What Are My Rights When Neighbour Is Building a House?

LAT1013 on 14/06/2023 - 12:44
Last edited 14/06/2023 - 14:15

For context, my neighbour is building a 2 story house with a roof deck (so effectively 3 levels) in the City of Boroondara Victoria.

I'm not trying to be difficult and I don't want to raise up a fuss with the neighbour that's building yet, until we have solid ground to object per se, as it seems like he is building this "dream home". I'm okay with him building a dream home as long as not at the compromise of the enjoyment of my property.

One of the main concerns is there will be a open roof deck that may affect the privacy of the surround properties.

Main issue is that no planning permit is required in the city of Boroondara for this build, as it's not in an overlay zone, and it's not a small-lot development, and it's for a single dwelling. So council has said that no permit is needed and no planning permit has been issued and therefore the neighbours have nothing to object to per se. Only a building permit is required which is done through a private building surveyor. I've tried to contact the building surveyor but they've essentially just said that they can't disclose anything to us as they have a duty of privacy to their client and can't discuss much with us.

I've looked at the Residential Development Standards (ResCode) and it seems that the proposed design of the new build pretty much max out everything that they can without having to get council permit to do so. For example, minimum screening height of 1.7m on the roof deck, 3.2 height garage wall right next to the boundary line etc.

I've talked to the surround neighbours and we mostly have concerns regarding the open roof top deck that provides easy viewing into neighboring backyards and secluded private space but at the same time meets the Rescode per se (it's kind of a grey area to be honest because it's still would be a direct line of sight into other private property).

I'm not sure who we should raised the concern to as council doesn't need to grant any permit and building surveyor doesn't seem want to take our concern into consideration as long as the new build meets the building code.

Again, I'm not trying to be difficult, but I want to know what us the neighbouring owner can do if we have reasonable concerns and who we should talk to see if it's a valid/genuine issue we can raise with the building surveyor or council.

What are my options and who would be the best to consult this with?

Thank you

Home & Garden

Comments

  • boomramada on 14/06/2023 - 12:53
    +10

    Contact them www.boroondara.vic.gov.au?
    if the construction is approved, you can object, that's pretty much it.

    • 87percent on 14/06/2023 - 13:11
      +2

      speaking to a neighbour about this recently, he said unless there's SIGNIFICANT objection from multiple parties, its pretty much stiff
      Our neighbour is sub-dividing, and they're putting a patio on the 2nd level that would look directly into my neighbours swimming pool. He objected, and it got rejected. He even spoke to lawyers about it, but it would be about $20-30k

      • AT1013 on 14/06/2023 - 13:29

        There are actually multiple neighbours concerned about this as a roof deck can see into multiple properties (unrestricted view into their backyard). However, the council won't accept any objection as council is not granting any permit in this case.

        Who did your neighbour object to btw?

        • 87percent on 14/06/2023 - 13:32

          the council sent out a letter a few months ago to surrounding neighbours. It didn't affect me, as it was the sub-division at the back of their block, so i didn't object. He told me his other neighbour objected too

          • ifyareckon on 15/06/2023 - 17:27

            @87percent: The subdivision is what triggered the need for the letter to the neighbours. In OPs case, the single dwelling on the lot does not trigger the need to inform neighbours and give them an opportunity to object.

        • redfox1200 on 16/06/2023 - 07:43
          +3

          how can the roof deck see into multiple properties when the house isnt even built yet? and there will be screening

        • CalmLemons on 16/06/2023 - 20:55

          Council has nothing to do with it. It has nothing to do with town planning as town planning is not required.

          As long as the building complies with rescode you cannot do much at all.

          It's boroondara (toorak, balwyn, hawthorn, kew), you'll just need to find deeper pockets like your neighbours and everyone else in your suburb and build an even bigger house with a 6 car basement garage and a deck.

  • mskeggs on 14/06/2023 - 13:00
    +18

    I think if it is a complying development there isn't much you can do. If your council allows the elements that bother you without an approval process, that is the regulation. All you can do is flag anything you think doesn't comply, and/or ask your neighbor to consider changes that you might like, but they won't be obligated to make them.

    The council will have a planner on duty to take a phone call where you can discuss what is required and what they advise if the development is allowed but an issue for you.

  • thatonethere on 14/06/2023 - 13:05
    +26

    If it's all legit and on their land, you have nothing to legally complain about.

    You could offer to buy their block of land and cease the building.

    Probably best bet is to talk to the neighbour about line of sight privacy from their deck and whether they could consider screening your side to be a good neighbour.

  • ForkSnorter on 14/06/2023 - 13:06
    +12

    Grow some tall hedges.

    • knasty on 14/06/2023 - 14:23
      +11

      Sounds like bamboo would be required in this case…a lot of bamboo.

      • surg3on on 16/06/2023 - 09:39
        +3

        3 stories tall. Bamboo say no worries! gimmie 12 months.

    • Montyjpm on 16/06/2023 - 16:04
      +3

      Ask bin Laden's compound architect to build taller walls.

      • nobro25 on 17/06/2023 - 11:56

        Trump: The wall just got 3 meters taller.

  • Mokr on 14/06/2023 - 13:10
    +18

    Ms paint

  • AustriaBargain on 14/06/2023 - 13:14
    +9

    Plan ahead. Buy some trees or some privacy shade cloth or something. They are going to be spending a lot of time looking into your property from the sounds of it. If I had a deck on my roof I'd never leave it.

    • AT1013 on 14/06/2023 - 13:25
      +1

      Yeah, looks like the case, just want to see if I've missed anything.

  • Cluster on 14/06/2023 - 13:15
    +8

    I have a friend who dealt with something like this. Two story townhouses built with a balcony that allowed full view of his backyard and swimming pool. His solution? Erect a huge tarpaulin structure at the back fence to shield his backyard. It's ugly, and I don't know if he had any grief from the neighbours or council over it.

    An alternative is growing a line of pencil pines at the fence line. They grow up to 5m tall, but it takes at least 6 years to get to this height.

  • wannagrababargain on 14/06/2023 - 13:18
    -4

    There is a due process. Usually the planning notice is posted at the site or otherwise publicly announced somewhere (like a newspaper or website.) All plans are held at the local council for anyone to view on request. There is a request for comment period where anyone can raise questions or concerns with the council which, as a neighbour, you are absolutely entitled to raise.

    • AT1013 on 14/06/2023 - 13:24

      That's for if a planning permit is required. However in this case, no planning permit is required unfortunately.

  • Kongzi on 14/06/2023 - 13:32

    Embrace it

    • AT1013 on 14/06/2023 - 13:34
      +9

      Looks like it, Maybe we might build something similar in the future, and we can look at each other.

      • cuteseal on 14/06/2023 - 14:47
        +31

        I think he/she means you should go the full monty in your backyard, all day every day until they develop PSTD.

        • capslock janitor on 16/06/2023 - 10:38

          That escalated 🤣🤣

        • ItsMeAgro on 16/06/2023 - 11:56

          It may vary from state-to-state, but I think in Australia, laws about nudity in a private residence use a common-sense "reasonable-ness" test.

          Like, if your nude body is visible from outside your property, then it may or may not be illegal. Depends how much effort people must put in to see you, and how much effort you made to stay hidden (or be on display).

          E.g.:

          • Airing out in front of your front bay windows watching the schoolkids walk past 4m away? Not great.

          • In your bathroom towelling off with the window mostly closed, and only visible by telescope or drone? Fine.

      • WhyAmICommenting on 15/06/2023 - 16:05

        Make sure to get regular waxes so they can get full effect. Just be careful about the sun :)

  • madreece on 14/06/2023 - 13:45
    +26

    Isn't the 1.7m screening so he can't look into your backyard?

    • jjjaar on 14/06/2023 - 17:04
      +13

      Ding, ding, ding! Hit the nail on the head.

      This is exactly it, and OP can’t just expect something else to be done when this is the entire reason for the screening.

      • Logical on 16/06/2023 - 15:28
        +4

        and yet the OP still notes "we mostly have concerns regarding the open roof top deck that provides easy viewing into neighboring backyards".

        With a 1.7m screen around the roof deck there definitely will not be an easy viewing into neighboring backyards

        • Sxio on 17/06/2023 - 03:55
          +1

          Well I'm 1.92m tall. So actually pretty perfect for me to just lean on the thing…watching…waiting. Ready. For anything.

  • trevor99 on 14/06/2023 - 13:49
    +4

    Move to the country and build your own deck for a great and peaceful view

  • KaTst3R on 14/06/2023 - 13:51
    +2

    Since you know there is no council approval required, you can also do the same.

  • tsunamisurfer on 14/06/2023 - 13:52
    +1

    I was on the other side.

    I had plans to build 2 storeys with a parapet wall, facing 3 backyards.

    I actually complied with the parapet wall bylaws for the council, and it fell short shadow casting calculation that they do, but we would reach out to one impacted neighbour and seek their approval.

    We actually spoke to the neighbour ourselves and they said they would object, we scrapped the project losing thousands.

    Interestingly we could make changes and still leave 2 neighbours in a darker situation and be compliant (no need for consultation).

    I would expect if there is something objectionable the council would reach out to the neighbours FIRST then issue a DA.

    • apu on 14/06/2023 - 14:04
      +2

      Been on the other side. Built a single dwelling in an established neigbourhood.

      It is what it is. The surveyor will need to ensure that the building complies with overlooking/shadow requirements, some windows might get frosted etc. If the dwelling complies with the Code, then I'm not sure what your grounds are to complain.

      I now have even taller units being built around me so have planted screening trees around to protect privacy. That's progress for you.

  • ozaym on 14/06/2023 - 13:57
    +1

    Hey, I live in Boroondara, I heard a lot of cases like this from local school families, unfortunately the chances of you winning is pretty small, you will need to spend a bit of legal money to get anywhere, if you rep your self you will likely lose against an approved building permit.

    However given this is Melbourne I think the likelihood of them using a level 3 roof top is pretty rare, it’s windy as f&&@.

    • AT1013 on 14/06/2023 - 14:23

      I must say the open roof top deck is pretty rare in a residential neighbourhood zone. It's a fairly established neighbourhood with a lot of heritage overlay, which I think is one of the main reasons the surrounding neighbours have concerns regarding their privacy as its quite unheard of.

      • jjjaar on 14/06/2023 - 17:05
        +2

        Maybe rare near you, but it’s very common all over other parts of Melbourne.

  • DeeeeCeeeee on 14/06/2023 - 13:57

    If no council approval is required, why do some new developments, houses/apartments have frosted windows and balconies.

    • apu on 14/06/2023 - 14:01
      +1

      Because the Building Code still requires it if there is an overlooking issue. The private surveyor will determine this.

      • DeeeeCeeeee on 14/06/2023 - 20:12
        +1

        So, in this case would the roof deck need to have frosted panels at a sufficient height to block direct line of site to the surrounding properties backyards..

        • pangwen on 15/06/2023 - 07:21
          +5

          My reading of the OP is that the roof deck has a 1.7m high screen which would block line of sight.

  • Porker on 14/06/2023 - 14:09

    For information of some - building / housing approvals occurs via two main bodies; an independent building survey or via Council Town/Statutory Planning.

    OP has clarified the building has gone through a building surveyor such that Council has no approvals or involvement with this house's design. The permission to build is via an independent building surveyor which the OP has attempted to resolve the issue with.

    The challenge you will have OP is that the building surveyor to a degree is correct about privacy information, however, they shouldn't withhold general design information. As example, they should be answering questions such as 'Does X feature comply with Y regulations/requirements?'. They will give you the bare minimum answer.

    The other issue that OP will need to overcome is that the building surveyor is being paid for by the owner, so they're unlikely to upset their cash cow flow.

    The authority to monitor your situation would be the Victorian Building Authority (VBA). However, a recent ABC / Insight (I think) article exposed how disorganised that authority currently is.

    • AT1013 on 14/06/2023 - 14:15

      Thanks for the information, I'll have a look at these.

  • robbyjones on 14/06/2023 - 14:11
    +14

    You used it three times so if it's part of your regular vernacular I thought you might like to know it's per se, not per say, it's latin.

    • AT1013 on 14/06/2023 - 14:15
      +2

      Thanks for the pickup, fixed it.

      • Eeples on 16/06/2023 - 15:31
        +1

        This is the correct way to respond when others comment on grammatical errors and such.

        As opposed to being offended and screaming about grammar nazis.

        Cool AT1013.

  • Drpepper666 on 14/06/2023 - 15:17
    +4

    Don't call me Percy!

    • dtc on 14/06/2023 - 15:33

      shirley not

    • Almost Banned on 14/06/2023 - 15:38
      +1

      OP really seems to like to use per se

      • Protractor on 15/06/2023 - 10:19
        +5

        Maybe ockerism?

        Purse,eh?

  • ChrisLevo on 14/06/2023 - 15:33
    +7

    We had a similar problem with the neighbours pulling down part of the back of their house and building a two-story extension.
    Council was fine with it as they were planning to put up opaque screens to (from memory) 1.5m high around their proposed balcony.

    We talked to the neighbours on the other side of them (good friends of ours after this!) and told the neighbours that we would all be working and sunning ourselves in our back yards in the nude.

    For reasons that escape us, they decided that they did not want to see 70+ year old naked neighbours and stayed at one level.

  • TurboTortoise on 14/06/2023 - 16:07
    +4

    This is one option.
    https://www.heraldsun.com.au/news/naked-neighbour-takes-a-st…

    Otherwise the best you can do is keep an eye on the build and if you see anything that doesnt meet requirements then you need to move fast to alert council. Even then they may not do anything. We had a build next door that built the walls to the setback limit, then they put the eaves then roof another 30cm within the setback. Council came and look and said it really made no difference so they couldnt do anything.

    • kiitos on 15/06/2023 - 11:57

      That's frustrating, those setback limits would be there for a reason.

    • WhyAmICommenting on 15/06/2023 - 16:09

      “Mr Penlidis” did they just take his word for it?

      Mr Pen***is

  • pharkurnell on 14/06/2023 - 16:37
    +2

    Theres nothin' worth looking in my backyard, or any of the neighbours yards…

    What are you scared they will see? Your undies on the line?

    • capslock janitor on 16/06/2023 - 10:46

      You've looked at every neighbours backyard!?

      • pharkurnell on 16/06/2023 - 12:55

        Where i lived nobody had tall fences.. just ya 1950s fence all way round that was about 3ft tall. Would have cost too much for a 6ft fence 60ft x 400ft lot

  • JimB on 14/06/2023 - 16:45
    +1

    "I've looked at the Residential Development Standards (ResCode) and it seems that the proposed design of the new build pretty much max out everything that they can without having to get council permit to do so"

    The architect also know the ResCodes and will design it to max everything out within the codes.

    You can take solace that their rooftop balcony will eventually leak and give the the owners grief.

    Also physically measure the heights of the boundary walls etc before the occupancy certificate is issued.

  • Typical16-bitEnjoyer on 14/06/2023 - 18:34
    +5

    minimum screening height of 1.7m on the roof deck, 3.2 height garage wall right next to the boundary line etc

    Is your neighbour 8ft tall? If not, what's your problem then?

  • Carussell on 14/06/2023 - 18:35
    +1

    Install fence higher than his top deck

  • JIMB0 on 14/06/2023 - 21:47
    +7

    They most likely don't give 2 (profanity)s what you're doing in your backyard. Walk around naked and find out. They'll soon raise the screening if they're disturbed by the view into your yard.

    • juki on 15/06/2023 - 21:04
      +1

      yep a little friendly wave to the neighbour's mum while drinking coffee in my undies in the garden was a good hint they needed privacy more than I did

  • Sinnerator on 15/06/2023 - 08:41
    +4

    You have the right to watch and laugh as the tradies cut so many corners it'll be a miracle the house doesn't fall over.

  • WreckTangle on 15/06/2023 - 08:48

    Get some boundary trees in the ground now

  • bawdygeorge on 15/06/2023 - 08:48
    +1

    I've talked to the surround neighbours and we mostly have concerns regarding the open roof top deck that provides easy viewing into neighboring backyards and secluded private space but at the same time meets the Rescode per se (it's kind of a grey area to be honest because it's still would be a direct line of sight into other private property).

    1. How is there easy viewing into neighbouring backyards if there’s 1.7m screening on the open top deck?

    2. Why do you say it’s kind of a grey area? What’s the ambiguity?

  • Dslrfirst on 15/06/2023 - 09:45
    +2

    Dont use the expression "to be honest".

    • Protractor on 15/06/2023 - 21:46
      -1

      It's an ethno-linguistic thing.

    • dutch on 16/06/2023 - 10:43

      Whenever I hear 'TBH' it always makes me think all their others points are lies, since they need to highlight their honesty.

      • capslock janitor on 16/06/2023 - 10:49

        Well it's emphasis on something that might usually be too sensitive

  • Jaxy on 15/06/2023 - 10:09
    +2

    Are you planning to sunbathe in your backyard nude?

  • Protractor on 15/06/2023 - 10:17
    +1

    Ignoring the Karen referencing of the comment>
    "I don't want to raise up a fuss with the neighbour that's building 'yet'. "
    And not knowing if there are other 'personal' factors in looking for reasons to object ..
    You could…

    Paint some sort of filthy rancid offensive image on a trampoline mat in your backyard. Make it the biggest trampoline money can buy.
    At least you might eliminate wayward gazing

    • juki on 15/06/2023 - 21:05

      that would just trigger my interest and flag you as the most interesting neighbour to watch

      • Protractor on 15/06/2023 - 21:39

        It's all about where you choose to live, and how precious you are in that space.So look as much as you want dude. Either OP picked the wrong address initially or fate delivered a neighbour scenario he isn't comfortable with. To which I say, suck it up. Or (maybe) as above.Me? I think there's more to this than just a building OP doesn't like

        • juki on 15/06/2023 - 23:16

          possibly, and there is a whiff of karen in his post.
          like many others we dont all have a choice on where to live, but like some guy above said nobody cares what you are up to

  • slewis69au on 15/06/2023 - 12:56
    +4

    Our next door neighbor built a top floor with large clear windows that had a clear an unobstructed view into our back yard. I walk around it Naked quite a bit to use our spa and now those windows are frosted! I am probably fortunate they didn't board them up…

  • ColtNoir on 15/06/2023 - 14:29
    +1

    Looks like you’re mowing your backyard naked for a while. They might put up some privacy plants on their roof then.

  • jrvb42 on 15/06/2023 - 15:32
    +3

    If you want to control something, best to buy it. Their land, their business, as long as it meets DA guidelines.

  • Jstrrrr on 15/06/2023 - 19:33
    +1

    If they meet all guidelines, then there is nothing you can do in terms of objection through official regulatory channels.

    Practically speaking, you can help with your own privacy by putting up roof/shields/veranda/sails/whatever in your backyard.

    Philosophically speaking, you are actually not entitled to a guarantee of privacy of being naked in your own backyard beyond what is provided for within the building rules. Any high rise building next to houses can see into every backyard. That's just way it is. You can celebrate the fact that you've had this bonus enjoyment of privacy thus far but will now need to adapt to the new situation. This reframing of the situation - instead of thinking of it as a loss of privacy, think of it as the end of a free privacy bonus, is your best bet of feeling better about it all.

  • jinkhaos on 15/06/2023 - 20:12
    +1

    i didn't quite get the point where they are screening up to 1.7m on the deck but still provides line of sight into your private open space? I believe the screens were intended to prevent that. Although the res code only limits up to 9m distance, so if you open space is beyond that they don't need to screen. Generally, if they are building right on the boundary line and your building is close to it, they need to get your consent through Protection Work Notices. at that point you can voice out your concerns / requests

  • fredk1000 on 15/06/2023 - 20:48
    +1

    Build a fence like this one;
    https://www.facebook.com/ACurrentAffair9/videos/the-great-wa…

  • dhx on 15/06/2023 - 21:00

    Perhaps the cultured residents of Boroondara would appreciate your newly identified interest in the high arts?

    Commission for your backyard a new installation in the Jakub Geltner 'Nest' series (examples: http://www.geltner.cz/root/nest-04/, http://www.geltner.cz/2009/nest-07/)

    Also commission a new paint scheme from renowned artist Jane Gottlieb (examples: https://janegottlieb.com/home-sweet-home)

  • sashatheman on 15/06/2023 - 22:07

    Sounds like you are being difficult.
    If the neighbors is following all the rules of the council and is building next door they can do that.
    Put some fast growing plants to block off the view if you are concerned.

  • OzzyOzbourne on 15/06/2023 - 22:17
    +1

    Build a deck above their deck

    • AT1013 on 16/06/2023 - 13:13

      Prob can actually, can't build anything higher than 9m in this neighbourhood, but our land is slightly higher than theirs so if we were to do something similar, our roof deck would be higher than theirs. I'll keep that in mind. ;)

  • Ciderfizz44 on 15/06/2023 - 22:47

    MS paint please, need to size up their deck.

    • AT1013 on 16/06/2023 - 13:12

      Roof deck will be about 82m2, pretty big I must say.

  • fragileheart88 on 15/06/2023 - 23:15
    +1

    Think positively,

    Privacy - easy fix by installing frosted screens etc…

    This type of development helps to increase your property value!

    adding some $$ into your pocket, isnt this great??? unless you dont love $$

    • AT1013 on 16/06/2023 - 13:10

      I agree this will increase the property value 100% and definitely a good thing. Just making sure my rights are protected at the same time. I don't want to be unreasonable of course.

    • capslock janitor on 16/06/2023 - 13:18

      will it increase OP's property value thho ?

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