Fence

[ourhouse]

I am looking at a prospective property for PPoR which has a clause on the title that cannot build front fence higher than 3 ft. The property isn't a corner one and the clause seem to be there since the subdivision 50 yrs ago. Now because the front yard is large and backyard little, I was planning to build at least 5 ft high fence to enjoy some privacy.

I checked this with council if I can build a 5 ft fence citing them that a property on the street has already got it, but they didn't give me any clue. They told the covenant on the title needs to be removed first, then I need to apply with planning deptt, then they will advertise with the neighbours, if anyone objects, then they wont permit.

Where does such an answer leave me as a propective purchaser for whom the certainity on fence approval is crucial for this deal?

What is your experience on the possibility of fence getting approved. Do we need to provide specific (more appealing) reasons for the fence to get approved.

 

[Newbieatlife]

my experience is that council most likely won't even know about the clause unless you mention it and neither will neighbours

 

[Scott No Mates]

Check the fencing requirements with council. There may be a setback required as the fencing is higher.

 

[knightm]

Check the fencing requirements with council. There may be a setback required as the fencing is higher.

Yes there are different laws in each state and council. EG in NSW there is excempt development (SEPP) which means certain things can be built without council approval. Anything that doesn't comply needs a DA.

Unless VIC has a state fence rule (Im not aware of one but happy to be corrected) it will be a call to council and get the regs so you know what is possible. My personal experience is council dont care about covenants, only the enforcers (the developer that set them up) do. In my case the developer went belly up as such my estate no longer has enforceable covenants (i treat them as more of a guideline really )
Technically other residents who have complied with covenants could lodge a class action if they thought your non compliant development devalued their property. If the original covenent really old then that is probably very unlikely.

As such get approval from council (for the fence not the covenant) as they approve new developments but have no juristiction on covenants. To be really sure speak to a solicitor about removing any covenants on the title. I dont know exactly what is involved there.

 

[fisherman]

You can't guarantee anything where approval is required and neighbors concurrence is required.

What about shrubs?