Victorian Current Acts

BUILDING ACT 1993 - SECT 95

    (1)     An owner or the agent of an owner may enter between the hours of 8 a.m. and 6 p.m. on, over, under or into the air space above any adjoining property—

        (a)     to carry out any survey under section 94; or

S. 95(1)(b) amended by No. 21/2017 s. 99.

        (b)     to carry out the protection work required by the building regulations and agreed or taken to be agreed to or determined under this Part.

S. 95(2) amended by Nos 33/2010 s. 22, 21/2017 s. 17(1).

    (2)     The owner must give the adjoining owner not less than 24 hours' notice, or such other notice as may be agreed between the parties, before the owner or the owner's agent enters an adjoining property under subsection (1).

Penalty:     50 penalty units, in the case of a natural person;

250 penalty units, in the case of a body corporate.

    (3)     In the course of carrying out any protection work under this Part, an owner may without doing any unnecessary damage remove any furniture or fittings in the adjoining property which obstruct the carrying out of the work.