Find out what work affecting other land is, how long you have to give consent to the work, and what legal action is available.
What is 'work affecting other land'?
Construction work invariably creates inconveniences for nearby properties. However, only certain types of construction, demolition or other activity can be considered 'work affecting other land'.
Work affecting other land is any work that may affect adjoining land by:
Building any part of the structure beyond the property line onto adjoining land
Placing protection structures beyond the property line onto adjoining land
Reducing the stability or load-bearing capacity of adjoining land
Reducing the structural adequacy of a building or structure on adjoining land
Reducing the effectiveness of drainage
Affecting the structure, waterproofing or noise insulation of a wall or fence that protects adjoining land
Removing fences or gates
Accessing adjoining land to work, conduct a land surveyor deliver materials without consent.
Noise or dust that is generated from the work, and fencing disputes between neighbours, are not considered 'work affecting other land'.
How will I know where the boundary line is?
If you have any doubt about the exact position of the boundary line on your land, you should consult a licensed land surveyor.
Please visit the Land Surveyors Licensing Board (WA) for a list of licensed practitioners.
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Notice and consent for work affecting other land
If any building work affects adjoining land, the person responsible for the work must give each affect land owner a Notice and Request for Consent to Work Affecting other Land.
The notice and request for consent form should provide:
Clear description of the works proposed
Clear description of how adjoining land will be affected and when
Plans, specifications and technical certificates to show how the work will affect the adjoining land
Details of the person responsible for the work
Please download Form BA20: Notice for consent to work affecting other land (PDF) from the Building Commission website.
Land owners have up to 28 days to decide whether to give consent or request more information. Once additional information is provided, affected land owners have 14 days to give consent.
If the work to be done is urgent, consent is not needed to start work, but the person responsible for the work must notify each affected land owner of the work to be done, and the reasons for it.
If the affected land owner does not give your consent, or fails to respond within the allowed timeframe, the person responsible for the work can seek a court order to start work. If a court order is issued, both parties must adhere to the provisions of the court order.
After consent or a court order is received, the person responsible for the work must still give notice if they intend to access adjoining land to carry out work or conduct a survey.
Your project may also need planning approval. Please contact Planning Services to find out more.
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Complaints and prosecution
If neither consent is given nor a court order issued, the work affecting other land cannot proceed. If the work commences, the adjoining land owner may remove any structures affecting their land, but is responsible for any damage caused by the removal.
The City of Kalgoorlie-Boulder, as a permit authorities under the Building Act 2011, can prosecute any person responsible for work that contravenes these requirements. Penalties up to $25,000 may be imposed.
If the work has adversely affected your land or buildings, complaints against the person responsible for the work should be made to the Building Commission Complaints Branch.
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Can my neighbour cut down a tree on their property?
The City of Kalgoorlie-Boulder encourages residents to retain trees on their property, as they make an important contribution to the character of the neighbourhood.
However, the City cannot prevent the removal of a tree on private land unless:
An application for planning approval has been made for the land, and conditions are placed on the tree's removal or preservation.
The tree is located on a place of heritage value.
The following brochures and guides are available for download on the Building Commission website:
New building approvals system: What the building industry needs to know about the Building Act
Work affecting other land: A guide.
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