VIC Neighbours Can See into Our Property - What to Do?

[Gstoja]

Hi all,

Our neighbours applied for a permit to build a deck in their back-yard and their application was rejected. In response, they decided to fill their land up with soil up to their retaining wall. This means that now when they are standing in their back-yard, the 2m fence between us only reaches chest height for them.

They see into our backyard and rear living areas. We no longer have any privacy from the rear of our property. Council is not helping us. Do we have a right to object to what has just happened? Could anyone point me in the direction of appropriate legislation for Victoria?

Thank you.

 

[Lance]

Hi,

The council are probably not helping because it appears Victorian fence disputes are covered by the Fences Act 1968 (Vic). Section 6 of the Fences Act 1968 (Vic) states that in determining that a dividing fence is sufficient, regard must be given to the reasonable privacy concerns of the owners of the adjoining lands. So by making changes to their property, that have impacted your privacy, I think you have reasonable grounds to complain. Section 6 detail can be found in the following link: FENCES ACT 1968 - SECT 6When is a dividing fence a sufficient dividing fence?

In most cases, the Courts would expect you to try to resolve the issue yourselves but if you have tried to no avail you can seek an order from the Magistrates court in accordance with the Act.

 

[Gstoja]

Dear Lance, thank you so much.

 

[Rod]

Check to see if the neighbours are allowed to alter the contour without a building permit.