Browse Forums General Discussion 1 Jul 05, 2009 11:25 pm Our neighbour's house is currently under construction, but we found their double storey house only sets back <4 metres from the rear fence. The requirement is 5 metres. The huge house now is too close to ours, and blocked lots of sun lights. Does any one know what will happen, if we submit a complain to City Council?? Cheers! Re: HELP! the house setback doesn't comply with the requirement 2Jul 06, 2009 1:02 am Get in quick! You may find they have been granted dispensation from the council, and can do it. On the other hand, maybe they haven't, and they are relying on an independant certifier to hide it? In any case, lodge your complaint as soon as possible - the worst they can do is tell you they have allowed it. Re: HELP! the house setback doesn't comply with the requirement 3Jul 07, 2009 5:08 pm vicky_qj Our neighbour's house is currently under construction, but we found their double storey house only sets back <4 metres from the rear fence. The requirement is 5 metres. The huge house now is too close to ours, and blocked lots of sun lights. Does any one know what will happen, if we submit a complain to City Council?? Cheers! Are you absolutely sure that this requirement applies to all blocks? The reason I'm asking is that both of our neighbours blocks have 4m setback but we have 5m according to the plan. This is for front setback, not sure if this can differ for a rear fence one. Anyway, good luck to you. Re: HELP! the house setback doesn't comply with the requirement 5Jul 07, 2009 5:32 pm I have not come across a 4 met rear boundary setback. Normally it would be the same as the side boundary requirement - 1 to 1.5 met. miniumum depending upon which State & increasing depending upon building height, overshadowing north facing windows, private open space etc. Can you keep us updated. Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. Re: HELP! the house setback doesn't comply with the requirement 6Jul 07, 2009 9:58 pm ausdesign I have not come across a 4 met rear boundary setback. Normally it would be the same as the side boundary requirement - 1 to 1.5 met. miniumum depending upon which State & increasing depending upon building height, overshadowing north facing windows, private open space etc. Can you keep us updated. It would be more likely an estate requirement for the setback. Our estate requires 6 metres on most blocks and 4 metres on some.. Moved in December 2010 Re: HELP! the house setback doesn't comply with the requirement 7Jul 08, 2009 7:38 am Cleishy ausdesign I have not come across a 4 met rear boundary setback. Normally it would be the same as the side boundary requirement - 1 to 1.5 met. miniumum depending upon which State & increasing depending upon building height, overshadowing north facing windows, private open space etc. Can you keep us updated. It would be more likely an estate requirement for the setback. Our estate requires 6 metres on most blocks and 4 metres on some.. Is that for side & rear setbacks or front setback. Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. Re: HELP! the house setback doesn't comply with the requirement 8Jul 08, 2009 8:11 am I hope you get an answer real soon! When the block behind us started building, I was crossing my fingers it was only a single story Our estate has setback covenents as well, depending on your block size: 450-650m2 - 4m FRONT and REAR 3m SIDE 650-850m2 - 5m FRONT 6m REAR 3m SIDE 850-2000m2 - 6m FRONT and REAR 4m SIDE Building a Modified Lawson Modern 29 @ Botanic Ridge, Cranbourne South, Victoria Re: HELP! the house setback doesn't comply with the requirement 9Jul 08, 2009 9:02 am Hi all Sorry about the late reply. I double checked our estate building code, found out "if the back wall is less than 3.6 mt high, the setback from the rear fence is 3.6 mt", so probably that means they can setback 3.6 mt, even with double storey, as the lower level is not over 3.6 mt high. Anyway, I emailed to the city council already, haven't got any reply. P.S. Just found out my neighbour are very nice people, when we discussed fence issue, they left decision to us, as long as we are happy, they are happy. I am feeling so bad for making this complain. Re: HELP! the house setback doesn't comply with the requirement 10Jul 08, 2009 12:26 pm So, minimum 3.6 rear setback for areas under 3.6 m high. This means only a single storey is possible at the 3.6 m setback. What you need to check is how far back does the second storey begin. If it's far back enough then the lower level will completely block the view to the second strey. Make sure that the 3.6 m high section is not a balcony to avoid that complication. Hope this all maeks sense. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: HELP! the house setback doesn't comply with the requirement 11Jul 08, 2009 1:38 pm Casa2 So, minimum 3.6 rear setback for areas under 3.6 m high. This means only a single storey is possible at the 3.6 m setback. What you need to check is how far back does the second storey begin. If it's far back enough then the lower level will completely block the view to the second strey. Make sure that the 3.6 m high section is not a balcony to avoid that complication. Hope this all maeks sense. the second level is about 5.7 mt back of the lower level. Re: HELP! the house setback doesn't comply with the requirement 12Jul 08, 2009 7:17 pm So, the problem is not so much the 1st storey 3.6 metres from your fence, but the second storey 5.7 m back. The 2.1 metre inset of the 2nd storey won't give you much privacy. Ironically, you want the 1st storey to be closer to the back fence to offer protection from the 2nd storey! Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: HELP! the house setback doesn't comply with the requirement 13Jul 12, 2009 5:23 pm Can i just ask if you spoke to your neighbour about the issue? The reason i ask is, our neighbour (who throughout construction was quite pleasant to us and we were thrilled that we would have nice neighbours) lodged a complaint about a retaining wall (i know completly different reason to what you have posted) that we built and that delayed us getting our occupancy permit. If they had of come to us in the first place, we could have showed them engineering etc etc etc and it wouldn't have gotten to the point that it is now (we ignore them). There might be a simple explanation for the setback and if they are reasonable people you can avoid going to council......just speaking from experience! Thanks Draftroom that definitely helps a heap. We are still at the very early stage of planning to see what kind of house would fit on our plot. While we are on a… 3 15770 thanks guys! yes this is how I've exactly raised it with the builder. still awaiting response. 12 6052 Hi All, see above image. The required setback from the rear boundary in my case is 5m, as you can see the shape of the site and location of the boundary is slightly… 0 8453 |