Neighbour Damaged a Dividing Fence

Mugsy on 20/04/2025 - 08:57

So our neighbour is currently constructing their house. One of their workers looks to have backed up an excavator into the dividing fence and we have visible dents in the colorbond, and also one of the posts is now leaning towards our side.

We've contacted the neighbour asking what they intend to do about the damage and have had no response from them. Included in the email is footage from our security camera of the workers on site at the time the damage was done and them inspecting the damage/fence alignment.

If they don't reply, the typical QCAT process requires me to get at least one quote for the damage in order to issue a Notice to Contribute for Fencing Work to the neighbour:

https://www.qcat.qld.gov.au/case-types/tree-and-fence-disput…

This is an issue as their site is fenced off and I don't have their permission to get someone on site to get a quote. Additionally, I've asked our original landscaper who built the fence to quote but he says the neighbour still hasn't paid him for their share of the costs for the dividing fence so he refuses to get involved again.

QCAT's hotline isn't available atm due to the public holiday so I will need to wait till Tuesday to call them for further advice since a) the repairs shouldn't be my cost, and b) we've previously had issues with this neighbour when getting the dividing fence built (had initiated the QCAT process for mediation which was when the neighbours finally came to the party to go ahead).

Just wondering if anyone has had similar experiences and can offer further advice to what I'm already doing? Many thanks.

Home & Garden Fence

Comments

  • Brick Tamland on 20/04/2025 - 09:08
    +6

    Owner-builder? if not why don't you contact the builder

    • Mugsy on 20/04/2025 - 09:19

      No idea who the builder is (zero signage at the front), nor is the builder responsible as the excavation work was for the neighbour's landscaping.

      No idea who their landscaper is… they possibly contracted a few workers and directed them to do some work.

      No house frame has gone up yet… just the slab has been poured.

      EDIT: to provide a bit more context, the slab is 0.5m or less from both side boundaries which would make getting equipment through for the backyard landscaping difficult/impossible after the house is built thus why I believe they're doing the backyard's landscaping work now. Looks dodgy too as that backyard area is a protected vegetation strip and I doubt council would have given them a permit to concrete the entire area including up to the base of protected trees… but that's a different issue altogether.

      • RogerLoger on 20/04/2025 - 09:41
        +12

        Sigh! Absolutely nobody takes personal responsibility for their stuff-ups now. It is the fault of the worker who ran into it. The owner should pursue it with the contractor. It seems that is not happening. So, there should be a Development Application with Council that will include details you need to follow up. When push comes to shove, bear in mind that the property owner is as much a victim of the fence damage as you are.

        • kiitos on 20/04/2025 - 09:45
          +13

          Owner probably doesn't care at this stage, would rather put any fix off until the build is complete in case further damage happens?

          • RogerLoger on 20/04/2025 - 09:54
            +12

            @kiitos: Fairly much how I would do it, except for adding an apology to the affected neighbour and details of when it would be done. A little communication helps prevent neighbour hostility.

            • Mugsy on 20/04/2025 - 10:10
              +3

              @RogerLoger: Yes, the comms would have helped tremendously.

              Between the damage and when I contacted them, it had been a week so I had given them time to look into the matter with their contractor but I have my suspicions they're engaging workers directly (that may no have adequate insurance to cover such damage) and there is no head contractor looking after the whole build.

        • jjjaar on 20/04/2025 - 13:03
          +1

          It is the fault of the worker who ran into it. The owner should pursue it with the contractor

          Exactly, the workers company should have sufficient insurance to cover these things

      • bargaino on 20/04/2025 - 10:16
        +3

        If they don't reply, the typical QCAT process

        That is for splitting the cost. If you think they are liable for the full cost, that is different.

        (zero signage at the front)

        No license number? Well that is illegal for a start. And enforced! Talk to your local council first . The ranger?
        And the builders registration people.

        the slab is 0.5m or less from both side boundaries

        No minimum setback where you live?

        • Mugsy on 20/04/2025 - 10:33

          Yeah, they would be liable for the full cost.

          I called council asking for advice (making it clear that this isn't for a new fence but for damage to an existing one) and they pointed me towards QCAT's process. I think I will just need to talk to QCAT about what I am meant to do.

          We definitely have minimum set backs… it's Brisbane City Council. It's why it all looks very suss especially after the neighbour's history of having DAs knocked back.

          Sounds like I may need to get the QBCC involved on that licensing matter. That'll make the last 3 properties I've lived in that I had to get the QBCC to deal with dodgy builders - lol

          • jjjaar on 20/04/2025 - 13:01
            +5

            @Mugsy:

            I called council asking for advice (making it clear that this isn't for a new fence but for damage to an existing one) and they pointed me towards QCAT's process.

            Don’t even mention the fence - say that there are issues with the construction site and ask to speak to the relevant department that issued/oversees the permits.

      • omguleh on 20/04/2025 - 10:59
        +2

        Give a call to QBCC/WHS if signage is missing.

      • MrFrugalSpend on 20/04/2025 - 14:14
        +12

        I work for a building company. It's very unlikely a separate landscaper is involved if the slab isn't even poured yet. The civil works / hard landscaping is probably in the builder's scope. Even if it isn't, he'd be coordinating as the principal contractor / PCBU. One party has to be in charge of the site.

        There should be signage saying who that is.

        I'd suggest you just talk to the builder / workers that did it politely. Be nice and understanding, don't unleash on them for no reason. Accidents happen. You catch more flies with honey than with vinegar. Just walk over there and if safe to do so, introduce yourself civilly, ask them who the builder is / who is in charge, and once they tell you that, inform them you note the fence got damaged and have it on camera from your side, and ask them who is fixing the fence and when. Give them time, don't expect it immediately but ask for a firm date and details so you can follow it up. I wouldn't fix it until the end of the build in case more damage happens myself.

        The very fact you are trying to ring for QCAT advice on a public holiday makes me think perhaps you are rushing a little. You've got to give people time and a bit of benefit of doubt before taking legal action. Sounds like you'll have more chance with the builder than the owner from past experience. They are running a business with reputation and licensing etc. Plus you have to live next to the neighbour so try to keep it civil.

        You sure don't need QCAT advice if you haven't even had a civil conversation! All these sorts of things should be done in person, or at least verbally. The followed up in writing. I'm guessing your 'contacted the neighbour' is some sort of stern email!? If you can manage to be nice to their face, its very hard for them to say no, so it is for your benefit. Probably why you had so much trouble the first time, did you give them options, hear out what they want for a fence in a calm discussion or just email or write them some notices and quotes that suited you and your timing? They probably didn't even have their construction finance sorted yet and were getting threats from you.

        PS - the slab would not be 0.5m from both sides. I think you'd be surprised how small that is.

      • Derrick Crane on 20/04/2025 - 16:07

        Have a look in the power box.

    • Dr Phil on 21/04/2025 - 16:11

      Council has juristiction here.
      They issue notices and fines for construction non-compliance

      So contact your local council.

  • Some Human on 20/04/2025 - 09:41

    How long have you been waiting for a response?

    • JimmyF on 20/04/2025 - 09:48
      +8

      3 hours.

    • Mugsy on 20/04/2025 - 10:07
      +2

      I emailed them on Wed night. Don't get me wrong, I'll give them a reasonable amount of time to respond but I do want to have my ducks lined up with the next steps if they don't take the relevant action to rectify the issue.

      I'm just mindful that when we were trying to get the dividing fence built, they would take 2-4 weeks between replies. They were adamant about NOT building a dividing fence until their house was built… they had no DA approved at that point and they had said that their earlier one or two applications got knocked back.

      I even engaged a fencing contractor that spoke their language to make it easier for them to understand what was going on and their obligations under Brisbane and Queensland laws to have the dividing fence built if a neighbour requested it.

      At the 3 month mark of trying to engage them, I got fed up and initiated the QCAT proceeding process for minor fence disputes. It was at this point they told my contractor that they were happy to go ahead so that I'd pull the QCAT application.

      As a side note, I currently still don't know if they have a DA approved as nothing is showing on council's development.i portal. The whole build with zero signage at the front, next to nil side access, no DA approval showing council's website, and what they're doing to the protected veg strip, is very suss.

      • Protractor on 20/04/2025 - 10:34
        +2

        Given this QCAT thing seems inevitable. If they had to be pampered through the fence building stage (as you have described) they will be ignorant to the rules (deliberately) It's easier to destroy shit & pay a fine later in Australia. Get on the front foot even quicker, I'd say.
        Also if there is supposed to be protected areas adjacent to their block, keep images of the process. Before during and after. And call the council live, if there's a known breach occurring.That includes the lack of signage.Even owner builders have to comply. Suss is an understatement.
        If you have to do a second round of emails to get a response cc the council officer responsible for this sort of bylaw.
        Maybe even include QCAT

      • onetwothreefour on 20/04/2025 - 10:36
        +4

        So the neighbour didn't want the fence until the house was finished, I assume as they knew it was a construction site and they didn't want to risk damaging the fence but you pushed them into doing it. Now you're wondering why they are not responding to you straight away after the fence got damaged? I'd be a bit annoyed with you if I was the neighbour.

        • Protractor on 20/04/2025 - 10:44
          +2

          If the build is not correctly sign posted (construction site)etc, all bets are off IMHO.

        • Mugsy on 20/04/2025 - 11:25
          +12

          Given that we were moving in before they had even (presumably) gotten their DA, that we have a dog and council requires adequate fencing, that the neighbours couldn't give us a timeframe for their house construction, that the typical action under such a scenario was to build the fence first and the neighbour would be entitled to getting the fence taken down during construction (we went with colorbond as the panels can be removed easily to cater towards the neighbour's situation), and that both council and QCAT agreed building the fence first would have been the right thing to do as per their laws/regulations, I think the neighbours need to put into perspective the council and state they've elected to live and build in and comply with the expectations of them instead of being selfish.

          Up until 1 month ago, it was a vacant lot with zero construction going on. We took possession of our house halfway through last year. We waited 3 months before going to QCAT at which point, the neighbours still couldn't advise on a start date for their construction.

          The neighbours could have spoken to me before getting their excavators on site to remove the fencing whilst they got their excavation work done. We could have come to an agreement. This was something I offered them still in the last communication I had with them when the fence was being built. They did zero communication with me.

        • Assburg on 21/04/2025 - 14:52

          Yeah man who wants to look out their bedroom window at 7am and see 3 tradies having a cigarette and a chat about how long their turds are 2m from their window.

          Contractors are liable for the damage they do so it's no issue for the owner.

      • Seraphin7 on 20/04/2025 - 13:43
        +2

        To be fair, an email sent on Wednesday night, especially prior to a four day long weekend, may well not have even been seen yet. Let alone any desire/ability to action it in the ensuing time. This all feels like you want this to go to QCAT or some other similar route, rather than seeing what they actually respond with.

      • CalmLemons on 20/04/2025 - 23:29
        -1

        If it's a single house they don't need to be on councils portal.

        Have you actually talked to the neighbours over the phone/in person?

        Sometimes people just don't read e-mail respond to letters.

        Tbh the impression I'm getting is that you're rather the type that, my tree is close to the fence, make sure you don't damage it. Honestly you sound like a bit of a drainer before your neighbour has even moved in. I reckon your neighbours just sound ethnic and there is a language barrier.

        On another note I'm surprised your fencer has not chased up the neighbour for the payment - however I am assuming there is some breakdown in the way you guys are communicating with the neighbour.

        From my experience, I would leave the fence as it is now, because they will definitely hit it again guaranteed.

        Good luck chasing this up though, you're in for a rough time tbh. Better to just let it go bro.

        I would reiterate - your neighbours don't seem like the type to respond or let along read e-mails. I'm gonna go a whim and assume they are migrants from a place where problems like your neighbour wants to build a fence on a new block and wants to track you down to pay for half of it and then go to court to force it probably doesn't hit the scale at a 1 of real life problems.

        Honestly feels like a rich tourist in a third world country wondering why no one speaks english, no offense. but I'm just getting thooose vibes.

        • Loopholio on 21/04/2025 - 12:51
          -2

          Clearly you read nothing before dumping that wall of nonsense.

        • Assburg on 21/04/2025 - 14:53

          Guess what, they sound like the third world tourist in a rich country turning our place into their dump…

          Might as well crush them early on to let them know we have some semblance of order here

  • mskeggs on 20/04/2025 - 09:42
    -7

    It is urgent you sort this out over the holiday weekend. Imagine if it got to Tuesday and the fence was still slightly damaged.
    I would call a 24/7 emergency fencing operator and get them to fly their helicopter team over to repair asap.
    Do not wait till Tuesday to call, if you can’t find a fencing specialist, try an emergency plumber, they will have several of the required tools, and be able to break in to Bunnings if it is after hours.

    Alternatively, maybe wait until Tuesday to give your neighbor time to respond if they are away for the long weekend, and to contact QCAT if necessary.
    You will need to live next to them, so managing all contact via QCAT for minor issues probably isn’t ideal.

    • Protractor on 20/04/2025 - 10:11
      +6

      Roll a big rock in front of the wound on the fence .
      Fence will heal (resurrect re-erect) itself over Easter.

      • Mugsy on 20/04/2025 - 10:18
        +2

        LOL. Got a good chuckle out of me on this one.

    • tenpercent on 20/04/2025 - 17:42
      +4

      I didn't get this sense of urgency from the OP.

      Did someone wake up on the wrong side of the bed?

    • Dreamcast on 21/04/2025 - 05:10
      +1

      Don't wait till Tuesday to see a doctor.

  • JimmyF on 20/04/2025 - 09:48
    -3

    We've contacted the neighbour asking what they intend to do about the damage and have had no response from them.

    When did you contact them? How long have you been waiting.

  • tenpercent on 20/04/2025 - 09:56
    +1

    This is an issue as their site is fenced off and I don't have their permission to get someone on site to get a quote.

    Why is that a problem? Surely they do the quote from your side? Without a photo and the vague description it sounds like you just need one or two panels replaced and maybe one or two posts.

    • Mugsy on 20/04/2025 - 10:13
      +1

      Neighbours look to be about to pour concrete right up to damaged fence meaning that anyone doing the fence repairs will need to deal with said concrete before being able to put new posts down.

      • ihbh on 20/04/2025 - 17:26
        +1

        My fencer had to core drill out holes for the fence posts from the neighbour's recently (year or two) laid concrete path. Luckily they didn't charge us any more.

      • tenpercent on 20/04/2025 - 17:48

        Did you flag that particular point with the owner? You left it out of the OP.
        Even in the best case scenario for them they will be up for additional costs beyond normal repair cost.

  • AndyC1 on 20/04/2025 - 10:00
    +1

    Neighbor must have $$$$ to have contractors working on Easter Sunday.

    • Mugsy on 20/04/2025 - 10:14

      Excavation work/damage was done two Wednesdays ago… but they did have workers here yesterday… two elderly guys slowly prepping for the back protected veg strip to be concreted.

      • tenpercent on 20/04/2025 - 17:41

        back protected veg strip

        What is a back protected veggie strip?

        • Mugsy on 20/04/2025 - 21:34
          +2

          Along my side of the street, most of the houses have a 80cm high retaining wall roughly 3m from their back boundary. This strip between the retaining wall and back boundary has a bunch of native trees that are protected. This was a requirement imposed on the estate's developers by council. Essentially all the affected houses lose a chunk of their backyard where the owners can't landscape as they wish in order to protect those native trees. Most of the trees are about 30m high (give or take) by my estimate.

          The original owners of the neighbouring lot who bought off the estate developers no doubt found it hard to get council to approve a large house on the block due to the retaining wall/protected vegetation area and ended up selling for a profit to my current neighbour. This is one reason why my neighbour is so far behind all the other house builds in the estate. Most of us bought directly from the developer and were able to hit the ground running with our builds.

          A few of us have been lucky with our protected strip in that the trees were smaller and in poor condition, or small and in the way of dividing fences from being erected that council gave us permits to remove these trees, do our landscaping, replace the removed trees from a list given by council, and supply a 5yr plan on how we intend to nurture those newly planted trees. But this was purely luck for those of us who ended up getting permits. Had council not approved of said permits, we'd have had to deal with a section of protected vegetation on our land that would not have been able to disturb. Such is the price of buying land in the catchment area of a top 5 state primary school in QLD.

          I suspect the neighbour didn't do their due diligence when it came to the protected vegetation (few would have looked up the developer's DA and found the aborist's report)… else they wouldn't have bought a fairly constrained piece of land and now find themselves trying to secretly concreting that whole area to create their vision of usable space.

  • TheMindsetTraveller on 20/04/2025 - 10:58
    +4

    good start to the new relationship, good luck moving forward

    • Loopholio on 21/04/2025 - 13:08

      The OP has tried to communicate with the neighbours. The neighbours aren't interested.

  • Dollar General on 20/04/2025 - 10:58

    Take it up with the person who hit the fence, if that fails, then the builder. Neighbour is last resort

    • Protractor on 20/04/2025 - 12:19
      +3

      Yeah nah, always go straight to the organ grinder.The monkeys will just ignore.

    • Loopholio on 21/04/2025 - 13:11

      It looks like the workers are unnamed and unlicensed. No signage, no taking responsibility for damage.

  • sharkyoz on 20/04/2025 - 11:58
    +2

    bikies

  • EightImmortals on 20/04/2025 - 14:47
    +1

    Wait till their house and built before getting them to repair the fence, chances are they will trash it again before the job is finished.

    • Protractor on 20/04/2025 - 14:57
      +1

      The OP has a dog to contain. If the neighbour can't keep his gorilla contractors off the fence then they can fix it multiple times. An easy choice.Fences aren't backboards.

  • JIMB0 on 20/04/2025 - 15:05

    Consider moving house. As a final FU, throw all your rubbish on their side as you leave.

  • p3nf0ld on 20/04/2025 - 15:44
    -2

    Glad OP is not my neighbour!

    Buys land and Builds house 9 months ago presumably initially with no fence.
    The neighbour buys land and wants to build house. Gets taken to QCAt because OP has dog and wants a fence put up between them before they start building (unsure of what OPs plan was for dog prior to neighbour deciding to build). OP decides they want colourbond fence & builds it with neighbour to pay half. Fence built. Neighbour beings to build house. Some damage to fence because its a worksite. OP decides to contact them just before Easter holidays to see what they will do. Chases up with QCAT again & told needs to organize a quote.

    FACE PALM!
    Sounds like the start of a beautiful friendship. [Chef's kiss]

    • Protractor on 20/04/2025 - 16:03

      Interesting version if somewhat askew of the OPs full story,thus far.

    • Muppet Detector on 20/04/2025 - 16:28
      +1

      In Qld, you don't have to wait until your neighbour builds to be required to contribute to a dividing fence.

      What happens if the neighbour has no immediate intention to build anything on their vacant land in the foreseeable future? Is the neighbour expected to wait years before they can have a dividing fence there?

      In Qld, you can often own vacant blocks of land with no intention to ever build on them far less any time soon, but they are still subject to the dividing fence legislation.

      In Qld it is not unheard of to have vacant land completely fenced.

      • p3nf0ld on 20/04/2025 - 16:59
        -1

        But that doesnt make sense either as OP took the neighbour to QCAT to force him to build fence.

        • Protractor on 20/04/2025 - 17:11
          +1

          Quote>

          At the 3 month mark of trying to engage them, I got fed up and initiated the QCAT proceeding process for minor fence disputes. It was at this point they told my contractor that they were happy to go ahead so that I'd pull the QCAT application.

    • tenpercent on 20/04/2025 - 17:40

      Sounds like the start of a beautiful friendship. [Chef's kiss]

      I don't think OP lives on Ramsay Street.

    • Loopholio on 21/04/2025 - 13:16
      +1

      Clearly you missed a lot, or chose to for dramatic effect. The neighbour hasn't even paid for their half of the fence and seems to be illegally building and planning to destroy protected trees.

    • McFly on 21/04/2025 - 17:10
      +2

      Glad OP is not my neighbour!

      So is the OP, myself, and probably many others…

  • 3MTs on 21/04/2025 - 08:48

    We are building a house at the moment and our builder damaged the dividing fence that our neighbour built. We noticed the damage and notified the builder. The builder acknowledged the damage and said they will replace/repair the fence.

    Your neighbour should not have a problem raising this incident to their builder. It won't cost your neighbour any money, and it really is just part of the business running cost for the builder.

  • Davo1111 on 21/04/2025 - 13:15

    Lol. It's been 2 business days and they haven't responded.

    I wouldn't want to fix the fence until after the house is built. BUT I'd acknowledge the email

    • Protractor on 21/04/2025 - 18:25
      -1

      So you didn't see or are ignoring the part where last time they took over 3 months to respond?
      I'd be full metal front foot too, with the previous form.

  • Schumi5 on 21/04/2025 - 13:54

    As Mrfrugalspend said, you should be dealing with whoever is in control of the site at the time.
    E.g if at demo stage then you should be dealing with the demolition company who has taken charge of the development at the time and made the damage, but if the site has been handed over to the contruction company or the construction company have organised thee demo then you deal with them. Although its the neighbours block they have handed the title/site as such to the construction company for the duration of the build and responsilbility is on them

    We had a similar issue where the demo guys ended up damaging a portion of the neighbours fence. The neighbours wanted to deal with me directly to resolve the issue. The demo company insisted that i not get involved as they are in control of the block and any issues is their responsibility, they have insurance on the site etc etc.

    • Protractor on 21/04/2025 - 18:24

      In this case easier said than done.How do you do any of that if the development is unsigned (incognito) ?
      If you approach contractors doing a stage of the works they'll tell you SFA, or to 'rack' off.
      This neighbours is the person responsible for making sure the builder/developer has their sign and contact details out the font in plain sight.

  • TOKEN8 on 21/04/2025 - 14:48

    What did your insurer tell you when you called them to notify of the damage? You do have insurance right? You have called them right?

    • Mugsy on 22/04/2025 - 16:50

      Home insurance doesn't cover fence damage when it is due to landscaping mishaps.

  • ricadam on 22/04/2025 - 12:09

    Can't find any details on your local councils property development portal? Usually Googling "Council Name property development hub" should net a result, can search for any recent development applications which should have the builders name at least.

    Had to do something similar for my neighbour when our houses were being built.

    • Mugsy on 22/04/2025 - 16:59

      Definitely not on BCC's development.i portal. I actually deal with property and developments in my line of work so am familiar with looking up DAs.

      I would have thought that there would be something on there given the owners would have had to get a relaxation with the set backs in order to get as close to the boundaries as they have (we have one wall 0.5m from our other side boundary and the application for that is all showing online).

      It's all very suss.

  • Mugsy on 22/04/2025 - 17:11
    +1

    Well, the owner's daughter has replied and in just under week so I'll give them credit for not taking 2 weeks.

    She said that they acknowledge the dents and will restore the fence as new. However, they don't believe the post that is now no longer aligned is due to their fault and blamed it on the weather causing the misalignment before their construction work started.

    What a joke!

    My security camera has footage from 4 min earlier showing the post correctly upright and not misaligned. Maybe I should proceed with QCAT and have my landscaper (who's still waiting for payment from the neighbours) there as an expert witness just to be sure that the repairs are done correctly.

    Following their reply, does anyone still think I'm over-reacting? You need to be on the front foot and have your ducks lined up when dealing with these people.

    • McFly on 23/04/2025 - 00:34

      No. Why should you be out of pocket/disadvantaged by someone else's stuff up?

    • Loopholio on 23/04/2025 - 08:26
      +1

      I would be going to QCAT etc. The neighbours will always deny and delay until it's too late. If you have contacted your local council they likely will check the site this week.

      As you said, they haven't paid for their half of the fence. They never will.

      • Mugsy on 23/04/2025 - 16:55
        +1

        Yeah, I discussed this with my wife last night and QCAT looks to be the way forward.

        I'll be replying saying that:

        • we don't agree that the post misalignment was due to some other factor
        • that our security footage shows the post properly aligned earlier that same day
        • that we respect that they may have info/evidence proving otherwise, and
        • that a mediation process via QCAT would be the fairest way forward which I am happy to initiate

        QCAT has given me advice on what forms I can use for this matter… and luckily I don't need a quote to accompany them even though it might ask for one.

    • Protractor on 23/04/2025 - 16:36

      No you weren't overreacting at all.
      It's just that the tribe has misspoken,LOL.
      Hit QCAT.

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