Double Storey House Overlooking My Block

markrule on 18/05/2023 - 18:19
Last edited 19/05/2023 - 10:10

I bought a block of land in a development in Victoria which I intend to build my home on. I haven’t started my build yet but my neighbour has and is near completion. They have a second storey and with the windows in I can see that their second storey window overlooks my block. No frosting, not higher windows- regular windows. It’s not exactly far away either so a full view of whatever I put on our block.

Is it just a case of too bad and put up with it? Or are they breaking some kind of regulation I could look into? And if so who or where do I even start?

Thanks

Update:

Building regulations regarding overlooking do not apply if there is not a house already there. Basically first in best dressed. As also mentioned in comments.

Thanks for the replies.

Home & Garden

Comments

  • Richardc on 18/05/2023 - 18:32
    +9

    ask your local council.

    • HeWhoKnows on 19/05/2023 - 09:31
      +6

      Basically there are no rules for a vacant block of land since there is nothing on OPs block to complain about.
      Just as long as the building next door complies with height and setback requirements.
      Whats Op going to complain about? - that the neighbour is looking into his bedroom?…What bedroom?
      There is no building on OPs block……Its just grass and weeds LOL
      You cannot complain about something that does NOT EXIST!!!
      I assume OP doesnt have an approved DA with council either
      Its tough cookies for OP
      First in best dressed
      OP Should have built first

    • CalmLemons on 20/05/2023 - 13:54

      First in best dressed.

      Whoope OP beat me to it.

      Whoop suck even more if they build at a higher level than you half way through your plans then you need to adjust your plans by building your slab higher or not to undermine their footings if it's on a boundary.

      County your blessings overlooking is the only issue.

  • AdosHouse on 18/05/2023 - 18:32
    +6

    …..Serious?

    You are asking if they broke a rule building a 2 storey house? Mate put privacy glass on that side of the house and move on.

    • markrule on 18/05/2023 - 19:17
      -2

      No, I am asking if they broke building regulation around the windows on the second storey. There are building regulations around this. It’s the reason why some windows have to be higher up and frosted.

      • pharkurnell on 18/05/2023 - 20:00
        +6

        no… no they didnt.

      • brad1-8tsi on 18/05/2023 - 21:29
        +4

        I am asking if they broke building regulation around the windows on the second storey.

        No they haven't broken regs. OTOH, you have to build with consideration to their privacy.

      • Stewardo on 18/05/2023 - 22:42
        +14

        “Of an existing dwelling”
        “I haven’t started my build yet”
        Case closed.

      • HeWhoKnows on 19/05/2023 - 09:39
        +1

        Are your grass and weeds complaining abaout the lack of privacy?

      • notfrodo on 20/05/2023 - 18:51

        I recently went through this with my house. If you build first, and there is no plan lodged with the council for the neighbouring block, you don't need to frost your glasses on the second floor. They have broken no law.

    • brandt on 30/05/2023 - 08:58
      +1

      OPs only option now - https://www.9news.com.au/national/melbourne-man-gets-naked-t…

  • Sawtell on 18/05/2023 - 18:34
    +32

    You are lucky you haven't built yet you can design your house to accommodate the neighbour.

    • HeWhoKnows on 19/05/2023 - 09:40
      +1

      Yes , thats how it goes.
      The onus is now on OP to comply and not agffect the neigbhour's privacy

    • May4th on 20/05/2023 - 14:33

      although if OP built his house before his neighbour there would have been more strict codes about privacy. again, first in best dressed, nothing OP can do at this point

    • Ghost47 on 20/05/2023 - 14:42

      Maybe OP can design their house so that all the neighbour sees when they look out their window is a brick wall lol.

      • Sawtell on 20/05/2023 - 16:28
        +1

        That is pretty much what I would do but expect a post in a year or 2 from the neighbour complaining about it 🤣

  • bathuu on 18/05/2023 - 18:58
    +3

    Time to put up 6m high fence?

  • AustriaBargain on 18/05/2023 - 19:00
    +19

    Build a three story house.

    • altomic on 18/05/2023 - 19:09
      +8

      They'll just retaliate by adding 2 more storeys.
      Then OP will have to go for a 5 storey, then they add another 2, and on and on.

      Skyscrapers in suburbia.

    • Sinnerator on 19/05/2023 - 08:52
      +2

      a 3 storey glass house

      • WhyAmICommenting on 20/05/2023 - 12:35
        +3

        People will come trying to buy iPhones etc

    • seeknsearch on 21/05/2023 - 11:25

      Wouldn’t he be required to have his windows frosted because he’d be invading the privacy of the 2nd story house.

  • lostgoat on 18/05/2023 - 19:03

    Even if you follow regulations you can still see into the other property. Experience of both ways .

  • altomic on 18/05/2023 - 19:07
    +4

    Just plant a row of bamboo to block out the house

    • WT on 19/05/2023 - 13:31
      +1

      if you do this use bamboo mat otherwise it will get out of control!

  • [Deactivated] on 18/05/2023 - 19:07
    +8

    That's the bonus of being first to build.

    You'll now have to accommodate your house plans to suit them.

    And those high-positioned windows are awful.

    • brad1-8tsi on 18/05/2023 - 21:27
      +1

      I have the high position windows. They are great

      • [Deactivated] on 18/05/2023 - 21:36

        What do you like about them?

        • morse on 19/05/2023 - 05:03
          +5

          They give you more wall space that furniture can go against internally. And privacy.

        • brad1-8tsi on 19/05/2023 - 07:59
          +2

          wall space, privacy. Don't need privacy curtains. Don't have to consider the neighbours when getting changed or doing horizontal folk dancing.

          • [Deactivated] on 19/05/2023 - 09:45

            @brad1-8tsi: I appreciate the wall space & privacy aspects. I think they can be used well in certain situations and rooms but not always when there is no other choice due to the overlooking requirements.

          • Minimum chips on 21/05/2023 - 08:39

            @brad1-8tsi: We just call it folking.

  • Wiadro on 18/05/2023 - 19:24
    +3

    easy fix, walk around naked, im sure they wont look

    • WreckTangle on 18/05/2023 - 19:41
      +2

      MS Paint picture required

      • GaryQ on 19/05/2023 - 11:26
        +2

        Would you settle for an un-pixellated Leisure Suit Larry gif?

    • illusion99 on 20/05/2023 - 14:38

      What if OP and the people they live with are all really hot model material?

      • cheng2008 on 20/05/2023 - 18:37

        Well, OP is an OzBargainer, so you have half the answer at least

    • Minimum chips on 21/05/2023 - 08:39

      This works best after you build the house.

  • MS Paint on 18/05/2023 - 19:27
    +10

    they have a second story

    What was their first story?

    • DashCam AKA Rolts on 18/05/2023 - 21:58

      Not sure, but this is a tale of woe.

    • Stewardo on 18/05/2023 - 22:43
      +2

      The never ending one.

  • supersabroso on 18/05/2023 - 19:48
    +2

    Lol, that's not an issue. Just get some light filter blinds, let's all the light in but you can't see what's going on.

    • Ghost47 on 20/05/2023 - 14:43

      What a time to be alive.

  • onetwothreefour on 18/05/2023 - 19:52
    +9

    Have you never had neighbours before?

  • jjjaar on 18/05/2023 - 20:02
    +1

    If they haven’t finished yet, there’s a chance they are yet to install the frosting as required. Contact your council.

    • brad1-8tsi on 18/05/2023 - 21:26
      +6

      They don't have to do frosted windows or anything else. You cannot build for a neighbours house that doesn't yet exist.

      The OP is the one that will have to respect the neighbours privacy when they build

  • rumblytangara on 18/05/2023 - 20:46
    +1

    Ditch the house, move into an apartment.

    • MS Paint on 18/05/2023 - 20:55
      +7

      Ditch the city. Go regional. My neighbour is 1km away.

      • soan papdi on 20/05/2023 - 12:37

        Serious question. Do you have delivery issues from say amazon or food delivery? Doesn’t it get lonely?

        • MS Paint on 20/05/2023 - 13:05
          +8

          Australia Post delivery lady drives past every day. Amazon takes about 4 days. Never used food delivery because I'm not a lazy #%@=. I've seen the local pizza joint car go past so I guess I could order pizza. Again, much prefer to cook my own.

          I live in an area with multiple 50+ acre hobby farms. I know all the neighbours and we all help each other out. We spend a lot of time with them especially in the summer doing watersports. Never lonely, in fact it's more like living in the 80's where neighbours drop in randomly. We occasionally lock the front door if we remember, that sort of area.

          It's a bit of an us and them with hobby farmers and the nearby legit broad acre crop and cattle farmers but after a few beers they chill down.

          I'm only 10 minutes from a regional town that has everything we need. Colesworth, Aldi restaurants, cafes and most importantly for me - bunnings.

        • gromit on 21/05/2023 - 10:03
          +2

          When I lived on the farm I actually knew my neighbours and talked to them a thousand times more than I talk to anyone on my street now I live in the city. Hell I only know the name of one of my neighbours here and that is just to say hello. So I doubt loneliness is an issue, more likely to be lonely in the city.

  • KaTst3R on 18/05/2023 - 21:04
    +1

    Build yours 3 stories so you can look directly at their 2nd storey.

  • brad1-8tsi on 18/05/2023 - 21:24
    +5

    Their place complies with building regs as there was nothing beside them when they built.

    When you build your place you will have to comply with the regulation you have posted. So that will be a raised lower window ledge, external louvres, frosted windows, etc.

    You snooze, you lose.

    My recommendation is raised lower window ledge. It works well and gives you a lot more wall space.

    • markrule on 19/05/2023 - 10:07

      Thanks good advice

      • brad1-8tsi on 19/05/2023 - 11:31

        I'd post a photo of my place but can't do that here.

        900mmx2100mm glass bricks for the apartment fire regs at 1.35m height. 900mmx500mm louvre window for ventilation and to meet the rules for maximum opening size.

  • hasselbladsnapper on 18/05/2023 - 21:29
    +5

    Buy a larger block!. In actuality, once a house is built YOU have to make your house fit with next door. We had a garage wall next to ours, which was ok but not a piece of art!.

    Just designed our house on that side with no windows - problem solved, its up to the newcomer to make the best outcome, or as others note have frosted glass, or fence Good luck.

    • Mechz on 18/05/2023 - 21:36

      You could have put windows in then planted a nice creeping vine to cover the brick and provide some nature escape. It's all about the Zen, bro.

    • markrule on 19/05/2023 - 10:07

      Thanks

  • Empharand on 18/05/2023 - 21:34
    +1

    Build a multi-level hotel and run a business from that block of land instead, that will show them!

  • Tily on 18/05/2023 - 21:44
    +6

    Have just started the build for our double storey and none of the houses around us are up yet. We were told by the builder that as long as no neighbours have gotten their occupancy permits yet before we get our building permit, we don’t have to worry about overlooking requirements.

    I’m glad we are building first cause it’s saved us a bit on the costs to meet overlooking requirements.

    • markrule on 19/05/2023 - 10:06
      +1

      Correct. Got clarification from the council and this is what they said.

  • nswnotill on 19/05/2023 - 07:58
    +2

    I am with altonic. Consider planting various trees and shrubs between the two residences. Species etc. may depend on the widths of your yard and the width of neighbours yard between the two houses.
    You could also consider erecting a pergola or similar structure on the land between. Cover it with shade cloth.

  • kanmen on 19/05/2023 - 11:33

    Yep, agree with the comments above. We built a double storey house before our neighbour who also built a double storey house. They had to frost their windows facing our house while we didn't because we got in first.

  • kiitos on 19/05/2023 - 14:28

    How close are the windows to the boundary?

  • 2esc on 19/05/2023 - 21:15
    +1

    Only thing you can do is consider the design of your house. Personally designed house or look hard for something that may work on your block. Consider verandahs, screens etc.

  • Thor Bargain God on 20/05/2023 - 13:17
    +1

    I live in a double story house in Victoria surrounded by another to my right and a row of them to the back of my property - we can each look into each other's back yards, as well as the living areas through the windows when the lights are on. There is only one single story to my left. In my suburb double stories are predominant and that is just a fact of modern life. People have moved to my area to build the biggest houses possible from other well-to-do areas and a few of them have features like lifts, indoor pools and a Ferrari in the garage. I didn't realise for a few years but there is also an exclusive gated area and you can only view the houses in that area when they come up for sale on the internet. Some people try to grow really thick and high hedges to maintain a little back yard privacy - you might want to give that some thought.

  • sabrelli on 20/05/2023 - 14:39

    Nothing you can do. The upper storey of my neighbours house look directly into my backyard/lounge/living and i have same view of theirs from my 2nd storey. I have blackout blinds/curtains on all my door/windows.

    Whats worst is they have like 3 cameras pointing directly at my house. I step out onto my alfresco and it triggers their cameras. Looked into privacy laws and theres nothing in place for residential in NSW.

    • Ghost47 on 20/05/2023 - 14:47

      Whats worst is they have like 3 cameras pointing directly at my house. I step out onto my alfresco and it triggers their cameras. Looked into privacy laws and theres nothing in place for residential in NSW.

      Have you tried talking to them about it? Sounds frustrating.

      • cashews on 20/05/2023 - 18:22
        +1

        I spoke to the camera, but didn't get any response.

  • croc330 on 20/05/2023 - 14:44
    +1

    https://www.tipsbulletin.com/amazing-evergreen-trees-for-pri…

    I'd just start now with a properly prepped site and an "evergreen screen".

  • Bluto Mindpretzel on 20/05/2023 - 14:47

    Build a house that overlooks their yard right back.

  • DeepMidWicket on 20/05/2023 - 14:55

    Am I the only one who feels sad for OP's neighbour

  • drfuzzy on 20/05/2023 - 17:35

    You are part of the reason housing is unaffordable in this country.
    You are one of the NIMBYs harassing people who are trying to create more housing.
    I developed once and added new housing stock but will never do it again. All the headaches from NIMBY neighbours is too much.
    At one point I removed a council approved boundary wall as one neighbour complained it about it.
    Then I had to deal with a second neighbour complaining because they wanted the free wall.
    I have neighbours overlooking my backyard and into my living room and bedroom. I have to deal with it and so should you.

  • [Deactivated] on 20/05/2023 - 17:51
    +1

    NIMBYs harassing people who are trying to create more housing.

    And here I was thinking you were referring to neighbours in Nimbin

  • congo on 20/05/2023 - 20:13

    Guess no more skinny dipping in your "future" pool.

  • Protractor on 20/05/2023 - 21:35

    Have some curtains custom made with the word CREEP/ PERVE or " WTF are you looking at" , printed on them (in bold fluorescent glow in the dark text) , hang them in the windows (of your place) facing the 2 storey house.
    Hints are a thing

  • dbun1 on 21/05/2023 - 09:51

    The issue is that that they got in first.

  • payless69 on 21/05/2023 - 12:34
    +1

    Should have put a sign there on day 1: Future nudist resort!

  • hibiscus on 21/05/2023 - 12:50
    +1

    This seems so unfair that they don’t have to comply. Especially in new estates where it is a given that homes will be built in the short/medium term (no sympathy for land bankers though). People lack any sense of decency these days, why would you even want to look in someone’s yard. OP, I sympathise with your situation, but now it’s done, I would look at landscaping to create privacy. Though it might block yours or their sunlight depending on orientation.

  • pndl on 22/05/2023 - 12:29
    +1

    Request a copy of the neighbours approved plans from the council, if they don't match, then you might have a some cause for complaint.

  • [Deactivated] on 28/05/2023 - 16:13

    Build a spite house and laugh back at your neighbour's schadenfreude
    https://www.theguardian.com/cities/2018/jun/21/spite-buildin…
    My neighbours have done the same as OP's, and spread 50 tonne of top soil over my lot whilst I was overseas - was going to be a single storey build NOW 2 storeys 2.7 ceilings and a high pitch roof to the rear of the block - they can kiss their views goodbye.

  • noideaa on 28/05/2023 - 21:47

    Buy some advanced pot bamboo Gracilis or Old Hamii variety, or weeping lilly pillies.

    They grow rapidly and will completely cover the second story in 4 years because of their dense foliage on top.

    It will give your backyard a nice rain forest look.

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