New build compliancy checks

Our owner builder neighbour is building a 9.5metre house directly in front of our house. The difference of a metre height may mean he gains a view and we lose ours. Council do not do compliancy checks during the build. We suspect their sand pad is already too high and they make take liberties with their floor and wall height also. Council will only respond to a complaint at end of build resulting in the owner being fined but unlikely to be ordered to tear down. It would be worth the risk to them to gain the view and cop the fine.
What can I do?

 

Construction to obstruct views is perfectly legal despite the other party objecting. The grounds are problematic for a planning body to refuse permission. But to approval guidelines eg height limits etc. Illegal construction which obstructs views is a risk they take. Council will order demolition. Council doesnt fine and allow the building to stay. If its illegally constructed it must be removed / resolved and a fine is often part of the penalty regime. Council CANNOT approve illegal works. If they cant be remedied they must be demolished. Although demolition orders are often the first issue not a final issue.

I had a client affected substantially by a neighbours illegal build on a beach front location in Sydney It was 5 levels not 4 and not to setback on any side incl street frontage that was approved and balconys were added and more. There also appearred some dubious concrete structural work. My client took COUNCIL and owners to land and enviro court to have the matter forced on council to avoid them becoming liable. Its expensive but he won so the other parties were obliged to pay court costs. L&E ordered council to address the illegal works.The clinet agreed to waive councils share of costs as council then acted to order demolition. The site was cleared to resolve the matter as the works were not to plans and their bank sold the land as a mortagee in possession. No fine. The BANK was obligated to ensure the owner or themself clear the land to sell the property of the concrete shell as mortgagee. Council had a caveat they wouldnt lift until it was cleared. My client purchased the land at auction as a means to safeguard what was then constructed beside his house and made a nice profit.

 

Thanks Paul
Yes we are well aware we don’t own the view, this query is more about compliancy checks during the build. It would save all the drama before it came to courts and tearing things down. They are a bit low for the view so they will be trying desperately to get a bit more height where they can. Sand pad, floor height, wall height all adding a little more. It is a mere metre that will ultimately make a difference to us and them. There is no one to ensure compliancy and we don’t even know what the compliancy requirements are. Owners are spending a lot of time with building department finding out how to get the most from building regulations but we aren’t granted the same amount of assistance and information from them to save our asset. We got a glimpse of the plans and now we have to trust that the owners and council are doing the right thing and that there isnt any errors or missed information. Those days of a handshake are long gone. A view is worth a few hundred thousand dollars, it is worth the battle but we have no information on which to focus nor the knowledge to know if all in order. ‘BTW owners obviously havent met with us.