Is This Home Extension Allowed? City of Monash Vic

My nasty neighbour is extending his single story house and these windows are facing my house. Is this even allowed? No idea how he got a permit. He didn’t want to speak to me about what the extension is. There are no views in my area no idea why he would want these windows facing my house.

Comments

  • +9

    Speak to council and try to find the planning approval paperwork.

    • you should be able to find the planning permits on the council's website too.

  • +1

    at least with my area, neighbour will need to either frost the windows or put those half view things so only a giant could see into your backyard

    • It’s like that in my area as well. I was shocked to see this.

  • +1

    Any first floor windows within 9 meters of a secluded private open space (Back yard) or neighbouring habitable room window (Bedroom, Living, Dining or Kitchen not Bathrooms or Laundry) are required to be obscured to 1.7 meters above floor level. This is applicable to all Melbourne metropolitan properties.

    If they are required to obscure these windows, they might be adding them towards the end of the build.

    Just looking at your photo, I can see their view into your property is somewhat restricted by the boundary wall and what appears your Garage so they probably don't need to obscure these windows. I suggest visiting your Council's Building Department and asking to view the drawings for your neighbours renovation. They will have a copy on file even if a Private Building Surveyor has issued the permit. It's highly unlikely a Building Surveyor approved these windows if the above criteria has been met.

  • http://classic.austlii.edu.au/au/legis/vic/consol_reg/br2018…

    https://www.aiff.net.au/news/new-building-code-requirements-…

    Victorian Consolidated Regulations

    BUILDING REGULATIONS 2018 - REG 84
    Overlooking
    (1) A habitable room window or raised open space of a building on an allotment must not provide a direct line of sight into a habitable room window or on to a secluded private open space of an existing dwelling on an adjoining allotment.

    (2)     In the case of a direct line of sight from a habitable room window, the line of sight is any line measured from a height of 1·7 m above the floor level of the habitable room and contained within the space enclosed by— 
    
        (a)     a vertical plane measured at an angle of 45° from each side of the window; and 
    
        (b)     a horizontal plane 1·7 m above the floor level of the habitable room; and 
    
        (c)     the ground level below; and 
    
        (d)     a horizontal distance of 9 m from the window. 
    
  • +2

    Looks like a mezzanine/height extension built predominantly to add those windows for extra light.

    Since it is a single story being extended upwards and it isn't adding an extra level (from what I can extrapolate of the pitch from that little bit of roof in view), it will likely have load bearing changes. It would require a building permit.

    I'm not familiar with your local council planning requirements.

  • I’m in Monash too, so I can guarantee you that they need the frosted window or the half window thing. My neighbour recently did it and I was speaking with then about it

    • I'm curious, how does a frosted window help?

      • They can’t see through it, and gives the neighbours privacy

        • False security they can make a small section clear and spy out of it no one would ever know.

          • @coin saver: They can.. but unless op is sunbaking nude or something, why would you bother

        • can't the window be opened?

  • Can OP expand on why the neighbour is nasty?

  • +1

    It's hard to see for sure from the photo but that doesn't look like an additional habitable level, eg, they just look like really high windows on a single story, their view will be of the sky, not your house.

  • +1

    They could stick a camera to the eaves and watch your yard at least you have a good chance to see them if they are watching you thru the windows. Frosted windows are not much better just need to make a small area clear to spy out you will never know.

    • Privacy and suburban/high density living coexist just as nice neighbourhood close to city is cheap.

      • lol - how about some CCT (spy) cameras attached to the eaves of that structure on the right, for security? No, wait - the horizontal pipe is in the way!

        • You could always mount it against the wooden beam right under the gutter.

          I actually prefer that as a mounting position be the cement board under the eaves. There's less close range reflection of the IR lights.

    • As much as it’s easy to leave a bit off the frosted glass, it’s more about the principle of limiting the view of the neighbours. Of course a dedicated peeping Tom is going to work around it, but for the average Joe it will stop inadvertent peeking.

  • There’s an email address you can send photos and that to and someone calls you back. I had to do it when my sisters neighbour built a house and the gutters were pretty much hanging into her property.

    • I raise you one better.

      My childhood neighbour did away with gutters and downpipes. They overhung their roof onto ours.

  • +1

    It pays to look at DAs when council notifies you about them

  • You would have received a notification that the DA was available for inspection. There also would have been a notice on the outside of the property for 4 weeks.

    If your neighbour refuses to engage in discussion your only option now is to talk to the council and ensure the window treatment meets the specifications of the approved DA. your neighbour is a bit dumb as you could disrupt his building program if you can highlight where he doesn't meet the DA specs. The earlier you act the better (you'll cause more grief).

    I know with the DA I just had approved my windows require "suitable fixed external privacy screening for windows where the lower edge is less than x metres (I think it's 1.8m) from floor level OR windows installed at least 1.8m from floor level"

  • If you want to see what is happening near your home you can sign up to https://www.planningalerts.org.au/
    I find it really useful to hear about developments in my area and you can see the submitted plans in many cases.

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