Property development is about more than plans, approvals and construction timelines. It’s also about keeping good relationships on the boundary line, as neighbourly disputes can grind projects to a halt and turn minor issues into major complaints.
The best results come from early communication, clear expectations and a builder who knows how to manage neighbourly relations as well as the actual build and site themselves.
Why Talking to Neighbours Before You Build Saves You Later
A simple conversation before work starts can prevent unnecessary disputes once construction begins. In Perth, letting neighbours know what’s planned and when any disruptions might occur helps set expectations early on and reduces the chance of misunderstandings.
Most issues that crop up during residential builds aren’t even caused by the work itself, but a lack of clarity regarding timings, noise and impact.
How and when to send a neighbour notification letter
A neighbour notification letter works best before major site activity begins, ideally before demolition, excavation, fencing changes, scaffolding or any work likely to affect access, noise, dust or privacy.
In WA, if adjoining land needs to be accessed, formal notification and consent requirements can apply, so the letter needs to support the process rather than replace it.
What should a letter include? For starters:
- Keep the tone neighbourly, clear and respectful (not legalistic)
- Include the timeline for works and key disruption periods
- Include contact details for the site manager or builder
- Outline likely noise windows
- Clarify any dust control measures
- Outline what neighbours do if they need to raise a concern
Setting expectations
Good expectations make the whole build feel more manageable for everyone. Explain that deliveries may happen early, that some trades create more noise than others, and that weather, compliance or scheduling could shift the program.
It also helps to say what you’re actively doing to reduce any disruptions, like keeping noisy tasks within the allotted hours, managing skips and vehicles carefully, as well as giving notice before high-impact days. That kind of practical clarity is often the difference between a passing concern and a dispute that escalates.
How to Handle Neighbour Objections to Your Development
Common objections in development can include:
- Overlooking
- Overshadowing
- Neighbourhood character concerns
- Tree disputes
- Issues relating to boundaries, roots, shade or access
The right response isn’t to dismiss them, but separate the emotional frustration from the actual planning considerations.
Personal grievances, like not liking the idea of change, disliking construction generally or worrying about inconvenience are different from valid planning objections that relate to privacy, amenities, setbacks, height, character or compliance with the planning framework.
In WA, neighbours generally don’t have third-party appeal rights for planning decisions, so the strongest positions are usually made during consultation, not after approval.
How to respond to a formal objection
A formal objection should be replied to calmly, factually and in writing. Start by acknowledging the concern, then address the issue with the relevant drawings, planning controls or site management measures.
If the objection is about overlooking or overshadowing, point to how the design responds. If it’s about neighbourhood character, explain the design intent and how the proposal sits within the area. If the issue is a tree dispute or boundary-related concern, deal with the practical impact, any survey evidence and whether the matter is actually a planning issue and not a civil or property matter.
The aim is to resolve construction dispute resolution early, before any concerns turn into a formal complaint or a stalled approval process.
Your Legal Obligations to Neighbours During Construction
Construction noise restrictions and permitted hours in Perth
In WA, construction work is generally permitted between 7am and 7pm Monday to Saturday, excluding Sundays and public holidays, provided it complies with the noise regulations and relevant construction noise controls.
Outside those hours, noisy work usually needs approval through a noise management plan. In practice, that means planning the loudest tasks carefully, keeping equipment in good condition and being realistic about which activities can happen near boundary lines without becoming a noise complaint.
Practical steps: Keep your noisy work in permitted hours, schedule high-impact tasks strategically, use quieter equipment where possible and notify neighbours in advance of any unusual or high-noise days.
Dust management plans: requirements for Perth Construction
Dust management isn’t just a matter of courtesy. WA guidance treats dust from land clearing, earthworks, demolition and stockpiled material as something to be actively managed through a dust management program.
A good dust management plan should show how the site will reduce dust generation, protect nearby residents and respond if conditions change.
Practical steps: Suppress any dust before it spreads, cover or stabilise loose materials, clean access points and wheels, monitor windy conditions and keep a written dust management plan on hand for the site team.
Site safety and protecting adjoining properties
Protecting your neighbours starts with basic site discipline. Builders and developers need to manage access, fencing temporary barriers and any risk to adjoining land so nearby homes aren’t damaged or made unsafe by the work.
WA guidance also reminds builders to notify and obtain consent before accessing adjoining land where required. This includes situations such as temporary access for works, scaffolding or storage that may extend beyond the property boundary.
Practical steps: Install clear signage, secure the site perimeter, protect shared boundaries, plan access routes carefully and give neighbours advance notice before any high-impact or boundary-adjacent works.
Retaining walls and boundary works
Retaining walls and boundary works are a common source of dispute between neighbours, particularly in higher-density developments like townhouses, villas, duplexes and triplexes, where levels can change, excavation occurs close to the boundary or a structure affects a shared fence line.
In WA, party walls, dividing fences and boundary retaining walls may have specific notice and consent requirements, with retaining walls possibly triggering approval requirements depending on height and location.
Practical steps: Confirm the boundary early, check whether a permit or consent is needed, document the design and levels, and coordinate any retaining wall or fence work before any construction starts.
Party wall agreements and BA20A forms explained
A party wall agreement is used where work affects a shared wall or boundary structure and the neighbouring owner’s rights need to be protected.
In WA, the BA20A form is the prescribed notice and request form for protection structures, party walls, removal of fences and access to land. It’s also used where work may affect structural, waterproofing or noise insulation capacity of a party wall, substantial dividing fence or boundary retaining wall.
Practical steps: Identify whether the work touches a shared or boundary structure, issue the correct BA20A notice early, attach enough detail for the neighbour to understand the impact and keep a written record of all responses.
Dealing with encroachments
Encroachments are best handled before they become visible on site. WA has a separate BA20 notice for work that intrudes or adversely affects adjoining land, which is designed to cover issues like boundary overruns or works that might affect the neighbour’s property rights.
If a design, structure or excavation is likely to cross a boundary line or affect the adjoining lot, the issue should be resolved through the formal notice process rather than left to be sorted once construction has already begun.
Practical steps: Get a current survey, confirm the boundary before setting out works, issue the BA20 notice where needed and resolve any questions before the slab, wall or excavations are locked in.
When disputes escalate: do you need a lawyer?
If repeated discussion, written notices and practical compromise are no longer progressing the issue, informal resolution is likely no longer effective.
This is typically evident where communication has broken down, responses aren’t constructive, agreed actions aren’t being followed through or where one or both parties have begun escalating the matter beyond informal discussion.
In Western Australia, the next appropriate pathway depends on the type of dispute.
For building-related issues, complaints can be made to the Building Commissioner via Building and Energy. This covers matters like building work quality, compliance and contractual disputes, with some matters progressing to the State Administrative Tribunal where formal determination is required.
For planning matters disputes are generally managed through the relevant local government and the Western Australian Planning Commission framework. In most cases, third-party appeal rights are limited, so issues are typically addressed through the planning assessment and consultation process rather than post-approval escalation.
Boundary and fence disputes are generally civil in nature and might require mediation or legal advice depending on the circumstances and ability to reach agreement.
Practical steps: Document every discussion, keep copies of notices and photos, identify whether the issue is planning, building or boundary-related, and get legal advice once the dispute stops being productive.
How Novus Projects Handles Neighbour Relations For You
At Novus Projects, we manage neighbour relations as part of the development process from day one, not as an issue to fix once construction is underway. From the initial site review and feasibility stage, we identify potential pressure points early, including boundary works, retaining walls, access requirements, privacy concerns and any areas likely to trigger neighbour objections.
Our team coordinates the practical steps needed to keep your project moving smoothly, from neighbour notification letters and council-facing responses through to scheduling higher-impact works strategically. By addressing concerns early and communicating clearly, we help reduce the risk of avoidable neighbour disputes, delays and formal objections.
Because we manage every stage from feasibility and approvals through to a construction delivery, neighbour concerns are handled within the broader project strategy, not treated like a separate issue. This integrated approach helps protect relationships next door while keeping your development on time, on budget and compliant with council requirements.
Planning a subdivision, new build or multi-dwelling development? Speak with the Novus Projects team for a smoother path from concept to construction.