Is It Legal for My Neighbour to Raise Their Elevation?

duluxe2000 on 15/05/2024 - 21:38
Last edited 16/05/2024 - 11:11 by 1 other user

Hey,

I will ask council as soon as possible. From my dealing with council, they are not much helpful so I would like to seek OZ's advice.

So there are 4 properties A B C in that order from left to right. My property is B. Elevation is also reduced gradually from A to C. So when it rains, water goes from A to B then to C

However C now get some soil to make their back yard higher which makes B to become lower than both A and C. When it rains, all water will stay in B

So is it legal for C to do that? Is there any law/regulation for such a thing. I kind of feel it's not right but never heard about it before

Thank you

Home & Garden

Comments

  • Benoffie on 15/05/2024 - 21:40

    Im wondering why no one in the 3 places has decent drainage?

    • duluxe2000 on 15/05/2024 - 21:51

      We are on a hill (kind of) but backyards are lower than the street. If everyone builds correctly, water just goes down hill. That's how it works for many years.

      A proper drainage can be built but it cost tens of thousands dollars

  • MS Paint on 15/05/2024 - 21:47
    +13

    So there are 4 properties A B C

    Sell up and move to D

    • duluxe2000 on 15/05/2024 - 21:58
      +6

      Waiting for the RBA to reduce rates to buy both A n C but damn Labor just throws 3.5 bil into the economy so it might take a few years

    • Jimothy Wongingtons on 15/05/2024 - 22:06
      +2

      move to D

      Posts like these make me think the smart move is to move all the way out to Z in whoop whoop on a large acreage. Sure the internet will be terrible, taking 5 million refreshes to load up the latest drama in ozBARGAIN forums, and you’ll need a crew of rag-tag battle hardened veterans, dogs, and 6 months supplies to go out on a food and supplies resupply run but I expect many times where you’ll just sit on the deck and go ‘ah, the serenity’

      • MS Paint on 15/05/2024 - 22:44
        +3

        Based on that I live at block T. The internet is good, the blocks are huge, most services are 15-20 minutes away, the milky way on a clear moonless night is mind blowing and I still get to say 'ah, the serenity'.

        • Nugs on 16/05/2024 - 07:35

          we're at G or H then, small acreage 500m from residential blocks. closeish to most common amenities but wouldn't walk to school or local deli for a loaf of bread
          no drainage issues
          .

        • mapax on 16/05/2024 - 07:48

          Any SUV blocks available in your area?

          • Jimothy Wongingtons on 16/05/2024 - 09:23

            @mapax:

            suv

            at least wont need to consider kayak carrying compatibility when can just kayak in the new water feature in the backyard

            • mapax on 16/05/2024 - 12:27
              +1

              @Jimothy Wongingtons: With the crime levels in Melbourne I think a moat water feature around the perimeter of the property would be the way to go.

              • Jimothy Wongingtons on 16/05/2024 - 12:28
                +1

                @mapax: So sad the ‘sharks with laser beams attached to head’ was unfortunately not in the build budget

                • mapax on 16/05/2024 - 12:38
                  +1

                  @Jimothy Wongingtons: It wasn’t the cost of the sharks nor the lasers that would have blown the budget, but due to the bureaucracy gone mad state of Victoria, it was the costs for the permits to have sharks to protect one’s own property…

      • DJR9000 on 16/05/2024 - 10:04
        +1

        SpaceX and buy a tank , APC or Unimog for trips to the shops

    • Drakesy on 16/05/2024 - 10:32

      *A
      All the sh1t will flow downhill into D

      • MS Paint on 16/05/2024 - 10:35
        +1

        Before selling B, move all the soil from B to D to assert dominance in this small community.

  • 7ekn00 on 15/05/2024 - 21:50
    +16

    Elevate B more than C and A, sit back laughing until A responds - rinse repeat until all blocks are more than 5 stories high in soil …

    • duluxe2000 on 15/05/2024 - 21:56
      +7

      Nice try, landscapers !

  • Numpty21 on 15/05/2024 - 21:51
    +4

    In my experience council will say not their issue.
    Generally properties should retain stormwater onsite.
    I’m guessing property C doesn’t want water from property A and B on their site and I don’t think there is anything illegal with what they have done.
    Best talk to the neighbours and see if there is a solution that works for everyone.
    If that fails maybe you will have to bring in fill to raise the height of your backyard….

    • duluxe2000 on 15/05/2024 - 22:00

      Ok let's say it's legal for them to raise their elevation but they can't make it slopes down towards my property right ?

    • leiiv on 15/05/2024 - 22:23

      Generally properties should retain stormwater onsite.

      That makes sense. All this time C always gets water the last from A and B and god knows where the water goes from there.

  • Summoner on 15/05/2024 - 22:21
    +7

    Not sure where you live, but most of the council prohibit lower property from interfering natural drainage. This is Wingecarribee Shire Council doc from quick google search:

    It is important to note that a downstream property owner cannot erect any type of barrier by
    way of large walls or closed fencing that interferes with the path of stormwater - if you are
    downstream, you must accept the 'natural' run-off on to your property

    Definitely contact your council for support.

    • duluxe2000 on 15/05/2024 - 22:22
      +1

      Thanks, this gives me some hopes. I will contact my council tomorrow.

  • cashless on 16/05/2024 - 01:30
    +2

    Dig a nice deep hole & build an in-ground pool

  • Dollar General on 16/05/2024 - 06:01
    +2

    Not sure about Sydney but in Vic, under the water act you cannot allow the flow of water to enter another property

    • Montyjpm on 16/05/2024 - 07:55
      +2

      This was the same problem I have and got council to come out to see the water draining into my backyard and they then advised the other property to have a small "cement lip" so that the water will drain onto the street. No problem since.

    • Jake D on 16/05/2024 - 10:14
      +1

      Same in most WA LGAs as well.

  • jv on 16/05/2024 - 09:10
    -1

    TL;DR

  • payless69 on 16/05/2024 - 09:26
    +1

    Collect water from D and sell to others!

  • pharkurnell on 16/05/2024 - 10:04
    -1

    Why cant they? Its their yard isnt it? Do they need permission to landscape their yard too?

  • Drakesy on 16/05/2024 - 10:35
    +2

    Most Council regulations state that all houses are to contain water within its boundaries, if they're flowing onto other properties they can be reported.

    If they build up higher next to you they'll have to put in a retaining wall (at their cost) and make sure nothing floods into your property.

  • Some Human on 16/05/2024 - 11:58

    Could you dig a French drain along the fence line and send the water down the hill?

  • Porker on 16/05/2024 - 12:51
    +1

    I've been to VCAT for a similar issue - mine though was the neighbour excavated their land and suddenly was the low point for several surrounding properties, so was getting flooded.

    VCAT member said that provided the water flowing into their land from ours was reasonable, then there's nothing that can be done about it. It's different if I were directing / diverting water flow into their property. Any water entering the neighbour's property from mine was typical overland flow

    With regard to OP's situation, I suspect OP would need to demonstrate that C is deliberately causing issue as opposed to just (for example) performing landscape improvements.

  • valuer on 17/05/2024 - 10:35

    Play loud music and get a Staffy. When their property value drops, buy it and move over there.

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