Browse Forums Building A New House 1 Jun 17, 2010 6:28 am Hi We have plenty of land on the back but we were asked to obscure the side and back windows of our double story house. This doesn't concern the back neighbours. Side are ok for us to obscured but the back two windows are kids bedroom windows. There is only a little overlooking our side neighbours backyard. Has anyone obscured their back double story windows? Has anyone used privacy screen to over come the overlooking issue and doesn't have to obscure their back windows? Is there another way of overcoming this issue without obscuring the back windows. Has anyone done it before and were you be able to get the occupancy permit from your council. Thanks Re: Has any one had overlooking issues with their DS backwin 2Jun 17, 2010 8:05 am Who asked you to do it? We have several windows overlooking several properties at the back of our house and there was no mention of obscure windows. I think it's a bit much asking for a bedroom window to be made obscure. If it were me, I wouldn't do the son's straight away, you can always get the glass film put on later if you HAVE to. Re: Has any one had overlooking issues with their DS backwin 3Jun 17, 2010 9:50 am suh Who asked you to do it? We have several windows overlooking several properties at the back of our house and there was no mention of obscure windows. I think it's a bit much asking for a bedroom window to be made obscure. If it were me, I wouldn't do the son's straight away, you can always get the glass film put on later if you HAVE to. Our builder PD first said to obscure the side windows and at contract we did. Now just before receiving our building permit they have sait that their private surverys who issue the building permit said to obscure the back windows as well. I have talked to my council and they said you can put a privacy screen. Once you put obscure glass it has to stay that way. If you change it later the neighbours or they can check and fine us and ask us to change it back. So they asked me to talk to my builder. I don't know what would they say? Probably not allow me to have them as clear glass. Re: Has any one had overlooking issues with their DS backwin 5Jun 17, 2010 10:25 am Fernyhouse The builder asked or the neighbours asked? If it's not a council requirement I wouldn't be doing it. The private certifier would follow council guidelines surely Exactly Re: Has any one had overlooking issues with their DS backwin 6Jun 17, 2010 10:49 am Fernyhouse The builder asked or the neighbours asked? If it's not a council requirement I wouldn't be doing it. The private certifier would follow council guidelines surely Builder asked us to do as their private certifier told them to. Re: Has any one had overlooking issues with their DS backwin 7Jun 17, 2010 10:58 am Tell them to put in clear glazing, and that you will put the DIY frosted film over them when you move in if the council really want it. Re: Has any one had overlooking issues with their DS backwin 8Jun 17, 2010 11:31 am Hi Yellow, That's what we've done too. Estate guidelines meant that my son's side facing window is in the overlooking threshold - just - and our builder was going to put in a special window. I refused and told him to put in the same window as the other bedrooms and that we would put the frosted film on ourselves. I would take liability for it. He just had to make the notes in the plans saying "owner to add..." and he was clear. 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: Has any one had overlooking issues with their DS backwin 10Jun 17, 2010 2:43 pm Building Regulations 2006 - SECT 419 Overlooking 419. Overlooking (1) A habitable room window or raised open space of a building on an allotment must not provide a direct line of sight into a habitable room window or on to a secluded private open space of an existing dwelling on an adjoining allotment. (2) In the case of a direct line of sight from a habitable room window, the line of sight is any line measured from a height of 1·7m above the floor level of the habitable room and contained within the space enclosed by- (a) a vertical plane measured at an angle of 45° from each side of the window; and (b) a horizontal plane 1·7m above the floor level of the habitable room; and (c) the ground level below; and (d) a horizontal distance of 9m from the window. (3) In the case of a direct line of sight from a raised open space, the line of sight is any line measured from a height of 1·7m above the floor level and along the perimeter of the raised open space to any point within a horizontal distance of 9m from the raised open space and extending 45° beyond any point where the perimeter of the raised open space meets a wall of a building. (4) In the case of a secluded private open space, the horizontal distance of 9m referred to in subregulation (2)(d) or (3) is to be measured at ground level. (5) A habitable room window complies with this regulation if- (a) in the case where a habitable room window provides a direct line of sight into a habitable room window of an existing dwelling on an adjoining allotment, it is offset a minimum of 1·5m from the edge of one window to the edge of the other; or (b) it has a sill height at least 1·7m above floor level; or (c) it has obscure glazing in any part of the window below 1·7m above floor level; or (d) the direct line of sight is obscured by a permanent and fixed screen that has no more than 25% of its area open. (6) A raised open space complies with this regulation if the direct line of sight into the habitable room window or on to the secluded private open space on the adjoining allotment is obscured by a permanent and fixed screen which has no more than 25% of its area open. (7) A window referred to in subregulation (5)(c) may be able to be opened provided that when open the obscure glazing does not permit a direct line of sight on to the secluded private open space or into the habitable room window referred to in subregulation (1). (8) This regulation does not apply to a new habitable room window or raised open space that faces a property boundary if- (a) there is a visual barrier at least 1·8m high at the boundary; and (b) the floor level of the room or the raised open space is less than 800mm above ground level at the boundary. (9) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. (10) In this regulation- raised open space means a landing with an area of more than 2m2, a balcony, a terrace, a deck or a patio; secluded private open space means any part of private open space on an allotment- (a) which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5m high and that has no more than 25% of its area open; and (b) which is primarily intended for outdoor recreation activities. Re: Has any one had overlooking issues with their DS backwin 11Jun 17, 2010 5:03 pm We're building double story. The res code means any habitable room that overlooks a neighbours habitable room must have obscure glazing. The thing is, bathrooms and stairways are not habitable rooms. Our stairway has a fixed window from the landing to the ceiling, so potentially we could setup chairs on the landing and watch the neighbours - if we were so inclined - because the glass is clear. Because the blocks in our part of the development have rear lanes for golf carts with open steel picket fencing, there is no requirement for rear facing windows to be obscure, as in effect no-one's backyard is private because of the rear lane and open fencing. Re: Has any one had overlooking issues with their DS backwin 12May 27, 2012 10:10 am Yellow suh Who asked you to do it? We have several windows overlooking several properties at the back of our house and there was no mention of obscure windows. I think it's a bit much asking for a bedroom window to be made obscure. If it were me, I wouldn't do the son's straight away, you can always get the glass film put on later if you HAVE to. Our builder PD first said to obscure the side windows and at contract we did. Now just before receiving our building permit they have sait that their private surverys who issue the building permit said to obscure the back windows as well. I have talked to my council and they said you can put a privacy screen. Once you put obscure glass it has to stay that way. If you change it later the neighbours or they can check and fine us and ask us to change it back. So they asked me to talk to my builder. I don't know what would they say? Probably not allow me to have them as clear glass. hi we are also building with PD and we visited the site yesterday. we were quite disappointed with the transluscet windows because they limit the light that comes into the 1st level we are the first ones to build in our block, so there's no existing dwelling on our sides and back. would anyone know if the overlooking requirement is really applicable for us? yellow, for your case, did you have any existing neighbors during your build? thanks in advance Re: Has any one had overlooking issues with their DS backwin 13Jul 13, 2012 5:02 pm I live in Elwood, and due to the closeness of all the houses to the next, screening is a big issue. A lot of developments take the easy way out and just have clear openable glazing 1.7M above the floor. Some have caement windows with only the top part above 1.7M able to be opened and below 1.7M is opaque glass. For mine, all windows with clear glass which have a sill less than 1.7M above the floor, have to be screened for 1.7M. My rear balcony has opaque glass for 1.7M, or I would have had to screen with max 25% light transmission screening. Welcome to inner city living. To have 10M horizontal between your house and a neighbours window would be expensive considering the cost of land in the inner city and the size of most blocks, mine is 8M wide, my neighbours is 7M wide, we have 4M between some of our windows, not an issue at ground level where you have a fence, but second storey the council were very specific about rescode. Unless you have a dispensation, or the measurements fall outside rescode eg more than 10M from neighbours window or back yard line of sight, you will need to screen. A talking dog, don't worry what it's saying, it's amazing it can even speak. Re: Has any one had overlooking issues with their DS backwin 14Apr 30, 2016 8:20 am In Victoria, is it possible for a residential dwelling to overlook the windows of a commercial building with multiple units like shop units, consultancy suites etc. Per reg 419 Overlooking - my town planner says its NOT possible by definition- i.e there are no habitable rooms & its not a dwelling, so a house can't overlook a commercial building. That is a really good attitude Akin to you catch more flies with honey than vinegar. I do enjoy watching that tik tok inspector from Victoria but he does go a little… 12 82610 I am looking at building a house. Has anyone used Construkt Homes (based in Adelaide)? Does anyone have experience with this builder? 0 6623 4 15098 |