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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38430
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a home in Leichardt, the rear neighbour has had a development

Resolved Question:

I have a home in Leichardt, the rear neighbour has had a development approved by council which has a 5 meter wall going up at the rear of the property. Do I have any rights as a neighbour to request that the development has insurance that will protect my property if the wall falls over. Plus the builders will have to come onto my property. The neighbour is not concerned about my concerns. It is amazing that the council dosnt require the builders to have liability only builders warranty.

Your opinion would be appreciated.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

what is the purpose of the wall, is it to be a fence?




Customer: replied 1 year ago.


No its part of the new buildings privacy wall.

Expert:  Leon replied 1 year ago.
Good Afternoon,

That wall would be covered by the owners building insurance and if anything was to happen and it fell over the building insurance cover any damage done to your property.

You cannot force your neighbour to take Building insurance, but I would assume that they would have coverage.

The builder that is undertaking the work would have insurance to cover the work and also public liability insurance.

You cannot sue the builder for any damage that is done to your property, your action would be against your neighbour and your neighbour would then have to join the builder.

There is no privity of contract between you and the builder and you cannot hold them responsible for any damage. It is the responsibility of the owner of the land, your neighbour, to make sure that the builder is covered because any damage to other property is the responsibility of your neighbour.

Does that make sense?
Customer: replied 1 year ago.


Really then I have no authority to require the neighbour to supply documents to prove that liability insurance is in place. I just have to hope that the Owner is smart enough to do so. Hes not being very informative at the moment.

Expert:  Leon replied 1 year ago.
Good Afternoon,

That is correct.

If something happens to your property as a result of the work being done next door, your action would be against the neighbour and it is the neighbour that can sue the builder.

You cannot demand evidence of insurance.

You are not a party to the contract and I owe No obligation to you.

They must comply with the law where they cannot undertake construction outside the legal hours and if they damage any part of your property they are responsible to make repairs and compensate you.

But to provide you with evidence of insurance, there is no obligation.

Is there anything else I can assist you with?


Customer: replied 1 year ago.


No thank You.


 


Thanks for the information.

Expert:  Leon replied 1 year ago.
Good Afternoon,

I am sorry I could not give any more positive information but I'm happy to have been of assistance.

If there is anything else I can help you in the future please do not hesitate to contact me.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38430
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and 2 other Australia Law Specialists are ready to help you

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