PROTECTION WORK
RESPONSE NOTICE
BUILDING ACT 1993
BUILDING REGULATIONS 2006
Regulations 602(4), 602(5)
Form 4
TO:
Owner:
Postal Address:
TO:
Municipal Building Surveyor
PO Box 104, Geelong 3220
Postal Address:
Application No.
FROM:
Adjoining Owner:
Postal Address:
Contact Person:
Post Code:
Phone:
ADDRESS OF PROPERTY WHERE BUILDING WORK IS TO BE CARRIED OUT:
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 (a)
 agree to the proposed protection work
(b)
 disagree with the proposed protection work for the following reasons:
(c)
 request the following further information:
SIGNATURE OF OWNER OR AGENT* :
Date:
NOTE:
The notice under Section 85 of the Building Act 1993 must be given to the owner or agent within 14
days of being served with a notice under Section 84 of that Act and in the case of (b) or (c) must also
be given to the Municipal Building Surveyor who must determine the matter under Section 87 of the
Building Act 1993.
* Pursuant to Section 248 of the Building Act 1993, a person must not act on behalf of an owner of a building or
land for the purpose of making any application, appeal or referral under this Act or the regulations unless the
person is authorised in writing by the owner to do so. Penalty: 120 penalty units
See over for an explanation of the Protection Works process
BP-G010
UPDATED 23 OCTOBER 2015
General Information for the manner in which
Protection Work Notices – Forms 3 & 4 are to be served
Form 3
1. The owner of the property proposing building works is to complete the Form 3.
2. The Form 3 is to detail the proposed building works associated with the protection works, the
method and procedure for the protection work to be undertaken, the duration of works/protection
works being carried out. These details can be attached to the Form 3 if insufficient space is
provided on the form itself.
3. Copies of the relevant documents/plans for the proposed building/protection works are to be
attached with the Form 3. This may consist of site investigation report/soil report, existing footing
probes and details, site plan depicting the location of buildings, retaining walls, site cut/fill etc and
construction/structural plans for the relevant works.
4. A Form 4 (Response to Form 3 - Protection Work Notice) is to be attached. The owner of the
property proposing building works is to only fill in his/her name and mailing address in the first box
and the name and address of the municipal building surveyor in the second box, on the Form 4.
5. One of the most important aspects of serving the Form 3 & 4 is being able to provide proof of
receipt, by the adjoining property owner. Consequently, it is strongly recommended that the
above forms and documentation be sent via registered mail to the adjoining property owner,
making sure you obtain and keep the ‘Registered Post - Customer Receipt’ and finally the
‘Delivery Confirmation - Advice Receipt’.
6. A copy of all that is sent to the adjoining property must also be given to the municipal building
surveyor.
Form 4
1. The Form 4 is completed by the adjoining property owner giving them the opportunity to agree or
disagree with the proposed protection works, or request further information pertaining to the
protection works.
2. The adjoining owner has only 14 calendar days to respond - i.e. return the Form 4. Should a
response not be received within this time they are deemed to have consented to the proposed
protection works. Evidence that the adjoining owner has received the Notices, including the date
they received the notices, must be provided to the municipal building surveyor. Hence, the
importance of providing proof of receipt or ‘Delivery Confirmation - Advice Receipt’ as indicated
above. In this case, the municipal building surveyor makes a determination on the suitability of
the proposed protection/building works.
3. Upon receipt of the Form 4, a copy is to be provided to the municipal building surveyor.
4. Should the adjoining property owner request further information pertaining to the protection works
then this is to be supplied by the owner of the land proposing the building works.
5. Should the adjoining property owner ‘disagree’ with the proposed protection works, then the
municipal building surveyor makes a determination on the suitability of the protection/building
works proposed.
BP-G010
UPDATED 23 OCTOBER 2015