Home›Questions on Notice›QoN 5311

❓ Question regarding the financial responsibility of builders/developers for damage to neighbouring properties during construction, and protections available to affected neighbours. The Minister states the matter is outside their portfolio.

AnsweredQoN 5311Legislative Assembly

Asked

6 August 2019

Member

Mr A. Krsticevic

Portfolio

Transport; Planning

QuestionView source ↗

I refer to builders or developers who have received building approval for a particular site, and ask: (a) Are they responsible for damage caused to neighbouring properties through earthworks or construction; (b) If no, is the Minister considering action to enforce them to be financially responsible for damage caused to neighbours' properties; and (c) If yes, what protections are currently in place for neighbours whose properties are damaged: (i) If yes, but the builder or developer refuses to acknowledge the neighbour's legitimate claim, what protections are in place for the neighbour; (ii) If yes, some builders and developers may not have adequate margins built into their costs to accommodate claims from neighbours for damage. If the builder or developer goes into liquidation or otherwise disposes of their company is there an alternative course of action available for the neighbour, other than taking legal action; (iii) If not, why not; (iv) If yes, to ensure that funds are available in case of damage to neighbours' properties, is the minister considering strengthening the legislation to ensure that all builders and developers commit to some form of guarantee prior to beginning the building or development to ensure adequate financial protection for neighbours; and (v) If not, why not?