Browse Forums General Discussion 1 Feb 05, 2020 6:09 pm Hi all, building my first house and hoping for some help with fencing. My house is not built yet, not even a slab down but should be commencing soon. One side of my house has erected a fence prior to us purchasing the land. This fence is great, colorbond with a retaining wall to ensure fence remains one height the entire length. Recently however the other side has erected a fence, this fence is a different colour, has no retaining wall, has two levels of height due to land slope and upon inspection is scratched and scuffed (fence is 1 week old) I have received a letter from the owners on that side requesting I pay them for half the fence. My question is. Do I have any level of argument leg to stand on if I say "I'm willing to pay half, but first the fence needs to be of a satisfactory standard" I want the following. 1. Retaining wall and single height fence like opposite side 2. Potentially repaint the fence due to scratching and scuffing If re painting id like it to be the same colour as other side however worst case I can get past this. I have not been provided multiple quotes, just a single invoice of which he wants half paid No contact was made prior to work to discuss anything at all. Do I just have to put up with it and pay him, then pay myself to have it fixed, or should he have discussed it with me prior to fencing. He states in his letter "it was too late to contact you for erection of common fence in advance since my duplex was ready to fence to avoid our further losses" Any help is appreciated. Thanks. Re: Unsatisfactory fence. NSW 2Feb 05, 2020 9:49 pm I don't have any experience with this and apologies if you have tried these avenues already but seems the steps would be: Check with your local council website to see if any specific policy or regulations apply You may find the council have no interest if it doesn't need a DA and they have no development control so long as it complies with the NSW code for exempt development. https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/part2/div1/subDiv17 I think if exempt, the neighbour still has to issue you with a Fencing Notice if the cost is to be shared as per Dividing Fences Act: https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/part2/div1/subDiv17 The details which the neighbour must provide to you within a Fencing Notice (from Section 11) are:
If questions still remain, try this: https://legalanswers.sl.nsw.gov.au/neighbours-and-law/dividing-fences If you don't share costs you might find you have no comeback other than building a fence to your requirements but I'm not sure and bear in mind this is your new neighbour..... Sorry if you have tried looking at these already (or if this is in some way against forum guidelines) but might help. N.B. retaining wall is only required if retaining something. Your other neighbours' wall might just be a low wall on a slope. Re: Unsatisfactory fence. NSW 3Feb 06, 2020 12:05 pm I would suggest it depends if the other side is just a builder or is the owner. If they are a builder who will sell the house, I'd reject the invoice as you weren't consulted and didnt agree to that type of fence. If they are the owner - your future neighbor - you'll need to be much more accommodating as you'll be living beside them. In this case have a chat and explain what you would like, to see if they will consider at least some of your changes. You don't want to burn bridges with them believe me. Re: Unsatisfactory fence. NSW 4Feb 06, 2020 12:09 pm Hi guys, thanks for the responses so far. I've had it confirmed that the owner will be leasing out the property as an investment. Despite him not being my living neighbor I still don't want to go to war with him, so I'm happy to make it abundantly clear I am committed to 50% costs but only once the fence is satisfactory. Honestly what's happened is the fence is not a quality build and had it been the design I wanted i still wouldn't be happy with it, I've found out his other neighbors are disputing the height and the scratches also but are happy with colour as they do not have another side neighbor. I'm going to try and meet up and civally discuss the future. Side note. Fencer shares a surname with the owner of this house, could be coincidence, could be sketchy dealings... In NSW the maximum deposit for building work is 5% until the builder provides HBCF insurance 1 4831 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 8463 Hi all, We are looking to build a new two storey house in western Sydney. Can anyone recommend a smallish builder to go with? We are trying to stay away from the big… 0 12150 |