Neighbour’s Builder Want to Remove Fence

coolc on 17/04/2020 - 20:23
Last edited 17/04/2020 - 20:24

We are in a new estate and build couple if years ago. Block next to us was vacant and was sold recently.
Now new owners want to build and builder want to remove part of fence as the garage is going to be built on boundary.

It is a safety and privacy concern for us as our house will be wide open to road till they start bricks which atleast 2 months i guess.

In our estate i see lots of new builds and most build garage without removing neighbours fence.

Dont know why these guys cant do that ?

Anyone went through this ? Any advise ?

Dont really wanna live without a fence which gives abyone including tradies access to our property.
We are in Victoria

Home & Garden

Comments

  • brendanm on 17/04/2020 - 20:26
    +3

    Tell them to flap off?

  • websterp on 17/04/2020 - 20:27

    You mean estate?

    • coolc on 17/04/2020 - 20:28

      Lol yes 😂

  • Hybroid on 17/04/2020 - 20:28
    +6

    Sounds like a reasonable reaction from you. Have you been served with a fencing notice?

    Worth reading up here: https://www.justice.vic.gov.au/fencing-law-in-victoria

    What if my neighbour responds to my fencing notice and does not agree to the works?

    If the owner next door does not agree to the proposal in your fencing notice, you cannot proceed. You must negotiate an agreement or wait until the 30 days expires and then initiate an action in the Magistrates’ Court of Victoria.

    • coolc on 17/04/2020 - 20:31

      No notice on paper Only verbal so far.

      • Hybroid on 17/04/2020 - 20:31
        +3

        Sounds like you know what to request and you know what your demands are then. Good luck.

    • Drakesy on 17/04/2020 - 22:53

      Only clause may be that it's not a fence that's going in, rather a structural wall, which depending on council policies you won't have much of a leg to stand on. (Some councils don't allow structures to directly abut the fence line). As much as it sucks, the builder may need the space to pour the slab or do the underground works, just one of the many negatives of living in an estate.

  • jaybo on 17/04/2020 - 20:28
    +2

    if you dont have a problem with that part of the fence becoming a brick wall then just state your terms with them - wait til they're about to do the bricks before they remove the fence, or fix you up with some kind of temproary arrangement that is suitable in the interim.

    • coolc on 17/04/2020 - 20:30

      They want it to remove before site start. If it only for bricks im happy to corporate as it ll be only few days.

  • Donaldhump on 17/04/2020 - 20:36
    +9

    Tell them to build a temporary fence to keep your property enclosed, maybe a metre inside the boundary then when bricks finished they can remove it

  • PissLUR on 17/04/2020 - 20:45
    +1

    Nothing you can do.
    Their Builder must have obtained the building permit and they will install temporary fencing.

    I built mine on the boundary. Front and back with just 5mm offset.
    I paid $1,000 to remove fencing and hire temporary fencing. Only to find out that neighbour re-erected the fences on their land.

  • Godric on 17/04/2020 - 20:52

    Surely won't be no fence, there'll be some sort of temp fence up?

  • WoodYouLikeSomeCash on 17/04/2020 - 21:55

    Contact A Current Affair.

  • Wickz on 17/04/2020 - 22:41
    +3

    Sure this happened to me a couple of months ago.

    I expressed concern to the builder next door that I have a dog, so I don’t care if the fence comes down but they must out something in its place that’s stable and secure for my dog. The builders cut the fence back to the closet main support post behind where the garage wall will be. Then used one of the fence sections and joined it via Nails to the bricks on the side of the house.

    I don’t have a photo, but basically I had a diagonal section of fence that went from boundary line to my house wall. Super secure and strong, and the only thing open to the street was the hot water tank.

    Brand new estate so always people coming and going and it didn’t really bother me that much that the tank was visible from the street. I only cared that my dog was secure.

    It’s much easier to be nice and work with the builder if you can, as they might help you out if you need it. (I had issues with their trades parking on my newly growing nature strip so complained and their builder put up 4 giant garden stakes on my nature strip so I could rope it off) No cost to me and fixed the issue!

    Edit - Oh also, it’s legal for the garage wall to be on the boundary line so of course they want the fence down to maximise house and block width.

    • coolc on 17/04/2020 - 23:25

      Thank you.

      Is it possible to sketch what exactly they ve done ? May be i can do same ??

      • Wickz on 18/04/2020 - 15:31
        +1

        Went through my photos and found two which you can see here.

        The fence came down in December 2019 and the garage wall was built around February 2020, and then the fence sectons finished off in Mid March 2020.

        • coolc on 18/04/2020 - 15:55

          Thank you

  • GangGang on 18/04/2020 - 01:18

    Did you receive a letter in the mail about your neighbour's building proposal? How will the builders construct a garage on the boundary if the fence is there? They will most likely remove it & install a temporary fence.

  • Typical16-bitEnjoyer on 18/04/2020 - 08:01
    +2

    You have every right to say No to the neighbour's builder.

    They have every right to serve a Fencing Notice and seek Orders from the Court.

    Better off meeting halfway and negotiating for a temporary fence.

  • Axytrix on 20/04/2020 - 21:08
    +1

    My neighbour is currently building their new home. Over these last few days I have had bricklayers on my property laying the garage wall running 200mm offset the boundary line.

    Months prior I had seen and discussed the plans with the owner (he was nice enough to sit down to propose his plans before they went to council.) My partner and I weren't bothered by the proposed plans and said if the fence needed to be removed that we were OK with this. He was informed by the builder the fence would not need to be removed, which both myself and neighbour found hard to believe, so I reinforced my understanding of the fence being removed.

    Throughout the slab, framing and roofing the fence remained, until it was time for the bricklayers, to which they simply asked on the day if they could remove the section fencing before laying the first bricks. We have chickens and I voiced my concerns with the bricklayer - he said he also has chickens and made a temporary fence over the small opening for this past weekend. All this work should be finished tomorrow (so in total we were without a proper fence for less than a week).

    Maybe your scenario is different as they will be building right up to the boundary line, meaning the trades will need access into your property to prepare the slab and framing. And maybe the builds you are seeing around your neighbourhood are offset to the boundary line as apposed to right up to it?

    If permits are not yet issued, I would propose approaching your neighbour to discuss having the property offset the boundary. I would suggest 200mm. In my case this was enough space for a gutter (150mm) and 50mm room for error (last thing you want is a gutter hanging over your boundary.)

    It may also be worth your while to consult a Surveyor to ensure their builder is not building on your property. Your Surveyor can come out after their Surveyor and before the builder to confirm all is 100% correct. My brother is a Surveyor so he was kind enough to check this for me and also leave me with markers across my boundary 500mm offset, so I could come out and make measurements myself. I see this as a higher priority than having a few trades work on my property.

    My assumption is the builder will place temporary fencing around the front of the property and down the side fence (your adjoining side). This fence is likely to be on your property until the bricklaying is done and fence is rebuild (I would agree with your estimate of 2 months).

    Hope this can provide you some guidance..

    • coolc on 23/04/2020 - 10:41

      "Maybe your scenario is different as they will be building right up to the boundary line, meaning the trades will need access into your property to prepare the slab and framing "

      I dont think they can access neighbored property.

      Do they have any right to access neighboring property to build ? Who ll be liable if they injured or damage anything ?

      • Axytrix on 23/04/2020 - 14:22
        +1

        I get the feeling your neighbour is quite far into the planning process for this build and maybe has not yet consulted with you??

        If a building is to being made right on the boundary line, it would be next to impossible for this to be done without access to the neighbouring property. Which is why I am surprised you have not yet been consulted by your neighbour about having access to your property?

        Either your neighbour or neighbour's builder will require your consent to access your property before any works are completed is my understanding. It may be worth contacting your local Council and run your queries by the relevant department.

        • PissLUR on 23/04/2020 - 17:46
          +1

          usually its the garage that's right on the boundary line, the bricklayers dont need access at all as the garage slabs are done at a later stage.

        • coolc on 23/04/2020 - 21:15

          Thank You

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