Query on Boundary Fence

kennyboi on 03/04/2023 - 17:46

Hi,

My neighbour is doing a redevelopment and has approached me wanting to replace the boundary 1.8 high cream colourbond fence. They offered to pay full cost but want the colour changed to dark brown, and height changed to 2.1. They said current fence is in poor condition, wavy and encroaching.

I checked the survey and the encroachment is no more than the width of a standard fence. Most parts of the fence is in good condition except for a panel. Not all posts are dead perpendicular - some posts deviate from perpendicular by a small angle (estimate <3 deg), which may give a wavy appearance. There are around a dozen or less minor dings but nothing major. I checked the neighbourhood on other similar colourbond fences built on natural ground, and almost all of them also don't stand dead perpendicular for every posts.

Anyway, the discussion so far is they offered to spray paint my side cream to address colour concern, but I refused this, as I want natural colourbond colour. I offered leftover material for repair, and made enquiries on extra height.

So, I wonder where I stand in request to this request? What are the assessment criterias to determine if a fence is in good or poor condition? Do I have a right to refuse this? All 3 sides of our fence were installed new about 9ish years ago at full cost to cream colour and I want to keep the current fence's colour, profile and specs.

Thanks

Home & Garden Fence

Comments

  • Bafranz on 03/04/2023 - 17:53
    +15

    Free fence? Go for it

    • pharkurnell on 03/04/2023 - 18:08
      +3

      agree… why is this even being asked… ?

      • websterp on 03/04/2023 - 18:44
        +12

        Not only a new fence but an extra coating of OP's preferred colour as well. Wish I had a neighbour like OP's.

    • cashless on 03/04/2023 - 18:46
      +9

      Plus, they want to add another 300mm in height.
      Even less neighbour intrusion. What a great deal, for no payment

    • MeesusEff on 04/04/2023 - 04:51
      +1

      My neighbour could put up a Barbie pink fence and i wouldn't refuse if they were paying for it lol

  • robbyjones on 03/04/2023 - 18:10

    You can get paint in colourbond colours. If you're not keen and they won't accept repair over replace then request they pay for painting of all of your fences if you are not happy with the colour match of the boundary fence you share.

    There is no clarification, I thought it was a council issue but apparently not it falls under NSW Government and the wording is broad, see here: https://legislation.nsw.gov.au/view/whole/html/inforce/curre…. Based on what you have said the fence is solid and doesn't need replacing it would then be up to them to pay but if you disagree on replacement they would require a court order under NCAT to proceed.

  • Typical16-bitEnjoyer on 03/04/2023 - 18:14
    +6

    Say yes - free fence
    Say no - probably get hit with a fencing notice\Court appearance, long term annoyed neighbour, no free fence.

    • pharkurnell on 04/04/2023 - 09:56

      and shit relationship with neighbours for life…

  • c64 on 03/04/2023 - 18:18

    free fence, say yes, why would you spend more money painting it

  • Godric on 03/04/2023 - 18:19

    Based on the information provided, it seems that the current fence is in decent condition, with some minor issues that may not significantly affect its performance. Therefore, it may be reasonable to suggest that repairing the damaged panel and restoring any minor dings would be sufficient, rather than replacing the entire fence.

    Ultimately, you do have a right to refuse the request to replace the fence, especially if you wish to maintain the current fence's colour, profile and specifications. However, it may be necessary to negotiate with your neighbour to reach a mutually satisfactory outcome, taking into account any legal requirements and obligations.

  • kennyboi on 03/04/2023 - 18:22

    From my research, spray paint on colourbond won't stick / last long. So I am actually getting an inferior outcome.

    • woodg on 03/04/2023 - 18:43
      +6

      Ask the neighbour to paint their side instead.

  • Rako on 03/04/2023 - 18:42
    +3

    You can put two panels in brown on his side cream your side, I know I've done it, the panels are cheap, you could paint your side of the posts. I definitely would not want to paint the new panels. A lot of fencers use inadequate amount of concrete for the posts, hence the lean, colorbond fences act like a giant sail.

  • dogboy on 03/04/2023 - 18:53
    +1

    Just put in cream panels on your side (reuse existing and brown on their side…

    • Euphemistic on 04/04/2023 - 07:00

      Can’t reuse existing if the fence height is increasing, but yes, double panels will work.

  • JimmyF on 03/04/2023 - 18:57
    +9

    They offered to pay full cost
    but I refused

    Oh you're one of 'those' neighbours.

    • [Deactivated] on 03/04/2023 - 19:52

      Curious on the thoughts here, I have been pretty good with the neighbours over the years and have been taken advantage of, so would be reluctant to leave a project to the other side especially a developer who has a legal team and is likely just going to flick the property. Anyway, the developer has to replace the fence with a 'like' fence hence they can paint their side if they want to match it to the development. No conflict just curious on your thinking on this. Painted fences don't match exactly and look ugly. What colour is the top rail - the developers or OP's. I would pay the $2K half of the fence in same colour on a million dollar home is irrelevant compared to poor aesthetics.

  • humilem servum tuum on 03/04/2023 - 20:10

    A boundary fence over 1.8 m is looking like it needs planning/building approval. Are they making a multi-story property development? If so, you should be more concerned that the fence isn't going to protect your views, privacy or share of sunlight.

    • kennyboi on 03/04/2023 - 20:40

      They are an experienced developer doing a knock down and rebuilding a double storey duplex in its place. So far other than fence colour and type, I asked how they plan to go over 1.8m as it is outside of exempt code. I don't mind so much about the 2.1 fence height as they will be double storey. I do however mind that the fence is not in the original colourbond colours, profile and style throughout (i.e. sheets, top/bottom rails and posts). So I wonder if "like for like" principle applies to fence in terms of colour, type, profile and style when it comes to fence replacement as a default starting point?

  • Archi on 03/04/2023 - 21:36
    +2

    Im in a similar position except.

    I have a house being built next door.
    Current fence is great condition 1800mm high.

    Builder says.. "is it ok for me to change the fence i want to make it higher to give my side a little more privacy."
    I said.. " do you want me to put anything towards the fence."
    Builder says.. "no ill look after that.
    I said… " knock your self out, as long as it is the same colour. I dont mind.

    1 week later new and higher fence installed.

    • kennyboi on 03/04/2023 - 22:29

      Did they get proper approval, and keep the type, profile and colour the same?

      • Archi on 04/04/2023 - 06:09

        Aporoval from who..?

        Similar profile but higher amd similar colour

        • kennyboi on 04/04/2023 - 06:57

          Exempt development only allows 1.8m high. Was the new fence higher than 1.8m?

          • wizzy on 04/04/2023 - 08:05

            @kennyboi: My understanding is that with boundary fences the maximum height is 1.8m, unless both neighbours agree to go higher. So as long as both neighbours agree to the increase in height, that is the only approval that is needed. If one of the neighbours does not agree, then the default maximum height is 1.8m.

            This might vary according to different councils, but that has been my experience in Sydney council areas that I have lived in. We once had a neighbour that wanted to build a 3m high fence that would block our window. They couldn't do it because we didn't agree to anything higher than 1.8m, so we ended up with a 1.8m high fence. The neighbours were annoyed because they really wanted to block our window (yes that was the reason why they wanted the extra high fence - they were very open about it), but they couldn't go that high without our permission. We both paid half the cost.

          • Archi on 04/04/2023 - 08:43

            @kennyboi: i didn't mind a higher fence,

            had he said he wanted a 3 meter high fence, i would've of said "go for your life"

            i don't want to see them no more than they want to see me, especially when i have young kids, hot wife and a swimming pool

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