Building over boundary

[Elliotte]

I suspect the folk next door are building closer than their council plans allow - it's a four car garage and was meant according to the DA to be 15cm from our boundary which is bad enough considering we have windows from bedrooms all down that side of the house that now look out onto brick wall. Our boundary is about a metre from the bedroom windows. Previous owners objected but didn't get anywhere. The DA says they need a surveyor to measure when complete. I think that even if the garage itself does comply the eaves and gutters have got be overhanging our boundary just by looking and measuring myself.

Can I ask to see their surveyors report or ask council? What are my options if I'm right? I'll cope with it if there is some compensation involved - but is it worth tackling? Do titles have to get adjusted? How much would it cost if I have to pay a surveyor?

The other thing that REALLY peeves me about this is I'm up for $20-50K worth of fire upgrades along our boundaries as our windows are less than 1.5 m from the boundary so we need fire windows or drenching systems etc (we're a boarding house). Fine, I knew that when I bought it, requirements have changed since the house was built. But seems pretty ordinary for council to smack as with this upgrade screaming about fire danger when previously the nearest building on that side was maybe 10m+ away so not a crazy risk of jumping fire! But then they go approve something that sits on our boundary. Okay, now they've REALLY created a bit of a hazard.

 

[Scott No Mates]

Survey of the boundaries & identification of adjoining building would be around $500.

Contact the council building inspector and express your concerns ie gutters will encroach the boundaries.

 

[chilliblue]

Why not contact council now and voice your concerns and get them down when you are present to take a look. Remember to document anything in writing.

 

[Ideo]

Is this the one in Tamworth?

 

[Elliotte]

Yeah, they had already built the garage by the time I settled and got here and saw it. It's not finished yet. There is some real confusion over boundary I think as our side wall has been serving as fence for part of the property so to them it probably looks like the land is theirs. Will need a proper fence at some point - as it is if some idiot locks themselves out and doesn't come to me for a spare key they go through the neighbours yard to pull their fly screen off and climb in their window lol.

 

[cu@thetop]

Jump on this quickly. Tell council but if they dilly dally get your own survey plan done asap.

 

[Macca]

Agree, positive action required to protect your property, survey the place ASAP and take any concerns to the council while they still have builders on site.

The surveyor should be able to advise you on the council requirements and your rights to a remedy if applicable.

Have a look around just in case they have used the same surveyor, may be a sign on the site fence showing who they used.

 

[vaughan]

The DA says they need a surveyor to measure when complete.

Shouldn't a survey be done BEFORE completion? It's a bit hard changing things after it's built.

 

[Elliotte]

I guess they were meant to do one before and the one after is to prove to council they didn't build closer than the 15cm? Will get on to it Monday when everyone is back on board at work.

 

[vaughan]

I guess they were meant to do one before and the one after is to prove to council they didn't build closer than the 15cm?

Oh yeah that makes sense.

 

[kero]

hi Elliotte,

if the wall is only 15cm from the boundary, then the wall is to be a boundary wall without openings (any openings- big or small). This is to prevent any spread of fire from the neighbour's property to yours. The gutters can be installed along the length of the boundary wall where the top of the external leaf of the boundary wall meets the roof cover.

it may sound a bit unfair, but when classification of the building changes, the requirements in the building code for the new classification kicks in. As far as I know, boarding house pose a greater fire danger than a residential house.

4 car garages? neighbour starting a car mechanic business?