VIC Neighbours Lattice Blocking Sunlight and Won't Remove?

[Subashov]

My Neighbour installed lattice to a fence (without our knowledge) while we were away interstate, then sold the property, and the new neighbor, upon request, refuses to remove the lattice.

The Lattice significantly blocks sunlight to several North facing windows on my property and also impacts access to my guttering (for general maintenance) across the length of that side of the house.

The top of the fence, due to movement and lean, is approx. 1 meter (boundary should be 1.25mt) from North facing windows, and the height of the fence including the lattice is above my roof gutter (due to my property being at a lower level than my neighbours).

Do I have any recourse in this matter, considering the Victorian Fences Act 1968 makes no provision for lattice?

Could the Building Regulations 2006, section 428. Fences and daylight to windows in existing dwelling and section 429. Fences and solar access to North facing windows, be used to obtain a ruling?

Thanks in advance for any replies.

 

[Sarah J]

Hi Subashov,

Have you spoken to your local council about this instalment? Your neighbour might need council (planning) approval for installing a lattice, in which case, you should be given an opportunity to lodge an objection.

You may be able to lodge an action in private nuisance with VCAT against your neighbour. Court action would be very expensive and time consuming. Therefore, I would suggest trying to speak with your neighbour, and the council, again and try to come toward some kind of out-of-court agreement.

 

[Worldly1]

Also have a look at Legal Aid Victoria's information page "Disputes with neighbours".