It looks like I made a mistake (an expensive lesson) buying a lot of land where I will not be able to build a 2 story house which I was planning to build originally because of overshadowing limitations.
- Mortgage is approved
- Cooling off period has ended
- 10% deposit has been paid
- Settlement is in 1 month
- Before signing a sales contract I called an architect who designed the whole estate (Melbourne -> PointCook -> Saltwater) and as far as I understood I could build a 2 story house on the lot... aargh...
- Architect contact had been provided by the estate/owner corporation
What are my options apart from getting a consent from all 3 neighbors (which I guess is quite unrealistic) to build a 2 story house and try approving it through the council?
I am not even sure what kind/size of a single story house will comply with requirements.
I guess seller is not liable for any council/state limitation (overshadowing) and not obliged to provide such information in the contract?
No land covenants or any other documents were provided in contract of sale.
Here is a diagram.
Lot is 3530 - last one to built
Rest of the lots has been already built
Lots 2808, 2809, 2810 have tiny backyard ~20m2
From contract of Sale (my drawings are in blue):
Right-hand side lots (2808, 2809, 2810) - existing single storey
Left-hand side lot (3530) - existing 2 story house
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SCHEDULE 1 TO CLAUSE 32.08 GENERAL RESIDENTIAL ZONE
https://planning-schemes.api.delwp.vic. ... 1_wynd.pdf
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Regards,
welldoone