Insurance for neighbours building project, accidents while on my property

Discussion in 'Legal Issues' started by Gill Bates, 14th Sep, 2021.

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  1. Gill Bates

    Gill Bates Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    126
    Location:
    Brisbane
    Neighbours have a significant residential renovation / new work . Apparently costing 250-300K Im told.

    They want to ( and need ) to access my property.
    Since they where given council approval to construct a building that is 100mm from the boundary
    Things like framing ? , weatherboards , affix new and remove old. Roofing , gutters, windows etc
    Max building height ( 2 levels ) is about 7.5m
    They want to use 1.5 m of my property to erect scaffolding.

    I said I do not not want any liability for events that happen as a result of their project.
    Events could be accidents to workers. accident to me, my family , guests . or my tenants or the property of these people. Injury could be minor to very significant..
    ( part of my property is rented to tenants , I live in another part )
    Their project is of no benefit to me at all.

    If an event occurs , and I'm sued for damages, it seems I'm liable for $
    If in response to such a situation , Id have to sue neighbour or builder . Which would not be a good risk situation for me
    Neighbour claims they are unable to give me a complete "Release"

    I was advised it would be a easier situation if the builder added my name to his building insurance policy. But the response was ..We will not do that"


    At present I have told neighbour , no access to my property until this insurance situation is resolved.
    They have already started the project, and done significant work,
    Any insurance will form part of a "access agreement"

    No one has said directly, but it seems that I am being forced to just accept this risk.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,224
    Location:
    Sydney or NSW or Australia
    You can be listed as an interested party but not added as a jointly insured on the policy.

    Your solicitor needs to draw up an access agreement and include the insurance provisions.
     
    wylie likes this.