I have a property in a Brisbane suburb and my neighbour has built a new house next door - a "complying development" which did not require a DA.
My neighbour has built his house and done the setback to the wall of the house and not the roofline. This is causing overshadowing on my property. It looks like the roof line almost touches the boundary if a line was drawn vertically. To my knowledge, there are no "relaxations" that have been approved by council.
What can I or the council do?
My plan is to get a surveyor or a certifier to assist me. Any other approaches or help welcomed.
The neighbour is evasive and has also altered the fence without permission in pursuit of his McMansion. Basically he is steam rolling through and has upset his other neighbours already. Seems like it is my turn.
I want to be thorough before doing anything legal.
Some of my legal research:
It is a small lot (less than 405m) and subject to Brisbane council rules:
Rules for boundary setback | Brisbane City Council
The notable part being:
Document: "MP 1.1 - Design and siting standard for single detached housing on lots under 450m", p5
Side and rear boundary clearance means:
a) for a building or structure other than a swimming pool, the shortest distance measured horizontally from the outermost projection of the building or structure to the vertical projection of the boundary of the lot.
Question: Roof appears to be too close to the boundary
Definition, p4
Part of a building or structure including, in the case of a roof, the outside face of the fascia, or the roof structure where there is no fascia, or attached sunhoods or the like, but does not include retractable blinds, fixed screens, rainwater fittings, or ornamental attachments.
My neighbour has built his house and done the setback to the wall of the house and not the roofline. This is causing overshadowing on my property. It looks like the roof line almost touches the boundary if a line was drawn vertically. To my knowledge, there are no "relaxations" that have been approved by council.
What can I or the council do?
My plan is to get a surveyor or a certifier to assist me. Any other approaches or help welcomed.
The neighbour is evasive and has also altered the fence without permission in pursuit of his McMansion. Basically he is steam rolling through and has upset his other neighbours already. Seems like it is my turn.
I want to be thorough before doing anything legal.
Some of my legal research:
It is a small lot (less than 405m) and subject to Brisbane council rules:
Rules for boundary setback | Brisbane City Council
The notable part being:
Document: "MP 1.1 - Design and siting standard for single detached housing on lots under 450m", p5
Side and rear boundary clearance means:
a) for a building or structure other than a swimming pool, the shortest distance measured horizontally from the outermost projection of the building or structure to the vertical projection of the boundary of the lot.
Question: Roof appears to be too close to the boundary
Definition, p4
Part of a building or structure including, in the case of a roof, the outside face of the fascia, or the roof structure where there is no fascia, or attached sunhoods or the like, but does not include retractable blinds, fixed screens, rainwater fittings, or ornamental attachments.
