Browse Forums General Discussion 1 Mar 10, 2022 12:33 pm Hello all, first time poster here. I am hoping to gain some advice or perspectives on what can be done about our neighbours' (most probably) illegal deck. Just a bit of background, my young family were desperate to buy a bigger house (expecting another baby) between Covid lockdowns in 2020. This wasn't a great house but the best of the few in our preferred area that were available. During inspections, we did notice the neighbours' had a large deck on the boundary which overlooks into our yard and living space (our kitchen, dining and living areas are basically opposite the deck). We had concerns about it being intrusive however the agent assured us that the deck was infrequently used and wouldn't be an issue. Of course we kick ourselves now for putting on rose-coloured glasses and taking their word for it! Literally a week after we moved in, neighbours' epic renovation commenced. We have since endured 18 months of noise pollution from their seemingly never-ending renovations (including their roof being replaced). The deck is often used as a quasi workspace for sawing and things like that. The noise really permeates our living spaces and can be heard in every room of our house. It's really hard to escape from the situation because we have a preschooler and a baby so we can't be away from the house for extended periods due to naps etc. It's also not practical for me to wear headphones because I need to communicate with my children. I can't really overstate the impact it's had on my mental health. Any time I think I hear noise starting, my heart starts pounding; I am filled with dread and anxiety and even when there is no noise, I am tense, wondering, when will it start up again? Not ones to make a fuss, it was only after months of this that we respectfully conveyed our concerns to the neighbour (they never gave us a heads up about renovations initially) and requested an ETA for when they would finish. They were initially responsive and told us the renovations would be finished June 2021...this came and went. Since then, they have never bothered to give us a heads up for noisy work even though they are aware we have young kids and are at home a lot, and would really like to be advised so we can plan around the noise. The communication has broken down and they just ignore us now. We recently contacted Council to try to establish whether their deck is a legal structure. The reply we received stated that given the number of years the deck has been there (15 years) and because it is not considered "dangerous", they will not do anything. They suggested that we pursue the matter civilly. My interpretation of their response is that the deck is probably illegal, they just don't want to state it or do anything to assist us. Soooo...can anyone please elaborate on what happens when you take matters such as this civilly - what kind of remedy would be realistic and what would the chances of a favourable outcome be for us? (We have considered moving but on one income at present that seems next to impossible, plus it would be tantamount to flushing our stamp duty money down the toilet.) Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Illegal deck - seeking advice 2Mar 10, 2022 10:01 pm I feel for you guys as having young kids at home is very demanding and drawn out renos are a real pain too. It seems like the noise is the main issue? rather than the deck? I can’t see there being any hope in trying to get the deck removed. Might be best to soundproof your side, raise the fence for privacy, plant a hedge, try to re-engage with the neighbours for kids sleep times etc, unfortunately having outdoor areas so close is never going to work. Try to move as good neighbours are gold, good luck Re: Illegal deck - seeking advice 3Mar 11, 2022 9:43 am Building activities are generally restricted to certain hours. If the noise is outside of these hours you can raise this with your Council. If not outside of those hours there's not a lot you'll be able to do. Under current circumstances builing and rennovation works are taking much longer to complete due to shortages of trades and materials and Council would be well aware of this. Best to start looking at some sort of sound proofing - maybe ask Council how they would regard you rasing the boundary wall above standard height? Unfortunately this would require permission from your neighbours. Re: Illegal deck - seeking advice 4Mar 11, 2022 10:03 am Hi, thankyou for responses so far. Council replied to me a second time yesterday and confirmed: "A thorough search of our archival records showed no building permit was issued for the elevated deck located on the western side of the dwelling." The deck is illegal however as it was erected approx. 15 years ago, it has fallen outside the "statute of limitations" and there is nothing Council can do. If we wanted to pursue anything against our neighbours, we would have to get lawyers involved. I don't even know what could realistically remedy this situation? Any further suggestions, please let us know. Althom, I like the idea of erecting a huge fence between us and them however their deck/railings is very tall - it would have to be a monster fence. As you said, we would need their permission and it would probably be at considerable expense to us. I'm not sure how far glazing windows etc would go to eliminate noise? Again I'm assuming considerable expense to us to find soundproofing solutions. On one income currently it seems impossible... The noise and deck issues are intertwined. They often use the deck as a workspace, using their power tools. The noise carries directly into our living space. Mind, the noise probably wouldn't be so bad for us if they hadn't erected a deck right on the boundary! It's the proximity which is a major factor. Hi everyone! This is my first time posting here, and I'm looking for some advice regarding my house construction project in North Kellyville. I… 0 6866 There is no reason why building contract reconciliation cannot be done prior to handover, if the builder won't do it get someone to do it for you. Why would you pay for… 3 6900 Hi, We're building a double-storey in Perth and I'm undecided with the kitchen sink situation. I'm set on having the main sink with dishwasher in the scullery - and… 0 21469 |