Browse Forums Building A New House 1 Aug 27, 2017 3:16 am Hi I have faced a similar issue with my builder (Carlisle). we signed the contract with them and now as per them as mentioned in the email - "We are required to provide a diagram on your plans that shows we achieve 40 square meters of Private Open Space to the rear of the adjoining property." They didn't mention any of these issues prior to signing the contract and they waited until we get the mortgage approval from the bank. what we really don't understand is that if Carlisle is using this point to reduce their building cost or if there is really a legitimate reason. And they were asking us to do the following changes, which we vehemently rejected not agree at all. 1. Change the Facade completely 2. Move the house forward to increase the space to the rear yard 3.reducee the length of the house by 400mm through the meals/Alfresco & Bed 4 / Bed 3 including WIR’s. The 720 hinged doors to bed 3 and bed 4 would need to change to cavity sliding doors.Please find below the overshadowing drawing which they provided with our contract. By now they have received my neighbor Objection and they have applied for the council report.This is our first home and we really don't know what to do if Council rejects our building permit Please advise MomijiThank you, Chanaka Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Overshadowing 40 square meters of Private Open Space 2Aug 27, 2017 9:21 am Hi Chanaka, my issue was with council and these days all councils have overlooking and overshadowing rules which we read up on when looking for a block of land. However my builder only made it clear to us at tender (before contract) when you can still walk away losing sales deposit (if your builder works the same way). This is because the drawings are done up for tender so you know exactly what you're getting into. No one will tell you at sales. We ended up moving our house and eliminating eaves to comply with overshadowing and putting up screens to comply with overlooking even though my neighbour doesn't care. Again, it's council laws. In your case it sounds like you're building in an estate if someone is asking you to change your facade? Can't comment on your internal doors. And I would guess the backyard requirement is council. I can see your next door neighbour also hasn't achieved a reasonable sized backyard without doing any calculations but just looking at your rear build line and theirs. If you don't want to comply to council regulations and they won't offer a dispensation of the regulation (need to apply to council for this, could cost $900 to apply and wait a few weeks for an answer). We applied for two and both applications rejected so we just changed our house design. I've heard of people changing the entire house plan to comply. These rules are in place to ensure long term livability of the neighbourhood. (Council rules, not estate rules). Or if not willing to compromise at all, I've heard of people selling and forfeiting their sales deposit. The builder is supposed to work in your favour and give advice on your options to tweak the design to comply. It is not a cost saving exercise for your builder, though. Good luck with it! Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Re: Overshadowing 40 square meters of Private Open Space 3Aug 27, 2017 4:56 pm Hi Momiji, Our issue with the builder is that, Why they did not check on this or informed us at the time of signing the contract. the neighboring property was already built and they have also obtained certificate of occupancy at the time of signing the contract. If we decide to apply for council and bring up the point that builder never informed this and they sign the contract, do you reckon we have some favor. i believe it is really unfair from our point of view. Can we go to consumer affairs or VCAT and lodge a complain..? what right do we have now ? Chanaka Re: Overshadowing 40 square meters of Private Open Space 4Aug 31, 2017 6:49 am Sorry to hear of your situation. They should have shown you these drawings before you sign the contract. Maybe your builder works differently, if they do then yes, it is completely unfair. I'm not sure what the regulations are but the building regulator or consumer affairs could be a good starting point. And then if they advise, can go to vcat. Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? I am not based in Victoria however i had a quick look into your question to understand what you were asking. 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