Built a Single Carport, Neighbour Complained. Council Says I Have to Demolish It

L[Deactivated] on 29/01/2021 - 14:22
Last edited 02/02/2021 - 15:25 by 1 other user

Hi fellow OzB.

This is my first post ever. Please be nice.

I have recently erected a single car carport and a slab to support it on my property in my backyard and apparently the neighbour has directly complained to the council and i had a surprise visit from them just after new years.

This is my first ever property, only lived here since September 2020. I thought I got got along with the neighbour with small talk etc, but I guess not and did me a dirty, and since then he won't even look at me :( or say hi

During the visit of the council member, I was told I have to demolish the carport and the slab under it and addition, unrelated to the complaint to also demolish the small shed and the slab under that (already there when bought the property). As they said I needed council approval for such structures. According to NSW legislation I have to have everything 900mm away from the fence. But it would be impossible for me to build a carport in anyway if so…

The only thing that annoys me is that the neighbour has bigger and more structures in their backyard which is very close or actually on the fence, and they don't have approval for them. (Checked online). They have a massive carport in front of their house, a garage, shed and pergola.

I have consulted with some professionals to draft and help complete a Development Approval and they quoted me $4000+ which is more than half of what the project costed.

I was writing this just in case someone had a similar experience, and if I am getting rekt by all sides. Thank you for reading this.

  • UPDATE 1. I was able to find a quote for $1500 draftsman and survey combined. Plus council fees…. A much better quote.
    Will keep you updated with the outcome.

  • Update 2. I have demolished it (taken it down), additional expenses to the DA made it almost cost the carport, thank you for Ur kind advice and suggestions. Sydney is a great place to live with neighbours that get along perfectly. Thank you Bankstown council…

Poll Options

  • 53
    Pay the contractors for the DA
  • 1236
    Do the dirty back on the neighbour
  • 19
    Demolish everything
  • 9
    Do nothing maybe council will forget :) /other
Home & Garden

Comments

        • MrFrugalSpend on 30/01/2021 - 22:39
          +1

          There is a licensing system whereby people need qualifications and training to know how to build to a national construction code. That code references standards that are intended to make structures safe and structurally sound with a permit system in place…

          If this was missed, some Councils will give a grace period to allow you to prove it is safe and to code. This will require a qualified person e.g. engineer to certify structural safety and a certifier to approve as usual. If someone isnt satisfied enough to deem to to code (e.g. photos of reo in slab/ footing and receipts would help retrospectively), think about what you are saying, for all the Council knows an unlicensed person could have built the foundations out of oatmeal and held it up with cardboard and blu tack… so options run out quick… it may need to be pulled down.

          • DoctorCalculon on 30/01/2021 - 22:49

            @MrFrugalSpend:

            so options run out quick… it may need to be pulled down

            In OP's case, if council doesn't relax the 900mm away from the boundary fence rule, then they have no choice but to demolish or face fines.

            • MrFrugalSpend on 31/01/2021 - 10:06
              +2

              @DoctorCalculon: I wasn't sure from the original post exactly how close to boundary it was. I think NSW actually states 500mm from the roof line and 900mm to a supporting post for it to be 'exempt' development so yes this would be overcome if it has to be closer or it cut back / moved.

              If OP has no room / option but to have it closer to the boundary I guess that needs to be overcome or demolished… however if a class 10a structure if it is less than 9m long, built from non-combustible material, and under a certain height (that I can't remember off the top of my head) it can be built to boundary under the building code and still be considered safe - The option is therefore there for this to be deemed safe if it meets or overcomes the other requirements.

  • backpaqer on 30/01/2021 - 09:31

    Or, you might be able to trim it back within limits of a structure that doesn't need a permit. Eg take roof off and call it a pergola.

  • ashpete02 on 30/01/2021 - 09:53
    -4

    Got a good stereo and subby?… if not get one, start using it within the council guidelines for noise… await and expect visits from council and cops and be helpful to them to curb your noise to the legal limits….. time to make hell for the neighbor… they have a right to complain, you have a right to enjoy music & movies…. also can start parking outside their house.. you can park anywhere on the street! Mow your lawns or undergo maintenance as early as legally possible, or until as late as legally possible.. most councils will outline these details in a brochure/booklet often available online…

    • [Deactivated] on 30/01/2021 - 12:46
      +9

      That seems like a lot of effort, not gonna schedule my life to annoy the neighbours.

      • ashpete02 on 31/01/2021 - 01:12
        -4

        fairynuff … obviously your not 'pissed off' with your neighbors for their effort of causing you grief… and maybe should just continue as a silent donothinger. Your my kinda neighbor! All the best!

  • burningrage on 30/01/2021 - 10:30

    A classic case of prickly neighbour. You should survey his house and complain back to the council about anything you dont seem right to get the council to come and inspect every single building and they must at least got one.

  • striker5950 on 30/01/2021 - 10:35

    just out of curiosity can you tell us which council?

    • [Deactivated] on 30/01/2021 - 12:40
      +5

      Hahaha nice one Mr council man Ur tricks won't work on me

      • LFO on 30/01/2021 - 13:25
        +4

        Ur tricks won't work on me

        Not really.

        A Council in the middle of nowhere and bitching about your structures will be very very questionable (vendetta like).

        A Council in the heart of Melbourne, Sydney, Perth, Brisbane or any other big metropolis WILL justify being picky and to the letter.

        • striker5950 on 30/01/2021 - 16:00
          +2

          nah just so we get an idea of which area's to avoid lol

  • arcticmonkey on 30/01/2021 - 11:01
    +1

    Surprised you didn't post a photo for more context.

  • ATTS on 30/01/2021 - 11:20

    OP, intrigued, did the council member notify you that your neighbour made the complaint? or did the neighbour just gloat about it?

    • xuqi on 30/01/2021 - 11:29
      +3

      The neighbour won't even look him in the eye now.

      • capslock janitor on 31/01/2021 - 17:44

        You looking at me but I'm lookin through you

      • SolitaryMan on 01/02/2021 - 16:46

        Well if that isn’t absolute proof I won’t know what is!

  • StingyBritches on 30/01/2021 - 12:28
    +7

    It’s a long shot but… check your boundary is correct.

    I came home a few years ago to find my back neighbour (who I’d never seen/spoken to) had erected a Colourbond fence BEHIND my old, dilapidated wooden fence. They effectively took .5 metre OFF their property to build the fence, instead of seeing me to dismantle the wooden fence to erect their new fence on the gazetted boundary!

    The wooden fence finally fell apart a year ago, so I now look out over my expanded domain…

    (OP, with any luck your carport might be less than 900mm away from your boundary. It’s worth a check!)

    • [Deactivated] on 30/01/2021 - 12:43

      Yes a survey report will confirm this for me, hopefully I gain 900mm where I need it hehe.

  • lgacb08 on 30/01/2021 - 12:44

    Yeah, neighbour is an ass but you lack some basic knowledge about building code. He might have big structures on his carport but it might not be a major eyesore to the council. Reasons behind the 900mm clearance along fence is the easement below it, so if your carport is on the front of the property no one gonna care. But saying that it still worths dobbing him in retaliation.

    • [Deactivated] on 30/01/2021 - 13:13
      +12

      This is a stand alone carport, following the driveway to the backyard. You are correct, but not everything is basic or common knowledge, I rented all my life. Call me ignorant if you like… I had to learn the hard way, now I know.

  • LFO on 30/01/2021 - 13:19
    +1

    they don't have approval for them. (Checked online). They have a massive carport in front of their house, a garage, shed and pergola. Double standard..

    Lodge a complain with council and then judge about double standards or not.

    There are now more regulations in order than 20 or 30 years ago.

    Even swimming pools used to be a free for all and is no longer the case.
    Things have change.
    Building so close to each other now causes frictions. High density housing bites back.

    The party is over … I'm afraid.

  • Gaz1 on 30/01/2021 - 15:45
    +1

    How do you know it was that neighbour that dobbed you in?
    Did the council tell you who it was?

    • chriskq on 01/02/2021 - 10:51
      +1

      council will not tell you who complained…. they can provide the redacted complaint if you ask using the application document 'Access to Council Information' - no cost for submission (at least with my council).

      often times when reading the complaint it will be obvious who in fact complained as they might refer to the west boundary wall of their property in the complaint letter, which the owner will then know if the neighbour to their left.

  • Handsoff on 30/01/2021 - 16:18
    -4

    This is a bit sneaky:

    1. Go over to your neighbor and create some small talk again, be very apologetic but use the chatter to try and fish out information as to weather his structures have approval (skimming over some posts here it seems like neighbor does not.)

    2. If you have confirmed he does not have approval, drop the hint that it would be really sad if council also came over to his property to check for compliance. Act dumb, keep asking things like "I wonder why council didn't notice your structures" & "I wonder who called the council? What if the snitch also dobs you (the neighbor) in too?)

    3. Once you let him marinate in the paranoia for a few days, tell him:
      3.1 Your development approval is going to cost $4000
      3.2 that if it was paid by the person who dobed you in everyone can live in peace otherwise you'll go and dob all neighbours in to council. (He started the war you're just returning fire).
      3.3 Give him the development approval quote with your bank details on the bottom.

    4. If he does not pay for your development approval or part of, call council on him too….. or even if he does pay just call the council on him as a dose of karma :)

    • MorriJ on 30/01/2021 - 18:05

      It would have to depend on how close the neighbors structures are to the fence line right?

      Nearly all councils in the south west corridor allow complying developments and have exempt developments. If this was Canterbury council for example, neither of their carports need approval provided it complies with standards (outside 900mm of the boundary being one of those standards).

      It's an odd thing to do from the neighbor if they had any concerns over their own structures.

    • MontyMacaw on 30/01/2021 - 19:06

      @Gaz1 Then move, I presume?

    • chriskq on 01/02/2021 - 10:52

      you are dreaming mate

  • Topdog on 30/01/2021 - 16:26
    +1

    Complain about his illegal erections, if he wants to be a tosser, give him a taste of his own medice. Hate idiots like that

    • Baysew on 30/01/2021 - 19:42
      +4

      Are we seriously not doing phrasing anymore?!

    • moo on 31/01/2021 - 19:34
      +1

      Complain about his illegal erections, if he wants to be a tosser, give him a taste of his own medice.

      What defines an illegal erection? Is that similar to the morning glory caused by full bladder?

      • SolitaryMan on 01/02/2021 - 16:51
        +1

        What defines an illegal erection?

        Proximity to a local school or place of worship.

  • Harby7 on 30/01/2021 - 16:45
    +1

    You will need a DA (based on your previous comment) and a building information certificate (BIC) to regularise the structure. Some councils only require you to obtain a BIC.

    In terms of compliance with the Building Codes, off the top of my head if it’s within 900mm to the boundary you can achieve compliance if:-

    • the roof sheet material is located a minimum 500mm from either the house or the boundary, or
    • the external wall of the house to which the carport is affixed achieves a fire resistance level of 60 minutes (in simple terms, typically full masonry construction with no windows openings)

    You should consult with the Part 3.7 of the National Construction Code 2019 volume 2 for requirements here. It’s a available for free online via https://ncc.abcb.gov.au/

    • DooDah on 01/02/2021 - 15:53

      Basically nailed it. There are some very good diagrams in Part 3.7 which explain it in simple terms.

  • kaleidoscope on 30/01/2021 - 17:04
    +1

    poll results says it all…

  • funnysht on 30/01/2021 - 17:21
    -1

    It doesnt matter if theyre not home most of the time. If someone built something right up to the fence ill be pretty pissed as well and stop talking to you. He has alright the right to complain to the council. So do you too. Not particularly attractive to prospective buyers anyway.
    I hardly speak to my neighbours anyway. Most simple way. Did you know about building restrictions etc…i didnt until a few years ago. What id do is just demolish it and then report the neighbour as welll. Dont think about it too much just a lesspn learnt. Goodlu k

    • AustriaBargain on 30/01/2021 - 17:32

      Maybe op should give us a photo so we can decide for ourselves who was unreasonable.

  • AustriaBargain on 30/01/2021 - 17:31
    +5

    I bet you can legally build way worse spite structures than the carport. Your neighbour just gifted you with the best reason to live: revenge.

    • TEER3X on 01/02/2021 - 12:38

      I am lost for words

  • cynicalmike on 30/01/2021 - 18:05

    do a dirty on the neighbour, 2 neighbours 1 illegally constructed carport style.

  • D6C1 on 30/01/2021 - 19:00

    "erected" lol

    • WreckTangle on 30/01/2021 - 20:39
      +7

      Yeah but it won't be up for long

      • D6C1 on 30/01/2021 - 20:42

        You made me laugh in my nose. Here's my + vote

  • kiitos on 30/01/2021 - 19:02

    What's the story with an existing old carport that needs rebuilding? Can you maintain the existing dimensions and location despite being within 900mm of the boundary?

  • Agarwal on 30/01/2021 - 19:11
    +2

    Could you knock down the fence?

  • junj on 30/01/2021 - 20:22

    Wait, let me get this straight

    You paid for the cheapest possible design and construction, got burnt, and now you’re shopping around for the next ‘cheapest’?

    Haha good luck mate

    • [Deactivated] on 31/01/2021 - 23:57
      -2

      Hope your snarkiness made you feel somewhat better about yourself. You must be one or more of the below.

      1. The neighbour
      2. Someone people like to be around (not)
      3. A narcissist
      4. Have no idea what OzBargain is about
      • junj on 01/02/2021 - 10:34
        -6

        More so, i know the building industry, and cheapest is never best.

        Is ozbargain about getting the worst product at the cheapest price? I though it was about getting the best bang for the buck.

        But thanks for your analysis on my life, stranger.

        Edit: and many these advices from fellow ozbarganers are just factually incorrect- the op should be seeking professional advice from a planner and a certifier.

  • Sad Dino on 30/01/2021 - 21:38

    Do you know if you have built over an easement?

    If so, you may need to apply for a Build Over Easement application. Should be easy enough.

    Carports and concrete slabs over an easement would definitely be approved by council.

  • umoddbro on 30/01/2021 - 22:53
    +5

    Neighbour did nothing wrong, OP should've checked the local planning policy before building anything…. You can find all that online or even email your local planner.

    • DingoBlue on 01/02/2021 - 21:54

      I’m not even sure what the discussion is about. Answer is in the title.

  • iTaco on 31/01/2021 - 01:06
    +4

    How do you know your next door neighbour doesn't have the right permissions for their structures? Where did you look to find this out?

    If its an old house you wouldn't find that info anywhere.

    • capslock janitor on 31/01/2021 - 17:49

      iwanna know too

    • [Deactivated] on 31/01/2021 - 21:11

      I search my councils "development approval search". But like others said, things could be built before this registry went digital etc. Cannot find them.

      • knaff on 01/02/2021 - 11:54

        Just do a Lands Title search - usually costs though

  • Davo1111 on 31/01/2021 - 03:33

    Return the favour, but it doesn't mean you were right in the first place

  • mdavant on 31/01/2021 - 05:16
    -1

    Get a fire pit.

    Easy justice.

    Smoke out your neighbour like my neighbours do to me.

  • mdavant on 31/01/2021 - 09:15
    +2

    https://www.worldofmusic.com.au/drums/acoustic-drum-kits/pea…

    500 dollars , good cardio workout. But if you find you do get a bit sweaty, wait until the cool change comes through at about 7pm. For early risers perhaps a 5am workout would suffice?

    • capslock janitor on 31/01/2021 - 17:51

      which council allow 5am start? lol mine is 7am earliest for anything

  • mdavant on 31/01/2021 - 09:17

    https://lawnsolutionsaustralia.com.au/turf-supplies/best-law…

    If your neighbour has lovely buffalo grass, be a kind citizen and plant this.

    Share the love

    • buckster on 31/01/2021 - 12:44
      +1

      How evil.

      Bloody Kikuyu taking over my backyard as we speak

    • [Deactivated] on 31/01/2021 - 21:17

      Nah me and the neighbours have that exact same grass. We all lose in this aspect…

  • Orico on 31/01/2021 - 11:35

    Give me the pricks address. I'll waste his house.

  • Amour on 31/01/2021 - 13:17
    +6

    If I was in your situation, I would calmly approach your neighbour and politely tell him you were advised he complained about your carport. When the council inspected your property they requested you remove two structures, which you can’t really afford to do (whether it’s true is irrelevant). Then tell him the council inspector looked over the fence and commented on the non-compliant structures in his yard.

    At this point, feign serious concern for the neighbour and tell him that you got the impression the council could follow it up. Rather than both of you having to remove structures, why not go through the approval process and give each other any required relaxations to pass (we had to get a relaxation from our neighbour to build a garage on the fence line).

    If he refuses, then innocently tell him that you’re ok with removing the structures as you’d really like to fill your backyard with large, fast growing fruit trees to feed flying foxes.

    • [Deactivated] on 31/01/2021 - 13:47
      +1

      Hahaha, there are many posts about social engineering, seems like a lot of effort. But this post made laugh the most, which fruit trees are the most popular. :)

      • Amour on 31/01/2021 - 16:03
        +1

        Mango and mulberry trees to nourish them and a super-tall eucalyptus to house them. Tell him to take his washing in at night, park his car under cover and not touch them cause he could catch Lyssavirus.

        Seriously though, if it in no way impacts him it was a d*ck move. That’s why, in a calm and friendly manner, I would be making him feel regret about his actions by making him think the alternative is much worse, meanwhile he knows he can’t control it. Let him stew on it and he may be agreeable to helping you sort the structure issues (eg. agreeing to relaxations etc).

        I wouldn’t be impressed if my neighbours informed me they were planting a crop of fruit trees solely to attract flying foxes.

        • tengyunv1 on 01/02/2021 - 23:25

          Will take a while for them to grow though

  • c64 on 31/01/2021 - 14:57

    i'm suprised the slab has to be demolished

  • Brainwhacker on 31/01/2021 - 15:21

    OP , as an option , there some consultants who deal with post development approvals , you could try talkin to them as they know all the options .

    • [Deactivated] on 31/01/2021 - 21:16

      Yes, I have found some consultants, working out what paperwork needs to be filled etc. Most likely I won't need a DA, but a building certificate instead, this may be sufficient enough for approval. The concrete work seems like a grey area..

  • drfuzzy on 31/01/2021 - 16:57

    My newly built property is not compliant with a permit condition and a neighbour has complained and council served me a notice to comply.

    The neighbours' property is not compliant with several permit conditions (including the same condition!) but the neighbour is only interested in my non-compliance.

    The council is not willing to deal with the neighbour until I have complied.

    It is a bit ridiculous.

    I have been bending over backwards to appease the neighbour (unsuccessfully so far), and I think the council has completely lost interest as the requests went beyond what was necessary to merely comply.

    • [Deactivated] on 31/01/2021 - 21:13

      Damn dude, U must have it tougher than me. Feels bad to have to go through this.

  • coolroy on 31/01/2021 - 20:21
    -1

    You knew you would have to get planning permission from the council, but chose not to.

    Suck it up sunshine & demolish the illegal structure & stop whining here that its your neighbors fault. Its yours, own it

  • polishka on 31/01/2021 - 20:33
    +1

    Perhaps neighbour built his structures before new rules came into place?

  • penguin286 on 31/01/2021 - 21:48

    Haha a little unrelated but we were inspecting drainage and some were found on the easement of private property so we did some door knocks to gain access.

    A fair amount of people had sheds built on top of drainage pits (some we could access by just moving the tiles) but we were just there for drainage so we didn't care

    We came to this one house where the guy looked pretty switched on, checked for our IDs and then he told us he worked with the council. We then went to his backyard and located drainage under his shed. Gave us a pretty good laugh hahaha

    • JimB on 01/02/2021 - 12:28
      +1

      How often are drainage pits or similar inspected?

      Also what happens if you build a deck over it?

      I sold the place so it doesn't worry me these days.. haha

      • penguin286 on 01/02/2021 - 22:33
        +1

        Extremely rare. It's only if there's ever a problem like a blockage which itself is hard to achieve because residential drainage tend to be the start of the line. I can only think of extreme weather events that drags sizeable debris into them somehow that can gather up the smaller particles and then clog it up but most drainage are well covered too so I can't see how.

        My guess is once every 30 years maybe. We opened them to survey it, take some pipe photos and condition rate the asset and chuck some expensive GPS on it

  • OzCheapo on 01/02/2021 - 01:01

    I heard inciting an insurrection has helped get attention

  • elgrande on 01/02/2021 - 07:59
    +1

    Only remaining option is to legally build the biggest house you can to block out any sunlight and then legally run power tools all day during the permitted hours.

  • JimB on 01/02/2021 - 12:26
    +1

    Post up the letter.

    Very unlikely you have to demolish the slab.

  • elonmusk on 01/02/2021 - 13:21

    Did the council say you need to get rid of the slab? Isn't that supposed to be considered as a pathway/paving therefore it should be ok to keep.

  • xcal on 01/02/2021 - 13:49
    +2

    I have a neighour building a granny flat next to my back fence with less than 900mm clearing. I told the council about it because they don't have proper drainage and the dirty water coming out of the granny flat is dumped between the fence. The council did nothing, the reason they gave was because its a government housing and the people living in there are indigenous. They dont want any trouble from them. These coucil members are spineless when it comes to real issues.

    • knasty on 01/02/2021 - 19:41

      Complain to the Council ombudsman or equivalent. There should be a complaints process listed on their website. still may not achieve anything though…

    • nwa on 01/02/2021 - 21:22

      Are you sure it wasn't approved by the council or private certifier ?

  • axlfan on 01/02/2021 - 15:29
    +1

    Do a Lupin on him.

    Be a gentleman and report him to the council.

  • DrRalph on 01/02/2021 - 15:39
    -3

    Why did you think you could do what you liked?

    • [Deactivated] on 01/02/2021 - 17:23

      Cos that's how he rolls. FTP.

  • donkcat on 01/02/2021 - 16:02

    Probably been mentioned but I don't know how an structural engineer could sign off on the slab, no way to determine what sized mesh/bar was used, if any internal beams etc were used

  • devank on 01/02/2021 - 16:20
    -1

    1. I'm surprised a licensed builder actually built it within 900mm. It is a fire safety issue.

    2. Don't retaliate the neighbour. You are not going to gain anything. Just move on.

    3. See if it is OK to
      a. chop the edges so that you are giving 900 mm gap
      b. remove covering (sheets) and replace it with a mesh and run wines (grapes or bougainvillaea etc)
      c. get a structural engineer approval and if that is sufficient.

    Council people can actually check who made complains about your property. Find a friend there :)
    Which council are you under?

  • hardya on 01/02/2021 - 18:56

    Time to build a backyard incinerator

  • hardya on 01/02/2021 - 18:57

    Write to the Lord Mayor and demand natural justice, you have a right to know who complained

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