Browse Forums Building A New House Re: How to P*SS of your neighbors... 61Jul 16, 2008 10:44 am Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: How to P*SS of your neighbors... 63Jul 16, 2008 11:09 am Annoyed…… this is not something that should be handled over the phone or via email.
This is something that should be done face to face!!!! This will be the ONLY way you will get your point across firmly and be taken seriously! There are some things that should be done directly with certain people…..the building game is not to be mucked around with, they can be very complacent when they want to be. Make your point, and make it to as many faces…..face to face that you can! Unless you are in their face, you run the risk of being shoved aside! Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: How to P*SS of your neighbors... 64Jul 16, 2008 12:14 pm My neighbor's building a garage wall over the standard height and it is on the border of our land. He come to me to get permit with his building plans before everything starts. I think your neighbor should do the same. I am in a new land as well. What the SS said is absolutely unacceptable. Re: How to P*SS of your neighbors... 65Jul 16, 2008 1:20 pm Hi Annoyed
Sorry to hear that this is still causing grief. These issues seem to take a long time to work out, it really says something about the building industry. I'm going to pass on to you something I was told to do when we had an issue. It may or may not help because I am not sure how the contract works at PD being such a large company, but you can only try. If your contract is a HIA one, on page 4 under particulars of contract it will say "this contact is between", and under Registered Building Practitioner there should be a name. This was the person we were advised to contact because this is the person who is untimately responsible. You should advise them that you want to meet them at the site and then get them to advise what they will do to rectify the situation and that you want it in writing. Your building permit will also have their details. If you keep approaching office staff you will probably just keep getting the run around. As frustrating as it is, it is best to try all the available avenues to at least show the effort you have made to get this issue resolved. That way if it is not resolved and you need to take legal action you can show you have done everything possible from your end. Hope this is of some help. Re: How to P*SS of your neighbors... 66Jul 16, 2008 1:38 pm photogirl that sounds like great advice but the problem with that is Annoyed is not building with PD it's the neighbours block and builder. Re: How to P*SS of your neighbors... 67Jul 16, 2008 2:00 pm Hello annoyed,
Here's my take on your situation. Are you in Victoria? If so, in order to prove a trespass or wilful/criminal damage 'beyond a reasonable doubt' in Victoria then the police still have to establish some form of criminal intent or mens rea which can be difficult without full admissions. Don't blame the police, blame our crappy judicial system. Your situation here unfortunately falls into the civil arena. My advice is to continue making telephone calls and keep a running diary. Continue taking photographs, very important. Get independant corroborating evidence of damage etc. You may have to spend some money to get some in return. You shouldn't have to but that's life, again blame our crappy judicial system. Continue to be pleasant. Serve notice on PD that you intend to seek compensation at the completion of the build. Serve written notice via registered post. At the completion of the build send your itemised account with copies of photos etc to PD. If they refuse to compensate you then unfortunately you'll have to see a Solicitor. It will probably result in suing the property owners as well as PD, but again that's life. Please remember in these difficult situations, a lot of people fall into the trap of breaking the law themselves and end up being the only person getting charged with a criminal offence!! So please don't fall into that trap. At the end of the day, unless you settle this politely with PD then the only people to benefit financially will be the solicitors (lawyers). Your best chance of being compensated is working with PD. You do have another, less expensive option to seek compensation through small claims tribunal at VCAT. Good luck. Izzys123 Re: How to P*SS of your neighbors... 68Jul 16, 2008 2:12 pm Hi Kexkez
So i just realised what you are really telling me is how is annoyed possibly going to know who that is because he doesn't have a contract with them. I need to put my brain back into gear. But maybe someone who is building with PD can give Annoyed those details so that this issue has a better chance of getting resolved. thanks Kexkez How Terrible! 69Jul 16, 2008 7:49 pm It is terrible that the builder can act in such a way and treat you so badly! I am amazed at how these companies have no regard for anyone with their actions. To remove your fence and re-attach it without your permission is inexcusable. I don't have a kind word to say about PD. PD is building a house next to us and they dumped their garbage all over our lot. Now they are finished building and they piled a huge pile of garbage in front of our lot! If you need people to go to the PD head office and picket over their disgraceful business ethics, I am more than willing to join you. If we make a big enough fuss and generate enough bad publicity maybe it will force them to get their act together. Re: How Terrible! 70Jul 16, 2008 9:17 pm jewel47 It is terrible that the builder can act in such a way and treat you so badly! I am amazed at how these companies have no regard for anyone with their actions. To remove your fence and re-attach it without your permission is inexcusable. I don't have a kind word to say about PD. PD is building a house next to us and they dumped their garbage all over our lot. Now they are finished building and they piled a huge pile of garbage in front of our lot! If you need people to go to the PD head office and picket over their disgraceful business ethics, I am more than willing to join you. If we make a big enough fuss and generate enough bad publicity maybe it will force them to get their act together. Annoyed, Do you know which PD company it is, they have three now. Prestige, Lifestyle & Access. They are all different companies under the PD banner. All different Managers etc and different work locations. Find out which house style it is and look up their main office for that style on their website: www.porterdavis.com.au. It's not fair just to target Porter Davis, they have three different companies. Re: How to P*SS of your neighbors... 71Jul 16, 2008 10:53 pm Annoyed I also paid for half the fence. So why should i be at a financial loss because of Porter Davis?? You certainly should not lose financially but the fact that you paid for half the fence may put a slightly different complexion on at least one aspect of this saga. Would I be right in assuming that, a) the fence was actually directly on the boundary (i.e., not on your side of the boundary? and, b) that the other half of the cost was paid by the developer as the owner (at the time) of the vacant next door block? If so then you and the developer or your new neighbour (depending on title) have equal rights in that fence. AFAIK, legally the 'other party' does have the right to take it down in order to carry out 'necessary' building works. PROVIDED that they reinstate it to exactly the same standard (at no cost to you) on the completion of those works. In this case the 'other party' is, technically, probably the builder, who 'owns' the site during construction. It's doubtful if you would have any legal recourse regarding the dismantling of the fence -- provided it is reinstated. None of which has anything to do with the arrogance and discourtesy of the builder in not consulting you prior to doing the work. Or with the mess they made on your land -- for which you do have recourse, although it's probably not worth the cost of action. In your shoes I'd be screaming blue murder. Tell the builder, in writing, that you're not happy but that in the interests of cooperation you'll give them the opportunity to make good by reinstating everything (including your garden beds) to the same standard as before PD came on site next door. Give them a date for completion and wait for their response. I think this whole sorry mess shows up something I learnt on farms a long, long time ago. Never put a fence directly on a boundary. If you want it, pay for it, all of it, yourself and erect it 50-100mm inside YOUR boundary. That way, nobody can touch it without your permission. Re: How to P*SS of your neighbors... 73Jul 17, 2008 7:59 am If you want to get nasty or do not feel that you are getting satisfaction.
I wonder whether a Protection Works Notice was required. You could check this with the Building Commission. Also see if you can find out who is doing the Building Inspections (go thru local council) - they determine where Protection Notice is required and also may provide voice to your concerns. If all else fails, if they enter your land call in police. Although they are unlikely to charge builder they will instruct them to leave your land. Finally - Injunction and Intervention orders can be sought thru Magistrates Court. Obviously final course and likely to involve your neighbor & it will delay their build. Of course this will COST and involve lawyers. I had thought they should get your approval to enter your land etc. Especially when it is foreseeable and required. I am surprised that the neighbor did not share these aspects of build before it commenced. Re: How to P*SS of your neighbors... 74Jul 17, 2008 9:48 am scardee66b I had thought they should get your approval to enter your land etc. Especially when it is foreseeable and required. I am surprised that the neighbor did not share these aspects of build before it commenced. This is the part I don't understand. We're building in an established area, and have part of our wall on the boundary line. We made sure we talked to our neighbours about whether they would let the builders access their land to build the wall. Initially they weren't going to let this happen, and they had a few issues in the early stages of construction where the tradies weren't respecting their rights or wishes. I made sure I talked to them, and to our SS to make sure we resolved the issues as amicably as possible - I knew that I'd be living next to them for 10+ years, and didn't want to p*ss them off more than I had to. Our SS was pretty good at dealing with them, and when the time came to build the boundary wall, they let the brickies build from their side. Your neighbours should care about their relationship with you, even before they move in, and obviously either don't understand or don't care about how their building will affect you. This sort of building always involves some give and take - but your neighbours don't seem to want to play their part. Easier for us, I know, as we knocked down our house to rebuild, and already knew our neighbours. However, your new neighbours must visit the site, and could easily introduce themselves if they wanted to. Have to wonder why they haven't? I guess God didn't use subbies... Re: How to P*SS of your neighbors... 75Jul 17, 2008 11:15 am why not report the vandalisim and tresspass to the police. I bloody would, but be calm and cool doing it because they will get the **** with you if you are all wound up. Put the kettle on and then give them a call.
Do a Telstra and ring PD till it's fixed as it was at no expense to you. Contact the council as well and make sure it is on file with them too as mentioned already. Why not get a restraining order put on PD (a company is a legal person as well) at least try. Be cool with the new owners because they wouldn't have a clue what is going on. Make a cup of tea and let them know what PD are cutting corners on maybe Re: How to P*SS of your neighbors... 76Jul 18, 2008 11:13 pm Hi Annoyed.just quickly read the comments and i was thinking
pd is supposed to put up a temporary fence between your property and your neighbors, did they do that? if there is a fence in the way during construction of a house and the builder needs access they will pull the fence down.. but have to re erect it again. But they should have given you notice that this was going to happen its courtesy. PD are known to be messy. Re: How to P*SS of your neighbors... 77Jul 22, 2008 2:55 pm Other than the police, may be also file a record with the council would also help? Re: How to P*SS of your neighbors... 79Jul 22, 2008 4:17 pm If you are in Victoria, go to VCAT, that is what they are for and they WILL get you a result and you won't have to go bankrupt trying to sue them. Re: How to P*SS of your neighbors... 80Jul 23, 2008 8:53 pm I would really talk to the neighbours as well if the SS has such a bad attitude towards you imagine what sort of attitude he has towards his job. I really would'n't want that sort of person supervising my build. Building NB Hampton 19e finishing at end july 08 Thanks mate. Yeah good points! Leaning towards Option 3 to get a bit extra space in the cabinets but not going too crazy high (and expensive). Would require a mini… 13 39264 Broker here - legislation says that every true broker must put the clients best interests before theirs so in theory they must offer you the best options for you on their… 2 45939 The worst thing you can do is sign a building contract without a pre contract review. Over the years many people have come to me with disputes where they just signed… 0 8279 |