Fencing Matter - Granny Flat Build

I hope someone can guide me in the right direction.

The neighbour on right of my property is building a granny flat in their backyard. The only objection I have is around fencing height because our main bathroom window is at that side. Throughout construction and post building, I don't think we can open our window as otherwise it's a privacy concern. No idea if they are going to build any pregola or any window toward a side next to our fencing which will make it impossible to open window.

As a solution, I want to increase the height of fencing. Who will be responsible for this cost?

I didn't receive any letter from the council to raise an objection.

Comments

  • Would this help?

  • +1

    Your local council website will have all the info about what is permitted in the zoning for that address, and the rules for fencing in your area, and then you can go from there.

    If you don't know what the zoning is and your council doesn't have a map it will be on the LVG website https://www.valuergeneral.nsw.gov.au/land_values/land_value_search or similar for your state.  

    It is possible they didn't need approval for the granny flat, so there was never anything advertised you could object to.
    It is possible they are building without approval and the council hasn't noticed yet so you could just call up and put a stop to it.

    Unless you know it is hard to know how to approach it.

  • +2

    Just a suggestion, maybe get some blinds or an external screen for your bathroom. Usually neighbours are required to go halves on basic fencing. Any extras will need to be paid by the neighbour who wants it. Even if your neighbour agree to go halves on increasing the fencing height, you are still going to be out of pocket many times over the cost of blinds.

  • +1

    Ugh … my in-laws are also having issues with their neighbour's granny flat build.

    There were changes to how granny flat applications are processed - a council or accredited certifier can certify granny flats as complying development without the need for a development application, provided they meet specific standards in the State Environmental Planning Policy (Affordable Rental Housing) 2009 which is why you probably never received any correspondence from council.

    Suggest contacting your local council to explain your issue and request their advice as to what options are available to you. Good luck!

  • -3

    Raising the height of the fence will mean increased costs split between you both. I think the best and cheapest option is a privacy screen.

  • +3

    As OP is the person wanting to increase the height of the fence, unless their neighbour agrees OP will have to pay 100% of all costs incurred.

    Another issue may be that they may not be allowed to increase the fence height, generally the maximum allowed height is 1.8m.

    Best bet for OP is to approach their local council - as previously suggested - and discuss all concerns with them.

  • +1

    Is the granny flat more than 0.9 metres from the fence? Is it no higher than the existing dwelling? If yes to both then there's likely absolutely nothing you can do.

    You can ask your Council. If your neighbour didn't file a CDC then they can investigate. Still won't get your anywhere. You'll just cause headaches for your neighbours and won't change your situation at all.

    Raising the height of the fence will 99% be at your complete cost as there is likely a fully functional and compliant existing fence.

  • +2

    Maybe talk to your neighbor?

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