Protection work notices
Do you need to submit a protection work notice to adjoining property owners in accordance with the Building Act 1993? Is the Department of Transport and Planning an adjoining property owner?
Do I need any other permits to conduct protection work within the road reserve?
If any part of protection work is in, on, under or over a road reserve, you must also obtain consent to conduct work within the road reserve in accordance with the Road Management Act 2004. You can find the procedure for applying for consent to conduct work within the road reserve in working within the road reserve.
Department of Transport and Planning (DTP), in agreeing to protection work in accordance with the Building Act 1993, is not deemed to have given consent to conduct protection work within the road reserve in accordance with the Road Management Act.
Protection work within the road reserve must not commence until consent has been given by DTP in accordance with the Road Management Act.
Do I have to provide a protection work notice to DTP?
Your building surveyor will issue you with a determination that protection work is required (form 6) listing all adjoining land owners, including the DTP.
Your building surveyor will also determine if DTP is an adjoining land owner by checking the maps of DTP roads to check if your property adjoins a freeway, arterial road or non arterial state road.
If DTP is listed on your form 6, you must submit a protection work notice (form 7) to DTP.
What information do I have to provide?
With your protection work notice (form 7), you must provide the information listed in the protection work notice submission checklist.
How do I submit the information?
Submissions by email fulfil the Building Act 1993 requirement to serve submission. You don't need to mail us a hard copy submission.
Where attachments exceed 100Mb multiple emails can be sent or we can supply details to allow upload via the department's file transfer system. DTP cannot accept files on USB keys or non-approved file transfer systems.
Confirmation of receipt
All protection work notice (form 7) submissions will receive a confirmation of receipt together with contact details for any enquiries relating to that submission.
When will I know if DTP agrees to my protection work?
We will respond with a protection work response notice (form 8) within 14 days of receipt of the protection work notice (form 7).
We will either:
- agree to the proposed protection work
- request further information, or
- disagree with the proposed protection work and provide the reasons.
Will DTP inspect my protection work?
We may decide to inspect your protection work. If this occurs, you will be provided with a surveillance and audit plan with the protection work response notice (form 8) agreeing to the protection work.
What fees do I have to pay?
We may decide to inspect your protection work. If this occurs, you will be provided with a surveillance and audit plan with the protection work response notice (form 8) agreeing to the protection work. A fee is payable for the assessment of a protection work notice (form 7) and the inspection of protection work.
The fee is not fixed and instead is determined by the number of hours required to assess your submission and inspect your protection work. The fee will be invoiced directly to the entity that signs the protection work notice (form 7) unless other arrangements are made in writing.
Do I have to tell DTP the protection work is completed?
Within two months of completing the protection work, you must provide DTP with a complete set of as constructed drawings and specifications for the protection work which has actually been carried out adjacent to and in the road reserve.
The drawings and specifications should include the location of any ground anchors in the road reserve, the location of any piles adjacent to the road reserve, and the pile and ground anchor installation and test records.
It's an offence under s101 of the Building Act 1993 to fail to provide this information to DTP.
How do I submit a constructed drawing and specifications?
Email: [email protected] (attachments can be up to 100Mb)
Contacts
If you require further information in relation to Building Act protection work notices, you should contact the department's Specialist Engineer - Geotechnical.
Email: [email protected]