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Building safety and neighbouring properties
A building permit is generally required for all forms of building work and we are here to provide you with the information you need.
Building permit enquiries
If you need further assistance, please submit an enquiry to our Building team.
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Fences and neighbouring property details
Read more in our Boundary Fencing Guidelines (PDF, 325KB).
Give neighbours a Fencing Notice
Owners are responsible for the construction and maintenance of dividing fences on their land.
Neighbours usually share the cost of a standard fence even though the Fences Act does not state the actual apportionment of cost between neighbours.
Similarly, a neighbour wanting a more expensive fence or a high fence than a standard fence usually pays for the extra amount.
Discuss your plan with your neighbour and seek their agreement, including who is paying for what, in writing.
If you cannot agree with your neighbour, you may want to serve them a Notice to Fence.
A Notice to Fence sets out where the fence will go, how the fence will be built and the type and cost of fence. Although not required under the Act, it is usual practice to attach two quotations from fencing contractors with the Notice to Fence.
If you do not hear from your neighbour or if you do not reach agreement after one month of serving the Notice to Fence, call the Dispute Settlement Centre of Victoria on 1300 372 888.
Different rules apply if the neighbour is a tenant. If one of the neighbours is a tenant and the lease has less than three years to run, the landlord usually shares the cost of a standard fence provided the tenant notifies the landlord or agent within 14 days of the service of any notice on the tenant. Where the lease has more than three years to run, there is specific provision in the Act for the apportionment of cost between the landlord and the tenant.
If the adjoining property is owned by the Government such as a lane, road, street or a park, you should contact us. In most cases we do not contribute to the cost of the dividing fence.
If the fence is damaged through the neglect of an occupier (e.g. by a falling tree or fire or during demolition of building work), the occupier is usually liable to repair the damaged portion of the fence.
Protection of adjoining properties
Protection of adjoining property is required when significant damage could occur to the adjoining property from the proposed building work, and as directed by the relevant Building Surveyor.
Some examples of when protection works may be necessary are:
- where the proposed footing system undermines the adjoining footings
- where overhead access into adjoining property airspace is proposed (eg. overhead cranes)
- where retaining walls or excavation of soil is proposed, at or near the dividing allotment boundary
- where building works are proposed at or near the allotment boundary that could result in significant damage occurring to the adjoining property.
Refer to the Protection Work Process Practice Note (PDF, 634KB) issued by the Victorian Building Authority for more information.
A property owner or the appointed Building Surveyor can obtain adjoining property owner details by purchasing a Register Search Statement (Title) from Landata .
This document lists the current registered proprietors and all purchased documents are delivered to the nominated email address.
Alternatively, if the name of the property owner is not known, a notice may be served in accordance with section 236(3) of the Building Act 1993 as follows -
- Section 236 - Service of documents—generally
- (3) If a document is to be served on or given to the owner or occupier of any land and the name of that person is not known the document may be addressed to "the owner" or "the occupier".
Helpful information about building
If a building permit is required to demolish a building, structure or outbuilding, you will have to find out if asbestos is present in the building before a building permit is granted.
Visit our asbestos page to find the latest information. Asbestos Victoria has guidance, forms and compliance codes.
We have the power to discontinue unused roads/rights of way and provide the opportunity for adjoining property owners to purchase the land.
Discontinuance and Sale of Roads and Reserves brochure (pdf, 2MB) explains this in detail.
We encourage you to do some consultation with local property owners and provide evidence of support for any road discontinuance proposal before submitting an application to us.
For further enquiries contact the Commercial Property team on 9243 8888 or property@mvcc.vic.gov.au.
The Country Fire Authority and the Victorian Building Authority websites have information on the requirements for smoke alarms and other fire protection requirements.
It is illegal to allow anything other than water to enter the stormwater system.
Both the property owner and the builder must make sure the following do not enter a drain, gutter, ditch, creek, tunnel, bridge, culvert, pit, easement, property, or any watercourse:
- soil
- cement slurry
- silt
- rubbish
- liquids
- other building materials.
Domestic rainwater tanks do not need a building permit if they are smaller than 10m2.
However, installation of the rainwater tank must still comply with building regulations.
If it’s attached to the home, rainwater tanks can be installed no less than 500mm from an allotment boundary.
Freestanding water tanks can be installed next to the property boundary in certain circumstances, provided that the tank’s height, length and location comply with the building regulations.
Rainwater tanks must be connected to a stormwater drain. The tank must have an overflow pipe, which allows the return of excess stormwater into the property drain. Make sure that the drainage from the water tank is not going to be a nuisance for neighbouring properties.
Report illegal or unsafe building works
Need a building permit?
If you are unsure, please contact the Building Department for further assistance.