Built without plans, over a municpal servitude and building line

[ToxicBunny]

View attachment 693117
But forget the "caution wet floor" sign ONCE... and you will kak like there's no tomorrow.
...
I need a whiskey for this

Ahhh but now you're talking OHS stuff, not private contracting work... very different levels of accountability and responsibility.

 

[Osman16]

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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.

Always assumed the building line was 3m, the municipality did visit and inspect, but it seems to risky to dig and divert as it could affect foundations i just want for all of this, to be legalised , in that i accept whatever risk, can finish the building and move on with legal and approved plans, also without having my neighbour wanting to rip my head of, i do accept thatvi messed up with this entire thing but it was genuinely misjudgment rather than wanting to do mybown thing and ignore the law

 

[Meelperd]

Ahhh but now you're talking OHS stuff, not private contracting work... very different levels of accountability and responsibility.

Touché

 

[Osman16]

I would love to fix it, have apent the past few years trying, also willing to accept whatever risk, i am just concerned that they do not do a u turn and ask me to take it down, and with my neighbour ofcourse, i have crossed the building line.

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.

 

[Zoomzoom]

Life Lesson - Ignorance of the law does not constitute exemption from the law

 

[Osman16]

Touché

Thing is, the issue for me ia simple, i am willing to sign indemnity for the pupe should anything go wrong, i just do not get why it is taking them so long, they did tell me that if i sign it means theybcan come into mybplace and bust walls and so on should anything go wrong, i have little choice but to accept and do not mind.

 

[Osman16]

Life Lesson - Ignorance of the law does not constitute exemption from the law

Absolutely correct. In ni way am i i trying g to get away, i would sleep much better when everything is in order.

 

[Osman16]

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.

I looked at the date i registered on this forum yesterday and was also surprised 2 years had passed, i have no idea what happen

 

[ToxicBunny]

Thing is, the issue for me ia simple, i am willing to sign indemnity for the pupe should anything go wrong, i just do not get why it is taking them so long, they did tell me that if i sign it means theybcan come into mybplace and bust walls and so on should anything go wrong, i have little choice but to accept and do not mind.

You have zero choice, and you can sign indemnity or whatever on the covered servitude (which is one issue), which would allow them to come in and destroy to get to it.

As for the building line, there is nothing you can sign or pay to make that problem go away. Unless you have an official relaxation order granted (which is reliant on your neighbours signing), the municipality (as slow as the are) can come in with a court order for demolition, and you have almost no recourse.

 

[RedViking]

Thing is, the issue for me ia simple, i am willing to sign indemnity for the pupe should anything go wrong, i just do not get why it is taking them so long, they did tell me that if i sign it means theybcan come into mybplace and bust walls and so on should anything go wrong, i have little choice but to accept and do not mind.

They drag their feet. It is what they do. Phone them, email them, see them until they do something about it.

 

[Osman16]

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.....

I thought about this, about, is it possible for me to break into the foundation on the inside of the hous where the pipe runs, amd sort of creat like a hollow box, so if they need access they have it without breaking anything, i just do not know if this is possible, also while trying to solve the issue i read yesterday about trenchless pipe repair, i assume i could use this should there ne a need for repair. I was advised that if the neighbour does not sign the relaxation i can still getbit, bu posting an ad for objections in the newspaper and so on and should there be no reasonable or acceptable objection i could still get the relaxation, i just do not want to get into all of that with the neighbour and ad fuel to this fire hence i was thinking about compensating them?

 

[Zoomzoom]

I thought about this, about, is it possible for me to break into the foundation on the inside of the hous where the pipe runs, amd sort of creat like a hollow box, so if they need access they have it without breaking anything, i just do not know if this is possible, also while trying to solve the issue i read yesterday about trenchless pipe repair, i assume i could use this should there ne a need for repair. I was advised that if the neighbour does not sign the relaxation i can still getbit, bu posting an ad for objections in the newspaper and so on and should there be no reasonable or acceptable objection i could still get the relaxation, i just do not want to get into all of that with the neighbour and ad fuel to this fire hence i was thinking about compensating them?

Listen if you built an illegal structure right on my boundary which affects the value of my house as well I'd also be pissed off with you and entirely not inclined to give you a relaxation.

The right thing is to take the damn illegal thing down.

 

[Osman16]

You have zero choice, and you can sign indemnity or whatever on the covered servitude (which is one issue), which would allow them to come in and destroy to get to it.

As for the building line, there is nothing you can sign or pay to make that problem go away. Unless you have an official relaxation order granted (which is reliant on your neighbours signing), the municipality (as slow as the are) can come in with a court order for demolition, and you have almost no recourse.

I guess what i read about compensating them was incorrect then,, i could still attempt it? 8 am compensating you for

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?

The guy was referred by a family member and i do not want to create a new problem for myself by taking him to court

 

[ToxicBunny]

I guess what i read about compensating them was incorrect then,, i could still attempt it? 8 am compensating you for

The guy was referred by a family member and i do not want to create a new problem for myself by taking him to court

You can try, but they are well within their rights to refuse. You have given ALL the power in this situation to your neighbours and the municipality.

 

[Osman16]

Listen if you built an illegal structure right on my boundary which affects the value of my house as well I'd also be pissed off with you and entirely not inclined to give you a relaxation.

The right thing is to take the damn illegal thing down.

Fair enough, i just wouldnt care if i was the neighbour and someone did it to me, it is not like it is a huge ugly structure, and it was a genuine error not done to prove anybpounts, so i am just trying to find a middle ground rather than lose 500k

 

[Osman16]

You can try, but they are well within their rights to refuse. You have given ALL the power in this situation to your neighbours and the municipality.

The municipality just want me to be accounatble, i have no issue with that, the neighbour i do not know what they want, compensating momentarily is the only thing i can think of other than fighting in court which i am sure will cost us both a hell of alot

 

[ToxicBunny]

The municipality just want me to be accounatble, i have no issue with that, the neighbour i do not know what they want, compensating momentarily is the only thing i can think of other than fighting in court which i am sure will cost us both a hell of alot

You can't fight them in court, they have done nothing to you.

You CAN try fight the municipality but they have more money than you and will bury you.

 

[Osman16]

You can't fight them in court, they have done nothing to you.

You CAN try fight the municipality but they have more money than you and will bury you.

Fight their objection in court is what I meant, regarding blocking their view, however, the architect did give me plan that was drawn up to all requirements and so on that would have been approved had i not done this, thing is, that plan is to extend the main house and turn it into a double story which would do the same as this building would, in regard to blocking the view, so i cannot understand

 

[Osman16]

I suppose keeping my mouth shut and just waiting for the municipality to get back to me and the lawyer to do his job is the best thing i could do.

 

[Zoomzoom]

having read your posts what you seem to be looking for is a way to get away with your illegal action. What your intent was in doing it (ignorance or whatever) makes zero difference. You did something illegal - end of discussion. And I don't know what you expect any of us to do about it.

If you think you and your lawyer can bullshit your way out of it - mazel tov. The only other option is to take it down. Should have checked what the building regs were before you built - you know because like that isn't exactly a huge giant secret.