Browse Forums General Discussion 1 Sep 21, 2010 3:10 am Hi, I'm new to the forum, and and about to start my first NEW house (no more reno's yeah). I have an inner city block, 8m wide, and have had plans drawn and submitted to council, who have OKed them. I'm currently in the 21 day appeal period, reasonably confident my neighbour will appeal so she can try to negotiate the location of my garage, although it's within rescode, and their appeal will fail at VCAT if they proceed. It is the typical design with a 6m long 3m high garage built on the boudary. My neighbour would like me to move the garage 1M forward, and not build on the boudary, but then I loose one car spot. 2 years ago we had a new fence errected (neighbour arranged it) and they moved the fence 100mm onto my land while I was at work, so now the boudary and palings are 100mm more on my land than they used to be (they did a land grab so they could open their car door easier). To keep the peace I paid 1/2 because I thought what the heck, it will move when I build a new house. The architect says I need their OK to pull down the fence and build the garage where I want it, and I should negotiate and maybe move the garage forward (he is in over servicing mode $$$). Because it is on my land, I can't see where this is an issue because the neighbour would not have to contribute to the cost. Neither the fence act or VCAT seem to have an avenue /act section for getting a fence moved that is in good condition on my land. When they dig the foundations, taking due care, there is a possibility the fence will fall over, if I try to leave it in place, and i don't want to get the drawings altered and submit and amendment for 100mm shift of my garage. Can I just get a building permit up to the boundary ? and hope the fence doesn't fall over ? How do I keep my project moving, now the council supports it, and I know VCAT from experience says fences and boundaries are a civil issue, owners work it out, so VCAT will not ask for a design change if it's within rescode and the re-established survey boudaries. What is the next step to keep my project moving ?????. A talking dog, don't worry what it's saying, it's amazing it can even speak. Re: building on a boundary. 2Sep 21, 2010 11:29 am Are you planning to build to the true boundary or up to where the fence is now? Metricon Riva 33 - http://herlihy-riva.blogspot.com Site start 15/03/2010 - Handover 23/12/2010 9 months and 8 days (284 calendar days) from site start to handover Re: building on a boundary. 3Sep 22, 2010 12:29 am hmm i think you may have a problem with that 100mm because you agreed to it -hoping for some goodwill later- which is probably what I would do too. We're having fencing/boundary difficulties too and I remember reading that if the fence is not in line with boundary but both parties agree then it's legit; and that no one can 'act unilaterally' to pull down a dividing fence. That's in WA though so it may be different in Vic. ~*~Moved in on the 16th April 2011~*~ Re: building on a boundary. 4Sep 22, 2010 6:06 am I wanted to build to the true boundary, because it's brick and will there there for many years. As to agreeing to location, that was after I came home and it was moved, they cut up 100mm of a concrete driveway to do it, and expense in moving seemed a waste. Pulling down the fence, not sure about WA, but in /vic, if it's in serviceable condition. It seesm most of the laws are about getting people to 1/2, rather then moving a fence, and if it's no expense to the neighbour, I had hoped it would be easy. A talking dog, don't worry what it's saying, it's amazing it can even speak. Re: building on a boundary. 5Sep 22, 2010 6:30 pm In our council you must build to the correct boundary if building right on the boundary. It is not uncommon for fences to be not quite accurate. Therefore, you are usually required to get a surveyor to accurately determine where the correct boundary is and work to that. As to whose cost it is to pull down and repace, don't really know. Re: building on a boundary. 6Sep 23, 2010 2:52 pm I'm going through this at the minute. In my council (Maroondah, Vic) you ca build A. 150mm off the boundary. NO more, NO less. This means that you guttering will effectively be at zero on the boundary. B. 1200mm off the boundary or more. Either way you will/would have to get a re-establishment survey to check the position of the boundary. If you didn't get the survey done and its in the wrong spot you will probably have to rip it down. If your neighbor appeals and they make you move it 1mt, you shouldn't have to pay for the change. Your builder/draft person should absorb that. My builder charged a flat fee for up to 10 changes. No changes that required for recodes changes/legal are charge. I'm rendering the north wall of my garage when its finished at the request of my neighbor. He has a specific style of front garden and thought the brickwork would make it look odd. I agreed and offered to render, he shook my hand and said good luck with your build. Best thing is to talk it through first. All of my neighbors with adjoining properties know what we want to do and have been consulted in the process. 1 had an issue because I wanted a tree removed from his property as it has dropped branches every time the wind blows and I didn't want my kids/dog crushed or my new roof smashed. The other had to fix the drainage on his boundary as it was running off into my yard. Legal advice showed them that they would the issue regardless of the new house or existing house staying. Talk it out first and consult with them along the way to reach a compromise. Much easier You should be able to encase the sewer but you will need it designed and approved and access to lot 580 to do the work 2 17163 Hello, We are about to build and the plans show a part of the exterior wall is being built on top of a limestone retaining wall. Does this mean the retaining wall will… 0 6952 thanks Chippy, i hope they have applied sealer but i am doubt to be honest, so i am gonna do this job after handover. 8 16283 |