The most visited post on this site, by some considerable margin, has nothing specifically to do with Port Melbourne. Perhaps because it can affect
anyone in Victoria, my missive on the
Building Appeals Board has remained in the top five posts-of-the-month ever since it was written. And that, sadly, was only my first experience with the body tasked with resolving building disputes. So, after receiving word from a fellow
Port Phillip resident experiencing, depressingly similar, frustration with Victoria's
Protection Works legislation I am spurred on to once again, deviate briefly from the trivialities of local news and reviews...
To briefly recap, the
Building Act 1993 provides a mechanism for those performing building work to effectively guarantee access to adjoining properties. This process is only
meant to be invoked and utilised where access is required in order to provide
legitimate protection to the adjoining property from the building work. However an unscrupulous person could abuse it to gain access for other reasons, potentially without
even performing the promised protection. In my opinion, the likelihood of this occurring is significantly increased by the unhappy combination of some apparent flaws in this part (7) of the Act, and an ill-conceived approach to enforcement that relies heavily on the resources and stamina of citizens unwittingly drawn into the process, without any pre-existing interest or experience. This may be most commonplace in Melbourne's inner suburbs, where proximity between adjoining dwellings grows ever greater.
The
Victorian Building Authority (formerly known as the Building Commission) provides a number of regulatory bodies, among them the
Building Appeals Board (BAB) and the
Building Practitioners Board (BPB). One of the functions of the BAB is to hear disputes relating to these so-called Protection Works (and has the power to refer matters of conduct to the BPB which, in turn, has punitive powers). The "determination" of my first hearing before the BAB comprised a formal set of "directions" for the builders (the "owner's agent") to fulfil, within 60 days. I was told that these directions were enforceable as if they were a judgement or order of a court of a competent jurisdiction. So when they
weren't fulfilled I assumed that by bringing this to the BAB's attention, they would then refer the matter to the BPB. I assumed wrong.