Browse Forums Building A New House 1 Nov 24, 2010 4:20 pm HI My garage wall is higher than Rescode requirement. I need to get the neighbors consent before apply for building permit. Next door owner and said they need to talk to their solicitor before sign the drawings. I didn’t know about this issue till I sign the contract. My builder gave me drawings and asked me to get the signature. This is what I want to know Who is responsible to get their consent? What will happen if they object? Do you have any experience with this type of issues? Thanks in advance MM Re: Garage wall height - Dispensation 2Nov 25, 2010 1:01 pm Hi MM, it's really up to your good relationship with the neighbours whether they want to consent. They will look at it from the point of view of lost visibility. It's easier if it butts up against their garage but you haven't mentioned if it does or not. If they object, then it's up to council to determine if you can still go ahead. You may have to take it to VCAT. An alternative is checking where the problem is with the builder. If it is just over the 3 metre height restriction, then understanding that this is measured from Natural Ground Level is an option. That means, you may be able to dig your Garage down under natural ground by the amount you are over the limit. That way the garage wall is at the correct 3 metre point but the floor of your garage may need to be lower than ground and therefore a step up into the house may solve the problem. SK Build thread: viewtopic.php?f=31&t=34120 Handover 23 Dec 11 Squatting 21 Dec 11 Fixed 12 Oct 11 Plastered 31 Aug 2011 Framed 7 June 2011 Site Start 7 Feb 2011 Land Titled 18 Jan 2010 Land Deposit 25 Jun 2009 Re: Garage wall height - Dispensation 3Nov 25, 2010 2:05 pm Eskay40 Hi MM, it's really up to your good relationship with the neighbours whether they want to consent. They will look at it from the point of view of lost visibility. It's easier if it butts up against their garage but you haven't mentioned if it does or not. If they object, then it's up to council to determine if you can still go ahead. You may have to take it to VCAT. An alternative is checking where the problem is with the builder. If it is just over the 3 metre height restriction, then understanding that this is measured from Natural Ground Level is an option. That means, you may be able to dig your Garage down under natural ground by the amount you are over the limit. That way the garage wall is at the correct 3 metre point but the floor of your garage may need to be lower than ground and therefore a step up into the house may solve the problem. SK Thanks SK I have never seen the neighbour. it is a rented property. my garage is within their front set back. it will not affect anything for them other than seen garage wall. Now they do not want to sign. We are on a higher ground than them. garage already 350 lower than house. still on 300mm fill. mm Re: Garage wall height - Dispensation 4Nov 25, 2010 2:41 pm We had same issue as our garage wall was to built on boundary. Council regulations require the average wall height of boundary wall not to exceed an average height of 3250mm above natural ground level. There is a requirement for 'Report & Consent' to obtain from the neighbour only because the wall is on the boundary. We were told that as long as the height requirement was met, the council would probably approve even if the neighbour objected. The reason was the objection had to be reasonable. For example, if the wall doesn't block light to windows, there's no shadowing, etc, the council may consider the grounds for objection as not reasonable and as long as you meet building regulations, will approve it. Fortunately in our case our neighbours were really good and were mor ethan happy to sign! Good luck! Re: Garage wall height - Dispensation 5Nov 26, 2010 1:49 pm My garage wall is 3370mm above neighbours ground level. higher than average and lower than maximum 3.6m. I have spoken to council building department and said i may get the approval because of the fall (1.2m) of the land. site start to be next week. i don't know we will get the approval before the year end holidays. i am not happy with the builder and neighbour. Re: Garage wall height - Dispensation 6Nov 29, 2010 12:31 pm We had the same issue too. I just spoke to our council first and they said that getting a signature is the best option. However they said that if the neighbor objects, ask them to set out in a letter their reasons for objection and pass on to the council. If they do not supply this letter within a reasonable period of time just ask for the dispensation any way giving the details of your discussion with the owner. The guy I spoke to at our council said that there has to be some pretty serious reasons to knock back these types of dispensations. Just persevere and good luck. View our blog at: http://room4acubby.blogspot.com/ Re: Garage wall height - Dispensation 8Dec 02, 2010 8:11 pm Are you wanting to build right on the boundary? im about to get into the situation myself going to see the local council soon, Ive heard that if you build 1 metre away from boundary it isnt an issue? Although that does not always fit in with youre own plans. Re: Garage wall height - Dispensation 9Dec 03, 2010 1:15 pm Dylan Are you wanting to build right on the boundary? im about to get into the situation myself going to see the local council soon, Ive heard that if you build 1 metre away from boundary it isnt an issue? Although that does not always fit in with youre own plans. We are set back 150mm from boundary. my floor plan will not fit with 1m set back. i wanted to change to another floor plan and keep 1m setback. My builder said 1m away also an issue. visit council website and go to building services/rescode. you can find it. Re: Garage wall height - Dispensation 10Dec 03, 2010 1:34 pm FYI - 150mm setback is classed as on the boundary or 'zero setback/clearance" as the 150mm is taken up by the guttering that hangs over the bricking. You haven't listed a location so we can't really check your local council rules. You should probably speak to your neighbor about why they haven't signed to see if you can alleviate their concerns and explain aome points they may not understand. We cut 440mm out of the center of our house to fit it it on our block. We will be having zero clearance on one side and 1200mm on the other. We took 220mm out of our entry/kitchen/living/theater and 220mm out of our master bed/bed2/bath/laundry/bed3. It has changed the size too much and our builder added the lost m2 to the rear walls of the house to make up for lost room. It actually works much better than original. You may find that because dispensation comes under town planning you may be liable for this and just have to either arrange with your neighbor to sort it out or wait until the council can mediate Re: Garage wall height - Dispensation 11Dec 06, 2010 4:34 pm chrisandkate FYI - 150mm setback is classed as on the boundary or 'zero setback/clearance" as the 150mm is taken up by the guttering that hangs over the bricking. You haven't listed a location so we can't really check your local council rules. You should probably speak to your neighbor about why they haven't signed to see if you can alleviate their concerns and explain aome points they may not understand. We cut 440mm out of the center of our house to fit it it on our block. We will be having zero clearance on one side and 1200mm on the other. We took 220mm out of our entry/kitchen/living/theater and 220mm out of our master bed/bed2/bath/laundry/bed3. It has changed the size too much and our builder added the lost m2 to the rear walls of the house to make up for lost room. It actually works much better than original. You may find that because dispensation comes under town planning you may be liable for this and just have to either arrange with your neighbor to sort it out or wait until the council can mediate thanks Chris&Kate City of Casey in Melbourne. Even 150mm setback my gutter is flush with garage wall. builder charge me $500 plus for flashing. they said gutter is 160mm wide and 10mm on neighbours property. How should i find correct detail and gutter size for this. i wanted get back $500 and move within setback. Builder already explain and still don't want to sign. Are you doing custom design? MM Thank you again Simeon.. I will call my certifier for that. Have a good day 4 1227 ok thanks - yes was wondering if that should have been listed as Option Three! 2 6129 It sounds like you have a crack in your garage where the wall meets the ceiling, along the shadow line on the… 0 13193 |