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Can a neighbour complain about building work?

I live in suburban Perth and my next-door neighbour is currently having an extension done to their house. The builders they are using are loud, rude and messy. Although we do not have a dividing fence between our properties the boundary between us is clear. However the builders keep ignoring this and using my land to walk through and store their materials on. They have consequently killed off many of my plants. I have complained numerous times to the builders but they continue to do it. My neighbours are currently overseas. Can I make a complaint anywhere else?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 20-11-2015
1 Lawyer Answered
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  1. Building & Construction
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kate Dodgson, Brisbane 4000 QLD

  • Any person adversely affected by building works may make a complaint.
  • As you are clearly being affected by your neighbour’s renovations you can complain to the Western Australian Building Commission.
  • You should start by making an informal complaint to the builders in writing. You can do this by providing them with a Notice of Proposed Complaint available from the WA Building Commission website.
  • If the builders do not respond satisfactorily within 14 days you can lodge a formal complaint with the Commission.
  • The Commission may:
    • attempt conciliation;
    • make an interim order;
    • order rectification; or
    • refer the complaint to the State Administrative Tribunal.

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