Protection Work Notice (Overhead Protection)

Date ____________________________
Name (adjoining owner)
__________________________________________
Address
__________________________________________
Dear Sir / Madam (adjoining owner)
Protection Work and Work Program at _______________________________________
(site address)
You may be aware that construction of a ______________________________ will soon be underway at the
above property. As part of these works program, we need to provide your property with some level of
protection.
For that reason, in accordance with Part 7 of the Building Act 1993, please find enclosed a ‘Protection Work
Notice’ (Form 3) and a copy of a ‘Protection Work Response Notice’ (Form 4) for the above works.
Before we begin construction we will take a number of digital photographs of your house to help us detect any
damage caused by our works. These will be kept on file so if any damage occurs we will be able to ascertain
who is responsible.
Please note that we will repair any damages caused by the construction of the new works.
Construction is scheduled to start in ___________________ and should be completed by ______________.
Whether you agree, disagree or require further information about our protection work, you need to fill
the Form 4, indicating your response, then sign & date the form and return it to our office and to
Michael Shaw at Red Textas Building Surveyors (428a New Street, Brighton 3186) within 14 days.
We hope you agree with our protection work and look forward to receiving a Form 4 from you shortly.
Yours faithfully,
Signature:
_________________________
Name:
_________________________ (Owner / Builder / Agent)
Addendum to Form 3 Protection Work Notice
To be served on adjoining owners
RE: (property address) ………………………………………………………….
Date: ...........................................................
OVERHEAD PROTECTION (as follows):
Before the commencement of the proposed building construction process, we would like to carry out the
protection works on your property.
We intend to carry out the following protection works to ensure your property is retained in its original
condition.
1. The builder is to provide secure fencing between both properties at all times, throughout the construction
period
2. The builder to provide plastic sheeting and sheet ply board 1500mm nom; wide over adjoining residence's
roofing structure and garden area ensuring a clean and tidy site throughout the building process.
3. Builder is to ensure the adjoining gutters are kept clean and free of debris throughout the building
construction period.
4. Provide protection throughout the construction process to the adjoining residence's structure and property.
5. Depth of adjoining footings to be determined on site before commencing any building works, all new
building works (i.e. footings) are not to undermine the adjoining footings.
Note:
Pursuant to Building Act requirements, a copy of Builders "Protection" Insurance (per S93) and
Dilapidation Survey (photos) (per S94) will be submitted prior to commencement of work.
Form 3
Protection Work Notice
Building Act 1993, Building Regulation 2006, Regulation 602(c), 602 (3)
To: (Adjoining Owner):
Name: …………………………………………….
Address: …………………………………………….
Phone: …………………………………………….
Email: …………………………………………….
Relevant Building Surveyor:
Michael Shaw / Red Textas Consulting Building Surveyors
428a New Street, Brighton 3186
mike@redtextas.com.au
From: (Owner / Agent):
Person serving the
protection work notice
Name: …………………………………………….
Address: …………………………………………….
Phone: …………………………………………….
Email: …………………………………………….
In accordance with Section 84 of the Building Act 1993, I give notice of my intention to carry out building work and request
your agreement to the proposed protection work.
Property details
(Building Work Site)
Address
Adjoining property
(Neighbour’s Site)
Address
Location of the protection work
Date and time to carry out the protection work (if known):
Duration that the protection works will remain (if known):
Nature of the proposed protection work
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Information accompanying this protection work notice (tick box where applicable):
 Architectural / design plans
 Engineering plans, certification
 Soil report
 Engineering reports
 Photographs
 Survey plans
 Town planning permit
 Others (Please specify):
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
Signature of person serving
Form 3 & 4 protection work notices:
Date of serving the protection work notices:
Methods of serving protection work notices (Please indicate by completing the following section and keep copy of all mail receipts or
acceptance advice).
 By hand
 Registered mail
 Email
 Mail
 Fax
 Other methods
……………………………………………………………………………………………………………
Note:
1.
2.
3.
4.
5.
Under section 85 of the Building Act 1993, the adjoining owner must respond to a notice under section 84 of that Act by giving to
the owner within 14 days of notice under section 85 of that Act:(i) agreeing to the proposed protection work; or
(ii) disagreeing with the proposed protection work; or
(iii) requiring more information.
Failure to respond will be taken as agreement to the proposed protection works.
In case of (ii) and (iii) above, a copy of the notice under section 85 of that Act must also be given to the relevant building surveyor
(see Form 4).
Advisory notes for protection of adjoining property and procedure for serving notices are available at www.redtextas.com.au
Pursuant to Section 93 & 94 of the Building Act, the building owner must obtain protection work insurance and carry out
appropriate survey of the adjoining property prior to commencement of work.
Form 4
Protection Work Response Notice
Building Act 1993, Building Regulation 2006, Regulation 602(c), 602 (3)
To: (Owner / Agent):
(Contact person, phone number,
Postal address and postcode)
Michael Shaw / Red Textas Consulting Building Surveyors
428a New Street, Brighton 3186
Relevant Building Surveyor:
From: (Adjoining owner):
(Contact person, phone number,
Postal address and postcode)
Address building work site
Address of my adjoining property:
Response
In accordance with Section 85 of the Building Act 1993, I hereby respond to the notice served on me by the owner under that section
and: (please tick appropriate box)
(Please tick box)
(i) Agree to the proposed protection work.

(ii) Disagree with the proposed protection work for the following reasons:

__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
(iii) I request further information:

__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
Signature of adjoining owner or agent: …………………………………………………Date:……………………………………………………...
Note:
Under section 85 of the Building Act 1993, the adjoining owner must respond to a notice under section 84 of that Act by giving to the
owner within 14 days of notice under section 85 of that Act:(i)
(ii)
(iii)
agreeing to the proposed protection work; or
disagreeing with the proposed protection work; or
requiring more information
Failure to respond will be taken as agreement to the proposed protection works.
In case of (ii) and (iii) above, a copy of the notice under section 85 of that Act must also be given to the relevant building
surveyor (see Form 4).