is it illegal for builder not to put temporary fencing after demolition

Discussion in 'Legal Issues' started by Hari Yellina, 13th Sep, 2020.

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  1. Hari Yellina

    Hari Yellina Well-Known Member

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    E8BB8E30-5707-4880-A1EF-B7FCAD3DD86A_1_105_c.jpeg


    Hi all,

    I went past one of my construction sites and found out, the builder didn't put temporary fencing.

    Demolition has been done and the site is cleared. getting ready for the base.

    This site in Inner Melbourne, close to schools and parks.

    Do the builder has a legal obligation to protect the worksite.

    is temporary fencing mandatory in Melbourne? A6A8714A-D5A9-41AE-B02F-FD78CF776940_1_105_c.jpeg

    Did the builder breach Work and Saftey Act.

    Please advise.
     
  2. Firefly99

    Firefly99 Well-Known Member

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    The site does not look like it would be a hazard to the public, just looks like a vacant block of land.
     
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  3. Joynz

    Joynz Well-Known Member

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    No need for a fence if it’s just a vacant block.

    But I would have thought that if the demolition took several days a fence might have been used to stop passers by wandering in.
     
  4. MTR

    MTR Well-Known Member

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    When I was developing in Melb, we had the existing fences which remained during build process and then when he started building he had the site secured with lock up Fence m/gate at front of site so no one could enter site. This was also to prevent builders product/goods being stolen
     
    Last edited: 13th Sep, 2020
  5. Hari Yellina

    Hari Yellina Well-Known Member

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    I thought the same, your site has to be secured throughout the process. especially closer to the schools. I am reading on work safe website, they say it's required.

    I went there on Friday and found some plumbing work has been done recently. If someone goes on the site and hurt themselves. I am not sure the build will take responsibility.

    I have called the builder and explained to them , the importance of safety.

    I thought it was a reckless behaviour from a builder.
     
  6. MTR

    MTR Well-Known Member

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    @Luca would know more about this
     
  7. Joynz

    Joynz Well-Known Member

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    If the builder has taken control of the site then they have no choice but to take responsibility for any safety issues as they can be legally responsible.
     
    Last edited: 13th Sep, 2020
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  8. Anchor

    Anchor Well-Known Member

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    No law on temporary fencing AFAIK.
    I once had condition put by council on planning permit on temporary fencing throught the duration of construction as building on boundary
    Builders do it to minimise liability.
     
  9. Joynz

    Joynz Well-Known Member

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    Yes. If someone wanders in and trips on a star picket and breaks a leg, work safe will ask the builder how they secured the site...

    But that’s unlikely to happen with the vacant block pictured.
     
  10. jared7825

    jared7825 Well-Known Member

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    Its a vacant block of land how is that reckless?

    For all you know there was fencing there when the demolition work took place and there will be fencing there when the build commences, why does a vacant block of land need to be fenced
     
  11. Hari Yellina

    Hari Yellina Well-Known Member

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    from my point of view.

    1) Plumbing works are going on, and materials are still on the site.

    2) Planning permit says the trees on the nature strip has to be protected.

    3) I have paid the builder and in my view, construction is still going on.

    I am gathering all the opinions, So, I can have a word with the builder.

    I will request them for PDS of the insurance to see what are their requirements.
     
  12. wylie

    wylie Moderator Staff Member

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    How will a temporary fence protect the trees on the nature strip?

    Is this a builder you've not used before?
     
  13. Hari Yellina

    Hari Yellina Well-Known Member

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    Fencing around the trees is part of a planning permit. they are protected trees.

    Temporary fencing for the site.
     
  14. Hari Yellina

    Hari Yellina Well-Known Member

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    I haven't used this Builder before.

    Another construction site. Builders place temporary fencing from the day1, Prior to commencing demolition and until the completion stage.

    IMG_1146.jpeg
     
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  15. wylie

    wylie Moderator Staff Member

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    We've had temp fencing around our site from the day the builder took over the project.

    Protecting the footpath trees by fencing seems odd to me. Anyone could damage them any day, any time. And fencing them doesn't mean the same bobcat, truck, crane that might knock them won't knock the fence and damage them anyway.

    But I guess you just have to do it. Seems odd that the builder hasn't put up the temp fence.
     
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  16. Luca

    Luca Well-Known Member

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    Hari you are spot on. I always recommend temp fence and proper signage. This is definitely a poor behavior from the builder, especially if he has completed already some work. Temp fencing is the day 1 activity on a construction site. Cost is minimal, let`s say $2/lm max for the whole duration of the works however usually builders own temp fence so, in theory, it`s no cost to them.

    The key here is appointing "the principal contractor" who is usually the builder. This must be clearly identified in the contract.

    The second step is giving the site possession to the builder. In theory that`s usually when works start, however, I always prefer an official letter signed by the builder.

    If it`s just a block of land with no construction activities (e.g. new land developments) there is not a major risk. Please keep in mind you are still the owner of the land and until the builder takes possession if something happens (e.g. kid running and getting injured with a nail) you`ll be responsible as you are automatically identified as "the principal contractor". Also note a block of land not fenced can become a "free of charge" tip site and you can be exposed to "EPA" issues -> someone dumps contaminated dirt on the land, neighbor rings EPA, you get fined.

    Safety on construction sites is very important, builders must be notified if not compliant even if they are the one responsible for OH&S. If something really bad happens, you want to have as much evidence as possible to show you were on top of it.

    Tree protection, mate this is critical. To be done ASAP. 3 fence panels around each tree (unless something has been specified on the permit), happy days. Very high chance to get fined if you don`t have it in place.
     
  17. kierank

    kierank Well-Known Member

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    When we demolished our old PPOR and built our new one in 2011, our builder was supposed to put protection around our gum trees but did NOT have to fence of the construction envelope.

    I thought it weird that trees were considered more important than people :eek:.

    I was told that once we handed the site over to the builder, they were liable not us until the builder handed the site back to us.

    BTW, we were also told that the builder could ban us from accessing the site during the build. Access was at their discretion and risk.

    Our builder did allow us access to site. We had an on-site meeting with the builder every morning and a progress check/review every afternoon after everyone had left the site.

    This was in Queensland and on acreage.
     
  18. Hari Yellina

    Hari Yellina Well-Known Member

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    Thank you, Luca. I will request the builder to get this site and tree protected. I have already paid for demolition and deposit money. contracts are signed. Council has very strict rules with trees.

    I will check the contract to use. who is the principal contractor throughout the agreement?

    And Arborist. report clear says, what you mentioned above, three panels per tree.

    """"Before the development commences""" . The word council used in the permit. That's the one got me worried.

    Permit requirement :

    ""Concurrent with the endorsement of plans, a Tree Management Plan (TMP) must be submitted and approved by the Responsible Authority. The Tree Management Plan must be completed by a suitably qualified and experienced Arborist and must identify the Tree Protection Zone, volume of Tree Protection Zone encroachment (%) and how it is intended to carry out site works with minimal impact on tree health including tree protection measures that align with AS4970 as it relates

    Before the development commences, a bond equal to the combined amenity value of the three trees on Street or an amount otherwise specified by Council must be paid to Council’s Parks and Open Space team. The bond will be held for a period of 6 months after the certificate of occupancy has been issued
    "
     
  19. Hari Yellina

    Hari Yellina Well-Known Member

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    Luca, the clause is below as well. I am going to be on top of it.

    Thank you.

    ""A Tree Protection Zone (TPZ) shall be established around the Council owned tree to the standard and conditions prescribed in AS 4970 – 2009 ‘Protection of Trees on Development Sites.’ The site shape and conditions relating to the TPZ will be nominated by Glen Eira City Council with the TPZ being constructed prior to any demolition, excavation or construction works. The TPZ shall remain in place until sign off / handover of the project. Removal or alterations to the TPZ, or any

    works inside the TPZ shall only be undertaken with written permission from Glen Eira City Council ""
     
  20. Hari Yellina

    Hari Yellina Well-Known Member

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    Please find the quote below.

    """TPZ being constructed prior to any demolition, excavation or construction works. The TPZ shall remain in place until sign off / handover of the project. """