Any Lawyers Here? - Shared Boundary Fencing Dispute.

kRAdENkO · 16th June 2016, 21:16

Ah, the good ol' boundary fence dispute.

Anyone been through this before?

A large NZ construction company has been contracted by the owners of an old peoples village next door to build some old people units. They have resource consent for this of course.

As part of this they have to build a 1.8m high wooden paling fence. Just a classic fence. At their cost.

As part of the resource consent it also mentions that this fence can be modified if this is agreed to by both parties.
I'm wanting to modify the fence by making it far taller. As tall as I can without requiring building consent. I believe this is 2.5m but I'm double checking with the council about this. I'm trying to minimise effects on our privacy now we have a two story unit next door that has a balcony directly looking into our deck.

I don't mind paying the difference between a 1.8m fence and a 2.5m fence if that's required.
However, the building company just started building the fence after I told them in writing/email that they were not to do so until negotiations were complete with their customer. This fell on deaf ears until I threatened to skill saw any work completed without my permission down.

The drama is still unfolding but I seem to have finally got the attention of the customer and we are going to initiate negotiations. I'm not sure how this will turn out given my previous dealings. However, I expressed my interest in changing the fence a year ago.

I've never received any sort of fencing notice as far as I can tell.

Fun times.

CCS · 16th June 2016, 22:30

Quote:

Any Lawyers Here?

No. You'll have to pay for one.

MadMax · 16th June 2016, 22:50

haven't you heard? it's not called reduced privacy any more, it's called improved security

xor · 17th June 2016, 08:06

Have you checked with the council that you can build a 2.5M high fence? As I suspect that council won't allow you to build one that high.

pxpx · 17th June 2016, 08:26

http://www.legislation.govt.nz/act/p...sel_25 _a&p=1

https://www.consumer.org.nz/articles/fencing-law

kRAdENkO · 17th June 2016, 11:46

Thanks for the replies and links guys.
I've previously read through those links. They provide useful information.

I found 2.5m specified in an Auckland Council document as the maximum height before building consent is required. The old limit used to be 2m I think, with most fences being 1.8m in height.

Jodi · 17th June 2016, 16:15

I'm pretty sure there are council regulations against being able to view into a neighbours living space, in which something has to be built in the way in order to block the sight line (trees/ bush/ fence/ etc)

You might be able to do this to get them to build the fence themselves in order to get council concent IANAL!

pxpx · 17th June 2016, 17:12

Quote:

Originally Posted by Jodi

I'm pretty sure there are council regulations against being able to view into a neighbours living space, in which something has to be built in the way in order to block the sight line (trees/ bush/ fence/ etc)

You might be able to do this to get them to build the fence themselves in order to get council concent IANAL!

Just to clarify, you only need to put something into block the sight line if the neighbours have an issue with what you're building.

16th June 2016, 22:50	#3
MadMax Stuff	haven't you heard? it's not called reduced privacy any more, it's called improved security __________________ My degree of sarcasm depends on your degree of stupidity.

16th June 2016, 21:16	#1
kRAdENkO	Any Lawyers Here? - Shared Boundary Fencing Dispute. Ah, the good ol' boundary fence dispute. Anyone been through this before? A large NZ construction company has been contracted by the owners of an old peoples village next door to build some old people units. They have resource consent for this of course. As part of this they have to build a 1.8m high wooden paling fence. Just a classic fence. At their cost. As part of the resource consent it also mentions that this fence can be modified if this is agreed to by both parties. I'm wanting to modify the fence by making it far taller. As tall as I can without requiring building consent. I believe this is 2.5m but I'm double checking with the council about this. I'm trying to minimise effects on our privacy now we have a two story unit next door that has a balcony directly looking into our deck. I don't mind paying the difference between a 1.8m fence and a 2.5m fence if that's required. However, the building company just started building the fence after I told them in writing/email that they were not to do so until negotiations were complete with their customer. This fell on deaf ears until I threatened to skill saw any work completed without my permission down. The drama is still unfolding but I seem to have finally got the attention of the customer and we are going to initiate negotiations. I'm not sure how this will turn out given my previous dealings. However, I expressed my interest in changing the fence a year ago. I've never received any sort of fencing notice as far as I can tell. Fun times.

17th June 2016, 08:06	#4
xor	Have you checked with the council that you can build a 2.5M high fence? As I suspect that council won't allow you to build one that high.

17th June 2016, 08:26	#5
pxpx	http://www.legislation.govt.nz/act/p...sel_25 _a&p=1 https://www.consumer.org.nz/articles/fencing-law

17th June 2016, 11:46	#6
kRAdENkO	Thanks for the replies and links guys. I've previously read through those links. They provide useful information. I found 2.5m specified in an Auckland Council document as the maximum height before building consent is required. The old limit used to be 2m I think, with most fences being 1.8m in height.

17th June 2016, 16:15	#7
Jodi	I'm pretty sure there are council regulations against being able to view into a neighbours living space, in which something has to be built in the way in order to block the sight line (trees/ bush/ fence/ etc) You might be able to do this to get them to build the fence themselves in order to get council concent IANAL!