AUST – Hendry advise that construction of a building to the title boundary of an allotment under a building approval provides for the efficient use of a property but also provides the building owner with long term essential safety measures maintenance problems. Construction techniques exist that allow fire rating of boundary walls to be achieved and the constructability issues can be considered at the design stage to a project. But, the ongoing maintenance of the building is rarely thought through at a design stage and it is only in the years following completion that the ramifications set in for inspecting and maintaining the nominated essential safety measures in statutory documents. Many building owners wrongly believe that maintenance on the external parts of their building can occur from an adjoining property, whereas in fact, unless an adjoining property owner grants this permission, e.g. protection work notice, no legal rights exist to access adjoining property for maintenance purposes. e.g. fire rated control joints nominated (essential safety measures), spalling concrete, subsidence issues, etc. When designing a building which is to be constructed to the boundary, it is necessary to consider the legal implications for the ongoing maintenance, essential safety measures compliance in respect to mandatory inspections leading to an Annual Statement, and WHS requirements for safe access for specialist maintenance contractors.