An adjoining property is currently under construction and we are having multiple problems with this site.
We tried to address these long-outstanding issues with our neighbour (ie by getting compensated for damage they caused, being provided with assurances that there would not be further damage (ie details of protection work to be provided, etc.) and having a private nuisance issue rectified), as part of providing access to our property so a boundary wall can be built. However, the owner and her builder did not want to address our matters, so pretended they could build from their side without getting access to our property by using Hebel panels.
We later found out that the Hebel panels were not compliant with the Building Code of Australia and manufacturer's instructions, as they were not waterproofed and access is needed to do these waterproofing works. Also the Hebel panels for the boundary wall are not of a suitable standard for fire separation purposes, as required under the BCA.
In Victoria is it possible for our neighbour to go to court (ie Magistrates) to get an order to force access to our property? Providing access is our only bit of leverage that we have to get multiple issues, that we have chased repeatedly over many months, finally sorted out.
I note the following advice, but just want to check if there have been any court decisions, which may have changed these circumstances: Neighbours and adjoining properties - Construction Law Made Easy
We tried to address these long-outstanding issues with our neighbour (ie by getting compensated for damage they caused, being provided with assurances that there would not be further damage (ie details of protection work to be provided, etc.) and having a private nuisance issue rectified), as part of providing access to our property so a boundary wall can be built. However, the owner and her builder did not want to address our matters, so pretended they could build from their side without getting access to our property by using Hebel panels.
We later found out that the Hebel panels were not compliant with the Building Code of Australia and manufacturer's instructions, as they were not waterproofed and access is needed to do these waterproofing works. Also the Hebel panels for the boundary wall are not of a suitable standard for fire separation purposes, as required under the BCA.
In Victoria is it possible for our neighbour to go to court (ie Magistrates) to get an order to force access to our property? Providing access is our only bit of leverage that we have to get multiple issues, that we have chased repeatedly over many months, finally sorted out.
I note the following advice, but just want to check if there have been any court decisions, which may have changed these circumstances: Neighbours and adjoining properties - Construction Law Made Easy
