How close can my neighbor build to my fence?

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insane

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#177850 16-Aug-2015 13:21

I understand I'm best to call the Auckland council, however thought I'd throw it out anyway.

My neighbor has sub-divided his property and is currently building two semi-detached units. He's only recently laid the foundation and put up the framing for the first story of the two houses. The one corner of the house closest to me (the vertical section) is only about 1 to 1.5 meters away from my fence and of equal height. That's before the second story or roof has been added.

At this rate I'm going to have little to no view left, and this house will be towering over my deck.

Any idea?

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#1367415 16-Aug-2015 13:52

There are rules (building code) for how close the property can be built to the boundary, but I'm pretty sure that this can be got around if the wall facing the boundary is fire-rated, in which case it may be able to be built right up to it. Resource consent guidelines would still need to be met.

As for the height and views etc. - look at the city plan for the zoning rules for where you live. They should state recession plane rules, usually defined by something like taking a vertical from the boundary, up 2m, then depending on direction, a specified angle, possibly in the region of 30 to 45 degrees and based on not reducing light (not views) - so a lower angle to the north than to the S, E and W in-between. But then it gets complicated as to how it's determined overall with some parts of the house perhaps allowed to be in your recession plane (the wall may be stepped or whatever), determining what the lie of the land should be when determining the 2m height should be. If it looks like it's in breach, then you're probably going to need a surveyor.
Of course Council is supposed to check plans against zoning regs, and should have noticed if it was in breach and so the work would have required resource consent, you would have been an affected party, and could have declined consent. However from what I've seen, there might be some builders, designers etc who might be prepared to "accidentally" err a little bit on plans. If that was the case (possible even if not likely), then take the proof to council, get them to send an inspector out who can issue a stop-work order and get it sorted.
You do need to act now - once it's built, it's going to need to be seriously in breech for council to order demolition/partial rebuild. They might issue a fine or other penalty to the builder, but that won't help you.

Disrespective

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#1367416 16-Aug-2015 13:53

1.2m probably (I think). And then he has to comply with sunlight access planes which start 2.5m up from the boundary line and then angle in at 45 degrees. There are a few other requirements to comply with, but that's the basics.

It also varies based on your building zone. Different zones have different requirements.

jim.cox

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#1367430 16-Aug-2015 14:20

How close depends on your local council's zoning requirements - they may ( or may not ) have a minimum distance specified in the Local Plan. Check with your council's planning department to see what applies in your area.

Fred99 is correct - if there is non minimum yard requirement they can build right up to the boundary if the wall is fire-rated. However, usually it is easier and cheaper to build a meter off the boundary where no special wall construction is needed. When building right on the boundary it is also often a requirement that the boundary be located by a registered surveyor

Disrespective is also correct that any recession plane requirements must be met.

Generally the requirements will be checked before a building permit is issued.

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insane

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#1367493 16-Aug-2015 15:33

Thanks guys! I actually have the plans to the house being built as I contacted the agent selling the property two years ago (it's been a slow build).. The plans state that the house will be 1.475m from the boundary at it's closest. Honestly I must have misread them when I first got them. They haven't built the house straight in line with the boundary, so it's probably more like 3m at one point, and 1.475. at the closest. It's a kitchen so I doubt they count that as a 'firewall'.

My property being slightly raised and to the left in this image below. Based on the image below does that sound like it's OK? It's been designed by well regarded architects, however the builder owns the land so who knows whether they are willing to take shortcuts.

Jase2985

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#1367496 16-Aug-2015 15:54

that is well with the acceptable limits

it has to be underneath the double dotted lines on the 45deg angle.

anything outside this would require a resource consent and consultation from you i believe.

BinaryLimited

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#1367548 16-Aug-2015 18:06

jim.cox:
How close depends on your local council's zoning requirements - they may ( or may not ) have a minimum distance specified in the Local Plan. Check with your council's planning department to see what applies in your area.

Fred99 is correct - if there is non minimum yard requirement they can build right up to the boundary if the wall is fire-rated. However, usually it is easier and cheaper to build a meter off the boundary where no special wall construction is needed. When building right on the boundary it is also often a requirement that the boundary be located by a registered surveyor

Disrespective is also correct that any recession plane requirements must be met.

Generally the requirements will be checked before a building permit is issued.

Spot on....check with council,just phone them. Apparently nowadays u can email them.
They do reply :)

I beleive it also depends where about...front...sides or back of garden..

Im sure u can object to the building nextdoor...?

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mattwnz

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#1367563 16-Aug-2015 18:34

You need to read your TAs district plan. You should be able to find out in 10 minutes from their website. However they could possibly build closer if they get a resource consent, so you should check with your council if they have applied for one of those, and view it.

mattwnz

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#1367564 16-Aug-2015 18:35

BinaryLimited:

Im sure u can object to the building nextdoor...?

If it is allowed in the district plan, and the RMA, then I don't think you can object.

andrewNZ

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#1367568 16-Aug-2015 18:44

Remember the fence might not be the boundary. There are loads of reasons fences might not be on the boundary including laziness, sly land gain, and convenience.

I know of cases where owners wanted to build a new fence, but the neighbor wouldn't agree. So the person simply built the fence they wanted inside (not on) the boundary. The neighbor didn't like it but couldn't challenge it.

mattwnz

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#1367572 16-Aug-2015 18:50

andrewNZ: Remember the fence might not be the boundary. There are loads of reasons fences might not be on the boundary including laziness, sly land gain, and convenience.

I know of cases where owners wanted to build a new fence, but the neighbor wouldn't agree. So the person simply built the fence they wanted inside (not on) the boundary. The neighbor didn't like it but couldn't challenge it.

It certainly pays to look for the boundary pegs. Anyone buying a houses these days should make sure the boundary is in the right place.

andrewNZ

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#1367575 16-Aug-2015 18:53

mattwnz:
andrewNZ: Remember the fence might not be the boundary. There are loads of reasons fences might not be on the boundary including laziness, sly land gain, and convenience.

I know of cases where owners wanted to build a new fence, but the neighbor wouldn't agree. So the person simply built the fence they wanted inside (not on) the boundary. The neighbor didn't like it but couldn't challenge it.

It certainly pays to look for the boundary pegs. Anyone buying a houses these days should make sure the boundary is in the right place.

I've seen boundary pegs moved. If you want/need to know where the boundary is, a survey is the only way.

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mattwnz

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#1367583 16-Aug-2015 19:06

andrewNZ:
I've seen boundary pegs moved. If you want/need to know where the boundary is, a survey is the only way.

So have I. But should a buyer of a property get a surveyor out to check it before purchasing? I would think many people don't, and it is quite a big cost.

andrewNZ

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#1367588 16-Aug-2015 19:17

For this topic, the actual boundary is a very important factor.

I didn't get a survey, and I'm not saying it's something everyone should do. But there was a case in Dunedin a few years ago where an owner discovered his house actually encroached on council land, long story short, he had to cut the corner off the house.

Disrespective

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#1367602 16-Aug-2015 20:10

The new work on the site would have had some surveying done so it will be pretty darned close to correct. Unless it's a weird shape it won't warrant any more investigation.

The location of the boundary is important if there is a level change. Here in wellington the point where the boundary is along this level change is where the recession plane calculations come into play. E.g. If your boundary has a retaining wall along it, and the boundary is actually on the lower side of the wall, then technically the recession planes start here... it can get tricky quickly if the wall is already a meter or two high... but the councils all do different interpretations. Plus they are all reasonable as they really do want most work to go ahead (so they get more fees).

Jase2985

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#1367607 16-Aug-2015 20:34

Where in auckland? if its manukau i have the fact sheets that relate to section placement and height in relation to the boundary

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