior to works: documenting existing conditions (s94)

Complete a joint s94 dilapidation report before any building work. We perform a condition survey with the adjoining owner and keep a signed photographic record.

This shared record separates pre‑existing damage from changes during the project.

Access rights and obligations: 24‑hour notice windows and permitted entry (s95)

Give at least 24 hours’ notice before entering the neighbour’s land. Entry is allowed between 8 a.m. and 6 p.m. and should avoid unnecessary disturbance.

We draft Forms 6 and 7, coordinate the dilapidation report and manage neighbour liaison. Call Chris: 1300 970 930 or Email Chris: chris@underpinning-melbourne.com.au. For technical context see our restumping vs underpinning guide.

Insurance, costs and responsibilities under the Building Act 1993 (Vic)

A written insurance contract and transparent cost plan reduce risk and help secure permits quickly.

Protection works insurance (s93) must indemnify against damage to the neighbour’s asset. The policy should extend for 12 months after completion. A 2014 Supreme Court principle confirms the adjoining owner may recover under that contract even if not named.

Share certificates before mobilisation. Provide the insurer’s certificate to the neighbour and the surveyor so everyone is clear on cover and limits.

Who pays and reasonable compensation (s98)

The owner is liable to reimburse the adjoining owner for loss, inconvenience and reasonable expert fees. Keep receipts and correspondence to support any claim under s98.

Obtain cover beyond public liability.
Confirm 12‑month post‑completion indemnity.
Budget for expert reports and supervision costs.

Certification and RBS scrutiny — we prepare VBA‑compliant certificates and respond quickly to the surveyor’s queries. Our engineers stand behind the design and sequencing of proposed protection measures.

Call Chris: 1300 970 930 or Email Chris. Learn more at Underpinning Melbourne.

Disagreements, determinations and appeals

Disputes over a protection works notice can halt a project, but there is a defined path to resolve them. We act as your technical guide and manage the process calmly.

When the adjoining owner disagrees, the relevant building surveyor reviews your submission and may make a determination under section 87 of the Building Act 1993.

RBS determination and deemed agreement

The surveyor assesses evidence and can require more information. If no objection is lodged under section 85, consent can be deemed.

Provide requested engineering addenda quickly.
Keep the site accessible for inspections and extra surveys.
Record communications and keep expert reports ready.

Escalation to the Building Appeals Board

If either party remains unsatisfied, either may appeal to the Building Appeals Board under section 141. Building must pause while an appeal is active.

The appeals board can rule on insurance scope, survey adequacy and supervision costs. We prepare concise evidence packs and represent technical matters to reduce delay and de‑escalate neighbour tensions.

For clear next steps and calm liaison, call Chris: 1300 970 930 or Email Chris.

Conclusion

Get the right engineering, documentation and liaison from the start to avoid costly interruptions.

Follow the notice and survey process under the Building Act 1993. Work with a registered building surveyor and an experienced team to keep your building program on track.

We prepare the dilapidation report, arrange insurance and draft notices for the adjoining owner. This limits delay and clarifies who is responsible for proposed works and any resulting claims.

If a dispute occurs, seek an RBS determination or appeal to the Building Appeals Board promptly. We manage evidence, communicate with the surveyor and minimise disruption for you.

Book a free structural assessment and get a fixed‑price quote. Call Chris: 1300 970 930 or Email Chris: chris@underpinning-melbourne.com.au.

FAQ

What does “adjoining property” mean under the Building Act 1993?

Under the Building Act 1993, an adjoining owner is the owner of land next to the site where construction or excavation will occur. The term covers freehold neighbours, strata lots and lots separated by a road if works could cause damage. We recommend confirming titles and boundaries with a registered surveyor before starting work.

What are common examples of protective measures such as underpinning or retaining walls?

Typical protective measures include underpinning footings, temporary shoring, retaining walls and overhead screens to prevent debris fall. Engineers design these solutions to address soil type, depth of excavation and load transfer. Designs must meet Building Regulations and be certified by a registered building surveyor.

When are protective measures required and who decides if they are necessary?

Protective measures are required when works risk causing significant damage to adjacent land or structures. Triggers include excavations near boundaries, demolition, or access that affects a neighbour’s land. A registered building surveyor assesses the risk and either the parties agree or the surveyor makes a determination under the Act.

Can we start building if the adjoining owner does not agree?

No. You cannot proceed without either the adjoining owner’s written agreement or a determination by the relevant building surveyor. If agreement cannot be reached, the surveyor may make a decision after providing opportunity to respond. Proceeding prematurely risks enforcement action and liability for damage.

What forms must be used to notify an adjoining owner about proposed protection work?

The standard process uses prescribed forms: Form 6 or Form 7 to serve notice of proposed measures and a Form 8 response period of 14 days. Notices must include sufficient detail so the neighbour can assess the proposal and respond within the statutory timeframe.

What detailed information must we include in a protection notice?

Notices should state the scope of work, precise location, start and finish dates, contact details, proposed access requirements and the name of the responsible building surveyor. Include engineering drawings, method statements and the anticipated risks so the neighbour can give informed consent.

Is a dilapidation report required before works begin?

A dilapidation report is commonly required and often a condition of an agreement or determination. The report documents existing damage and condition of adjacent structures. It protects both parties and provides a baseline for any later claims for repair or compensation.

What access rights do we have to enter neighbouring land to carry out required measures?

Access rights are tightly regulated. Notices must specify access needs and reasonable windows, often with a 24‑hour notice for entry. The adjoining owner can negotiate reasonable conditions; if parties cannot agree, the building surveyor may impose terms. Always follow the Act and any imposed conditions.

What insurance is needed beyond standard public liability?

The Act requires specific insurance for high‑risk protection activities. This often includes construction insurance that covers damage to neighbouring structures and injury related to the protective measures. Insurers and the registered building surveyor can confirm the level and type of cover required.

Who pays for the protective measures and associated costs?

The owner carrying out the work normally pays for required measures and reasonably incurred costs by the neighbouring owner, including damage and inconvenience. The Act allows recovery of reasonable expenses. We recommend documenting cost estimates and agreements in writing.

What certification and documentation does the relevant building surveyor require?

The surveyor requires compliant engineering drawings, method statements, insurance certificates, dilapidation reports and any statutory notices. Certification that works meet Building Regulations is needed before and after the measures are installed. Keep copies for your records and for any future resale.

What happens if the adjoining owner disagrees with the proposed measures?

If the neighbour disagrees, the matter can proceed to determination by the registered building surveyor under the Act. In some cases, the proposal is deemed agreed if the owner does not respond within the statutory period. If dissatisfied, either party may seek review or appeal via the Building Appeals Board.

How do escalation and appeal pathways work if there is a dispute?

Initial determinations are made by the registered building surveyor. If a party disagrees with that determination, they may lodge an appeal with the Building Appeals Board. Further legal remedies may be available through VCAT or the courts, depending on the issue raised.

How can we reduce the risk of disputes with neighbours?

Communicate early and provide clear, technical information. Share engineered drawings, insurance details and a dilapidation report. Offer reasonable access arrangements and compensation for demonstrated inconvenience. Engaging an experienced building consultant helps ensure compliance and reduces friction.

Where can we get expert advice and help with compliance?

Contact a registered building surveyor, a structural engineer with local Melbourne experience, or a qualified construction solicitor. For immediate assistance, call our team: 1300 970 930 or email us: chris@underpinning-melbourne.com.au. We provide assessment, documentation and liaison with neighbours and regulators.