Melbourne - Council - Encroaching Structure Built without Permit

i like coffee on 09/04/2021 - 10:00
Last edited 09/04/2021 - 12:51

I recently purchased a house in Melbourne. During the pandemic, the previous owner of a neighbouring property built a structure prior to selling. We were away at the time and surprised to see the structure built without any notifications from council.

Initially I spoke to the new owner, however they assumed that all structures had been built appropriately with council approval.

I contacted the local council to see whether there was a building permit because I wanted to be sure that structure wasn't encroaching on my property. The municipal building surveyor informed me that structures under a certain size (2.4m) were not required to have a permit. From the land survey that we had done, this structure was larger than the maximum size and I informed the council of that.

Eventually the council investigated whether the structure was over the maximum height and confirmed that this structure was and should have been built with a permit. However they decided not to take any further action.

I asked the surveyor whether they assessed the footings of the structure, as I wanted to be sure that they weren't encroaching on my property. I also asked whether they could provide details of the investigation (through Freedom of Information) and they said this wasn't possible.

I was surprised by the comments of the municipal building surveyor, who implied that they weren't required to do anything and this was a civil matter between neighbours. From my understanding the council is able to investigate non-compliant structures and issues orders to comply.

If the previous neighbour has built over my boundary (as they have done previously) with this structure, should I continue pushing the council to investigate? Or is this something that should be referred to the Victorian Building Authority? There is no permit or surveyor for them to hold accountable and the previous owner/builder has moved on.

UPDATE:
as requested, attached is a picture of the structure.
http://imgur.com/a/SF25hwC
The fence is misaligned (also done within the last 10 years) and the structure has been built over the boundary line. There is also additional paving the has been put on top of the misaligned fence area.

Poll Options

40
Council should investigate the non-compliant structure and issue notice to comply
0
Victorian Building Authority should investigate and pursue previous owner / builder
11
This is a civil matter between neighbours that should be resolved through lawyers, VCAT, etc.

Home & Garden

Comments

WreckTangle on 09/04/2021 - 10:05

-1

So, you’re trying to make your neighbour financially liable for a structure they didn't build. And you’re badgering council about it even after they took a pragmatic view. I’m glad you don’t live near me…
- i like coffee on 09/04/2021 - 10:14
  
  +2
  
  I'm trying to understand the process that should have been followed. My understanding is that people need to apply for a building permit to ensure that structures are built appropriately. This hasn't happened and now I have an illegal structure encroaching on my property. If a permit was required, the structure would be built in the correct position with correct safety assessment done.
  I'm not trying to make my new neighbour liable. During conveyancing they would have been made aware of what structures have permits and what structures do not.
  I'm asking what the correct process to follow is because so far no process has been followed and a structure has been built wherever the previous owner thought was appropriate.
  - brendanm on 09/04/2021 - 10:18
    
    +3
    
    Do you have encroachment, or are you assuming? Reading your op, you aren't sure if it is encroaching or not.
    - i like coffee on 09/04/2021 - 12:53
      
      I haven't stayed as fact in the original post that there is an encroachment, as the council didn't investigate this.
      However the footings are encroaching from my opinion and so is the new paving.
      - brendanm on 09/04/2021 - 13:51
        
        @i like coffee: Is it in your yard or not? I'm not sure why there is ambiguity about this.
        
        i like coffee on 09/04/2021 - 13:57
        
        @brendanm: In my opinion, yes. I view "my yard" as what is within my boundary.
        
        brendanm on 09/04/2021 - 14:21
        
        @i like coffee: Yes, as as you've had a survey done, you should know where you boundary is. So it seems rather easy to state whether the neighbours things are either in, or out, of your yard.
        
        i like coffee on 09/04/2021 - 15:17
        
        +1
        
        @brendanm: Is it easy when the encroachment is below the surface?
        
        brendanm on 09/04/2021 - 16:12
        
        @i like coffee: You said you think it is. What makes you think it is if you can't see it? How deep do you think this thing is?
        
        You also said you think the paving is, I would say the paving is pretty easy to see. It either is over the boundary, or it is not. Which is it?
        
        If it's over the boundary, have them rectify it.
        
        i like coffee on 09/04/2021 - 16:30
        
        @brendanm: I can see that the paving clearly is over the boundary. I can't see footing without excavating on the neighbour's side of the fence. However I can estimate where it is by poking underneath from my side to hit the concrete.
        
        brendanm on 09/04/2021 - 16:35
        
        @i like coffee: Then it is encroaching. Seems pretty straightforward, not really any ambiguity at all.
        
        i like coffee on 09/04/2021 - 16:50
        
        @brendanm: The ambiguity is "who is responsible?".
        
        The previous owner wasn't a registered builder, so they have no licence with the VBA.
        
        There was no planning permit, there was no building permit.
        
        There is no documentation to say "this is where these structures should be located in regards to the boundary".
        
        Also, what if something is to go wrong with this structure. It could become unstable and fall into my property. What if someone is injured?
        
        brendanm on 09/04/2021 - 16:51
        
        +1
        
        @i like coffee: I'm not disagreeing with you mate. Just wanted to know if it was actually within your boundary. As far as I know, it's the responsibility of the current owner. It's their structure, it can't be on your property, so they have to do something to rectify that. It sure isn't your fault, you didn't ask someone to build someone on your land.
        
        i like coffee on 09/04/2021 - 16:57
        
        +1
        
        @brendanm: I apologise if I came across as defensive. I'd just prefer to say that it's my assumption opinion that something is encroaching until it's been proven and documented.
        
        My assumption was that council investigate non-compliant structures and make owners ensure they are compliant.
        
        brendanm on 09/04/2021 - 17:19
        
        +2
        
        @i like coffee: Council are lazy and useless. Unless they can make easy money from fines they probably aren't interested. I would personally still just push council to see what, if anything, they can do.
- MrHyde on 09/04/2021 - 10:14
  
  +12
  
  If there is encroachment, why shouldn't the neighbour be liable? When purchasing a property, people should do due diligence that all buildings have permits and proper; otherwise the purchaser is taking on the liability of any issues that come up later.
  
  For the OP; one option you have is to undertake your own surveyor and based on the results of that; you can then take action against the current neighbour to rectify any encroachment.
- Artkin on 10/04/2021 - 08:38
  
  +2
  
  So you think an owner switch absolves illegal encroachments. I wish you lived near me. Free leson in the law and respecting others.
  - i like coffee on 10/04/2021 - 14:43
    
    +1
    
    Exactly my point - don't shoot the messenger!
- i like coffee on 10/04/2021 - 16:58
  
  +1
  
  @WreckTangle:
  
  So, you’re trying to make your neighbour financially liable for a structure they didn't build.
  
  I'm not trying to make my neighbour financially liable for their property. They took responsibility of the property when they purchased it.
  
  And you’re badgering council about it even after they took a pragmatic view.
  
  How am I "badgering the council"? If council responded with adequate information I wouldn't have to continuously follow them up. However they drip feed information as their operational staff either aren't knowledgeable on cross-departmental issues or they simply "follow the bouncing ball" through operational scripts as processes are highly regulated.
  
  What led you to conclude that the junior building surveyor's view was "pragmatic"? They've said that they only looked at the height of the structure. I would say that they were trying to avoid having to do their job properly.
  
  I’m glad you don’t live near me…
  
  We can't all live in a bubble and I don't want to be the one to burst yours.. but you probably do live near people like me.
- ozboygsl on 10/04/2021 - 17:19
  
  -1
  
  After reading that idiotic comment most would be glad you don't live near them.
  - i like coffee on 10/04/2021 - 18:40
    
    Were you replying to WreckTangle or my response?
    
    If you were replying to me, what part about the comment was "idiotic"?
    - WreckTangle on 10/04/2021 - 20:18
      
      Nor mine, op doesn't even know if its on their land
      - i like coffee on 10/04/2021 - 23:39
        
        +1
        
        @WreckTangle: I've previously stated that in my opinion the structure is encroaching on my property. I haven't stated this as a fact as the council didn't investigate this and the land survey was for structures above the surface.
thatonethere on 09/04/2021 - 10:08

+3

Can you add an mspaint plz?
- i like coffee on 09/04/2021 - 13:25
  
  +2
  
  I attached an image to the original post.
  
  http://imgur.com/a/SF25hwC
  - Ghost47 on 09/04/2021 - 14:59
    
    Not quite MS paint, but not bad. Nice handwriting.
    - i like coffee on 09/04/2021 - 15:18
      
      maybe I'm showing my age but it's much easier for me to draw on paper than in MS Paint.
  - SF3 on 09/04/2021 - 16:55
    
    +3
    
    Have you consider moving the fence back into it's correct position? It should save you from future, I though your (misalign) fence was the boundary.
    - i like coffee on 09/04/2021 - 17:03
      
      Yes, that is definitely our intention. We've started conversation with the neighbour regarding this.
      
      However they wanted to get their own land survey done.
      
      They were also under the assumption that whatever land is on their side of the fence is theirs and possible to claim under adverse possession.
      
      Victoria has different rules regarding fencing but that's still not how adverse possession claims work.
bobbified on 09/04/2021 - 10:11

-3

I contacted the local council to see whether there was a building permit

This is the quickest way to make new friends… NOT!

…as I wanted to be sure that they weren't encroaching on my property.

Isn't it obvious whether something is "enroaching" on your property or not? Especially after doing a detailed survey.
- i like coffee on 09/04/2021 - 10:19
  
  +5
  
  Obviously I didn't go straight to the council. First step was to see if the encroachment could be resolved directly with the neighbour. It could be as simple as cutting concrete. Contacting the council for information on the permit was a last resort when they refused to provide any information.
  - bobbified on 09/04/2021 - 10:33
    
    First step was to see if the encroachment could be resolved directly with the neighbour. It could be as simple as cutting concrete.
    
    I'm a bit confused now - This comment says that the concrete enroachment is a different neighbour to the one you're referring to in this thread.
    
    First step was to see if the encroachment could be resolved directly with the neighbour.
    
    From your original post, I thought you were still trying to work out whether they were enroaching on your side? That's why I was asking before - didn't the earlier survey tell you exactly where your property boundaries are?
    - i like coffee on 09/04/2021 - 11:00
      
      +1
      
      Apologies for the confusion. There are 2 encroachments that I've discussed.
      
      1) the first post regarding the boundary wall. On the surface level this appeared to be 20cm, however within 10 years additional work was done that is encroaching by 1m below the surface.
      
      2) this new structure that was built within the last year. It is also encroaching on my property, however I wanted the council to verify that during their investigation.
spackbace on 09/04/2021 - 10:14

Is this the 20cm one?

Or have you got another neighbour you're worried about?!
- i like coffee on 09/04/2021 - 10:16
  
  This a different structure with a different neighbour. The other issue is more complicated and involves lawyers, so I'll post an update once the process concludes.
  - spackbace on 09/04/2021 - 10:18
    
    +10
    
    Lol your 3rd neighbour would be wise to sell up and move…
    - i like coffee on 09/04/2021 - 10:21
      
      +2
      
      If they plan to build over my property, then yes, I agree.
      - spackbace on 09/04/2021 - 10:24
        
        +1
        
        @i like coffee: Well no, I was just saying in general.
        
        i like coffee on 09/04/2021 - 10:28
        
        +2
        
        @spackbace: So how much encroachment do you let a neighbour build on your property? One structure is 1m over the boundary line, which is way too much to ignore and hence involved lawyers to resolve.
        
        spackbace on 09/04/2021 - 10:33
        
        @i like coffee:
        
        I'm not trying to make my new neighbour liable. During conveyancing they would have been made aware of what structures have permits and what structures do not.
        
        You say this, yet you say this about yours:
        
        We purchased our home in Melbourne approximately 2 years ago
        
        So when you bought yours 2yrs ago, did you not do the necessary checks?
        
        During the pandemic, the previous owner of a neighbouring property built a structure prior to selling.
        
        So, it's been nearly 12 months that it's been up and you're deciding to ask for advice now?! Or has this only been because of the issue with the other neighbour that you've suddenly remembered the issue with this neighbour?
        
        One structure is 1m over the boundary line
        
        But… you said 20cm! Hell it's even in your title for that post!
        
        i like coffee on 09/04/2021 - 12:16
        
        +3
        
        @spackbace: Perhaps I haven't provided enough clarification.
        
        The structure, this thread is about, wasn't built when we purchased. It was built less than a year ago. At the time that it was built we were caring for a family member undergoing treatment for cancer.
        
        When we did a land survey we noticed the structure was encroaching, however we thought this would be relatively straightforward to resolve with the neighbour as it likely only involves cutting concrete.
        
        The boundary wall structure, from the other thelread, was encroaching by 20cm on the surface. However additional work was done, below the surface, less than 10 years ago, that has increased the encroachment to 1m.
        
        i like coffee on 09/04/2021 - 13:27
        
        +2
        
        @spackbace: Why "in general"?
        
        Do you let your neighbours build 1m into your property?
        
        i like coffee on 10/04/2021 - 16:03
        
        +1
        
        @spackbace:
        
        Well no, I was just saying in general.
        
        Are you able to clarify what you meant by "in general"?
        
        Are you implying that I'm a bad neighbour that people should move away from?
        
        Honestly, I'd like to understand from your perspective how I could be an better neighbour.
- jv on 09/04/2021 - 13:51
  
  +3
  
  Or have you got another neighbour you're worried about?!
  
  At this rate the OP will not have any property left to fight over…
  - i like coffee on 09/04/2021 - 14:07
    
    +3
    
    That is my point, inner city properties in Melbourne are not large to begin with.
    
    I don't understand why people are angered by this.
    - jv on 09/04/2021 - 14:07
      
      +2
      
      I don't understand why people are angered by this.
      
      Most likely they don't own any property…
      
      If I was you, I'd be looking at what action I could take against the council for not doing what they are paid to do…
      - i like coffee on 09/04/2021 - 14:25
        
        @jv: How do I determine what responsibilities the council has?
        
        I had a quick look at the local government act and the building act but the responsibility of the municipal building surveyor wasn't clear.
        
        jv on 09/04/2021 - 14:29
        
        @i like coffee: VCAT?
        
        i like coffee on 09/04/2021 - 14:44
        
        +2
        
        @jv: I hope that I don't have to go to VCAT. However if the council are unwilling to grant a planning permit for a low impact renovation, that meets all ResCode standards and is very considerate of our neighbours amenity, then I won't have much choice.
        
        Ideally I don't want to cause trouble for council when I'm planning to renovate. They could make the process very slow and difficult.
        
        jv on 09/04/2021 - 14:47
        
        @i like coffee:
        
        They could make the process very slow and difficult.
        
        Is it the Greens running your council???
        
        i like coffee on 09/04/2021 - 17:39
        
        +1
        
        @jv: Aren't all inner city councils run by the Greens/Socialists/Marxists/etc.?
        
        jv on 09/04/2021 - 17:43
        
        @i like coffee: I dunno… Yarra is.
        
        i like coffee on 10/04/2021 - 16:15
        
        @jv: My assumption is that Greens/Socialist/Marxists/etc. are popular in areas with a high percentage of students / renters who are attracted to the emotionally appealing components of their policies, yet haven't thought through the longer term implications on the economy (and how this would impact them).
        
        In my opinion the radical components of these political parties become less appealing as people grow older and typically take on more responsibility.
        
        Hence why I stated that all inner-city areas are heading in this direction.
        
        jv on 10/04/2021 - 17:50
        
        @i like coffee:
        
        who are attracted to the emotionally appealing components of their policies, yet haven't thought through the longer term implications on the economy
        
        Good reason to limit voting to people who own the properties and not the transient renters.
        
        spackbace on 10/04/2021 - 18:42
        
        +2
        
        @jv: Cool, so local council elections will be decided by overseas investors 😉
        
        jv on 10/04/2021 - 18:48
        
        -3
        
        @spackbace: I'd rather China control the councils than the Greens…
        
        i like coffee on 10/04/2021 - 19:20
        
        +1
        
        @jv:
        
        I'd rather China control the councils than the Greens…
        
        Have you really thought this through?
        
        i like coffee on 10/04/2021 - 19:16
        
        @jv: I don't follow your logic on this one..
        
        Ideally everyone would be able to own the property that they live in.. but by inflation of property values we've gone and made it almost impossible for future generations.
        
        Limiting voting to those who own property is going to favour the wealthy property investors who may own a portfolio of hundreds of properties.
        
        Investors would just loosen all controls so that they can build as much as possible without concern for the impact on the neighbourhood.
        
        I think it's better to have residents voting even if they vote with their hearts and not their heads at times.
        
        jv on 10/04/2021 - 19:28
        
        @i like coffee:
        
        Limiting voting to those who own property is going to favour the wealthy property investors
        
        Limit it to owner-occupiers then…
        
        They are the ones paying the rates and living there.
        
        i like coffee on 10/04/2021 - 19:37
        
        @jv: Same logic applies, owner-occupiers would still play the system in favour of investors.
        
        The bigger problem is property ownership. If renters had the option for longer term leases they would be less transient. The issue is investors wanting to increase their incomes. More affordable long term leases will make investing less attractive but would make renters more invested in the area they are living.
chcse on 09/04/2021 - 10:23

+10

Unpopular opinion and "un-Australian" but for all the people that are negative, if your neighbour built something very close to the boundary that is illegal and affects you (such as towering over the fence or jutting over to your side), you would not be happy either. What's the point of these rules if no one bothers to follow them? I notice that it is better to build and seek forgiveness from the council than go the proper way, as the OP has found out, unless it is something structurally bad, the council does not care and will not do anything about it.

This might not apply to OP's case, but I have noticed whenever anyone mentions a neighbour "dobbing" in, it's always the dobber who is wrong and a terrible person. Never mind the other neighbour might have been the selfish one building a ridiculously large structure too close to the boundary.
- spackbace on 09/04/2021 - 10:30
  
  -3
  
  Because reading OP's side (just 1 side of events), it gives the impression that the council would approve the structure anyway
  
  However they decided not to take any further action.
  
  And it's the boy who cried wolf scenario. When you have an OP posting about issues with 2 out of 3 neighbours, you stop looking at the neighbours as the ones at fault
  - StickMan on 09/04/2021 - 11:38
    
    +2
    
    Just cos cops/council/ATO/anyone decides 'not to take further action' doesn't mean the initial thing isn't illegal or uncool anymore.
  - i like coffee on 09/04/2021 - 12:22
    
    +2
    
    You seem to be making A LOT of assumptions in this thread.
    
    The council haven't said the structure is something that would have been approved. All they have said is that they investigated the height and it is above the limit for a structure that doesn't require a permit.
    
    I'm not sure of your experience with your local council, but the council that I am dealing with has to be dragged kicking & screaming to do the right thing.
    
    This isn't an case of 'boy who cried wolf'. The first encroachment in the other thread is clearly documented and the building surveyors involved have either lost their licences or been penalised for continuous breaches. It's just going through the appropriate legal avenues.
    
    The second encroachment, which this thread is about, is something smaller that I assumed the council could handle.
- i like coffee on 10/04/2021 - 16:26
  
  +1
  
  Unpopular opinion and "un-Australian"
  
  I don't think that your opinion is unpopular or un-Australian. There is a minority that are selfish and they often voice their opinions loudest in the beginning of an argument, however this doesn't reflect the views of the majority.
  
  Australia had a large percentage of convicts when the British colonised the country, however we aren't all descendents of criminals! This notion of "don't dob someone in" is typically said by people who are selfish but isn't something that I'd associate with Australian values.
  
  If someone is doing something wrong it is typically having a negative consequence for other people. I don't see anything wrong pointing this out and I support other people hen they do so.
  
  Thank you again for your comments.
pharkurnell on 09/04/2021 - 10:26

+2

What price is it to have good neighbours.. how much is on your land 2-3cm?
- i like coffee on 09/04/2021 - 13:29
  
  If it was a few cm I wouldn't be bothered.
  
  However this is the entire area highlighted in red (in the image) that the neighbour wants to now claim as their land.
  - pharkurnell on 09/04/2021 - 14:52
    
    So theres an image go look at now… thats different.
    
    So how long have you known the fence was misaligned? And why wasnt that sorted straight away… would have prevented lots of heartache all around.
    - i like coffee on 09/04/2021 - 14:55
      
      We found out that the fence was misaligned a few months ago.
      
      The structure was built before that.
      
      However the previous owner either knew exactly where the boundary was or was lucky to place the steel beams exactly on the boundary (so that the structure appears to be with their boundary from the surface).
- jv on 09/04/2021 - 14:10
  
  +2
  
  What price is it to have good neighbours..
  
  good neighbors would not steal your property.
  - i like coffee on 09/04/2021 - 14:23
    
    +2
    
    Well according to some of the comments even pointing out that someone has done something wrong is no longer OK.
SF3 on 09/04/2021 - 10:30

When "things" come over into your boundary, do you just cut it down/off to line up with the boundary line? :)
- i like coffee on 09/04/2021 - 13:35
  
  +2
  
  Personally I don't. Some of our neighbours have trees with branches coming over the boundary.
  
  Sometimes fences are misaligned and put back again the next time they are replaced.
  
  However when someone knowingly builds over your boundary in an attempt to claim the land in the future, I take offence.
  
  Obviously my first attempt to resolve is a friendly chat with the neighbour.
  
  It depends what the encroaching 'thing' is. It also depends on how much trouble that thing is going to cause in the future.
  - SF3 on 09/04/2021 - 16:37
    
    +2
    
    Hope you feel better with this
    - i like coffee on 09/04/2021 - 17:10
      
      thank you, made me laugh!
oscargamer on 09/04/2021 - 11:15

+2

I have used this body previously, successfully.

They are the only body that scare councils into action.

https://www.ombudsman.vic.gov.au/complaints/councils/
- i like coffee on 09/04/2021 - 14:22
  
  Thank you. Do you know whether they are able to clarify the council's responsibilities? I wasn't able to obtain clarity on this from the building surveyor.
  
  Ideally I don't want to get the council in trouble as I'm planning to renovate and they could make the process very difficult.
  - oscargamer on 09/04/2021 - 14:44
    
    You won't get what you want, without using the ombudsman.
    
    Your choice.
    - i like coffee on 09/04/2021 - 18:24
      
      Ok, well I've started the process by making a complaint about the investigation that was done by the municipal building surveyor.
      
      If their manager doesn't respond I will email the CEO's office to ensure that it gets looked at.
      
      If this doesn't address the issues raised, I'll try the ombudsman.
      - oscargamer on 09/04/2021 - 18:35
        
        @i like coffee: You might as well skip steps 1 and 2. They will get you absolutely nowhere.
        
        You asked for advice. I gave the right advice from someone who has been through the whole process that you are going through. Yet you still insist on wasting your time? Oh well, it's your time. Please come back here after steps 1 and 2 have failed and you are back at this stage in 3 months time…..
GG57 on 09/04/2021 - 11:49

There are two potential permits in play here:
- A building permit, which covers the structure building, footings, etc., to ensure it is built correctly and complies with the relative bylaws etc. This can impact on the owner's insurance etc. In my council, this is outsourced from the council (council only want to determine if the permit was needed, and if so, is it in place).
- A planning permit, which covers the type of structure, where it is on the owner's land, compliance with overlays, etc.

If it may be too close to the neighbour, it is probably the planning process that should be reviewed by council.
- i like coffee on 09/04/2021 - 13:52
  
  Originally I had contacted the planning department, to see if a planning permit was granted. They advised that it wasn't a planning related issue and passed my request to the building department. Now the building department are saying that the non-compliant structure is not a council matter, it's a civil issue between neighbours.
Seraphin7 on 09/04/2021 - 11:55

Great fences make for great neighbours.
- Mechz on 09/04/2021 - 13:38
  
  3m high, 1m deep cinder block with cyclone re-bar 1cm inside your own boundary sounds about right to me.
[Deactivated] on 09/04/2021 - 12:18

+1

You have not explained how this structure is impacting you? What do you want changed? Or do you just want them to have a permit?

This is a pretty petty thing to chase so hard with the council considering they have already investigated especially as you know the current owner didn’t built it.

All you are going to do is cause the new owner stress and money for something they didn’t do.
- i like coffee on 09/04/2021 - 13:22
  
  +2
  
  This came about from the land survey. When the fence was replaced it was misaligned. There is a large section of land that is being 'trespassed upon' for a period of less than 15 years. This is section highlighted in red in the image.
  
  The previous owner has gone and built on this land. They clearly knew where the boundary line is from the placement of the steel beams. However the paving and the structure are encroaching over the boundary.
  
  When I discussed the replacement & realignment of the fence (we are planning to renovate and it makes sense to replace everything that needs repair at once), the new owner simply said "everything within the fence is theirs" and they would claim adverse possession.
  
  If the previous neighbour has simply encroached by a few cm I wouldn't care, this is likely an accident. However building on an area in an attempt to obtain posession is an entirely different matter.
  - [Deactivated] on 09/04/2021 - 14:08
    
    +2
    
    The fact you want to renovate and that this might impact these plans makes it more reasonable to pursue it.
    
    A very tricky situation, if the land survey shows it is your land then take it to VCAT. You will likely get what you want but are unlikely to be friends with the neighbour afterwards.
    - i like coffee on 09/04/2021 - 14:19
      
      +1
      
      It would be a very different situation if we weren't planning to renovate. We wouldn't have to be concerned with the requirement to setback from the boundary.
      
      My first goal was to resolve this amicably with the neighbours, but not all neighbours are the same, especially when they feel that they are losing something.
      
      I'd prefer to resolve this without causing any cost to the neighbour, so we could cut the footing & realign the fence when we renovate.
[Deactivated] on 09/04/2021 - 12:34

What is the structure? A shed / garage / deck?

I am curious as the council decided not to take any action.
- i like coffee on 09/04/2021 - 13:44
  
  I'm not sure of the exact definition - it has 4 steel beams and a solid roof. It's about 3m high.
  - [Deactivated] on 09/04/2021 - 14:11
    
    +1
    
    Strange the the council have ignored this. The council have likely considered it a Class 10a building which is exempt.
    
    However since it is on the boundary it should have automatically required a permit.
    - i like coffee on 09/04/2021 - 14:13
      
      That was my question to them. If the requirement for a class 10a structure is to be under 2.4m when within 1m of a boundary, why have you allowed a structure that my land survey states is too high & in my opinion has footings that are encroaching.
[Deactivated] on 09/04/2021 - 13:21

pretty much all the advice I got about this topic is "if you're in good term with your neighbour, small work like making deck, pergola etc can be done without permit but if there's any chance that they might complain about it, you'd better throw $ and applied for a permit" so my guess is the previous owner of your house didn't care and/or was in good term with the neighbour?
- i like coffee on 09/04/2021 - 14:40
  
  The previous owner was an elderly man in his 90s. I highly doubt he was aware what his neighbours were doing and may not have been around when the work was done.
netjock on 09/04/2021 - 13:36

+1

OP should pay for a land survey to mark out the correct boundaries then fix all the fences so there is no doubt.

This is just more of a problem than it needs to be. The cost of hiring all these lawyers is enough to get it sorted already. Once you have proper site boundary survey it is pretty hard to dispute it.
- i like coffee on 09/04/2021 - 13:48
  
  +1
  
  I've already paid $3000 for a land & features survey. The correct boundaries have been marked.
  
  I don't see the need to involve a lawyer in this issue, unless the neighbour does file for adverse possession.
  
  The only issue involving a lawyer is the previous thread and that is because illegal activities have taken place. I'll provide an update on that issue after it concludes.
  - iDroid on 09/04/2021 - 14:07
    
    Did the survey show the fences in the correct place? Was there encroachment? If you've had the survey done can you not tell?
    - i like coffee on 09/04/2021 - 14:08
      
      I've shown the misaligned fence in the image attached to the original post.
      
      The survey shows what's above ground. It doesn't show the footings of the structure.
      - netjock on 09/04/2021 - 16:00
        
        @i like coffee: You need to both pay for the fence to fix the issue. It is more than just about the money, it seems like you are grief stricken
        
        i like coffee on 09/04/2021 - 16:07
        
        @netjock: What do you mean?

Melbourne - Council - Encroaching Structure Built without Permit

Poll Options

Comments

New Forum Topics