Hi, I purchased the property two years ago which the property is approx. 8 years old now.
Recently the next door neighbor complained about the fence fell which he couldn't open his gate (actually the fence just lean little bit like all the others) , he refused to find someone to fix and complained to the council.
The council sent the building inspect to check the front part of the fence and then I received a building notice in April 2017 which the council requested me to construct a retaining wall on the eastern boundary with engineering drawing and need a building surveyor to issue a building permit to construct the work. (my home is on the high side compare to the next door)
I didn't speak to any lawyer but replied my own reason:
1) I was not the builder , which i purchased the existing property. Why should I build the retaining wall?
2) How come the council issued the building permit and occupancy permit 7 years ago without notice the property missing the retaining wall on the driveway ?
Finally I received a building order in May 2017 and now i got the extension till mid of September. (However I missed out the 30 days appeal period )
I spoke to lots of builder which they felt surprised about council decision but I just felt annoying because I didn't do anything wrong as I purchased the existing property and either all my other /good' neighbours and I couldn't see any danger about the fence
Does anyone know if I can go to VCAT to object the building order or sue the previous owner or the building surveyor who approved the property 7 years ago?
Now this work cost me $10,000 which the neighbour doesn't spend any cents...........
THank you
Recently the next door neighbor complained about the fence fell which he couldn't open his gate (actually the fence just lean little bit like all the others) , he refused to find someone to fix and complained to the council.
The council sent the building inspect to check the front part of the fence and then I received a building notice in April 2017 which the council requested me to construct a retaining wall on the eastern boundary with engineering drawing and need a building surveyor to issue a building permit to construct the work. (my home is on the high side compare to the next door)
I didn't speak to any lawyer but replied my own reason:
1) I was not the builder , which i purchased the existing property. Why should I build the retaining wall?
2) How come the council issued the building permit and occupancy permit 7 years ago without notice the property missing the retaining wall on the driveway ?
Finally I received a building order in May 2017 and now i got the extension till mid of September. (However I missed out the 30 days appeal period )
I spoke to lots of builder which they felt surprised about council decision but I just felt annoying because I didn't do anything wrong as I purchased the existing property and either all my other /good' neighbours and I couldn't see any danger about the fence
Does anyone know if I can go to VCAT to object the building order or sue the previous owner or the building surveyor who approved the property 7 years ago?
Now this work cost me $10,000 which the neighbour doesn't spend any cents...........
THank you
