Work affecting other land

The Building Act 2011, sections 76 & 77 deals with work affecting other land, where consent is required.

There are two circumstances which will require the affected landowners’ consent prior to a building permit being granted by the City. Determination of these circumstances will be based on the documentation that is provided with the application for building approval.

• Encroachment

This is where an application for a building permit indicates that the proposed building or incidental structure will encroach onto adjoining land. This also applies to an existing encroachment onto adjoining land that is included in an application for a building approval certificate or occupancy permit associated with unauthorised works. In this circumstance, the consent of the adjoining owner/s will be required prior to granting the building approval certificate or occupancy permit.

• Adversely affecting an adjoining property

This includes;

(a)     reduce the stability or bearing capacity of the land or a building or structure on
the land; or

(b)     damage, or reduce the structural adequacy of, a building or structure on the
land; or

(c)     the changing of the natural site drainage in a way that reduces the effectiveness
of the drainage of the land or existing or future buildings or structures on the
land;

If it is found that building work will adversely affect during construction, building work must cease and consent from the affected landowners’ be obtained.

There are other circumstances that may require the affected landowners’ consent; however this consent is not required as part of a building approval process.

• Protection structures
• Party walls, diving fences and boundary retaining walls.
• Removal of fences or gates.
• Access to adjoining land

Please refer to the following information link to the Department of Energy, Mines, Industry Regulation & Safety (DEMIRS)