# Forum More Stuff Debate & Technical Discussion  PL Help! Nextdoor construction (footing prepare) caused boundary fence collapse

## ausunnyboy

As next door (a developer) is building the property right on the boundary and doing earth work for the footing, the foundation of the fence became unstable. The huge ditch they dig on the boundary leave not a single support for the fence or land on his side. 
  Every since he started the construction, we have experienced numerous problems: land sliding, holes (L500xW500xD900~1500mm) appearing on the ground about 1.5 meter away from the fence, and to make it worse, waken up last weekend to find the fence almost completely fall down to our side, the tree next to fence which takes ages to grow has fallen down completed due to the uneven pressure on the ground. Please see images included below.  
  None of these will happen if your property and  building process is designed properly and not sitting on the boundary. This not only caused damage, in fact it is a hazard for any people who have activity in our backyard!  
  I wrote a complaint letter to next door yesterday. He got back to me this morning  He will pull the existing paling fence down and replaced with temporary fence (transparent wired). As he  said,  he will start the wall construction in a month so there is no need to repair the paling fence now.  
  I think this is very irresponsible. I don't want the builder waving their hand through the window while I am still in bed (All bedrooms are facing the construction site but screened by the damaged existing paling fence at the moment) 
  I will meet the developer tomorrow morning. I definitely need your opinion and suggestion.

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## Oldsaltoz

Any construction on your boundary must have your agreement in writing. 
Contact your local council office now.

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## Black Cat

Defnitely get in touch with Council. You should have been given an opportunity to object to this development while Council was processing their planning application, and Council should have conditioned any approval to ensure security of your boundary during construction. If they didn't then Council needs a kick in the posterior. 
What if you had dogs, small children, anything that required security of some sort?? Storm the council offices armed with photos and demand a hearing now!!

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## mattwilliams78

Yeh, definately get down to the council and complain. I am currently doing some work in my yard in preparation for building a garage and my landscaper built my retaining wall right on the fence line. The next time my neighbour saw me he didn't complain as such but he let me know he thought it wasn't complying so I decided to get the landscaper back to move the wall. I was a bit annoyed but I though "its important to do things the right way" and your situation unfortunately shows why these rules are actually important in the first place.

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## president_ltd

holy crosspost batman!
you posted this on WP, i'll give the same reply here i gave there.  Building Commission - Frequently Asked Questions  Building Commission - Frequently Asked Questions 
in short, give your council a call.  but note the advice given from BCA too which covers your rights.
you could also call master builders assoc. too, assuming said builder is one.

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## Black Cat

BTW, if those footings are supposed to be supporting a wall, then I seriously doubt they comply with building regs. And there is the little matter that the builder is responsible for site safety - and is clearly failing to comply with that little matter as well.  
And that tree was way too close to the boundary - if I was the neighbour I would have been writing to you to have it removed due to risk to my property (and the future of the fence) .....

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## jago

As BC said thats a small strip footing which will only support a couple of things so, what is being built on the boundary, you should have been informed in writing when DA was lodged? 
Did you meet the developer and what was said?

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## ausunnyboy

> Any construction on your boundary must have your agreement in writing. 
> Contact your local council office now.

  Thanks Oldsaltoz.   In fact this is another issue I had before. 
I only got to notice the development next door from the off the plan real estate ads.   I was shocked that they are building a 12.5m long, 3 meter high boundary wall along  some 30m side boundary line. The boundary  wall is not for garage and it is for main building. 
  I queried the local council why this could be allowed as it is stated in the local council design guideline that  maximum 7m long, 3m high boundary wall is allowed. They responded to me  that they approved it as the proposed boundary wall still meet the ResCode requirement, they just used the local council policy as a guideline and they have not received any objection from me.
  The thing is at the time of 14 days adjoining neighbour review period, the current house is just about to settle to me. Maybe the previous owner received the letter from the council but didn’t pass the it to me on settlement. (I have to say how coincident it was!)
  The council officer told me I don’t have any chance to raise any objection to the plan since the permit has been issued.
  But I think this doesn’t make sense at all – E.g. what if the adjoining neighbor is travelling interstate at the 14 day review period.  
  This do not make sense to me – the permit should be issued when the developer have written agreements from the adjoining neighbors.

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## jago

If this happened whilst  you were exchanging ...your conveyancing lawyer should have picked it up and informed you. I would address them. 
So  the work is a brick fence ?If not what?

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## dib

I actually had that happen once in Newcastle where all that info was sent out to the old owner while we were waiting to settle, 3 stories looking into our single story back yard.  To make things worse, the solicitor we had doing our conveyancing was also the solitor for the developer.  They said "Oh crap. You had better talk to another solicitor about this ... we have insurance".  We did but they said that's there is nothing they could do about it.   
Now, In victoria I the house that I have just built neither neighbour recieved anything ... from the council or building surveyor.  I dont know whether thats normal or not.  But if the development meets the planning abd res codes I believe you are not going to do anything about it anyway.  However if there construction is effecting your property thats really bad form and the damage is the problem.

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## ausunnyboy

> I actually had that happen once in Newcastle where all that info was sent out to the old owner while we were waiting to settle, 3 stories looking into our single story back yard.  To make things worse, the solicitor we had doing our conveyancing was also the solitor for the developer.  They said "Oh crap. You had better talk to another solicitor about this ... we have insurance".  We did but they said that's there is nothing they could do about it.   
> Now, In victoria I the house that I have just built neither neighbour recieved anything ... from the council or building surveyor.  I dont know whether thats normal or not.  But if the development meets the planning abd res codes I believe you are not going to do anything about it anyway.  However if there construction is effecting your property thats really bad form and the damage is the problem.

  Next door is a 2 side-by-side double-story townhouse  development  each have a double underground garage. The reason they put  one of the townhouse wall right on the the boundary with my land is  that there is a wide strip of easement on the other side of his land.
The  proposed 12-13m long 3m high boundary brick wall is not for garage, but  is a external wall of the townhouse  it in fact will be a sitting room  on the other side of the boundary wall. I would assume that I can do  the same thing on the boundary on my side in the future, i.e. same  height, same length.
 I noticed that he put some supporting beam/column in 45degree between  top of damaged fence and ground in both side and replaced the  fall-apart fence(some 4m in length) with temporary fence. 
He  insisted on the phone today that the part that falls-apart is not caused  by his development and I need to share the cost to rebuild this. He  said he need to put a temporary fence on my side(about 1m from the  boundary line), so that he can work on the proposed boundary brick wall.  That means I have to remove or relocate a few small medium tree which  are close to the boundary fence now.

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## AlliOops

Hi ausunnyboy, 
Not sure where you're from, but here in WA my neighbour did similar cusing the fence to crack in places and sag. They were putting the place on the market (as your developer would possibly be doing) so i told them i was putting a caveat on their house until the fence was repaired at they're cost...they did the damage. They repaired the fence overnight. 
This person has NO right to enter your property at all, and has all responsibility for repairs caused by their works.

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## Bedford

> This person has NO right to enter your property at all

  Check Sect 32.  FENCES ACT 1968

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## ausunnyboy

> Hi ausunnyboy, 
> Not sure where you're from, but here in WA my neighbour did similar cusing the fence to crack in places and sag. They were putting the place on the market (as your developer would possibly be doing) so i told them i was putting a caveat on their house until the fence was repaired at they're cost...they did the damage. They repaired the fence overnight. 
> This person has NO right to enter your property at all, and has all responsibility for repairs caused by their works.

  So what you are saying is I should not let him to transpass and build  the temporary fence on my property for building the boundary wall,  unless he agrees to fix the fence all along the boundary line (except  the portion with boundary wall). 
If that is case, I have trees (apple, apricot, veggie patch) by the  existing boundary fence? Should I also get a agreement say restore them  or compensate if restore is not possible. In case the developer  disappear after the property sale, should I  request the developer to lodge a caveat for me on his property? (like  what you did) 
A friend of mine suggested me to request the local council to send their  surveyor to have look at the situation, even though the developer has  done some temporary support and fencing already. It is just for record  and witness, and hopefully, the surveyor can suggest something after the  inspection.
By the way, my area is under administration of Boroodara Council in Melbourne.

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## Black Cat

Think you need to talk to your conveyancing solicitor first, then your normal solicitor regarding options for caveats etc and advice on the relevant boundary fencing acts etc. Also Council still has to check that footing - and if, as you say, it is a side wall for the house (or even for a 3 metre high wall), then it is unlikely it is compliant.

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## mik_64

This is issue is causing an unsafe condition. If it is not fixed immediately and I mean 1 to 2 hours, you should call Workcover (I am in NSW) and report it as an ongoing unsafe condition. I not sure if council have the immediate power, they have to seek an Injunction etc. 
You should also try to demand the the mobile number of the Inspector and talk to them directly . If they will not give it to you, try the union and contact the organisor. This is not a thing they will involve themselves with but you can bet they will have the mobile phone number of the Worksafe Inspector.

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