We're planning a new build in Victoria and no planning permit (aka DA) is required. We've engaged a private (non-council) building surveyor to assess the plans and issue our building permit.
We tried to be good neighbours and proactively disclosed our plans to the next door neighbours. They seem to think that the plans are non-compliant with ResCode (aka siting requirements in the Vic Building Regulations), even though our architect confirmed that they're not (although there is a bit of grey area and room for different interpretations).
We're concerned that they will try to block or object to our building permit application. Is this possible and, if so, how would they do this and how should we prepare? Could they contact our building surveyor directly or take us to VCAT? I don't think the council will help them if they try to contact the council.
Any advice or experience would be much appreciated!
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Browse Forums General Discussion Re: Block or Object to Building Permit? 3Nov 06, 2023 5:15 pm Relevant Building Surveyor determines compliance and if satisfied will issue the building permit. You then have the right to build your home in accordance with the building permit. Anyone trying to stop your build would need to get injunction. If then they are right your RBS is liable for damages. If they are wrong then they are liable for your economic loss. Before it all gets legal you should carefully have objections assessed and if valid atone your design. 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  06 Jun 2018 9 Junior Member Re: Block or Object to Building Permit? 4Nov 07, 2023 8:16 pm  building-expertRelevant Building Surveyor determines compliance and if satisfied will issue the building permit. You then have the right to build your home in accordance with the building permit. Anyone trying to stop your build would need to get injunction. If then they are right your RBS is liable for damages. If they are wrong then they are liable for your economic loss. Before it all gets legal you should carefully have objections assessed and if valid atone your design. Thanks. So they’d need to go to court to get an injunction? That seems pretty unlikely and also expensive, so I’m not sure they’d do that. Is there any other way they could challenge the building permit more easily (e.g., asking the council to get involved, or appealing to some sort of building authority or tribunal)? If I went ahead and got a licensed builder to build up to Lock up - do I need to get an Owner Builder Permit to finish the work for OC? 0 7407 Nothing yet, have been distracted this year with work related projects and a new kid but hoping to start building one way or another early next year. Will keep you posted 3 45879 We are building with Metricon which include the driveway. We closed the existing driveway and open new one. They told us that we need to get permit from transport nsw and… 0 4661 |
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