Western Australian Current Acts

BUILDING ACT 2011 - SECT 85

85 .         Form and content of notice about effect on other land

        (1)         A notice must —

            (a)         be in an approved form; and

            (b)         set out the prescribed information about the proposed work; and

            (c)         if relevant, give details of the part of a building or structure that would be placed into, onto or over the affected land, and seek the consent of each owner of the affected land to the encroachment; and

            (d)         if relevant, give details of how the affected land would be adversely affected, and seek the consent of each owner of the affected land —

                  (i)         to the work being done even though the land may be adversely affected in that way; or

                  (ii)         to the placement of a protection structure into or onto the affected land for the purpose of preventing, or minimising the risk of, the land being adversely affected;

                and

            (e)         if relevant, give details of each protection structure that would be required to be placed into or onto the affected land including the reason for, and nature, location and duration of, the protection structure and the estimated time for doing the protection work, and seek the consent of each owner of the affected land to the placement of the protection structure as proposed; and

            (f)         if relevant, give details of how the structural, waterproofing, or noise insulation capacity of a party wall, a substantial dividing fence, or a boundary retaining wall that protects the affected land would be affected, and seek the consent of each owner of the affected land to do the work; and

            (g)         if relevant, specify the fence, gate or other barrier shared by, or located on, the affected land that would be removed, the reasons for its removal and details of any temporary barrier that is proposed to be erected, and seek the consent of each owner of the affected land for the removal; and

            (h)         if relevant, state that in doing work a person will be required to go onto the affected land and the reasons for the requirement, and seek the consent of each owner of the affected land to go on to the affected land to do the work; and

                  (i)         be accompanied by a response notice, in an approved form, to be completed by or on behalf of each owner of the affected land and given to the person responsible for the work; and

            (j)         set out, or be accompanied by, each other thing that is prescribed to be set out in, or accompany, the notice.

        (2)         A person responsible for work may, in a notice, request that a survey of the affected land be conducted, and seek the consent of each owner of the affected land for a person to go on to the affected land to conduct the survey.