NCC 3.1.3.3 Question

Hi all,

Just a question in relation to the NCC 3.1.3.3 ,3.1.3.2

I don't have concrete done on the side of the house as of yet due to issues of water flow issues coming in from neighbour. The matter is before VCAT at the moment and had a joint Engineer do an





inspection on both properties.

The engineer has stated that my side does not comply with the NCC 3.1.3.3 ?

Does this only apply if you have the area concreted ?

I have more than 150mm from NGL to bottom of weep hole ,

I have a drainage point along the side on ground level (But has failed to report on neighbours pavement that is level with base of weep hole and has raised the NGL by approx 400 mm)

for the purposes of the NCC finished ground means the ground level adjacent to footing systems at the completion of construction and landscaping.

I think the argument theyre making is that its not consistent in its fall away from your footings. Secondly, its looks like just gravel, So even if it is graded, the water would just seep through and not be directed away from teh footings.

I assume the engineer was hired by the neighbour? in which case they will likley give more weight to their client. Personally while i think it is reasonable to wait to solve an issue like this before doing works, your perimeter appears to be non compliant.

Have you got pics of how much water is comng from teh neighbors side

Hi Ponzutwo here are a few pics

so that pooling confirms that your side isnt slope away enough, but I cant tell from looking at that that that is coming from the neighbors. It looks like just pooling due to poor drainage. How is thsi coming from the neighbors?

Hi Ponzutwo

These photos show between block work & fence, also the retained soils against fence areas have no drainage
as two Forensic engineers have stated & fence manufacturer that fence not designed or engineered to act as a soil retainer or
have any items placed against it. But two other engineers have turned a blind eye to this go figure

i might be ignorant on this point, but how does that cause water to pool like that n your side? Watering the garden beds or to result in such excess water on your side would have to be quite extreme. As in i cant imagine somone saturating their garden to such an extent.

The gap between fence, the concrete level is approx 400mm above NGL the gap is about 200mm wide and traps water
where does it drain ?

Engineer stated in his report the paving on the neighbour property complies with the NCC 3.1.3.3 but this does not comply with NCC 3.3.5.8 (b)(i)(ii)(iii) ? Engineers these days don't care only worried about $$ but this one will be reported along side the other one .

Whats in the gap between the fence and the concrete? I assume dirt/plants etc, right? like youve shown in other parts of the pics. Im not sure how familiar you are with gardening, but the soil would trap water to a point and then plants and evaporation take care of the rest. Like to go over an average garden soils capacity for retaining water would require some effort or prolonged heavy rains.

Separately Im kind of confused why youve got a bee in your bonnet about the location of your neighbors weep holes .Its not relevant to the unreasonable water discharge issue youre having. Focus on there being no subsoil drainage in the areas retained causing the unreasonable discharge (if that is infact the cause).

Additionally i dont think the way they have retained against a colourbond fence is relevant to the NCC section on drainage. If the fence fails, rusts, falls over etc., then that fact will be relevant when you refuse to pay for half a new fence. But again, thats not the issue at hand.