Browse Forums Building A New House 1 Apr 27, 2013 4:54 pm Short Version:
Construction has started on a home next door to ours. The builders have excavated 1m past the property boundary into our land. They have also erected temporary fencing on our land and pushed their fill right up against the fencing. The formwork for the house is also suspiciously close to our property boundary. What are our options to get this addressed before things progress further? Re: Building works next door encroaching onto our land 2Apr 27, 2013 5:12 pm Long Version: We are presently building a home in the Maitland City Council area. It's around four weeks from completion, and we're optimistic that the handover will be happening some time next month. When we visited today to check out how things were progressing, we noticed something that seemed a bit of a worry. So I'm looking for advice on how to proceed. Work has started on the block next door, and during the past two weeks, they have done the following: - Scraped the block (involving excavation at the rear of the block and fill at the front). - Erected temporary fencing. - Put in formwork for the slab. We still have the temporary fencing in place for our block, but it is placed well within our property boundaries. Our house is set back several metres from each side, so the builder presumably felt no need to erect the fencing right on the boundary itself. On the side of the new construction, the temporary fencing is more than 1m in from the boundary. The builder next door has excavated right up to the temporary fencing. That means they have excavated around 1m over the property boundary into our land. They have also put their temporary fencing right up against that excavation, maybe 60cm onto our land for most of its extent, and then have pushed the fill up against the temporary fencing at the front to create an impromptu retaining wall. We now have: - A nice little cliff (60cm fall) about 1m over our side of the property boundary. It extends along the rear third of the block. - Temporary fencing for the neighbours' construction on our side of the property boundary. - A huge mound of fill pushed up against the fencing at the front of the block. Even more of a worry, their formwork is set back only one metre from the property boundary (and that's being generous with the tape measure). For a block of this width (22m) they are required to set back all parts of the building more than 1.5m from the boundary. Where there is exposed fill, the walls are required to be 2m back. The property boundaries are very clear, because the original pegs are still in place, and the blocks are rectangular, aligning with the existing properties to the rear. Also, we have a small electrical distribution box spot-on the property boundary at the front (with the peg abutting it in its centre). There is no way to mistake where the boundary lines are. I went to their sales office and complained, and their response was: "This sort of thing is normal, we'll make sure it's all fine in the end. It's all just temporary, and formwork can be deceptive.". They said they will mention the issue to head office, but told me to stop worrying. I'm now trying to work out the best way to proceed. Obviously, this is going to get a whole lot harder to solve if we don't get it sorted out before they pour the concrete. Re: Building works next door encroaching onto our land 3Apr 27, 2013 5:35 pm My advice would be to go to the council and get the building inspector out to check. THat way u will know if there is anything to worry about. I too would be worried Hope it all pans out ok Re: Building works next door encroaching onto our land 4Apr 27, 2013 6:02 pm Dave and Kate My advice would be to go to the council and get the building inspector out to check. THat way u will know if there is anything to worry about. I just called the council, expecting to leave a message. To my surprise, they had an after-hours service, and we discussed the matter. They said they will investigate it as soon as possible. I was pleasantly surprised by this. I was expecting them to be dismissive. I have sent an email to the council as well, to make sure it is all documented. I also went and had another look, and there is no way the formwork should be where it is. It's way too close to the property boundary. I'm really starting to suspect that they didn't check the site properly, and just assumed our temporary fencing was the actual boundary... even though it seems crazy that a builder would make such an assumption. Re: Building works next door encroaching onto our land 5Apr 27, 2013 11:12 pm Wow a council opened on the weekend, who would have thought? Hopefully they will get it sorted b4 the pour otherwise the owners of the other property are going to be livid as will u be too. Let us know what happens. Re: Building works next door encroaching onto our land 6Apr 28, 2013 12:56 pm Dave and Kate Wow a council opened on the weekend, who would have thought? Yeah, I was amazed. Maitland Council really seem to have their act together. Our DA was approved in record time as well. Let's hope it's not just all show and they investigate the matter ASAP. Quote: Hopefully they will get it sorted b4 the pour otherwise the owners of the other property are going to be livid as will u be too. I definitely hope that happens. I've been out there again today with some others, and verified everything again. I was doubting my assessment, and had a restless night's sleep. It just seems too unbelievable that a builder would excavate and lay the foundations in the wrong spot, 1m too far into our property. But the more we looked at it, and measured things, the more convinced we are that this is what has occurred. My father spent an hour there, looking at the site, and he's even more critical than I am, estimating that the edge of the formwork is actually much closer to our boundary than I was guessing. He estimates that the edge of the slab is, at most, 900mm from the property line. On a 22-23m wide block, where a 1.5m set-back is mandated, that can't be right. Once they add eaves and guttering, it would be even closer. Quote: Let us know what happens. I definitely will. I just hope someone looks at it soon. The plumbing is all in next door, as is the piering. Everything is on-site as well for the rest of the slab. Things could turn for the worse very quickly over the next week if it's not all sorted out. Re: Building works next door encroaching onto our land 7Apr 28, 2013 1:08 pm Just make sure u call the council again in the morning and get them out there, even if u tell them u hear they were laying the slab today etc being Monday Re: Building works next door encroaching onto our land 8Apr 28, 2013 2:51 pm I would also try to get photos at this stage. If possible with some indication of marker points so the distances can be seen. Settlement 1/2/12 New Shed 23/3/12 Slab poured 27/3/12 Frame complete 4/5/12 Roof complete 1/6/12 LOCKUP 29/6/12 Our new build blog http://kareenhillsownerbuild.blogspot.com/ Re: Building works next door encroaching onto our land 9Apr 28, 2013 3:02 pm I hope council get onto it tomorrow morning for you. Are you able to get to the site yourself tomorrow morning? Or someone else? Just in case they come in the morning to lay the slab. If they turn up you could let them know the boundry of the slab in is dispute and until that is resolved they should not lay the slab, otherwise it will be considerable cost to the builder to rectify if the slab is in the wrong spot, which it is from your measurements. Also, I assume all builders have a sign at the front of their block with their contact numbers including the site supervisor. I would be ringing the builder's SS from next door in the morning to let him know of the situation. You shouldn't have to do this, but sounds like someone miscalculated badly. Sales office response is pretty poor, but why would they care. If you want a fence errected soon after handover, then I would also ask their builder to also remedy your land to its correct level, if that is the level you want it to be. Good luck We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Building works next door encroaching onto our land 10Apr 28, 2013 3:06 pm If you have the $$$, you can engage a surveyor to measure/fix the position of the neighbour's slab. He/she can then plot the exact position against the property boundaries on a plan, which can be used to present to council (in the case that the builder has messed up the slab setout). The surveyor shouldn't require access to the neighbouring property as long as the slab can be observed say at eye level from your property. If you have real concerns about the position of the neighbouring house it's better to get this sorted before the building progresses... Re: Building works next door encroaching onto our land 11Apr 28, 2013 3:39 pm delatite13 I would also try to get photos at this stage. If possible with some indication of marker points so the distances can be seen. I have plenty of photos. In most of them, it's hard to see the extent of the issue, because their fence is on our land, and obscures the boundary pegs. I wish I could run a string-line between the boundary pegs, but their fence is in the way. However, I have one very clear photo of part of the excavation for the block. It shows it extending 900mm past the boundary peg. It's not as dramatic as some of the other photos, but it shows the issue very clearly. I've emailed the photo to the council. I might post it here too. ----- EDIT: Here we go: The image shows the marker for the boundary peg (in the upper left of the image) and the excavation of the land 900mm onto our property. The photo is taken from above, so the depth of the cut appears less than it actually is. Also, at this location, the neighbour's temporary fencing only encroaches slightly onto our land. For the mid-section of the fence-line, it's pushed against our fence, with fill piled upon it, to the point that it has moved our fencing significantly inwards. What I can't understand is how the builder missed the boundary peg. The one at the front of the property is well inside their fencing as well. It just makes no sense. Re: Building works next door encroaching onto our land 12Apr 28, 2013 3:45 pm Onewheel Are you able to get to the site yourself tomorrow morning? Or someone else? Just in case they come in the morning to lay the slab. Unfortunately, no. I have work meetings tomorrow, right through the day. It will be difficult to slip away. They chose great timing to do this, I'm in the middle of managing a large project for work. I'll see if I can get someone else out there, but my wife has a prior engagement, and parents look like they will be busy too. Quote: Also, I assume all builders have a sign at the front of their block with their contact numbers including the site supervisor. I would be ringing the builder's SS from next door in the morning to let him know of the situation. Unfortunately, they only have a "head office" number. When I call it, I get a message informing me that there is "an incorrect diversion". Very professional there. Quote: If you want a fence errected soon after handover, then I would also ask their builder to also remedy your land to its correct level, if that is the level you want it to be. I'll be asking them to rectify the land and compact it to its natural state, to avoid issues with depressions forming in the soil. Re: Building works next door encroaching onto our land 13Apr 28, 2013 3:52 pm atagnat If you have the $$$, you can engage a surveyor to measure/fix the position of the neighbour's slab. He/she can then plot the exact position against the property boundaries on a plan, which can be used to present to council (in the case that the builder has messed up the slab setout). I'll give the council a chance to inspect it first. If their response isn't adequate, I'll definitely be getting a copy of the DA plans and hiring a surveyor. However, it would be hard for the builder to dispute that they've gone well past the boundary of the property when the original pegs for the subdivision are still in place. Re: Building works next door encroaching onto our land 14Apr 29, 2013 12:36 pm I am also building in the Maitland Council area and have had to call them out for an inspection for an issue I was having. They came out about a week after I sent the email. However my issue wasn't exactly time sensitive. Hopefully they can make it out to you even sooner. Seems strange that the excavators did that. We had to build a retaining wall 400mm from our boundary and the excavators wouldn't dig that close to the boundary for us because they were worried about taking land that belonged to the neighbours. They would only go about 750mm and we had to dig the rest ourselves. Hope it gets sorted for you very quickly. Maitland Council were great for us so hopefully they can help you as well. Re: Building works next door encroaching onto our land 15Apr 29, 2013 12:55 pm We had a similar issue, but like you, we found it before slab pour. Our neighbour is doing a boundary build much to my disgust, and when we saw the trenches dug, we discovered that it appeared far too close to our wall, when it should be 1m. We measured from boundary marker at front and back with a string line, which was 1m from our wall. The trenches were into our property by 18cm! I know it doesn't sound like much, but we were afraid we'd only have an 82cm walkway. In the end, the slab is 1m from ours, but is encroached underneath ground level. Hope you get it sorted! http://i81.photobucket.com/albums/j223/sammymac_49/1233FD03-9143-4B69-8BD6-17110447D90B-360-000000738D7BAFD7_zpsc6276b96.jpg Feel free to follow our build! viewtopic.php?f=31&t=59958 Re: Building works next door encroaching onto our land 16Apr 29, 2013 8:00 pm I had a bizarre day today, in-between work meetings. It seems the slab is staying where it is, and the builders are unlikely to sort out the issues with excavation, fill and fencing on my land until after handover. Not so good all-round. I have discovered the following: We were told by workers on-site, and by my site supervisor, that this builder (or at least their contractor) has a track record of excavating into neighbouring land, and erects their fences wherever they like, irrespective of property boundaries. They basically said that I can complain until I'm blue in the face, but I will most likely have to live with it until the build reaches handover stage and landscaping is done. The workers on site told me that the landscaping for this block is due to be done after handover (by the owner), as is usual for their builds. That includes retaining walls. There seems to be no way to keep the fill on their side of the boundary until the retaining walls are complete. My site supervisor said he is dealing with another site right now that is waiting for the same builder to fix these issues. They can't start the build on that site because the land has been excavated right where they need to place their fencing. He's had no progress getting it resolved, so he basically told me good luck. I haven't heard anything back from the council, other than promises from the front desk lady that they will have someone look into it as soon as possible. Basically, it's looking like I'll be moving into my house in a month's time, and having no privacy fencing for at least six months, until the neighbours take possession of the home and arrange their landscaping. I'll also have to put off my own landscaping and gardens until then, because I won't have access to a one metre strip down the side of my land. I've sent another email to the builder next door, insisting that they rectify the situation by Friday. I'll see if that gets me anywhere. They haven't got back to me about the issue at all so far. I've only managed to speak to a reception lady on the phone. Also, on the siting of the house... The workers on-site showed me the plans for the build, with a set-back of only one metre from the side boundary. By the time the guttering (and possibly eaves) are added to that, it will be lucky to be 900mm. It seems the Maitland Council is much less strict with their rules for DAs than the NSW Housing Code. Frankly, I can't imagine why they would have approved a house so close to the boundary on such a large block. They have 22m of width to play with. It makes no sense, but I guess I have to live with it. They're pouring the slab in the morning. Re: Building works next door encroaching onto our land 17Apr 29, 2013 8:14 pm OMG Aaron! That is so wrong....I am gobsmacked at the calculation by the other builder (you're gonna have to tell us who!) I so hope, wish you get this resolved before its too late. Can you put some sort of court order or restriction in place (expensive and time consuming, so most likely not) before they pour the slab? Cheers and heaps of good wishes coming your way... Wiz Wiz Built @ Brooks Reach Built the Verdelho Guest with Beechwood Re: Building works next door encroaching onto our land 18Apr 29, 2013 8:23 pm WizardofOz I so hope, wish you get this resolved before its too late. Can you put some sort of court order or restriction in place (expensive and time consuming, so most likely not) before they pour the slab? It's been approved by council, so any dispute will need to be with them. That doesn't sound like much fun, so I think I'll have to give up on that one. I've lodged a complaint with council about the totally inadequate side setback, but I doubt I can change anything now, given they issued a development approval for it. I'll keep fighting to get access to the side portion of my land so I can erect privacy fencing and undertake landscaping when I move in. There's no way I want to be trying to put in gardens and landscaping while part of my land is being used as a construction zone. What they are doing there is clearly trespass, but given my site supervisor's comments, it looks like it will be a battle. I'm considering whether to name the builder, but I might hold that in reserve for now. Re: Building works next door encroaching onto our land 19Apr 29, 2013 8:59 pm Mate if I were you I would pull down the temp fencing and put it in the backyard of the site (after hours so they wont discover until the next day. Put up some temp star pickets/ bunting on the correct property boundary - its pretty cheap from bunnings. How long is the fence on that side of your block? If it wasn't crazy long and you were going to get timber - I would just get the fence done. If its 30m or so you're talking $1000 (the other sides half) for 6 months of not stressing and being able to get on with your life. Note- you'd make sure you got the fence to the right height so should the Neighbour need a retaining wall it'd have to be inside the fence line and you get to keen your levels as they were. As I said- this is just what I would do. Sucky situation though mate-good luck. Re: Building works next door encroaching onto our land 20Apr 29, 2013 9:02 pm Depending on how hard you wish to go, you could apply to the court tomorrow to get an injunction for the builder to cease all work on the site until the boundary/fencing/excavation matters are all sorted. The application fees for this are relatively inexpensive given what it can achieve. I would be informing the builder that this is what you are going to do to give a chance of reply. If no reply apply for the order. If they break the order it then becomes contempt of court. Just a tad more serious. Settlement 1/2/12 New Shed 23/3/12 Slab poured 27/3/12 Frame complete 4/5/12 Roof complete 1/6/12 LOCKUP 29/6/12 Our new build blog http://kareenhillsownerbuild.blogspot.com/ i imagine you also have another contract with an architect? and yeah, whatever other's said about special conditions and appendices 16 15980 MBA and HIA both have sub contract agreements, check them out 2 7303 I want to build a bigger driveway (without a nature strip) than has been approved under my CDC. I’ve also had a DA approved to build a deck. It looks like I can do this… 0 4797 |