Hi Good afternoon Just wanna ask if any advice can be given. A neighbour is building two stories house. The old house will be demolished together with large trees. Who is responsible to ensure its neighbour's house foundation is not affected. Would it be the demolition company or the builder or the owner?
I think the builder (assuming they engaged demo) has to take out insurance for this and do a dilapidation survey too.
Thanks Caltan The tree distance to my side wall is about 1 metre away. So it is very close. i am worried that the tree removed with the roots causes my house foundation shakes. What can I do to make sure that this can be prevented
Hi Scott The tree and the old house are not on my land/property. The neighbour will demolish the old house with the tree. I am not sure who is responsible to ensure that my house foundation is not affected by their work.
The owner of the land has overall responsibility. That is the owner has the responsibility to hire reputable contractors who can safely carry out the works and have appropriate insurance. In which case the contractor takes over the owners responsibility. If the owner hasn't hired a good contractor this then they are responsible.
Demo company will need license and permit to complete any works on the site. Once they commission the site, put up temp fence etc. everything is back on them, however if the owner does not check these requirements have been met and wrong doings or mishaps will come back on them. So moral of the story make sure you use a repeatable company that has insurance. Good luck James
The developer /owner is only obliged to follow the conditions of the building permit. The owner/developer is not qualified, experienced, certified or authorized to assess the implications of demolition. It is the building surveyor's responsibility to adequately assess the demolition requirements and include the necessary conditions in the building permit. If the permit conditions do not require a certified demolition company or adequate actions on the tree/roots, there is strong argument, that the developer complied with the conditions of the permit. Trees are always a legal nightmare. The best option is to find out the building surveyor (private or council) and put your considerations to the surveyor preferably prior to the building permit being issued.