How is the Act brought into force?
The Act requires formal Notice to be given to an Adjoining Owner or Owners, as defined in the Act, by the Building Owner who proposes to undertake specific works. This may be a PARTY STRUCTURE NOTICE, for work intended to be carried out to a shared structure; or a THREE METRE NOTICE or SIX METRE NOTICE for excavation work intended to be carried out within certain depths and distances from a structure of an adjoining owner. If the Adjoining Owner indicates his or her consent to the works on the Acknowledgement included with the Notice within the specified time, then the works may proceed as set out. This does not affect the Adjoining Owners rights, in the rare event that damage is suffered as a consequence of the works, as the contractor and professional advisers have a duty of care to the adjoining owner.
