A question about side setbacks and eaves

lealicious · Mar 21, 2010 10:39 pm

Hey there,

I'm new here, this is my first post.

I have a question regarding side setbacks and eaves. I am in the process of building a new home, well planning to, and have come across my first hurdle - I'm pretty sure the first of many, many more to come.

I have a block of land which has a 16m frontage. The home I wish to build is 14.64m wide. We plan to have the garage side right on the North side, and will have about 1.2m on the South side. My sales consultant informed me that we have a 1.2m side set back, which is all fine and dandy.

But here's my dilemma: we have eaves on the South side, which are 450mm in width. We were told we would have to delete those eaves because they cannot encroach the side setback.
HOWEVER, I have been reading the council's website which states that the minimum side setback is in fact 1m, not the 1.2m which my sales consultant said. AND the website stated that eaves may encroach the side setback by no more than 600mm in total width.
So, if this is the case, our eaves will only encroach the side setback by 250mm.
My sales consultant doesn't even want to listen to my concerns, and wants to submit the plans with the eaves deleted... which will make the house look really stupid face-on.

Has anybody experienced this same problem?

I want to talk with the council directly, which I will do tomorrow.

I have been thinking about eaves all weekend, and have noticed a whole lot of houses with very small side setbacks with their eaves still attached!

I just find that since I'm paying for my facade, I should get what I'm entitled for.

Oh, and I should add, our estate does not have any covenants regarding minimum set backs. So it should be purely determined by the council's requirements.

Your comments and feedback would be greatly appreciated

kek · Mar 22, 2010 6:43 am

The setbacks usually include eaves, but if your council website says otherwise, and you've observed other builds with eaves encroaching into the 1m, then it sounds like you're in luck.

Definitely talk to the council first to check, and see if you can get a copy of the regulations in writing - then forward that to your builder and insist on keeping the eaves. Don't get into arguments over the phone; always put everything in writing, request read receipts and ask for a written response, so you have a record of what was discussed and agreed to. Email is your friend.

aware · Mar 22, 2010 10:28 am

"talk" to the council first if you like, be prepared to talk to 5 people and get 5 diffrent answers. . Better to go straight to the town plan on the net , all councils should have a copy online. IS that what you were looking at? (not a guide? )Go and talk to council armed with the relevant section
of the town plan. Record he conversation and names of people you speak to. If the town plan doesnt specify setbacks, then the state building code will apply, you'll have to check there.

By the way, you can get relaxations for setbacks sometimes. IF your neighbours are cutting ti fine, they may have gotten a relaxation. Ask them if you can measure their setbacks. Councils will find it hard to refuse to give you a similar relaxation if they have done so for other people.
eg where I live the setback is 1500mm, but people routinely get 900mm on small lots!

also cut eaves are very common. I think they look ok. when you are on a narrow lot, often there is no other choice.

devank · Mar 22, 2010 10:41 am

I would get a copy of the DEVELOPMENT CONTROL PLAN and familiarise myself with the relevant matters. It is a painfull reading but it will be worth it in the long run.
Before you sign the tender, make sure your builders plan agrees with all DCP. You can avoid lot of modifications later on.

lealicious · Mar 22, 2010 11:11 am

I got my information from the Wyndham City Council website. They have a document on there about siting requirements for houses. It's basically based on the Building Regulations 2006 for Victoria (Section 414).

I'm building in Tarneit Gardens which is under the Wyndham City Council. I have a copy of the Plan of Subdivision which lists a whole heap of covenants I will need to abide by, such as what the house will need to be build out of (materials wise), roof pitch, minimum floor areas, and so on and so forth. Some lots on the plan have building envelopes, but mine does not specify any. Those building envelops seem to be mainly for the smaller lots in that particular stage.

Anyway, I'm going down to the council to speak with somebody about the issue. Maybe there are certain requirements in Tarneit, not sure. Whatever I find out I will get in writing.

Lunchtime · Mar 22, 2010 12:58 pm

can you post a link to the council information?

Eve Dweller · Mar 22, 2010 1:44 pm

I think you are dealing with the difference between council rules and those outlined in the estates MCP (memorandum of common provisions). These cam stipulate rules which over-rules council requirements.
Ask to see the MCP regulations.

lealicious · Mar 22, 2010 2:26 pm

Here's the link: http://www.wyndham.vic.gov.au/building_ ... ons/siting

What exactly is an MCP? Is that the same as covenants? I have a copy of the covenants, and if the MCP is not the same as them where do I get a copy?

Oh, and I spoke to the council and my understanding was correct. Eaves are allowed to encroach the side setback of 1m, as long as they're not "combustible"

EDIT: I contacted the estate, and they have no rules regarding setbacks and eaves. They told me it's purely determined by the council.

Bam · Mar 22, 2010 3:42 pm

Our estate calculates their front setback including eaves - ridiculous :roll:

So we had to move our house back and have resubmitted our plans so fingers crossed! On the council website, it says our eaves must not enroach more than 500mm, so we changed our eave size to 500mm just incase *sigh*

Things arent easy, are they??

Good luck with everything - Id be inclined to submit as they are and see what council does if you dont mind a little hold-up x

gpierce · Mar 22, 2010 7:28 pm

What kind of eaves are not combustable? Even the ones made with steel facias use liners that will burn (I think):)

Casa2 · Mar 22, 2010 9:37 pm

Sounds like the builder is trying to get rid of the eaves (and not give you a credit) and using the excuse of the Council. This is pretty **.

Ask the Council and then go with what you're allowed.

From what I've read that you've read, there should be no problem with the eaves. Councils are moving towards ignoring eaves with regards to setbacks since the Council wants the setback (for isolation from your neighbour), but also wants to encourage you have eaves since they increase thermal comfort and therefore reduce energy consumption.

lealicious · Mar 22, 2010 9:48 pm

I just think sales consultants don't really know what the setback rules are to be honest. Which is not really their fault, but they shouldn't really insist on deleting things that don't need to be deleted.

I spoke with my sales consultant today and gave her a copy of the rules according to the council. She understands what I was telling her now, which is great. I just can't wait to get everything started. I love the house I have chosen. It's the Columbia by DFH's. It's pretty much exactly the same as the Beaufort from their more expensive range of houses. I just hope one of my neighbours are not building the same house! Is there a way to find out what houses are being built next to you??? - Maybe I should post this question somewhere else.

Oh, and that combustible thing... I think everything is capable of catching on fire anyway. I think it's fine as long as the gutters and everything are not plastic (?) Don't quote me on that. Just don't really see it as a huge issue... I hope.

room4acubby · Mar 23, 2010 10:03 am

The bulk builders try to use the overall planning requirements. I think for Victoria the standard side setback is 1.2m, however lots of councils have smaller side setback requirements. It is easier for the builder's surveyor to go back to the overall setback requirements than to look at each council's requirements. It is really just the builder being lazy and you have to push to get them to look closer. It sounds like you have done that and are having some luck.