Browse Forums Building A New House 1 Mar 01, 2009 4:31 pm I am building on a block of land which has restrictive covenants outlined in the section 32 which applied to all in that estate (so I was told by the agent). One being that you are resticted to build within 3 metres of your back fence and you can only have a single dwelling on the block.
Well on my side fence I have two neighbouring blocks. So my side fence to one of the blocks is there back fence (I hope that makes sence). They have finished building and reciently have put up a frame to build a second dwelling (more like a granny flat) in that 3 metre clear zone and only 500mm to 600mm (thats just the frame with the brick it will be closer) to the fence. This new building its outside two of my bedrooms windows and eventhough its not on the north side of the house it seems like it is imposing. There will practically be no sky visible from those two rooms. I know the rescode says that you can't build within 1m from the fence. My neighbours didnt even say they were going to build an extra dwelling/building. The council dont want to know anything about the restrictive covenant but they didnt even have this extra building in there system so they dont even have permits. To think I let my neighbour use my property when it was vacent to drive trucks in so they can put in a pool and pull down half the fence so they didnt have to higher cranes. Surely something is not right? Is the system that flawed? Does anyone know about these kind of issues? council and covenants 2Mar 01, 2009 5:38 pm Hi Caroline, actually I believe from memory (after having an issue with neighbours) that if council has land in the restrictive covenant they can do something about breaching the covenant - ie if there is a park or open space within the estate they should do something, otherwise if they are not breaching building codes then you would need to take civil action. Will have a look in my long list of favourites to see if I kept the actual wording! Re: Restrictive Covenants, Rescode, no permits, can you help? 3Mar 01, 2009 5:39 pm Hi Caroline
Sounds very ******* to me. How does anyone try to build anywhere, let alone on a new estate without council permission? Could the new structure be a garage, or garden shed? How large is it? is there any plumbing, internal divisions etc? Surely the council will now step in and stop it from being built. Either way, it sounds reasonable for you to raise an objection. That should force council to act. I don't think they can say "there's no permission anyway so you can't object". Maybe it's worth considering simply asking the neighbor what they're up to. You have a perfect right to object if it decreases the amenity of your property and they should be adult enough to understand this. Neighborliness (any such word?) only goes so far and it shouldn't rely on one party trampling on the rights of another. Good luck. Cheers zeke Re: Restrictive Covenants, Rescode, no permits, can you help? 4Mar 01, 2009 5:57 pm zeke Could the new structure be a garage, or garden shed? How large is it? is there any plumbing, internal divisions etc? zeke From what I can see and mesuring off from my plans this building is about 5m by 4m, its not a garage because the pool resticts car access. Its frame is a bit much to be a shed because it has windows on the opposide side to the fence. If I can figure out how I will upload some photos I took. You would think council would step in. Re: Restrictive Covenants, Rescode, no permits, can you help? 5Mar 01, 2009 6:05 pm Hi Caroline,
did a quick check - here is the link http://www.dse.vic.gov.au/CA256F310024B ... uncils.pdf it says 9 Do municipal councils have to enforce restrictive covenants? This question was commonly asked during consideration of the Bill. A municipal council is not currently required to prosecute for breach of a restrictive covenant. Prosecution is a private matter for the parties who get the benefit of the covenant. A council may currently prosecute a breach of a restrictive covenant if it personally benefits from the covenant (eg its owns land benefited by the covenant). These arrangements continue to apply under the Act. It continues on so worth the read - when I pointed this out to Council they actually did enforce (or the offending object was removed at the same time). Hope it helps - BTW the neighbours have and had no idea about this or who may have said something - much nicer that way! Does not matter how friendly you are with your neighbours if it is their land they will think it is their land! Re: Restrictive Covenants, Rescode, no permits, can you help? 6Mar 01, 2009 6:19 pm My house is 1.1m from the fence so I think the neighours building is closer then 1m based on the rescode, not to mention the covenent says you cant build within 3m. Plus the council didnt know it exists.
I would like to speak to my neighbour but what do I say? what if he tells me to fruit off? (fruit for want of a better word!) I cant post a picture it wont let me but I will try to post one tomorrow from work. Re: Restrictive Covenants, Rescode, no permits, can you help? 8Mar 01, 2009 6:39 pm I would be tempted to tell my neighbour to fruit off... but in the interests of good neighbourliness, have a chat and ask him what the structure is and say "did you know that there is a restrictive covenant... etc." as though you think he doesn't know. Maybe he doesn't know? This could cost him considerably if he has to demolish it.
It's the land developer's covenant and he should care if someone is breaching it because it will devalue his land bank. So tell the developer. Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Restrictive Covenants, Rescode, no permits, can you help? 9Mar 01, 2009 9:16 pm Maybe it is a pool house / cabana if they have a pool near it? Check with the local council - they would have had to submit plans possibly? Some things are worth waiting for. Re: Restrictive Covenants, Rescode, no permits, can you help? 10Mar 01, 2009 9:27 pm Hi Caroline, Are you building In arbour on the park or the tentifield estate.
If it is arbour on the park I know they take breaches seriously and will follow through, My neighbour was telling me how they where goign to take a home owner to courn over a facade which didnt comply. Re: Restrictive Covenants, Rescode, no permits, can you help? 11Mar 01, 2009 9:44 pm 5m X 4m sounds like a garage or large garden shed, unfortunately they may not need permits or breach the covenent.
If it is a granny flat, order 1 cubic metre of gravel, and practice bouncing the gravel off the shed roof into the pool. Granny will soon move out. j/k Hope you can do something about it, but the shed might be allowed. Hi Everyone I learned something this week that I thought would be worth sharing. In NSW a lot of developers of subdivisions put covenants on the land which normally… 0 6563 2 10987 Hey everyone Not for me or anyone I know, just generally interested. For a single allotment house, are you allowed to take the fence on both sides of your house and… 0 20889 |