advice on complaint against windows overlooking neighbours
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Can i get advice from you guys on rules around windows overlooking neighbours?
My house was built in 1993 and we bought it in 2017. Just recently, we received an email from the local council that they had been made aware of clear glass windows overlooking neighbours. They accused us of changing to clear glass windows which we never did and asked us to reinstall frosted glass windows. The overlooking window is from a bedroom where my elderly parent lives and you can see probably only the sink in the kitchen and some parts of backyard of the neighbour. The neighbour's house is a single storey and we have no contact with her as she is very unfriendly. Our house is the last of the 3 townhouses in the lot and all of the houses have same clear glass windows. I want to find out what arguments i can use against the council decision. I just find this whole thing unfair.
Thanks all.
Stewie
The odd thing now too is that bedrooms that overlook have to have obscure glass to at least 1.7M above floor level, but the bathrooms are normally clear! If you want privacy in the bathroom, you have to request obscure glass?
This is an extract from vba.vic.gov.au (Victorian) Part 5 of the Building Regulations 2018 relating to overlooking.
Previous owner's plans showing their solution to overlooking (using an extension to the fence):
Best to refer to the building plans that would have been submitted to council regarding overlooking and overshadowing!
What State are you in ? Overlooking provisions have been in place for quite a while but they do vary from state to state.
I m in Victoria.
If your property was built before the neighbour's one, then there was no overlooking issue (onto vacant land)!
The odd thing now too is that bedrooms that overlook have to have obscure glass to at least 1.7M above floor level, but the bathrooms are normally clear! If you want privacy in the bathroom, you have to request obscure glass?
This is an extract from vba.vic.gov.au (Victorian) Part 5 of the Building Regulations 2018 relating to overlooking.
Previous owner's plans showing their solution to overlooking (using an extension to the fence):
Best to refer to the building plans that would have been submitted to council regarding overlooking and overshadowing!
The odd thing now too is that bedrooms that overlook have to have obscure glass to at least 1.7M above floor level, but the bathrooms are normally clear! If you want privacy in the bathroom, you have to request obscure glass?
This is an extract from vba.vic.gov.au (Victorian) Part 5 of the Building Regulations 2018 relating to overlooking.
Previous owner's plans showing their solution to overlooking (using an extension to the fence):
Best to refer to the building plans that would have been submitted to council regarding overlooking and overshadowing!
Thanks!
I think the neighbour house was already built before our house.
If your property was built before the neighbour's one, then there was no overlooking issue (onto vacant land)!
The odd thing now too is that bedrooms that overlook have to have obscure glass to at least 1.7M above floor level, but the bathrooms are normally clear! If you want privacy in the bathroom, you have to request obscure glass?
This is an extract from vba.vic.gov.au (Victorian) Part 5 of the Building Regulations 2018 relating to overlooking.
Previous owner's plans showing their solution to overlooking (using an extension to the fence):
Best to refer to the building plans that would have been submitted to council regarding overlooking and overshadowing!
The odd thing now too is that bedrooms that overlook have to have obscure glass to at least 1.7M above floor level, but the bathrooms are normally clear! If you want privacy in the bathroom, you have to request obscure glass?
This is an extract from vba.vic.gov.au (Victorian) Part 5 of the Building Regulations 2018 relating to overlooking.
Previous owner's plans showing their solution to overlooking (using an extension to the fence):
Best to refer to the building plans that would have been submitted to council regarding overlooking and overshadowing!
Thanks!
I think the neighbour house was already built before our house.
Here is the link to the Siting document, it's a PDF that you can download and read, it has all the regulations regarding overlooking, whether it be to ground, or to neighbour's windows, and what is required.
https://www.vba.vic.gov.au/__data/assets/pdf_file/0010/99388/PN-47-Siting.pdf
Or maybe you can appeal against the council if you feel it is unjust as obviously the house has been like that since before you moved in?
https://www.vba.vic.gov.au/about/building-appeals-board
I thought bedrooms were treated different than common living areas, but anyway if the council has said it needs something to give the neighbors some privacy, maybe you can put in a privacy screen over the bottom part of the window and keep the top clear to allow full light in.
There is a difference between habitable rooms and "utility" rooms (Kitchen/Laundry/Bathroom) But Bathrooms are treated differently again as they're required to have obscure glass to prevent looking in from all other allotments (vs Overlooking protections which are specific to an individual development looking into another individual development)
If they have the evidence that is fair and reasonable, if not. Councils municipal surveyor can deal with your neighbour direct.
Dont waste any of your time and money for a request the council has the answer to. Sometimes I find councils just bend the knee to complaints to please those who do so.
Good luck
The council simply said that it was part of the original permit and asked us to change the windows to obscure glazing. We got the windows films to make it obscured (can't be bothered fighting anymore) and just waiting to hear back from Council, who probably stopped working after lockdown started.
Thanks all for your comments.
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Thanks for the advice mate. I'm on it.