Browse Forums Building A New House 1 Jan 03, 2013 10:37 am Hi All, I need some opinions on what to do in a tricky situation. I spoke to our future neighbour yesterday as they want to arrange fencing, that’s great we are happy to organise the fencing as soon as possible, the issue is this: All other houses in the estate so far have put up timber fencing and our new neighbour wants colorbond for the sole fact that they believe the timber fences that are currently up (which have only been up a few weeks) look aged and weathered already. I don’t actually mind if we have colorbond or timber but my issue is if my other neighbours (I have 4 others to deal with due to the orientation of our block) all want timber I can’t force them to pay the extra for colorbond and I am going to end up with mismatched fencing... mismatched anything is a major hate for me.. I just don’t do mismatched. I told them my concerns yesterday and the reply was if my neighbours don’t want to pay for colorbond then for my neighbours to all pay half for a timber fence, I then get the colorbond anyways and just pay the difference myself between the colorbond and the timber.. I have slept on this and woken up quite frustrated, why should I have to pay so much more extra just to satisfy 1 neighbour, I don’t think it is fair. I understand this is their new home and they are excited and want it all lovely and beautiful and clearly colorbond will make it more so for them but at who's expense should it be. Our home is lovely and new and we are excited too but we shouldn’t have to have ugly mismatched fencing in the backyard. Anyways they said they had already gotten our details from the council and had just posted the quotes to all their neighbours including us (I should mention they only posted the quote for colorbond, they said they did get a quote for timber but only posted the colorbond quote) and so we should get the quote and then contact them... I really do want to keep good neighbourly relations but I also don't want to be a push over and just because of one neighbours feelings I don’t think we should have to pay more for fencing or have ugly mismatched fencing Sorry this is so long winded. I am so unsure what to do and I know if I have colorbond on one side and timber on 2 others I will cringe every time I walk outside. I also know if I end up forking out the difference to have colorbond on all sides if the other neighbours decline to pay the extra then I will also cringe with frustration every time I walk out there thinking about the extra I had to pay to satisfy my neighbours on one side. We have our first baby on the way plus the expense of building the house, I don’t want additional unnecessary costs like paying the difference between timber and colorbond to 2 full sides cos the other neighbours didn’t agree to pay the extra, also, what if the other neighbours are like us and don’t want mismatched fencing. I have yesterday requested my other neighbours details from the council so I will be in contact with them as soon as I get that information but I have the feeling that they will all want timber as everyone else in the estate so far has timber. This is just a frustration we really don’t need at this point in time… opinions please????!!! Re: Potential issue....Fencing 2Jan 03, 2013 10:58 am I don't really have any advise, it sounds like a frustrating situation. However, I want to ask you, have you checked the estate covenant about fencing? You said that everyone else in the estate so far has timber, and I'm just wondering if there is anything in the covenant that states that it has to be timber? Because our estate does, all fencing has to be timber, no colorbond allowed. So maybe if you're not sure, check it and maybe your neighbour can't actually have colorbond anyway. Settlement: 10.02.13 Slab: 06.03.13 Frame: 08.03.13 Lock-up: 05.04.13 Handover: 03.06.13 Build thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=59555 Brisbane Photography Re: Potential issue....Fencing 3Jan 03, 2013 11:02 am if your neighbour can have cb have you considered each having your own fence? We had an issue with one of our 5 neighbours wanting to do the same at our last house. In this case they wanted timber and the rest were having super six. We ended up putting up the super six and covering the cost ourselves and they put up a timber fence as well. years later after the house had changed hands a number of times I noticed the timber fence was removed and the owners were using our Ss fence. Oh well was worth the loss of a tiny bit of yard to have the same fence all around. Re: Potential issue....Fencing 5Jan 03, 2013 11:30 am As it's a shared common boundary its up to you and your neighbor to come to an agreement as to the type of fence that separates your property. If there is a dispute, there is usually a tribunal that you can take your complaint to and have it ruled on. kexkez if your neighbour can have cb have you considered each having your own fence? jpc we shouldn’t have to have ugly mismatched fencing in the backyard. jpc I also know if I end up forking out the difference to have colorbond on all sides if the other neighbours decline to pay the extra then I will also cringe with frustration every time I walk out there thinking about the extra I had to pay to satisfy my neighbours on one side. Re: Potential issue....Fencing 6Jan 03, 2013 11:50 am I don't see why you would have to pay for 1/2 of their fence .If you put up your own Though it would be nice to do so. Would that mean though they would have to pay for half of your fence then too? 2 Re: Potential issue....Fencing 7Jan 03, 2013 12:11 pm Yes thanks Atom Ute, I understand it is my problem! I really was just after opinions on what I could do in this situation. Yes I understand they are willing to pay extra to have colorbond but who says they get to make that decision, I also understand there is a tribunal to sort this thing out but as I said I want to resolve this as neighbourly as possible without going down that road and was really after opinions about how I can address this. Thanks anyways. Oh I might also add that I am of the impression that even if we say no to colorbond that they might then just do the colorbond and we would just pay half of what a timber fence would be. I believe they may do this as this is what they mentioned to us we should do if we cannot get our other neighbours to agree and I know they were very adamant on the colorbond. Re: Potential issue....Fencing 8Jan 03, 2013 12:20 pm Ask the neighbor if he really wants colorbond then for him to pay the extra for it. but then hopefully the other neighbors would also want colorbond unfortunately you would have to pay extra twice to colorbond.i have colorbond two sides and timber the other. just wondering if the odd fence you could make a feature garden or something so it does not stick out Re: Potential issue....Fencing 9Jan 03, 2013 12:21 pm I don't envy you at all. This sounds a bit messy and not really what you want to be dealing with during the excitement of a new house. I'm so glad our estate has covenants in place about fencing. atom_ute As it's a shared common boundary its up to you and your neighbor to come to an agreement as to the type of fence that separates your property. If there is a dispute, there is usually a tribunal that you can take your complaint to and have it ruled on. kexkez if your neighbour can have cb have you considered each having your own fence? jpc we shouldn’t have to have ugly mismatched fencing in the backyard. jpc I also know if I end up forking out the difference to have colorbond on all sides if the other neighbours decline to pay the extra then I will also cringe with frustration every time I walk out there thinking about the extra I had to pay to satisfy my neighbours on one side. A genuine question, because I really don't know a lot about fencing.... Is it really the case that whoever wants to spend the most money gets to make the choice? If all the other fences in the estate are timber and jpc also wants timber, why should the neighbour get to put up colorbond if jpc doesn't want it? Why does jpc have to have the mismatched yard when the neighbour is the one wanting something different to what is required? JPC I would be checking with your other neighbours to find out what type of fencing they want and go from there... My build thread: viewtopic.php?f=31&t=65324&p=1032514#p1032514 Re: Potential issue....Fencing 10Jan 03, 2013 12:34 pm If everyone else has gone Timber, go with matching Timber. They aren't afforded any special rights. Building a Delta 21 at Craigieburn - http://homeofzero.blogspot.com.au/ Deposit: 26/02. Contract: 22/05. Settlement: 29/05. Site start: 18/10. Re: Potential issue....Fencing 11Jan 03, 2013 1:15 pm Please note that this is response from a QLD perspective and may not necessarily relate to your own state or circumstances - however most states and territories operate on similar legislation. Zalira Is it really the case that whoever wants to spend the most money gets to make the choice? If all the other fences in the estate are timber and jpc also wants timber, why should the neighbour get to put up colorbond if jpc doesn't want it? Not necessarily. We live in a civil society where it is expected that most people can settle their differences ammicably. But as outlined in my earlier post if there is a dispute you can take it to the tribunal (like QCAT in QLD). Based on the legislation ,all that needs to be in place between the two boundaries is ‘sufficient dividing fence’ . The following is taken from QCAT Quote: A dividing fence is considered a ‘sufficient dividing fence’ in the following circumstances: *where two parcels of residential land are adjoined, the fence must be between 0.5 metres and 1.8 metres in height and constructed substantially of prescribed material *where two parcels of pastoral land are adjoined, the fence must be able to restrain livestock of the type grazing on each of the parcels of land. *where the owners agree a particular fence is a sufficient dividing fence *where QCAT decides that a particular fence is sufficient. There are specific factors which QCAT must take into account (e.g. types of fences in the neighbourhood). In working out what kind of fence is sufficient in the circumstances, the starting point is what will be sufficient to divide the properties, for example, a short chain wire fence. If either owner wants more, then they will have to pay the difference. Quote: For example, if a neighbour wants a higher fence for privacy or security they should meet this extra cost. This does not mean that QCAT will order that the fence will be built according to their wishes. In those circumstances, QCAT would consider the wishes of each neighbour and the other factors which QCAT is required to take into account. In most cases (but not all) the tribunal does not care what material the fence is made out of, as long as it is 'substantial'. In their eyes a timber fence is 'substantial' but so is a colorbond one and unfortunately like most laws, it favours the rich..... Got to love the legal system Zalira I'm so glad our estate has covenants in place about fencing. In Queensland covenants are not registered on the land title, so while first buyers are bound to comply with the rules when they sign a contract with the developer, subsequent buyers were not, unless agreeing to do so in a new contract. So if your neighbour sells, the new owner can come in and pull down the prescribed timber fence and put up a colorbond one. As with most developers, once they have sold all the blocks in an estate, they don't care about the covenants anymore.. Re: Potential issue....Fencing 12Jan 03, 2013 1:54 pm I have 2 cents for this topic plus a question! Im renting a place with wood down side and at rear - then big brick wall on other side. Wooden fence is 4 years old. Its all peeling out the bottom - from the sun - coming away & bending. Cant even nail it back in. Shocker. Will never have a wooden fence - well, not in WA anyway. What state are you in? You can always make it a feature wall & landscape it accordingly / hide it with other decorations/trellis /features etc. Just a thought. And heres my question if anyone knows....I want to PULL DOWN my colour bond fence @ the rear (just brought a bit of land already fenced) as we back onto a lovely farm. I want to install a new fence that I can see through to make the most of the rural outlook - and Id be happy to pay for it all at my own cost. Does my neighbour have to agree on this in the councils eyes - what criteria does my new fence have to meet? My neighbour is a pretty good guy - so should be ok....BUT as there are 3 houses backing onto his farm theres one big long colourbond fence...we're the middle house so it might look weird from his side? Although - all 3 sections are staggered anyway, so its not like a long straight line of colourbond... infact, I have 2 diff heights of fence on my rear boundary anyway....ideas? Lets do it on Facebook... https://www.facebook.com/pages/First-Ho ... 553?ref=hl Building a Loft Home with a rear balcony... http://www.lofthomes.com.au/ Re: Potential issue....Fencing 13Jan 03, 2013 2:53 pm Bucket75 I want to PULL DOWN my colour bond fence @ the rear (just brought a bit of land already fenced) as we back onto a lovely farm. I want to install a new fence that I can see through to make the most of the rural outlook - and Id be happy to pay for it all at my own cost. Does my neighbour have to agree on this in the councils eyes - what criteria does my new fence have to meet? Unless the colorbond fence was in significant disrepair, if you choose to pull down and replace 'sufficient' fence in good repair, you will be liable for the entire cost. You will need to check with your local council as to what is classified as a sufficient fence, generally the minimal standard is "a substantial fence that is ordinarily capable of resisting the trespass of cattle and sheep". Either way definitely approach your neighbours and be upfront and clear about your intentions. Most people are rationale and understanding about this type of thing. More info @ http://www.buildingcommission.wa.gov.au/consumers/dividing-fences Re: Potential issue....Fencing 14Jan 03, 2013 6:28 pm Bucket75 I have 2 cents for this topic plus a question! And heres my question if anyone knows....I want to PULL DOWN my colour bond fence @ the rear (just brought a bit of land already fenced) as we back onto a lovely farm. I want to install a new fence that I can see through to make the most of the rural outlook - and Id be happy to pay for it all at my own cost. Does my neighbour have to agree on this in the councils eyes - what criteria does my new fence have to meet? My neighbour is a pretty good guy - so should be ok....BUT as there are 3 houses backing onto his farm theres one big long colourbond fence...we're the middle house so it might look weird from his side? Although - all 3 sections are staggered anyway, so its not like a long straight line of colourbond... infact, I have 2 diff heights of fence on my rear boundary anyway....ideas? good luck with that one, you pull it down you would have to put ti right back if it was me, good luck trying to get away with it. Re: Potential issue....Fencing 15Jan 03, 2013 7:14 pm Well looks like your neighbour wants CB and if they are ready to go all around that will be what they do. You are obligated to pay half of the cheapest quote. So if you want timber all around looks like you either have to talk them into it or put up a timber one on your property at your cost. If you go CB and want that all around you will need to cover the neighbours extra cost over a timber. So glad my 4 neighbours have been awesome, all want the same material, CB, and all had similar colour choices. Good luck 2 Re: Potential issue....Fencing 16Jan 03, 2013 8:27 pm I would really check with developer about covenant. Find it hard to believe every other neighbour has elected to go timber over colour bond. Our estate states we have to have 1800mm lapped timber fencing. It is common in new estates around us. McKeachies Run, Aberglasslyn Deposit paid 11th April Land registered 6th June Land settled 20th June Colour selections and contract signed 5th August Commencement letter received 26th September Re: Potential issue....Fencing 17Jan 03, 2013 8:52 pm sarbear I would really check with developer about covenant. Find it hard to believe every other neighbour has elected to go timber over colour bond. Our estate states we have to have 1800mm lapped timber fencing. It is common in new estates around us. I agree, it sounds odd to me. Settlement: 10.02.13 Slab: 06.03.13 Frame: 08.03.13 Lock-up: 05.04.13 Handover: 03.06.13 Build thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=59555 Brisbane Photography Re: Potential issue....Fencing 18Jan 03, 2013 9:04 pm Why odd? Timber fencing is the cheapest option in the shortterm-and most people building 1st or even 2nd homes have little spare funds for fencing. Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: Potential issue....Fencing 19Jan 03, 2013 9:11 pm I am positive about the estate guidelines re fencing materials and in fact the guidelines state: Suitable Fencing materials will include timber pailings, steel sheet fencing will be appropriate if agreed to by neighbours. Semi transparent fencing will not be supported. So from that I gather timber or colorbond can be used if agreed by neighbours So this evening I came home to the quote in the mail, I had the neighbours contact details including email so I decided to send an email to just make contact and in the most neighbourly friendly way I could I told them of our issues in black and white all set out so that they were aware. I also requested the timber fence quote which they emailed to me straight away and it seems our neighbours got the figure wrong/we misunderstood when they told us of the approx total cost difference between c/b and timber. It works out to only $13 extra per meter which really isnt a huge amount to me compared to what I was led to believe yesterday by the neighbour (they tried to tell me the cost difference overall for all sides of our fence but it seemed like they were saying the difference just for the one side we share with them. Anyways we have had a few emails going back and forward and I feel a lot better about it, I think they also feel better that we again stated we are and were totally fine with the c/b so long as all neighbours agree but that we couldn't if neighbours wouldnt agree. They also havent heard anything yet from their other neighbours so will wait to see what happens with that. Thanks for the help so far all Re: Potential issue....Fencing 20Jan 04, 2013 9:40 am Deemaree Why odd? Timber fencing is the cheapest option in the shortterm-and most people building 1st or even 2nd homes have little spare funds for fencing. Well, just because most people would want something for the long-term, and colorbond is starting to become very popular. I just would have thought that a new estate would have people with colorbond if it were allowed, that's all. Glad you're feeling better about it, jpc! Hopefully it will all sort out in the end and you'll get the fence you want. Settlement: 10.02.13 Slab: 06.03.13 Frame: 08.03.13 Lock-up: 05.04.13 Handover: 03.06.13 Build thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=59555 Brisbane Photography All 3 items listed are defects and are of concern. Please seek qualified independent inspector and/or legal advice for your state. 1 8203 thanks Chippy, i hope they have applied sealer but i am doubt to be honest, so i am gonna do this job after handover. 8 16222 |