Work Affecting Other Land
Builders or owners must obtain consent from the owner of any adjoining land affected by your building work.
An owner, or a builder on behalf of an owner, must get consent from the owner of adjoining land before doing anything that may affect the land (or that might affect the neighbour). If there is a likelihood that the building work may require access to a neighbour's land, or if there may be a need to remove a fence or any other structure, owners should be advised and their consent obtained as early as possible. If consent cannot be obtained, a court order can be applied for.
Work that requires consent includes work that:
- Encroaches into other land (ref: Building Act 2011, section 76);
- Adversely affects other land (ref: Building Act 2011, section 77);
- Requires temporary or permanent protection structures to be placed on other land (ref: Building Act 2011, section 78);
- Affects the structural, waterproofing, or noise insulation capacity of a party wall, substantial dividing fence or retaining wall (ref: Building Act 2011, section 79);
- Involves the removal of dividing fences (ref: Building Act 2011, section 80); or
- Requires access to other land for construction purposes (ref: Building Act 2011, section 81).
A copy of the signed BA20 or BA20A Form, or a copy of a court order from a Magistrate should accompany any building or demolition permit application where the work being proposed will adversely affect or encroach on any adjoining land.
Work affecting other land - a guide.
Click here for Notice and Request for Consent to Encroach or Adversely Affect BA20 Application form
Click here for Notice and Request for Consent (Response Notice): Protection Structures, Party Walls, Removal of Fences, Access to Land BA20A Application form