Browse Forums General Discussion 1 May 17, 2010 9:33 pm Hi there, A new house (knock down job) is about to be built next door, with a garage wall 150mm from our shared boundary. The owner has advised that a section of the fence needs to be removed to construct the garage - I kind of get this and I would be much happier to look out at clean mortar joints, but they have confirmed that the fence will not be replaced when the build is complete. Can anyone please advise if this is normally the case? Yes, no fence required if building on the boundary but surely so if 150mm off boundary. Also any advice on my rights in regard to construction of a temporary fence would be much appreciated - I have small kids and pets that need containing. I have checked Fences Act but doesn't seem to cover. I am in the leafy eastern suburbs of Melbourne. Thanks for your advice, OTF Re: Fence removal required for building 150mm from boundaay? 2May 17, 2010 11:02 pm Hi, Technically they can build the brick wall without removing the fence by laying the bricks from the inside but it is more time consuming and a bit fiddly to do so. You could then allow them on to your property to clean the bricks that are seen above the fenceline. In saying that, it is quite common in my estate which is about 6-7 years old, (North of Melbourne), for the fence to finish at each end of a garage wall and have a small return for the 150mm setback. Some things you need to take into account before making your decision are : - Will they provide temporary fencing to ensure your kids and pets are contained - Would the temporary fencing impact on any garden beds etc. that are on your property (remembering that they will need it set back on your property far enough to give room for the bricklayers, etc.) - Is it only side fencing that they are proposing to remove or is there some fence between the side fence and the side of your house that will also be impacted - Have you got any garden beds/plants in this section which could be damaged either by the work or the brick cleaning (often the bricks are acid washed to clean them) - How strong is the relationship between yourself and the neighbours - What type of guttering is going on this brick wall (ie. my colorbond fascia and gutter measures 230mm which would mean an 80mm overhang on your property) If you do go ahead with allowing them to remove the fence etc., make sure that you have it in writing that they are to repair any damage to your property. Also make sure you take plenty of photos of the area prior to them removing the fence so that you have proof of what condition the area was in before they started work. Good luck, hope it all works out well for you. Re: Fence removal required for building 150mm from boundaay? 3May 18, 2010 8:49 pm We're doing same (garage 150mm off boundary), we informed the neighbour's landlord that we'll be taking down the side fence, and replacing it when the build is done. Our builder put up temp fencing, but we had to plug all the gaps as the neighbour's dog was getting past and walking through our house every day We were going to put back the 4 panels of timber paling fence we took down, but 2 sections got destroyed in the site scrape, so I'll have to pay the fencer to construct those 2 sections of fence. T&T Knockdown and rebuild - building Metr1con Nolan 41 (43) @ http://tim-and-tina.blogspot.com! http://www.verdantdental.com.au Re: Fence removal required for building 150mm from boundaay? 4May 18, 2010 9:40 pm Thanks klscomps - really useful advice. I have sent the owner suggesting that the fence shouldn't be removed and that I would be happy with messy mortar joints below the fence line. I didn't think of the guttering issue you mention - I haven't seen the full plans and the building company haven't responded a letter I sent them 4 weeks ago - not holding out much hope there! Slnkv - this is just what I fear, that my dog would get through the temp fencing and then be straight out onto the road. If this happened at your site and your neighbours dog got injured (heaven forbid killed) would you be then? Re: Fence removal required for building 150mm from boundaay? 5May 18, 2010 10:46 pm over the fence Slnkv - this is just what I fear, that my dog would get through the temp fencing and then be straight out onto the road. If this happened at your site and your neighbours dog got injured (heaven forbid killed) would you be then? over the fence: hey, don't get me wrong - I was laughing at the fact their dog got to see more of our house than we did, but we didn't want their dog to get loose either. Our jack russell ran away for one night last year and it was like losing a family member! Fortunately our house is secured at the front by another fence so the neighbours dog never got onto the street, and we got the side fence secured. Knockdown and rebuild - building Metr1con Nolan 41 (43) @ http://tim-and-tina.blogspot.com! http://www.verdantdental.com.au Re: Fence removal required for building 150mm from boundaay? 6May 18, 2010 11:04 pm I would tell your neighbour that if they need to remove the fence to construct, then they need to provide suitable temporary fencing during construction and also replace the fence (both at their cost) when they're done. Built a Tribeca 44 with the Big M Sales Accept 15/06/09, Contract Signed 24/09/09, Site Start 23/11/09, Slab 11/12/09, Frame 12/01/10, Roof 20/01/10, Lock-up 30/03/10, Fixing 30/04/10, Handover 27/08/10. Re: Fence removal required for building 150mm from boundaay? 7May 20, 2010 2:16 pm I agree with jimmalenko. We recently were faced with this dilemma but from your neighbours perspective. Our builder wanted us to remove the fence between our properties (though we're 500mm from fence) to brick the garage. After thinking about the hassles it would cause our neighbour (they also have a dog) and knowing we'd be responsible for returning everything to it's current state (including their garden beds etc) we told the builder to do the bricking from inside and we'd wear the extra cost. It was about $800-900 more but I'm glad we chose to do that. Re: Fence removal required for building 150mm from boundaay? 8May 22, 2010 9:45 pm Thanks everyone - and of course all costs would be their responsibility - they're doing the building afterall. I had a really good look at the site today and the survey points - the fence is right on the boundary at the front of the property, but is crooked so by the time it gets to the back, I've lost about 1 metre. So that means they have to build even further away from the fence. I'm not going to let them take it down and I'm going to keep an eagle eye on them to make sure they don't 'steal' any land from me by measuring from the fence as opposed to the boundary line. I'm ringing the council building inspector on Monday and going to get them straight out to have a look. Re: Fence removal required for building 150mm from boundaay? 9May 22, 2010 10:25 pm Do you know how the fence ended up where it is or was that before your time? Good on you for getting the council out - I'd be watching every move they make just in case any other issues go against you!! Keep us informed. Re: Fence removal required for building 150mm from boundaay? 10May 22, 2010 11:10 pm Hi klscomps, We've lived here for about 6 years and the fence was in situ - it's in really good condition, some parts haven't even greyed yet. I'm hoping that it's not more than 15 years old, otherwise god help me the neighbour might be tempted to claim adverse possession. If it wasn't for our dog (the original reason for refusing removal) - I'd knock the whole thing down and claim the wedge of land that is rightfully mine. I'm taking the sting, tape measure and camera with me tomorrow - apparently they are going to start on Monday. I'm completely over the fence! Re: Fence removal required for building 150mm from boundaay? 11Sep 12, 2010 2:58 pm i cant believe what im reading wouldnt u rather have neighbours that you get along with rather then neighbours that you dont get along with. fair enough if they are buiding over onto your land but if their not tie your dog up for the 2 months MAX that it will take to put down a slab then 1 wall of a garage supervise your kids in those 2 months when there outside and have a healthy relationship with the people you are going to be living next to for years to come who could oneday feed your dog while your on holidays if they are building a home its costing $250,000 minimum, im sure they can fork out $1000 to fix whatever garden bed or plants they damage its becoming a sad sad world that we live in Re: Fence removal required for building 150mm from boundaay? 13Sep 12, 2010 3:58 pm Melly03 Wow...I'm not sure if the RSPCA would really appreciate klscomps' dog being tied up for 2 months. I'm sure the dog wouldn't either wow i apologize i didnt hear the news that they stopped making chains/ropes longer then half a meter anymore also the new law that forbids walking dogs they now must all be locked securely in backyards Re: Fence removal required for building 150mm from boundaay? 14Sep 12, 2010 4:47 pm Just another perspective, we have to remove and replace all three fences, and we provided temp fencing for both neighbours, no q's asked. It only cost about ~$500 for both sides, one side has a small dog so we asked for extra mesh down the bottom. I know budgets are tight when you build, but we live on a main road and I would hate to have no fencing between me and a vacant block, especially as both neighbours are single women. Also OT a bit but We've since discovered that our boundary is out as well and the neighbour has encroached on our block by about 40cm. She's not the most easygoing person anyway so I'm dreading her reaction to the new boundary when she see the new fence being installed ~*~Moved in on the 16th April 2011~*~ Re: Fence removal required for building 150mm from boundary? 15Sep 12, 2010 9:28 pm Thanks und_cvr - I don't consider tying my dog up all day an option. If it only were two months! The site was scraped at the end of May at which time some star pickets were knocked in to hold the fence up from the other side. It's midway through Sep and there is still almost a metre drop on the other side and no sign of a retaining wall. Why should my dog suffer? This is an established area with established fences - what is wrong with people when they think they can come in and demand a fence to be removed because they are building a house? BTW - the house was a rental and hopefully will continue to be - I'll go out of my mind if the owners decide to move in! Re: Fence removal required for building 150mm from boundaay? 16Sep 12, 2010 9:42 pm I think the banter in here is more around what legal requirements exist for council approval works to property. I don't think anybody is condoning locking your pooch up, but at the same time you cannot legitimately stop legal, approved works or be subject to unreasonable requirements. I suggest you discuss the nature of works with your neighbor and come to a mutual agreement rather than assume they are required to pay for any inconvenience to you. Building regulations are fairly standard and having fences down for works is common. I would be surprised if a condition of such work is subject to providing enclosure for animals. Answer speak to your neighbour and the council. Did you not lodge an objection at the time of planning? Re: Fence removal required for building 150mm from boundaay? 17Sep 13, 2010 10:42 pm Thanks for the tip Eve Dweller. Back in March when we were first advised that building would commence I was a bit naive - but after all the research I have done on the subject I hope I am able to pass this on to others. As the build is replacing a like for like (knock down single storey with new single story - don't get me started on lack of architectural integrity) there was no requirement for a planning notice to be put up on the property and hence I had no opportunity to object. However, the matter of a fence is a civil one and under no circumstances can a council / building surveyor issue a permit that means that a fence or portion must be removed. After all I own 50% of that fence - any decisions about it are by mutual agreement between owners. The reason fences are often taken down for building works is to make it easier for the builders and therefore cheaper. Re: Fence removal required for building 150mm from boundaay? 18Sep 14, 2010 9:50 am I am surprised at the people who think it should be totally acceptable to put others out for their builds, including pulling down fences. If neighbours agree that's fine, but if it doen't suit them that should be fine too. Even more surprised at those that think the building neighbour shouldn't have to provide for keeping animal in while it is down. Our council issues up to a $900- fine for dogs 'wandering at large' which means them going anywhere outside the owner's boundary (ie even 2cm). Would the people building be happy to pay the fine if the neighburs dog escapes? And they may not have an area to put a kennel and tie a dog up for months, let alone change their daily routine to walk it to make up for the change in exercise. And why should they have too Not to mention there are dogs who will bark constantly if chained up instead of yarded. Re: Fence removal required for building 150mm from boundaay? 19Sep 14, 2010 7:27 pm und_cvr i cant believe what im reading wouldnt u rather have neighbours that you get along with rather then neighbours that you dont get along with. fair enough if they are buiding over onto your land but if their not tie your dog up for the 2 months MAX that it will take to put down a slab then 1 wall of a garage supervise your kids in those 2 months when there outside and have a healthy relationship with the people you are going to be living next to for years to come who could oneday feed your dog while your on holidays if they are building a home its costing $250,000 minimum, im sure they can fork out $1000 to fix whatever garden bed or plants they damage its becoming a sad sad world that we live in I can't believe what I'm reading either. It's the neighbour causing the disruption and if they want to get along with their neighbours they should cough up for the temporarily fencing. Good grief even when they took out fencing to put deep sewerage through my block they put up temporary fencing for my dogs. Telling someone to tie up their dogs for months is just wrong. You might think it's ok but there are plenty of dog owners who do not, and if you want to get along with your neighbours, you don't expect them to treat their pets this way just because it might be easier and cheaper for the person building Had a new driveway installed with a 6 metre long 150 x 150 channel drain and have since found out it has 4cm of water sitting at the bottom below the side pipe… 0 4737 DIY, Home Maintenance & Repair At a bit of a loss on this one - we're thinking the original owners never removed the protective laminate covers from their kitchen cabinets after installation and in the… 0 6441 Hi, planning on using the attached stone pieces in my bathroom. I want to remove stains and gloss seal. Can I get some advice on best way to remove stains and best… 0 6809 |