Built without plans, over a municpal servitude and building line

Osman16

Active Member
Joined
Oct 22, 2017
Messages
30
Soo, a few years back i decided to have extensions done to our hime, there was an existing granny cottage and i basically just showed the builder what i wanted to do, brought it forward about 8m and increased the width by about 5m. The builder was someone refered to us and whom i just assumed i could trust and who knew what he was doing. I was at the thime none the wiser regarding plans and the importance and so in and just assumed , would be taken care of. I was wrong and now it has landed me in a big mess. The building is now half complete, albeit still usable as it is slabbed for a 1st floor. However after a visit from the building inspector and so on, we have come to realise that firstly, the building only has about a 1m space from the neighbour's boundry wall, which mean we are now well over the building line secondly and more concerning is that, roughly 2m from the neighbouring wall, about 2m deep, there is a water servitude that runs towards the manhole on the road. In all honesty, this was all done when i was younger and extremely naive as no sane person would ask to be put in such a predicament. The municipality has been in contact hiving us time to remedy the situation or remove the structur, this is a 8m long probably 8m wide concrete building, so i really cannot afford this as it would mean i lose all the money put in as well as the cost of taking it down. The municipality did however after us getting a lawyer to communicate with them, and an architect to draw up passable plans, and he has done a fantastic job. Give us a list of things wr needed to do, this in order to register enroachment of the servitude, and so we did, they have also come to inspect the place to determine a solution for the pipe, one of the ways was to divert the pipe, as the neighbour behind us has a manhole on his property which connects to this pipe and runs firectly into the manhole on the road, however the only place to possibly divert is the small patch of about 1m between the new building and the other neighbours boundry wall, since the pipe is 2m deep, digging so much would probably compromise both the wall and house foundations. The other option is for us to sign a disclaimer that should anything go wrong with the pipe, we agree for them to break whatever they need of the building to get to the pipe, however we are still waiting for them to get back to us with a decision or plan of action, i would just like to know, what are the chance of them just flipping and asking for the building to be demolished? Also, with regards having crossed the building line and built so close to my neighbour, i do feel horrible for this and they, understandably so, are not very pleased and refused to sign a relaxation for the building line, i do mot blame them but at the same time i cannot afford to lose all that was put in to this, i recently read up about possibly offering them compensation for having done this and to get the relaxation, however i am skeptical, as i do not want to ck.e across as trying to use underhanded tactics to get what I need and in these times especially, neighbour's need to keep an eye out for each other and i do not want these strained relations to continue. So basically, i cannot afford the loss of the building, but neither do i want to be in conflict with my neighbours or end up in court as that would cost us all, any advice?

Please note: i am making a genuine effort to resolve all of this, it is just taking very long some 3 years now and perhaps someone here would be able to advise in a solutiont thatbis quicker as i panick when i think about this. I have so far got an architevt, and a lawyer to help and both are doing good jobs. I just hope i can find a way to help get the process with the municipality done sooner.
 

Swa

Honorary Master
Joined
May 4, 2012
Messages
31,217
Having a building line that's more than 1m from the boundary seems excessive. A lot of places don't even have it. And a servitude 2m from the boundary that's 2m deep doesn't seem regular. Perhaps pointing this out with the help of the lawyer could get them to move this.
 

Steamy Tom

Executive Member
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Jan 23, 2019
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8,368
sjoe, 2 years to return to post this, imo you sound genuine but sadly I have no advice for you, all I can say is best of luck.
 

netcruiser

Well-Known Member
Joined
Sep 21, 2012
Messages
450
Rules differ from suburb to suburb. My advice is to fix it. You won't be able to sell the place if it is not according to code.
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
113,505
Simple answer. Your neighbours do not having to sign the relaxation so there is every chance the municipality can require you to pull down the alterations. The amount of money you put in is irrelevant, and the municipality don't give two tosses... As netcruiser stated your property is unsaleable at this point anyway.
 

Meelperd

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Joined
Mar 9, 2015
Messages
309
It seems like everything is in place, but hanging. That's because the next step is to take the building contractor to court. Have you asked your lawyer why he/she hasn't done this yet?
 

ToxicBunny

Oi! Leave me out of this...
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Apr 8, 2006
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113,505
It seems like everything is in place, but hanging. That's because the next step is to take the building contractor to court. Have you asked your lawyer why he/she hasn't done this yet?

On what grounds?

The contractor was hired to do the work, not make sure that the work is legal from a permitting etc point of view.. That aspect belongs to the property owner.
 

Meelperd

Well-Known Member
Joined
Mar 9, 2015
Messages
309
That aspect belongs to the property owner.
Fair enough. This will probably be reflected in the deed?

But then, what about the contractor? Isn't there a law to which he must abide in order to do the work and/or have a licence?
 

mattrudlles

Expert Member
Joined
Nov 20, 2015
Messages
1,011
To be fair we don't actually know what the OP and the contractor agreed to in their contract for construction. Perhaps the builder was meant to take care of the plan approval etc.

On a side note: as a forum, we answer way too many one-hit wonder posts :ROFL:
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
113,505
Fair enough. This will probably be reflected in the deed?

But then, what about the contractor? Isn't there a law to which he must abide in order to do the work and/or have a licence?

No, but even if there was a license aspect, The builder did as was asked by the property owner.
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
113,505
To be fair we don't actually know what the OP and the contractor agreed to in their contract for construction. Perhaps the builder was meant to take care of the plan approval etc.

On a side note: as a forum, we answer way too many one-hit wonder posts :ROFL:

True on the one-hit wonder posts :p

But we do know that the OP just assumed it would be sorted, so its clearly not part of any contract he signed.
 

RedViking

Nord of the South
Joined
Feb 23, 2012
Messages
58,161
It seems like everything is in place, but hanging. That's because the next step is to take the building contractor to court. Have you asked your lawyer why he/she hasn't done this yet?
NOT the contractors fault. It is 100% the owners fault.
 

RedViking

Nord of the South
Joined
Feb 23, 2012
Messages
58,161
You listed most of the options. Whatever you do it is not going to be cheap. Demolish, or move pipe is going to cost. Leave pipe is going to cost later on. Regarding your neighbour that doesn't want to sign, that is your biggest challenge.

Why not demolish then only part of the building. Sure it is going to cost and will take some creativity. But at least you haven't lost everything.....
 
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