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

  • FlyingMiffy on 16/06/2023 - 08:38

    The building surveyor will look at rescode 84. If the overlooking is an issue, they will amend the plans or send out a dispensation to neighbours. A screening of 1.7m will make it hard for someone to casually look into your yard though… are you sure its an issue?

    • Nugs on 16/06/2023 - 08:46

      neighbour installs periscope
      .

    • AT1013 on 16/06/2023 - 13:05

      Yeah, I just want to make sure if any potential issues for the surround neighbours will be rectified at the planning stage, rather than when it's actually completely. As long as it's meeting the ResCode, then I don't want to be unreasonable.

  • TightAl on 16/06/2023 - 09:49
    +5

    It's melbourne, how many times will they use the deck? LoL

    • ribze1 on 16/06/2023 - 10:48

      4 days a year

  • johnno07 on 16/06/2023 - 10:48
    +4

    I for one want to thank the OP for being one of the few OPs with posts like this that has actually
    - done their research;
    - come looking for specific advice;
    - has not used exceedingly whingey language; and
    - is being respectful of those providing said advice.

    You are probably SOL given you've said they appear to be building to the applicable codes, but I wonder if your area has any more general "quiet enjoyment" style rules you can leverage. This might be a case where paying a few hundred bucks (and no more than that) to a solicitor who works in this specific area of law might be worthwhile - if nothing else to give you peace of mind you've done everything you can do.

    I think it's pretty reasonable to not want a huge deck looking down on your private areas (heh), but on the flip side, they probably think it's pretty reasonable to build to the max that the rules allow. This is pretty standard neighbourly tension that you can't really escape unless you move out into the sticks. Depending on how extroverted you are, you might end up being good mates with your neighbour and then you won't care about their view of your backyard - and hell, then you'll even have a free deck!

    • AT1013 on 16/06/2023 - 13:03

      Appreciate your words, I'm just looking to see if anything that I've missed and I'm not looking to make any unreasonable complaints. It looks like as long as the actually build will meet the ResCode and same as the proposed design, then I don't really have any ground to complain.

      • Logical on 16/06/2023 - 15:33

        correct. Hence why the rules say that a 1.7m screen to the roof deck is required and this will result in adequate screening to provide you with privacy.

    • JPMelb on 17/06/2023 - 21:44

      Agree - i've been through this with an application next door.

      Unless the council asks for neighbors feedback with respect to compliance then it is a done deal.

      If there is no need for feedback then it is within compliance.

      The best argument for review is to approach it from an environment perspective. For instance if there is a variation that reduces the amount of greenspace, cite local birdlife using the garden as is and that the reduction will have an impact if it is substantially reduced. That avoids the argument from being NIMBY to environment based and we all know councils are greenies in training in most cases.

  • ribze1 on 16/06/2023 - 10:50

    Sounds like the neighbour is compiling so there's not much you can do i'm afraid.

  • Excelsior on 16/06/2023 - 13:24

    If the project complies with regulations then you'll just have to live with it.

    Frankly speaking most people overthink it when in reality no one gives 2 shits about what their neighbours are up to, unless you're a bum that has nothing better to do all day.

  • ely on 16/06/2023 - 13:34

    You have the right to remain silent and should exercise it.

  • ihbh on 16/06/2023 - 17:46

    Get together with the neighbours and threaten(/hint at) to all build a 3 storey roof deck.

  • mding on 17/06/2023 - 12:03

    Check their plans are within building rules/code eg.setbacks from the boundaries.
    Because the council/surveyer don't check properly or care and the builder will try to get away with whatever they can.

    When the neighbour built 2 storey units next to my property, they labeled all my rooms as non-habitable so they can build right up to boundary line, ignoring the proper setback for sunlight ect.
    Useless council planning did not pick this up. I raised the issue and they had to change their plan and move their building back.

    But if it's all within code, then i dont see a problem.
    Privacy goes both ways, if they can see you, then you can watch them. Pull up a chair and admire their deck in your undies.

  • R1ngSt1nger on 17/06/2023 - 13:34

    If it's at building permit stage, then it's too late.

    If council don't require a planning permit, then the surveyor can just issue the permit as long as all of it meets rescode. If there was a chance it was breaching a code, then they would need to send a letter to the neighbour on either side and seek objections.

    Sadly, there's not much you can do about it, unless you can prove that the building permit breaches a rescode condition.

    • JPMelb on 17/06/2023 - 21:39
      +1

      Agree - if there has been no canvassing of neighbors opinion then it is built to code which means it is legal, but most likely an eye sore.

  • GourmetFoodie on 17/06/2023 - 14:15

    Your best option is to knock on the door (assuming he is living there) and ask to have a chat about the build. Go in non aggressive, say that you support it (hell, say you might even knock down and build yourself one day!) and flag your most important concern around the deck and privacy. If the bloke is decent he will not want to get neighbours offside and may even amend some ideas. The key is to be more than reasonable though. The guy has the right to build whatever he wants within the building code. Part of city living is dealing with close neighbours and the crap they build and the higher density. You can’t avoid it these days unless you move to the country.

  • bobolo on 17/06/2023 - 17:10

    NIMBY's are so annoying…grow a tall hedge and be done with it

    • drfuzzy on 18/06/2023 - 07:15
      +1

      I cancelled out your negative.
      I agree with you 100%
      The same people will be complaining about unaffordable housing.

  • JPMelb on 17/06/2023 - 21:37

    Basically, if it is being built to the code, you are boned

    If there is a variation, you can raise a concern and that violation to code is reviewed.

    The builder will have a surveyor that needs to sign off the compliance with code. I would see if you can get hold of them and ensure that you at least get the building built to code. Some builds go beyond code and then there is a seek forgiveness approach which leads to worse outcomes for the neighbours.

    I've gone through the process with an application next door in Glen Eira. You can also discuss with council planning.

    In my case the neighbour proposed about 6 variations to code, I was the only one that held them to account and it was reigned in.

    It will still be a big F*** Off Bogan palace….

  • drfuzzy on 18/06/2023 - 07:13

    OP you can object but your objection should, and hopefully will, be rejected.
    It is a nightmare trying to increase housing density in Melbourne due to all the objections and obstacles for the developer.
    I've tried it once - never again.
    I sympathise with you in that my neighbours can stand in their kitchen and look straight into my living room and my bedroom - but that is the nature of inner city housing in Melbourne.

    • pangwen on 18/06/2023 - 07:49
      +1

      To be fair, adding a roof deck isn’t really contributing to housing density.

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