Six ways to renovate and not anger the neighbours

When it comes to renovations, particularly those that are substantial, you’ll want to avoid irritating the neighbours with noise and activity and protect your renovation project.

First things first – the Victorian Building Authority is pointing to knowing the boundaries of your property. A very important step that has seen many an unwary investor push the boundaries of legality, pun intended.

The VBA’s chief executive Officer, Prue Digby, said that if you build over your boundary then this is technically trespassing.

“Encroachment could result in the adjacent land owner taking the property owner to court to seek to have the encroachment removed,” Digby said, pointing to an confusion surrounding the legislation.

Apparently, some believe that Section 272 of the Property Law Act 1958 allows a 50 millimetre or a 1/500 tolerance for encroachment over title boundary. This is not aimed at this situation, and instead is solely for discrepancy claims over title appearing on documentation, for instance on a subdivision plan. This will not stand for those building on land they do not own. The site is determined using ‘on-ground’ measurements.

“Given the potential outcomes of an encroachment over the title boundary, the VBA recommends getting a licensed land surveyor to carry out a re-establishment survey before beginning any building work on the boundary,” she said.

However, it isn’t just building on their land that frustrates neighbours, although that’s a surefire way to put them offside, but also many renovators’ lack of understanding surrounding their neighbours’ rights.

Inappropriate development and nuisance from neighbours’ building work are covered under rights in Victorian and local council laws, and investors would do well to understand them early.

If you’re looking to build or renovate, there are a number of things that you can do ahead of time.

Let your neighbours know early that you intend to do work.

1. Discuss any concerns around noise with them, times of day and length of time of the work.
   
   
2. Make sure your builder displays a sign on the site, showing the details of the building surveyor, builder and permit.
   
   
3. Ensure you have checked if any work needs to be done to protect neighbouring properties from damage. Let them know that you have done this.
   
   
4. Discuss a process with your neighbours in advance if they are unhappy – let yourself be their first contact to see if you can sort out issues early.
   
   
5. Ask your builders to keep the site as clean as possible, and ensure they comply with legal times of the day in which to do noisy work.
   
   
6. Consider providing thank you notes or some sort of small gift to your neighbours for their tolerance. Small, thoughtful things can go a long way.

If you’re a neighbour or own an investment property nearby then there are also steps you can take – some of which may keep your tenant happy.

1. During planning process, view the permit documents relating to the work. These should be accessible via council.
   
   
2. If your neighbour needs to carry out work to protect your property, you should be notified. Don’t be afraid to ask.
   
   
3. Laws are in place to protect you from unsafe footpaths, roads and building sites during construction work.
   
   
4. Contact the building surveyor in writing if you are concerned after your research. You can also contact the local council.

(Victorian Building Authority)

“Keeping your neighbours informed about your building and renovations can help avoid problems before, during and after you’ve built,” said Digby.

Sometimes, neighbours are required to be happy about the project to enable a permit to be given, and providing details to them in person can help push your case. Complaints to council can prompt an inspection of your work.