29 April 2009
Government planning policies to increase housing densities combined with the trend to maximise land space during renovations and new building has the potential to increase boundary disputes with Australian home owners, renovators and neighbours,
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David
Hallett, General Manager of Archicentre, the building advisory service
of the Australian Institute of Architects said, in a recent case a house
actually fell into the block next door during excavations and in Sydney
a restaurant collapsed into an excavation next door in the city. "One of the most dangerous times is when deep excavations are taking place on the boundary in city and suburban areas and there is heavy rain which can change soil conditions quickly. "Climate change projected weather forecasts are that we will get less days of rain, however the rainfall will be more severe which can change the situation on a major boundary excavation very quickly. "A major slip can cause financial disaster for both the owner of the property being renovated or built and the neighbour as it usually ends in a major costly legal dispute involving all parties. "The current economic climate may also create a major problem when after these deep excavations are created the developer may delay the project because of financial stress." Mr Hallett said an owner who is proposing building work has obligations to protect the adjoining property from potential damage from their work. Archicentre is increasingly being called in to undertake status reports on neighbouring properties. "A status report carried out professionally on neighbouring houses records all existing defects to allow the tracking of any new damage which may occur during the construction period." The Archicentre status report records the condition of the home photographically combined with an extensive written report and provides protection for all parties concerned - the builder, the owner and the neighbour. "If building work is close to or adjacent to adjoining property boundaries, then an owner may be required to carry out protection work in respect of that adjoining property. Some protection work includes extensive propping of fences and walls with pylons and large support beams where the excavation is on the boundary. |
"Especially in heritage areas where buildings are very old there can be some discrepancies in boundary alignments and it is important to establish the legal boundary before proceeding to avoid dispute."
Mr Hallett said in many renovations a second storey is being added to single storey dwellings and neighbours need to be protected from the dangers arising from work on or above the property boundary such as falling bricks and scaffold.
"Expensive legal and construction complications can arise if during the construction a neighbouring house has its foundations damaged or cracks appear."
Archicentre
also recommends ongoing communication with the neighbours over any issues which
may arise over the building process.
Media Enquiries:
David Hallett,
General Manager Archicentre (03) 9819 4577 Mobile: 0439 439 115
Ron Smith Corporate Media Communications Archicentre (03) 9818 5700 Mobile:
0417 329 201