What are my rights if my neighbours are undertaking building work which will affect my land?
In Western Australia, under the Building Act 2011 a person responsible for work must ensure that the work does not adversely affect land beyond the boundaries of the works land or encroach onto the neighbouring land unless:
- The owner or owners of the land that may be adversely affected consent to the work being done; or
- The person responsible for the work obtains a court order from the Magistrates Court and the work is done in accordance with that order.
Examples of work which could adversely affect a neighbour's land include excavating a site or removing a retaining wall (particularly without proper stablisation work) which could cause the land next door to subside.
If it is reasonably likely that land beyond the boundaries of the land on which the proposed building work is to be undertaken will be adversely affected the person responsible for the building work must
