Green Start Consulting

Hello, Happy New Year!!, Gong Xi Fa Cai!! and Happy Australia Day!!! everyone, from your local Building Surveyor. The Building Commission have just put out a new Industry Bulletin regarding when you need to obtain consent from you neighbours before accessing their land while doing building work.


The bulletin is available on the following link:IB034 Obtaining consent from neighbours before accessing their land


Here are the parts of the Building Act of 2011 that give more details and exceptions to the rules:


76.No encroachment without consent, court order or other authority
(1)A person responsible for work must ensure that no part of a building or an incidental structure is placed beyond the boundaries of the works land —
(a)unless each owner of the land into, onto, or over which the encroaching part is placed consents to the encroaching part being so placed and the encroaching part is placed in accordance with the consent; or
(b)unless the encroaching part is placed in accordance with an order under section 86(2)(a); or
(c)unless the encroachment is prescribed as a minor encroachment; or
(d)unless the encroachment is into, onto, or over Crown land and the encroachment is authorised under the Land Administration Act 1997; or
(e)except in prescribed circumstances.


77.Other land not to be adversely affected without consent, court order or other authority
A person responsible for work must ensure that the work does not adversely affect land beyond the boundaries of the works land —
(a)unless each owner of the land that may be adversely affected consents to the work being done even though the land may be adversely affected in that way, and the work is done in accordance with the consent; or
(b)unless the work is done in accordance with an order under section 86(2)(b); or
(c)except in prescribed circumstances.


78.No protection structure in or on other land without consent, court order or other authority
(1)A person responsible for work must ensure that a temporary or permanent protection structure is not placed beyond the boundaries of the works land —
(a)unless each owner of the land into or onto which the protection structure is placed consents to the protection structure being so placed and the protection structure is placed in accordance with the consent; or
(b)unless the protection structure is placed in accordance with an order under section 86(2)(c) or a building order; or
(c)unless the protection structure is required as a matter of urgency to prevent imminent collapse of, or damage to, any land including a building or structure on the land; or
(d)except in prescribed circumstances.
(2)A person responsible for work must ensure that, as soon as practicable after the placement of a temporary or permanent protection structure under subsection (1)(c), notice of the placement and the reason for it is given to each owner of the land into or onto which the protection structure is placed.
(3)A person responsible for work must ensure that, as soon as practicable after the placement of a permanent protection structure under subsection (1)(c), notice of the placement and the reason for it is given to the permit authority for the protection structure.


79.Certain work not to affect party walls etc. without consent, court order or other authority
1)A person responsible for work must ensure that the work does not affect the structural, waterproofing, or noise insulation capacity of a party wall, a substantial dividing fence, or a boundary retaining wall that protects land beyond the boundaries of the works land —
(a)unless each owner of the land that shares the party wall or the dividing fence, or that is protected by the boundary retaining wall, consents to the work being done, and the work is done in accordance with the consent; or
(b)unless the work is done in accordance with an order under section 86(2)(d); or
(c)unless the work is required as a matter of urgency to prevent imminent collapse of, or damage to, the wall or fence; or
(d)except in prescribed circumstances.
(2)A person responsible for work must ensure that, as soon as practicable after the completion of work mentioned in subsection (1)(c), notice of the work and the reason for it is given to —
(a)each owner of the land that shares the party wall or the dividing fence, or that is protected by the boundary retaining wall; and
(b)the permit authority for the wall or fence, if the work is building work of a kind for which a building permit is required.
(3)This section does not affect the application of the Dividing Fences Act 1961 to and in relation to the repair of a substantial dividing fence.


80.Fences etc. not to be removed without consent, court order or other authority
(1)A person responsible for work must ensure that no fence, gate or other barrier to land on or beyond the boundaries of the works land is removed —
(a)unless each owner of the land that shares, or on which is located, the fence, gate or other barrier consents to the removal; or
(b)unless the removal is in accordance with an order under section 86(2)(g); or
(c)unless the removal is required as a matter of urgency to prevent imminent collapse of, or damage to, any land including a building or structure on the land; or
(d)unless each of the following applies —
(i)the removal is required for the construction of a close wall;
(ii)a building permit for the close wall is in effect;
(iii)the person responsible for the work has given at least 7 business days’ notice of the proposed removal to —
(I)each owner of the land mentioned in paragraph (a); and
(II)at least one adult occupier of the land, if the land is not occupied by any of its owners; or
(e)unless the land that shares, or on which is located, the fence, gate or other barrier is vacant land, or any building on that land is vacant; or
(f)except in prescribed circumstances.
(2A)In subsection (1)(d) —
close wall means a wall, fence, post or column, whether free‑standing or attached to, or forming part of, a building or structure, that is so close to a boundary of the land on which the wall or fence is located that it is not reasonably practicable to build a separate dividing fence along the boundary.
(2)A person responsible for work must ensure that, as soon as practicable after the removal under subsection (1)(c) of a fence, gate or barrier, notice of the removal and the reason for it is given to —
(a)each owner of the land that shares, or on which is located, the fence, gate or other barrier; and
(b)the permit authority for the fence, gate or other barrier, if the work is demolition work of a kind for which a demolition permit is required.
(3)A person responsible for work that requires the removal of a fence, gate or other barrier to land on or beyond the boundaries of the works land must ensure that —
(a)if necessary, a temporary barrier is erected; and
(b)the temporary barrier is adequate and suitable having regard to the use of the other land.


81.No access to other land without consent or court order, and notification, or other authority
(1)In this section —
occupier, of land, includes any person who appears to have the control or management of the land;
other land means land beyond the boundaries of works land and includes, in relation to work that comprises placing a protection structure into or onto land other than the land on which the main work is done or is to be done, that other land.
(2)A person responsible for work must ensure that in doing the work or conducting a survey in relation to that work a person does not go onto other land —
(a)unless the access is consented to by an owner or adult occupier of the land and the access is in accordance with the consent; or
(b)unless the access is in accordance with an order under section 86(2)(e) or (f); or
(c)unless as a matter of urgency it is necessary to go onto the land to prevent imminent collapse of, or damage to, any land including a building or structure on the land; or
(d)unless the other land is vacant land, or any building on that land is vacant; or
(e)except in prescribed circumstances.
(3)A person responsible for work must ensure that, as soon as practicable after a person goes onto other land under subsection (2)(c), notice of the access and the reason for it is given to each owner of the other land.
(4)A person responsible for work must ensure that —
(a)each owner of the other land; and
(b)at least one adult occupier of the other land, if the other land is not occupied by any of its owners,
is given reasonable notice of each 24 hour period during which the land is intended to be accessed by consent or under an order under section 86(2)(e) or (f).
(5)A person responsible for work must ensure that in doing the work or conducting a survey in relation to that work a person does not go onto other land that may be accessed by consent or under an order under section 86(2)(e) or (f) unless —
(a)the access is at the times consented to by an owner or adult occupier of the land; or
(b)the access is at the times specified in an order under section 86(2)(e) or (f); or
(c)if neither paragraph (a) or (b) applies, the access is during the hours of 8.00 a.m. and 6.00 p.m..
(6)A person who is entitled to go onto land under an order under section 86(2)(e) or (f) but who is obstructed or otherwise prevented from going onto the land must not go onto the land unless the person does so in accordance with the directions of a police officer in enforcing the order.
(7)A person who is entitled to go onto land under an order under section 86(2)(e) or (f) may remove furniture and fittings that would otherwise impede the work or the survey.
(8)Nothing in subsection (2)(d), or a regulation prescribing a matter for the purposes of subsection (2)(e), affects the exercise and enforcement of any right that a person has to stop, restrict or prevent a person going on to the other land.


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Author Green Start Consulting - Building Surveyor