Browse Forums General Discussion 1 Sep 06, 2023 11:39 am Hi all. While we were travelling, our neighbours have, without our permission, demolished our existing dividing fence and constructed an ugly monstrosity to justify a future pool. Among the various issues at hand, the most significant one is the encroachment of this unauthorised fence onto our property. A survey was conducted, revealing that the new fence has encroached between 7 to 13cm into our land, measured from the common boundary to the centerline of the fence posts. To put it simply, this means that along the entire length of the fence, the entire fence post is situated within our property, not just the centerline of the posts. The neighbour is now asserting that this is “within construction tolerances”. We obviously disagree, and we have talked to various builders and they all claim to be able to place the fence posts exactly or at most a 1cm deviation from common boundary. Unfortunately, we haven’t been able to find any formal information about this. So, we're reaching out to this knowledgeable community to seek your opinions or any guidance you might have regarding what is typically considered an acceptable construction tolerance for a fence or where we can find some formal documentation regarding this so that we may provide it in proceedings. Your insights and experiences would be greatly appreciated as we navigate this situation. Thank you in advance for any assistance you can provide. Re: Construction tolerance 2Sep 06, 2023 11:48 am fencing act for your state might have what you need. However if they're going to Quote tolerances, ask them to provide you that documentation. One thing i whole heartedly dislike is when people say stuff with authority and cant back it up. I take it as a challenge and often the other party regrets it. Re: Construction tolerance 3Sep 06, 2023 1:33 pm Thanks for the reply. The fencing act just states "common boundary" and doesn't allow for any tolerances, however that may not be viewed as "reasonable". We would like to have something solid to provide back to them! Re: Construction tolerance 4Sep 06, 2023 5:21 pm verd Thanks for the reply. The fencing act just states "common boundary" and doesn't allow for any tolerances, however that may not be viewed as "reasonable". We would like to have something solid to provide back to them! You're not the one making claims about tolerance. Burden is on them Re: Construction tolerance 5Sep 07, 2023 6:06 pm Is the fence on the same line as the old one? what is it made of and what was the old fence. I know this would annoy me too but this is important info to give a decent answer. In new builds the boundary is pegged but a fence replacement often just follows the existing one. Re: Construction tolerance 6Sep 07, 2023 7:14 pm Pulse Is the fence on the same line as the old one? what is it made of and what was the old fence. I know this would annoy me too but this is important info to give a decent answer. In new builds the boundary is pegged but a fence replacement often just follows the existing one. Hi, thank you for your reply. The fence is not on the same line as the previous fence - photos show it is significantly more into our land. Instead of putting the posts on the dividing line as they were meant to, they've tried to put the end of the palings on the dividing line to maximise their area, causing the significant encroachment. Builders have told us that this was improper. The previous fence was a chain wire fence (as is common in our area), with the new one made of wooden palings. Re: Construction tolerance 7Sep 07, 2023 7:23 pm If the fence has been in position for 15 years in wrong location then you could have added complication of adverse posession claim. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Construction tolerance 9Sep 07, 2023 9:17 pm Vic Guide to Standards and Tolerances 2015 Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ My interpretation is that it must not encroach over boundary, therefore no allowable encroachment tolerance Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Construction tolerance 10Sep 08, 2023 5:43 pm i inspect..there is no construction tolerance or building tolerances. Your option to instruct council with your surveyors report as they would have possibly had to obtain a permit for the pool. If its built wrong, advise council who will send out an inspector. ..got exactly the same were a neighbor has installed a retaining wall and council went out confirmed not fitted correctly and has to pull it all down and start again. \ 7 3080 DIY, Home Maintenance & Repair That laser level looks lovely! We bought one for less than a quarter of that price off eBay. It worked really well for us and it's still going now, five years later. After… 1 16928 Hi, My home construction is complete, and the handover is scheduled next week. However the construction has been delayed and I have raised this to the builder. The… 0 5361 |