Browse Forums Building A New House 1 Apr 07, 2009 10:34 am Hi guys We're building on the boundary and have had the plans approved by the council. Now the side that we are building on the boundary has got a fence. We are not sure how to approach the neighbour and as him if it's ok with him for us to remove the fence while putting up this part of the wall. What are your suggestions? My partner is thinking of just knocking on the door and asking them if they have any objections. But what if they say no? Your suggestions would be greatly appreciated Re: Building on the boundary - how to approach the neighbour? 2Apr 07, 2009 10:38 am Dont ask for there permission, otherwise you will owe them a favour!! Just let them know what your planning on doing, and if there is anything that you should be concerned about or need to watch out for. Re: Building on the boundary - how to approach the neighbour? 3Apr 07, 2009 10:40 am I am not sure but are you building with a builder or are you owner builder. Our builder has given us a form to get signed by the neighbour stating that they are happy for our shared fence to be removed for that garage section of the house to be built. On the form it has a few options that we have to give the neighbour.......like would they like temporary fencing becuase of security issues, do they have a dog or kids to worry about. the other questions are how much notice do they require. There are a few other questions.....also. Ask your builder if they have a generic form or ask your council. Its much better to get these things in writing so there is no room for error later. Re: Building on the boundary - how to approach the neighbour? 4Apr 07, 2009 10:42 am Thanks guys... We're owner builders by the way Re: Building on the boundary - how to approach the neighbour? 6Apr 07, 2009 11:15 am Hi Gettingthere I agree with Borg, you are about to ask permission for something you don't need permission for, I would say. That can be seen as a sort of invitation to run your building proces from the other site of the fence, if you got the wrong kind of neighbours. The law must say something about building on a boundery and what to do with an excisting fence. Just follow this up, give neighbours notice in a polite way and you should be fine. We learned through experience (building for the third time, but for the first time in Australia) that you never know your neighbours until you start building and start approaching their fence. Overseas we ended up in Court while building an extension to our house on the boundery which was totally legal. We made the mistake to show the neighbours our plans and from that point it went all downhill. The neighbours lost the case but living next to them became very unpleasant. Some people can become quite feral if they think they can and without any reason. So I would say, know your rights, be firm but polite and solve problems you cause them quickly. If you are lucky to have nice neighbours they can become good friends in the proces. Good luck Re: Building on the boundary - how to approach the neighbour? 7Apr 07, 2009 11:40 am klscomps Check with your local council as there could rules and regulations that you legally need to follow. I just contacted the council and they pointed me to http://www.legislation.sa.gov.au/LZ/C/A ... .44.UN.RTF So is it the form on page 13 that we need to fill out? :S replacement, maintenance or repair work? :S Re: Building on the boundary - how to approach the neighbour? 8Apr 07, 2009 3:16 pm our brickies just came in and took the fence down and started building. Have your plans been through council, and did your neighbours get a chance to object and all that? If they did then they already have seen your plans and should know what's going to happen. That's what happened in our case. "Your emotions are the slaves to your thoughts, and you are the slave to your emotions." — Elizabeth Gilbert Living in our new house. Currently scaping the land. Re: Building on the boundary - how to approach the neighbour? 9Apr 07, 2009 3:23 pm I would go and knock on their door and have a discussion..... not to ask their permission, but simply as a common courtesy to give them a precise time frame. I'd never have a problem with a neighbour needing to access my block to build a boundary wall, or removing a fence to build the boundary wall..... BUT I would like the neighbours to have the courtesy to tell me exactly when that fence will be removed so that I can be prepared and have my dogs in a different area of the yard or inside. And when my DS was younger, I'd need to know so that he wasn't playing in that part of the yard unsupervised. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Building on the boundary - how to approach the neighbour? 10Apr 07, 2009 7:43 pm Agree that common courtesy is needed. Especially if they have pets or kids. Last thing you want is to have the fence pulled down and find their dog has run out onto the road and been killed by a passing car. In our case (being overseas) we got their contact details from the council and gave them a call. I didn't ask their permission, I simply explained what was going to happen and that the fence would be taken down. They did have a dog so we also had a temporary side fence put in place (since the fence needed to be removed at site works stage) As a legal requirement to build my garage against the boundary the council also published notification in the local paper and sent a letter to the neighbour giving them 2 weeks to object. Re: Building on the boundary - how to approach the neighbour? 11Apr 07, 2009 8:55 pm lucky for me the side that im building on the boundary has no fence, i went and spoke the the neighbors on the weekend and told them my plans, they were more than happy to wait untill building is finished to sort out a fence, lucky for me!, i'd say either go and speak to them and tell them the plans, or put a letter in their mail box explaining what building plans are going to happen, and leave a contact number if they have any concerns. Andrew Re: Building on the boundary - how to approach the neighbour? 12Apr 07, 2009 11:58 pm I'm doing an O/B and had to sort out a Protection Work Notice, Form 3 & 4 (In Victoria anyway) to both neighbours where building was on or adjacent to the boundary. This covers any potential damage and so forth. This is part of the building act and the neighbours have legal rights so its not something to muck around with. Just because you have planning permits doesn't mean you can just do what you like. A condition of my building permit being issued was that these forms were completed. I chatted to the neighbours first and explained the whole deal as most people wouldn't have a clue what it is for. Keeping everyone informed and happy makes the build so much easier. If you goto http://www.buildingcommission.com.au and look for "Protection of adjoining property", there is a PDF which explains it all, including the rights of you and your neighbours etc. Re: Building on the boundary - how to approach the neighbour? 13Apr 08, 2009 10:35 am dave- I'm doing an O/B and had to sort out a Protection Work Notice, Form 3 & 4 (In Victoria anyway) to both neighbours where building was on or adjacent to the boundary. This covers any potential damage and so forth. This is part of the building act and the neighbours have legal rights so its not something to muck around with. Just because you have planning permits doesn't mean you can just do what you like. A condition of my building permit being issued was that these forms were completed. I chatted to the neighbours first and explained the whole deal as most people wouldn't have a clue what it is for. Keeping everyone informed and happy makes the build so much easier. If you goto http://www.buildingcommission.com.au and look for "Protection of adjoining property", there is a PDF which explains it all, including the rights of you and your neighbours etc. Thanks for that! So this http://www.buildingcommission.com.au/re ... Notice.doc is the form I guess. I wonder why no-one in SA is following it... Re: Building on the boundary - how to approach the neighbour? 14Apr 08, 2009 10:36 am Oh, is this form only valid in Victoria tho? Re: Building on the boundary - how to approach the neighbour? 15Apr 08, 2009 10:31 pm gettingThere Oh, is this form only valid in Victoria tho? I had to do it in Vic, not sure what the rules are in other states but the state building body should be able to help. Have you spoken to your building surveyor? If they can't tell you what you need to do, maybe its time to find a new surveyor? Re: Building on the boundary - how to approach the neighbour? 16Jun 09, 2009 10:45 pm dave- gettingThere Oh, is this form only valid in Victoria tho? I had to do it in Vic, not sure what the rules are in other states but the state building body should be able to help. Have you spoken to your building surveyor? If they can't tell you what you need to do, maybe its time to find a new surveyor? We are getting a surveyor to do the identification survey and building set out. Hopefully they will be able to advise us regarding the fence :S 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 12659 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 5238 I like the bobcat idea - not too dear to hire either. Before doing that, maybe advise them you intend having all their stuff moved in the next 48 hours. 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