Mar 22, 2021 9:35 am
If a brick garage wall has to be built on a boundary, and the neighbour wont provide access is it still possible?
The concrete slab is about 70cm above the ground, and footings will need to be installed in this situation.
There is boundary and temporary fencing about 10cm in front of the slab & frame, which the neighbour said can't be removed.
Re: Brick Wall on Boundary2
Mar 22, 2021 10:07 am
if you think about the logistics, it can be done. What's more likely to occur though s that the brickies will ignore the neighbours request and will move the temp fence as the neighbor is unlikely to be present when they do the job.
Re: Brick Wall on Boundary3
Mar 22, 2021 12:52 pm
Thanks Noname. The builder tried to take advantage of these particular neighbours, so they are unhappy. The builder, with their building surveyor, did not do the Report & Consent Application for the various building regulation non-compliance that was going to detrimentally impact the neighbour's home. I am actually the neighbour and I was wondering why the brickies were still going on with the build as is, but your comments have given me some insight.
Re: Brick Wall on Boundary4
Mar 22, 2021 1:35 pm
Interesting. I'd be curious to know more about the advantage they took of you in this scenario.
Regarding the R&C application, are you able to share what non-compliance you're referring to? Its a pretty serious accusation so you may want to dot your i's and cross your t's. For example, in Victoria I can overshadow my neighbors home without an R&C if i get my building permit app and start building before you have your occupancy cert. There's no non-compliance in that scenario.
Based on what you say, there are bigger issues to deal with than allowing brickies on your property to do the neighbors wall. Not allowing them on to your property to do the job may further affect your enjoyment of your home in way of having a poor looking wall facing your property.
Just remember that your neighbors aren't likely responsible for the alleged behavior either, but your actions are impeding them personally. The builders likely wont care about the stink you make, but you can be sure that your neighbors will remember. So not a great start to your relationship. On the other hand, if you've already tried to resolve your concerns with the neighbors and they're not helpful, then there's nothing lost I guess.
Re: Brick Wall on Boundary5
Mar 22, 2021 3:05 pm
Hi Noname - We tried several times to resolve the issues with the neighbours and were ignored (yes, we alerted them to the non-compliance, in case they had not been advised). We were ignored, until we refused to let them have access to our side and served a Fencing Notice on them, and then we had some communication.
There are more issues than just the non-compliance with this construction site (ie damages to our property that we have been chasing for over 7 months to get fixed to no avail, but there is more than just that). The most serious issues are the non-compliance.
The site has already had two Stop Work Orders issued by Council. The Council and the VBA are both fully aware of the issues with this construction site, and the VBA has an investigation underway.
The non-compliance that would have detrimentally impacted our property included not complying with Build Reg 84 (Overlooking) and Build Reg 85 (Daylight to Habitable Room Windows). These would have led to our property being devalued. There is also non-compliance with Build Regs 76A and 79. We suspect there might be an issue with the average height of the garage wall along our boundary, but this has not been ascertained.
We definitely have our i's dotted and t's crossed. This is not in a new estate and our property is an existing dwelling in Victoria, so the scenario you described does not apply.
Re: Brick Wall on Boundary6
Mar 22, 2021 3:11 pm
gotcha. interesting that its progressed this far to be honest. though its good to hear that there are people already aware of it (council and VBA). the impression i had from the original post was that these guys were getting away with stuff without any challenge.
Would be interested to hear how this progresses, especially how the overlooking is resolved if plans have alewady been approved as that would be a council f up. through its possible, they approved one set and the builder has decided to continue outside ofg the approved plans.
Re: Brick Wall on Boundary7
Mar 22, 2021 4:06 pm
As the adjoining owner we have felt at times that we have no rights (ie powerless), but we have also had some wins. Its just been a long and arduous process.
In regards to the overlooking, they had to obscure the windows that face us. There is also a landing and two doors that regrettably appear to be compliant with Build Reg 84, so we are very likely to lose the argument that these are overlooking us.
The non-compliance with Build Reg 85 has been resolved by the eaves being cut back to the facade (this happened in the framing stage).
Both of the above solutions happened after the first Stop Work Order was issued by council. We attempted for several weeks prior to get both the builder and building surveyor to comply, but they just kept constructing, so I sent an email to council detailing the situation and the Stop Work Order was issued.
However, the builder showed us the varied endorsed building plans after the first Stop Work Order and we noticed they were still not complying with Build Reg 76A (this is mandatory), but also picked up on non-compliance with Build Reg 79 (along our boundary) that we hadn't noticed previously. This led to the second Stop Work Order.
At this point I have a FOI with council to get the latest varied, endorsed building plans, so I don't know how the above matters have been resolved.
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