Neighbouring building work - City of West Torrens - SA.Gov.au

Neighbouring building work - FAQs
Council often receives
questions from residents
regarding neighbours
undertaking building work.
This fact sheet of Frequently
Asked Questions (FAQs) may
help answer some of your
queries.
d e v e l o p m e n t
In most areas Council has no
jurisdiction to intervene where
there are building conflicts
between neighbours. The
easiest and best way to avoid
conflicts is to talk to your
neighbours.
Why didn’t Council tell me
that my neighbour was
going to build
Council assesses development
applications in accordance
with the Development Act
1993. The Act is quite specific
about when Council can and
cannot notify a neighbour
about proposed building
works. Council is not allowed
to use its own discretion and
proactively advise neighbours.
Despite this, we do have an
on-line tracking system where
you can enter an address
within the Council area and
it will detail any applications
lodged on that site within the
past five years.
How do I know that what
my neighbour is building is
the same as was approved
Council inspects construction
work in accordance with its
‘Building Inspection Policy’. If
you have any doubts, you may
make an appointment to view
the approved plans at Council.
I know that my neighbour
has put an application into
Council, can I come in and
see the plans
Unless you have received a
letter from Council expressly
inviting you to view the plans
prior to a specified date, you
will only be able to view the
plans after Council has made
a decision on the application.
Does my neighbour have to
tell me about the building
work
The Development Act 1993
requires your neighbour to
give you at least 28 days
notice if they intend to do
either of the following:
• Excavation that extends
deeper than a 1:2 plane
from a point 600mm
below the surface at the
boundary
• Filling of land exceeding
200mm within 600mm of
the boundary.
Can my neighbour enter
my property
The City of West Torrens / A: 165 Sir Donald Bradman Drive, Hilton 5033 / P: (08) 8416 6333 / F: (08) 8443 5709
E: development@wtcc.sa.gov.au / W: www.wtcc.sa.gov.au
The builder has a right to
enter onto other premises
to conduct building work
in relation to party walls or
stabilising structures, and
must give written notice to
the adjoining owner of the
proposed date and time. The
notice may be given personally
or by post at least 14 days
before entering the land or
premises. In an emergency,
the notice must be given as
early as possible.
My neighbour has
demolished a building and
we now have no barrier
between our properties,
can they do this
There is no general law
requiring a fence between
neighbours; most people
simply agree to have one.
However, the courts generally
consider it reasonable to have
a fence and to keep it in good
condition.
Continued overleaf

In particular cases, a fence can
be legally required. Examples
include:
• some housing
developments have
restrictive covenants
controlling fencing
• swimming pools must be
fenced
• dog owners have a duty
to prevent their dogs
wandering at large, so if
the dog goes outside, the
yard must be fenced
• fencing may be required
as a condition of council
planning approval.
The wall of a building is not
legally defined as a fence,
though if it is on a boundary
it may make one unnecessary.
If the building is removed,
the owner is not necessarily
obliged to fence the gap.
My neighbour is
demolishing our fence, can
they do this
Fences should be regarded
as a joint asset between
neighbours. Even if the
neighbour has not paid for
the fence they are still a joint
owner. This is because a fence
on the boundary is legally
considered to be part of the
land on each side.
If someone intends to remove
or alter an existing fence, they
should have their neighbour’s
permission or a court order.
If you want to put up a fence
where there has not been one
before, your neighbour has
a right to object. It makes no
difference if you intend to pay
the total cost. It is therefore
sensible to talk to your
neighbour first.
Also, your neighbour does not
have to contribute financially
towards the fencing unless:
• they have agreed to, or
• the proper procedure has
been followed, or
• a court orders them to.
A new house is being built
next door and the builder
wants to use my water and
electricity, can they do this
They can ask but you are
under no obligation to supply
water, electricity or any other
services.
What time are they
allowed to start work
Recommended hours of
operation are based upon
noise. Construction noise that
has an adverse impact on a
neighbour’s amenity is subject
to the following restrictions:
• must not occur on a
Sunday or public holiday,
and
• must not occur on any
other day except between
7am and 7pm.
However, a particular
operation may occur on a
Sunday or public holiday
between 9am and 7pm or
may commence before 7am
on any other day to:
• avoid an unreasonable
interruption of vehicle
or pedestrian traffic
movement, or
• if other grounds exist
that the Environment
Protection Authority (EPA)
or administering agency
determines to be sufficient.
The Environment Protection
Act 1993 (EP Act) requires
that all reasonable and
practicable measures are
taken by building companies
and contractors to minimise
noise if the noise will create
an adverse impact on the
amenity. If noisy work is
occurring after hours and site
workers are not willing to
compromise, and you cannot
wait to contact the building
company during normal office
hours, then contact the police
on 131 444 while the noise
is occurring. The police can
make an assessment and, if
appropriate, take action under
the EP Act.
What can I do if the
neighbour has not met
their requirements as listed
above and trying to talk
to my neighbour hasn’t
worked
You can contact the following
for help:
Legal Services Commission
Phone: 1300 366 424
Magistrates Court
(fences and general disputes)
Phone: 8204 2444
ERD Court
(Development Act disputes)
Phone: 8204 0300
SA Police (Noise)
Phone: 131 444
Safework SA
(unsafe work conditions)
Phone: 1300 365 255.