Constructing a Shed in the back yard, attaching it to neighbours wall

Hi All,

I have found out, My neighbour constructed a shed which is more than 10m in leghth, more than 3M in height and she has attached it to my wall in the back. (property was tenanted)

It as in 2013 / 2014, I never received a protection notice nor been informed about it.

I have found out, while trying to demolish my property and the shed was constructed into my property. I have goolge arieal images, the shed appread in 2013 / 2014.

Neighbours says it was there when she bought the prooerty 25 years. and she claims the land is hers.

Shed Permit Requirements Guide

Do I need a permit for a shed in Victoria?
As required with any building structure, constructing a shed or garage may also require a permit. Shed or garage permit requirements vary according to location. Shed permits are necessary if the structure applies to any of the following:

• More than 2.4m in height, or
  
  
• Larger than 10m2 in area, or
  
  
• Closer than 1m to a boundary, or
  
  
• Attached to another building or structure
  

Question is:

Do i need to contact council about the matter. its more than 3 years.

What is the best possible way, I should go about this matter.

Thanks heaps in advance.

 

Depends on council if a permit was/wasn't req'd.

If the construction costs are under $10k (to pay a 3rd party to build) and not attached to the house, then likely no permit req'd !

Have you had a boundary survey done to ensure "your" garage wall is "on" your property ?

Apparently even experienced developers get caught out hey........

You could have legal send a letter allowing 30 days to remove all items/structures impinging onto your property, noting your intention to remove the old garage wall.

Or you could demolish the garage, leaving only that wall, that later "falls over" into their property

 

My Garage wall is in my property and neighbour built shed attaching to my property. We had to demolish the wall.




Its more than 3 meters in height and length is more than 10 meters and they attached the roofs to my property.

The neighbour shed is sitting in my property.

Do I have to write to the council first?

 

Um - so you've already demolished it?

 

No, it was stolen by fairies in the dead of night.

 

My side of the wall, the concrete is still there encroaching my property.

 

is the shed structure still on your land? or is it just the concrete thats on your land? if concrete i'd just hire a demo saw and remove the concrete.

 

Council will have aerial photos. Contact them and explain the situation. In Vic they would need a permit for a shed that size.

I would just remove the concrete. Have you talked to the neighbour?

 

Thank you, I will do that.

It will be dangerous for half the shed hanging, it might fall one day.

I have advised my lawyer to write to the council, if the permits were issued in the past, and write to the neighbour to resolve the issue, not safe for workers to work and when tenants rent the property.

 

So you paid for survey, or basing this on the old fenceline.......
Boat has basically sailed on this !
You did the demo first, then questioned their shed, wrong, so wrong.
For a self stated experienced developer you have stuffed this one up royally !
Do nothing until you have certified clarification of the boundary.
You have clearly upset the neighbor already, so good luck with all the complaints and boundary dispute and probable compensation claim !

 

I took aerial photos from google maps.

Will request council to send me aerial shots as well.

1) Clear aerial map of 2009
2) Clear aerial map of 2014.

It was constructed between 2012 - 2014.

 

Paid the survey,

in 2017 and 2020.

The issue came out when we went to demolish garage wall and found attachments.

 

Before demolishing we have consulted the council. the council has written to us, the wall has to be demolished. It is unsafe standing.

 

So you didn't nothify the neighbor to remove prior to demo ?
So taking away the supporting wall making the structure unsafe is on you

 

Did you read it? What did it say about encroachments?

 

Which question

 

My brick was is 0.18m into my property.

Neighbour built the shed 7 years ago and hooked it to my wall.

I have to find out they had a building permit and the permit allowed to hook to my wall.

 

No one knew she hooked to our wall, it hasn't come up in any report.

Noticed when we were demolishing the garage.

 

What did the lawyer advise you?

 

Council has advised our lawyer. to remove the wall immediately and have a metal fencing, which we have done it.

Today, I have advised our lawyers to write council and tell them it is still unsafe to leave it that way and what to be done.

and write a letter to the neighbour to start the discussion and how to secure it.

We are happy to rectify it for the neighbour and put a fence at our cost.

If it is illegal shed without a permit, we want to make sure the council will issue a permit as well. or else we are still constructing an illegal shed,

Construction hasn't stopped at this stage.