Victorian Current Acts Victorian Current ActsS. 93(1) substituted by No. 68/2001 s. 7(1), amended by No. 33/2010 s. 21(1).
(1) Before any protection work is commenced in respect of an adjoining property, an owner must ensure that a contract of insurance is in force, in accordance with this section, against—
(a) damage by the proposed protection work to the adjoining property; and
(b) any liabilities likely to be incurred to adjoining occupiers and members of the public during the carrying out of the building work and for a period of 12 months after that building work is completed.
Penalty: 500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.
(2) The contract of insurance must be entered into with an insurer and for an amount—
(a) agreed to by the owner and the adjoining owner; or
(b) in the event of a dispute, determined by the Building Appeals Board under Part 10.
S. 93(3) amended by Nos 68/2001 s. 7(2)(3), 33/2010 s. 21(2), 21/2017 s. 17(1).
(3) The owner must lodge a copy of the contract of insurance with the adjoining owner before the commencement of the protection work.
Penalty: 50 penalty units, in the case of a natural person;
250 penalty units, in the case of a body corporate.
S. 93(4) substituted by No. 68/2001 s. 7(4), amended by No. 33/2010 s. 21(1).
(4) The owner must ensure that the contract of insurance is renewed or extended as often as may be necessary during the carrying out of the building work and for 12 months after that work is completed.
Penalty: 500 penalty units, in the case of a natural person.
2500 penalty units, in the case of a body corporate.
S. 93(5) inserted by No. 68/2001 s. 7(4), amended by Nos 33/2010 s. 21(2), 21/2017 s. 17(1).
(5) The owner must lodge a copy of a document evidencing the renewal or extension of the contract of insurance with the adjoining owner as soon as it is practicable to do so after the renewal or extension.
Penalty: 50 penalty units, in the case of a natural person;
250 penalty units, in the case of a body corporate.