Now they want me to help pay for a new one. The neighbours aren't too happy about it as is means they have to dig up the pipe, get the concrete cut back and move the trees. How to vote in the General Election . Regardless of the fact that the cladding cannot be within the yard in any part of the Wellington region, the rules in District Plans differ from place to place. We've had to rebuild the fence at our cost following a second incident of stock getting onto the road through his property. About 10 years ago we also built a garage on the same boundary line. I am not sure if you are in a rural or urban area, so if you follow the links on our website, the Fencing Act gives examples of specimen type of fence. Responsible and Ali that they did not have $5000 to sort it out. It will be physically impossible to get furniture in/out of the house or backyard. Can I ask a neighbour to contribute to the cost of a new fence? Insurance doesn’t necessarily cover you for all the damage you do or for all the loss that you have suffered. For example this is the Wellington City Council policy on construction noise in residential areas; https://wellington.govt.nz/services/environment-and-waste/noise-control/construction-noise-in-residential-areas. I said all the need was to trim base which is pushing the fence over. Is the council required to contribute to this as it would not be needed at all if their drain wasn't on the property? We have a tall hedge between our properties that is on our neighbour's property. Kind regards, I saw that the council is exempt regarding fences bordering parks, are alleyways in the same position? Fences along a boundary of, or in the setback areaof, a primary or secondary road must not be taller than 1.2 metres (this includes the front of the site and any side boundary on corner sites). Based on this article, I contacted NZTA about a fence between our property and the State Highway which is in disrepair - asking them to cover half the cost of replacement. Mediation and arbitration OPERATIVE VERSION APRIL 2003 District Plan: Height In Relation To Boundaries Page 1 of 4 Height In Relation To Boundaries The Height in Relation to Boundary Rules aim to avoid buildings on one site physically dominating another site. If you have any more questions, feel free to get in touch with our advisers on 0800 266 786 — this is included in your membership. my neighbour is planning a fence which will totally take away my beautiful sea view I have enjoyed for 17 years, has anyone had any luck fighting this sort of thing? I mistakenly removed a hill of dirt from same area whic allowed the noise to put in. Driveways. A Disputes Tribunal can hear most claims relating to the Fencing Act, provided the claim does not exceed $30,000. Developer who purchased the property next door with plans to subdivide next to our rural property emailed advising they want to eract 2m high fence along the driveway and the backyard boundary using secondhand corrugated iron that was used for roofing. Fences. It depends. In the rural situation a 7 wire fence between neighbours is generally acceptable. If a fence exceeds the largest permitted height specific to the zone then they may engage. It sounds as if the fence is shared, rather than being your responsibility in full. Kind regards, As well as reducing the height of the hedge, we can order your neighbour to take action to prevent the problems with the hedge happening again which could include keeping the hedge at its new height for as long as it is there. What do I do first? It should detail your neighbour's objection and any counter proposals. You can usually build up to 2 metres in height without getting planning consent from the local council. (and we will look at costs etc that we have asked the neighbour to get for his ideas of what the new fence should look like....thats certainly not rules out). to learn how to enable JavaScript for your browser. It should also state that it is served under the Fencing Act. This is called "serving notice". She has said I can ring her brother for a quote to re-attach the narrow corrugated iron onto my side of her horrible fence. An earlier request for a section 5 order was made by Wycombe District Council in 1988, but was turned down in favour of an expert Inquiry to identify ways in which the Air Park could improve. Hi. If you want to build a fence between your property and your neighbour's property, in general: • the middle of the fence must be on the boundary line • a fence higher than 2 metres in a residential area will require resource consent. Do I have any rights in this regard? Building work that does not require a building consent – Ministry of Business, Innovation & Employment website ; back to top. An alphabetical list of services and council business. It depends on the results of the survey, and what sort of relationship you want with your new neighbour in the future. we live in a terraced house. Courts can award monetary compensation for damage caused by a tree, and can order that a tree be removed or trimmed. ? The general recommended legal height of the fence is 6’6” or two meters. As we presently believe we have an existing adequate fence are we obliged to pay for a new fence if he cuts our old (probably 50 plus years) hedge down? He's very aggressive an ex lawyer, well known for the type of bullying I am experiencing and no rational conversation can be had with him about this. The previous owner farms the land around me and tells me he has the right to use the gate to my property as and when he chooses as it sits within the boundary fence, becoming increasingly intimidating as he maintains this stance. My neighbour wants to put up a fence on our boundary, which is currently a shared driveway (no legal easement). My neighbour has erected a fence on our boundary without prior consultation with the 2 neighbours. Regards Rebecca. However, you should always check with the council to make sure. But since then part of the trunk is now nearly leaning and Feel free to contact our advisers with more details: https://www.consumer.org.nz/articles/consumer-advice-line/. * VICTORIA – If the height of the fence is over 2m, you will need a permit in most cases. Coronavirus support and information Local information on coronavirus including service changes, … The fenceposts should be placed right on the boundary line or as near to it as practicable. They said we can contribute to the cost for better type of material than the cheapest option they have chose . The neighbour doesn't see the point of repairing a dated fence only wants to claim to his insurance for his half if they can upgrade it to something much more modern fancy with us possibly paying the difference. *Please note that your local council may have their own regulation in place and you may need further consultation with either Jim’s Fencing or your local representative. The cross-notice must reach you within 21 days. Council and approval from NZ Historic Places Trust. However, you can build or create your fence up to any height more than 2 meters, upon being granted planning permission by the relevant UK authorities at your local land registry offices. A sample cross-notice is included in the schedules to the Act. All plans should contain a plan number and title, the designer’s and owner’s name and job address, and be dated for version control. My neighbour still objects to the fence and won't let the builder cross the boundary line while building the fence. I asked if he would go halves in the fence but he doesn't see why he should pay anything as he doesn't have any stock. If your neighbours are away, and a fence needs immediate repairs, you can do the work and recover half the costs from the other owner. Fence height: Can I make my neighbour reduce the height of his fence? Information contained has been assembled in good faith. We'd suggest making sure you have lots of photos of the current fence. Vision. We’ll use your contribution to investigate consumer issues and work for positive change. Can we still serve him with a fencing notice and go through that process, even though we've rebuilt the fence? Cheers. Yes, but your contribution should not exceed the amount you would pay if the swimming pool did not exist. At a bit of a loss how to proceed - and wonder if it is OK if I remove a small section of the old fence on our boundary (400mm inside our section) so that the builders can get to place the post. This extends about a meter above the boundary fence, so if you include the boundary fence and trellis it would be around 3 meters. Without the permission, you are only allowed a fence up to 6’6”. The suitability of a fence depends on its intended purpose. You would need to check the terms and conditions of your policy — note that some insurance policies changed their cover for fences after the Christchurch earthquakes. Any information would be appreciated. Constituent parts. Our neighbors are erecting a trellis fence on their side of the boundary fence (not attached to the boundary fence itself, but a few centimeters in front of it). Possibly he may be right ? i. Our yard sits at the base of the retaining wall, and we’d like more privacy in our yard, from the neighbouring property, where it’s too easy to peer over their low fence. We both maintain our sides and he does the top. What should a cross-notice say? She told me she was pricing up some 1.8m palings to put onto the fence (well that is what I thought she was planning to do and was implied in her email to me) and there was no mention of when she was planning to do the work nor any consultation about what she was planning. Deborah. The fence is also old and not built very well (its not straight and the neighbours have put trees up against it and it bends into our side of the property). Wooden fence is now being Do I have to? Or is it up to them whether they lodge a claim or pay it themselves and manually recover it from the third party? Please discuss this with a Council planner. If you are sharing the fence with a neighbour, make sure you work together to make a decision that works for both parties. This site uses cookies to help us understand how visitors engage with our website. Our insurance company says they will only pay our for half the fence repair. We had planned to rebuild the fence as it isn't adequate for purpose with the pool and it was an opportunity for move it to the correct boundary position. If you’re a Consumer member, our advisers can provide more personalised advice on 0800 266 786. and who pays - what? We have neighbours two doors along who live in an adjoining new buid with a raised garden. Ultimately you can go to the Disputes Tribunal if an agreement can’t be reached. I am at a loss and do not know where to go to resolve this. A standard post and rail fence can be built to 2m in height on the property boundary; Any garage or carport with direct vehicle access to a road must be located off the road boundary at least 4.5 metres ; For other types of activities please refer to the City Plan. A new neighbour means a new chance for a friendly relationship. What is our responsibility in this case around the plan advised by the developer? Is this true? High Hedges: complaining to the Council - advises on the various processes and stages that complainants and hedge owners will have to encounter in any eventual dealings with the Council. Not only was I told in their response that they are exempt from the Fencing Act, but I was also reminded that it was my responsibility to maintain the vegetation on the road frontage. This cross-notice must be served on you in person or sent by registered mail. Your rights and general rules around fences are in the ‘Fences and Your Rights’ brochure. thanks. Is he legally allowed to remove the fence without our permission? What if my neighbour doesn't want a new fence at all? If you want to build a fence between your property and your neighbour's property, in general: • the middle of the fence must be on the boundary line • a fence higher than 2 metres in a residential area will require resource consent. However, given that your access way along the fence to your front door is less than a metre wide along the side boundary, this could do with further investigation as this is not a high density area. Maggie – Consumer NZ adviser. Denise. Looking for some advice please on what I can do. History. Search. Feel free to get in touch with our advisers at 0800 266 786 or info@consumer.org.nz if you'd like further clarification. Find Fencing Services near High Wycombe, get reviews, contact details and submit reviews for your local tradesmen. Buckinghamshire Council Wycombe Area. Damage. If you live in a Conservation Area, in a historically listed building , or within the curtilage of a historically listed building, then you need to apply for planning permission for the vast majority of works that you are planning. They can also object to being asked to pay if they don't own the property. What do I do first? Please refer to the City Plan for Zone Rules. The brochure covers information on: serving a fencing notice; Disputes Tribunal; other forms of resolution; Horowhenua District Plan Standards. The owners apparently indicated to council they were intending to cover the cost. Claims to a District Court will almost certainly require the help of a lawyer and can be expensive. No. Except that where the common boundary is with a public reserve or walkway, the fence or wall shall not exceed 1.2m height, unless the portion of the wall or fence that is between 1.2 and 2.0m in height has a visual permeability of at least 60%. If you can’t informally come to an agreement, the Act requires that you serve a notice on the owner of the neighboring property, outlining details about the proposed fence. Can I ask them to help with the cost when they get home? The flats do not operate under a Body Corporate. Neighbouring is butchering hedge on his side of boundary - do I have any rights? If you want to build a fence higher than the minimum height, you should contact your local council. He deliberately uprooted a fence post installed legally by yet another neighbour, even though he was not asked to contribute to the cost. Hi, I had a fence that was on the top of a bank which is Council Road Reserve and a slip due to the Council not fixing the problem. Check the title of your property to see what the easement says, and consult the lawyer who did your conveyancing if necessary. C. Maximum Fence Height in Residential 6 & 7 Zones Where 4 or more residential units are proposed on a site within the Residential 6 and 7 zones: • The maximum height of a fence or wall on the road frontage boundary of the site, shall not exceed 1.2 metres in height if solid or up to 2.0 metres in height if more than 50% transparent. If the notice and cross notice process has been followed, and you still haven’t settled on a suitable fence, then you can take that to the Disputes Tribunal as well. Re: Can my neighbour treat the gate to my property as if he still owns it because it sits in a boundary fence? If you can't agree between you, your options to resolve the dispute include mediation, arbitration, a Disputes Tribunal or a District Court. PortalPlanQuest is a joint venture between TerraQuest and the Department for Communities and Local Government. If you wish to alter or replace a fence or wall and the new fence or wall exceeds the original height, or is one or two metres in height as described above. Who gets to choose? I.e. District Plan and Resource Consents ... Rotorua District Council Job Vacancies Vision. You will not need to apply for planning permission if you wish to erect a new; or alter, maintain, improve or take down* an existing fence, wall or gate if the following conditions are met:. Babergh and Mid Suffolk District Councils Fencing Policy 1 October 2016 Where the rear and side boundaries separate the property from rear garden access only (private) footpaths, a 1.2 metre high timber feather edge close boarded fence with concrete posts and timber gravel board will be provided. What are our rights in this situation? We've tried to get in touch but haven't been able to reach you. Re: Neighbouring is butchering hedge on his side of boundary - do I have any rights? We had the area surveyed and it turned out the fence wasn't in the correct place - its about 200mm over the boundary line in our section. Also, any thoughts of the most cost effective material to build our large fence; love the colourbond material however that’s coming in at $30,000, and durafence at $35,000. *In a conservation area, you might need permission take down a fence, wall or gate. can an existing hedge be considered a suitable boundary fence. He also piles all his lawn clippings against a wooden fence, which will over time rot the fence and attracts nesting mice & rats. This guidance relates to the planning regime for England. Find out more about conservation areas and when permission may be required. Hi, is there any guidance on ways to settle whether a fence needs replacing or not without going through the courts? I'd like to build a smart iron fence, but my neighbour says it will be too expensive and wants a simple wooden one. Can they do this? They are entitled to object if they disagree about what is appropriate. Information contained has been assembled in good faith. Seeing this is a shared fence and given the circumstances, can they proceed without consulting us, as they notified us (on very short notice) and they’re going to cover the cost? A mediator helps the two sides in a dispute negotiate a solution. It seems odd that an arbitrator would have expertise on the worthiness of a fence. If you can't agree between you, your options to resolve the dispute include mediation, arbitration, a Disputes Tribunal or a District Court. We will not be happy as we will lose privacy and ascetics, we presently have a very verdant green well cut and managed hedge of some 2 plus meters. Council and Kapiti Coast District Council) and planning staff in all these councils have confirmed that the yard requirement in each of their District Plans is measured from the cladding to the property boundary. what are best fencing options? It's great to have you! On one side of my property is a long driveway which leads to 13 apartments / flats. Paul - Consumer NZ adviser. City Plan zone details are not available for this property. www.legislation.govt.nz, Arbitrators’ and Mediators’ Institute of New Zealand Inc I am worried that with spring nearby the yucca will grow About Planning Portal adverts. Visit enable-javascript.com Thanks for your feedback. A fence, or similar structure, on a corner allotment must allow traffic to have a clear line of vision around the corner. Except that where the common boundary is with a public reserve or walkway, the fence or wall shall not exceed 1.2m height, unless the portion of the wall or fence that is between 1.2 and 2.0m in height has a visual permeability of at least 60%. What do I have to do to get the neighbouring apartment owners to pay. The plans will also bring the neighbouring Deangarden Wood into positive management and enable formal public use to the Woods. It may be that you live in a special heritage area or are affected by rules in the district plan that mean you cannot build your fence this high. Fences To build a fence as complying development on land zoned R1, R2, R3, R4 and RU5, the proposal must meet relevant development standards identified in Clause 3.29 of the Housing Code in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy). The Fencing Act defines a fence as “a fence, whether or not continuous or extending along the whole boundary separating the lands of adjoining occupiers; and includes all gates, culverts, and channels that are part of or are incidental to a fence; and also includes any natural or artificial watercourse or live fence, or any ditch or channel or raised ground that serves as a dividing fence.". It may be that you live in a special heritage area or are affected by rules in the district plan that mean you cannot build your fence this high. Selwyn District Council ; Property & Building ; Planning ; Urban Design Guides ... depending on location and the intended purpose within certain parameters that affect the height and way fences are built, as stated in the District Plan. Fence height: Can I make my neighbour reduce the height of his fence? They have just built a fence around one side of their garden (furthest from us) that must be atleast 2m high and looks very imposing above our garden. You may find they readily agree with your plans. The following design and dimensions apply to fences or walls on boundaries adjoining any Residential or Special Character Zones, or Transport Corridor. But you can't upgrade the fence without your neighbour's agreement. If you have any more questions, feel free to call our advice line which is available to members on 0800 266 786. fences higher than 2.5m and any swimming pool fence. Said fence is not there to mark between our land and the neighbour's land as it is fully on our land only. If the neighbor objects they can make a counter-proposal. If you are altering the appearance, for example, replacing a brick wall with a fence. The bank is steep and heavily bush clad so unusable in regard to human usage. Fences To build a fence as complying development on land zoned R1, R2, R3, R4 and RU5, the proposal must meet relevant development standards identified in Clause 3.29 of the Housing Code in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy). If you have trouble preparing your notice, refer to the Fencing Act. Contact the Arbitrators' and Mediators' Institute of New Zealand for help. Do I have any grounds to fight this? * VICTORIA – If the height of the fence is over 2m, you will need a permit in most cases. Thanks for your thoughts on this situation A third party damaged the fence on our shared driveway (3 properties) and my insurer says that under the Fencing Act, they are all required to lodge a claim under their home insurance, so that the repair payout can be split 3 ways. You will require planning permission for any new fence, gate or wall over 2m in height. Some are owner occupied and some are rented. Many thanks The brochure covers information on: serving a fencing notice; Disputes Tribunal; other forms of resolution; Horowhenua District Plan Standards. It is a shocking abortion of a fence and I am furious. Thanks. I do not live at the property as it is a section I am planning to build on shortly and was only advised after the fence had been put up. Hi there, I am buliding new house and from corner of fence it is bit lower then 1.8 m, which will expose my master bedroom's privacy directly. You do not need planning permission for hedges as such, though if a planning condition or a covenant restricts planting (for example, on "open plan" estates, or where a driver's sight line could be blocked) you may need planning permission and/or other consent. If you are still finding that the noise is too much then the next step would be to either raise the fence height or look at putting in a more solid option such as a brick or concrete wall. Surely when I purchased the property this would have included the gate to the property, which incidentally he actually had moved to sit on/within the boundary of my property prior to settlement. You can find more info here: https://www.consumer.org.nz/articles/fencing-law#article-resolving-a-dispute, One of our neighbours has a yucca tree that is herniating into the fence and some of the You do not need planning permission for hedges or trees. Can we ask them to pay half the boundary fence cost? www.aminz.org.nz. If you want to build a fence that exceeds this height, you will need a building and/or planning consent from Council. Hope this helps. The Fencing Act defines an adequate fence as “a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve”. Policy in Wales may differ. All plans should contain a plan number and title, the designer’s and owner’s name and job address, and be dated for version control. We have part hedge and wooden fence along our boundary at our Waikanae beach bach. One side of our property’s boundary runs parallel with our neighbours driveway. FURIOUS residents say a metal fence put up around a nature reserve by a council is “more suitable for a prison” then a conservation area.
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