Browse Forums Building A New House 1 Feb 01, 2011 2:32 pm Hi everyone, I have an issue with my builder. The builder has almost completed the house, so I decided to go through with the Site Supervisor and measure everything. 1 issue we identified was that when we measured the width of the backyard it was 20cm shorter than the plan. I thought maybe that the fence would explain this. But the fence is only 10cm, so basically what they have done is built both fences solely on my property. I thought that for eg. the left fence would be build on my property, and the right fence will be built on the neighbours lot (ie each person only has 1 fence built on their property). So when i complained to the builder they said that there is no issue here, and they have quoted "The fences have been installed in accordance with the NSW Dividing Fences Act 1991" Ive looked through the document and am even more lost. Can anyone help? Im not sure what my rights are in this instance. Has anyone encountered a similar issue, and if so what was the outcome. kind regards Drew Re: HELP NEEDED!!! Dividing Fences Act 1991 2Feb 01, 2011 2:50 pm I would have thought they would build it right on the boundary, so that half of each fence is on your land and half is on your neighbours. We had a slightly similar issue with our fencing. When ours was first put up, it was perfectly obvious that it was crooked. We measured our back yard between the fences and had lost about 14cm of our backyard (it doesn't sound like much, but it was our land). We measured our neighbours block (there's should have been the same size as ours) and they had gained 14cm. We called our builder and basically got ignored - they said they'd fix it, but didn't. We got there one day and they had got our block ready to do the perimeter concreting, we called them again and told them if they poured the concrete before the fence was fixed, they'd be ripping it up and pouring it again. Needless to say, the fencing people came and fixed the fence the next day (not happily). I had a look at the NSW Dividing Fences Act, and couldn't find anything in there about the positioning of the fence. contract signed: Nov 09 Released to Construction: 23 Jul 10 Slab poured: 9 Aug 10 Frame completed: 30 Aug 10 Windows & Gutters: 7 Sep 10 Bricks: 15 - 23 Sep 10 Roof: 24 Sep 10 Gyprock: 20 Oct 10 Lockup: 25 Oct 10 Kitchen: 27 Oct 10 Tiling: 6 - 9 Nov 10 Painting: 17 Nov 10 Carpet: 30 Nov 10 PCI: 15 Dec 10 Handover: 17 Dec 10 https://forum.homeone.com.au/viewtopic.php?f=31&t=35943 Re: HELP NEEDED!!! Dividing Fences Act 1991 3Feb 01, 2011 2:52 pm As very general rule, the palings or sheeting of the fence should be directly over the boundary. Do you still have the pegs marking the boundary in the ground? If they aren't directly under the fence, then you need to contact the developer and they need to get the fencer to fix it. Re: HELP NEEDED!!! Dividing Fences Act 1991 4Feb 01, 2011 3:19 pm thanks for the prompt replies. pegs are all gone. the final fencing has been put up, so i dont actually know which direction or side they shifted the fence to. next door on my left is still vacant lot, but on the right they are almost finished building too. the builders are basically saying they have done nothing wrong. I know to them 10cm is nothing, but when you multiply it by the lenght of the property if works out to be a bit. 10cm extra down the side of the house would make it a lot easier to wheel the rubbish bins in and out each week. Andrew. Re: HELP NEEDED!!! Dividing Fences Act 1991 5Feb 01, 2011 3:52 pm Did you measure the site before they started building? Could it be that the pegs were in the wrong spot, and they've put the fence up based on the incorrect positioning of the pegs? Did someone move the pegs during the build? contract signed: Nov 09 Released to Construction: 23 Jul 10 Slab poured: 9 Aug 10 Frame completed: 30 Aug 10 Windows & Gutters: 7 Sep 10 Bricks: 15 - 23 Sep 10 Roof: 24 Sep 10 Gyprock: 20 Oct 10 Lockup: 25 Oct 10 Kitchen: 27 Oct 10 Tiling: 6 - 9 Nov 10 Painting: 17 Nov 10 Carpet: 30 Nov 10 PCI: 15 Dec 10 Handover: 17 Dec 10 https://forum.homeone.com.au/viewtopic.php?f=31&t=35943 Re: HELP NEEDED!!! Dividing Fences Act 1991 6Feb 01, 2011 8:47 pm My fencer said that the fence can legally be anywhere up to 30cm either side of the boundary, but generally the pailings are installed on the boundary. Also, In the land sales contract, sometimes there is a clause saying that the final size of the block may be up to 5% smaller than originally thought, perhaps that is where your 20cm went? Hi all, Our boundary perimeter fences need replacing (3 sides). From everyone's experience, what would you install? Timber lapped and capped OR colorbond? 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