Hi All,
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
SCHEDULE 1 TO CLAUSE 32.08 GENERAL RESIDENTIAL ZONE
https://planning-schemes.api.delwp.vic. ... 1_wynd.pdfRegards,
welldoone
the thing with overshadowing is that it has a lot to do with timing of the building of the other homes too. If there are no other homes to overshadow, the regulation cant be applied. Its all down to timing and approvals
For example If you were the first to purchase and build and no other blocks had been sold yet or had their building plans submitted/approved, overshadowing would not be relevant because the other blocks home positions wouldn't even have been determined to conduct assessments over. If you drive around, you will find homes that seemingly ignore the whole overshadowing rule, this is why.
You're right in assuming that the neighbors are unlikely to give you consent. Would you? I also don't think you're going to find any loopholes that allow you to impinge on others light post fact. Have you had any modeling done to work out if it is an actual issue yet or are you making assumptions?
the thing with overshadowing is that it has a lot to do with timing of the building of the other homes too. If there are no other homes to overshadow, the regulation cant be applied. Its all down to timing and approvals
For example If you were the first to purchase and build and no other blocks had been sold yet or had their building plans submitted/approved, overshadowing would not be relevant because the other blocks home positions wouldn't even have been determined to conduct assessments over. If you drive around, you will find homes that seemingly ignore the whole overshadowing rule, this is why.
You're right in assuming that the neighbors are unlikely to give you consent. Would you? I also don't think you're going to find any loopholes that allow you to impinge on others light post fact. Have you had any modeling done to work out if it is an actual issue yet or are you making assumptions?
Thanks for reply,
Yes I am aware of the particular rules regarding set backs / overshadowing now...
It is the last empty lot.
Building company came back with the Building Surveyor comments that planned house/design won't get an approval in council because the set back (overshadowing). I guess, I am grasping at straws at the moment.
Will go ahead with one storey house design/build...
the thing with overshadowing is that it has a lot to do with timing of the building of the other homes too. If there are no other homes to overshadow, the regulation cant be applied. Its all down to timing and approvals
For example If you were the first to purchase and build and no other blocks had been sold yet or had their building plans submitted/approved, overshadowing would not be relevant because the other blocks home positions wouldn't even have been determined to conduct assessments over. If you drive around, you will find homes that seemingly ignore the whole overshadowing rule, this is why.
You're right in assuming that the neighbors are unlikely to give you consent. Would you? I also don't think you're going to find any loopholes that allow you to impinge on others light post fact. Have you had any modeling done to work out if it is an actual issue yet or are you making assumptions?
Thanks for reply,
Yes I am aware of the particular rules regarding set backs / overshadowing now...
It is the last empty lot.
Building company came back with the Building Surveyor comments that planned house/design won't get an approval in council because the set back (overshadowing). I guess, I am grasping at straws at the moment.
Will go ahead with one storey house design/build...
ive had to do the same. but i had the benefit of a much wider block so had quite a lot of choices. On the upside, you will have budget to make a much nicer single story
the thing with overshadowing is that it has a lot to do with timing of the building of the other homes too. If there are no other homes to overshadow, the regulation cant be applied. Its all down to timing and approvals
For example If you were the first to purchase and build and no other blocks had been sold yet or had their building plans submitted/approved, overshadowing would not be relevant because the other blocks home positions wouldn't even have been determined to conduct assessments over. If you drive around, you will find homes that seemingly ignore the whole overshadowing rule, this is why.
You're right in assuming that the neighbors are unlikely to give you consent. Would you? I also don't think you're going to find any loopholes that allow you to impinge on others light post fact. Have you had any modeling done to work out if it is an actual issue yet or are you making assumptions?
Thanks for reply,
Yes I am aware of the particular rules regarding set backs / overshadowing now...
It is the last empty lot.
Building company came back with the Building Surveyor comments that planned house/design won't get an approval in council because the set back (overshadowing). I guess, I am grasping at straws at the moment.
Will go ahead with one storey house design/build...
ive had to do the same. but i had the benefit of a much wider block so had quite a lot of choices. On the upside, you will have budget to make a much nicer single story
I guess after the initial shock, I'll find some positive things. Cheers!