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Topic
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Please can you help me. I am dealing with a very upsetting situation and am unsure of whether correct process has been followed in the decision to not consider all the implications of allowing a large elevated concrete patio to be built.
Could you advise me how renovations to a townhouse involving extending a small back patio by laying concrete pavers across (most of the garden) to create a very large concrete patio entertaining space would be formally dealt with by a strata? Is it regarded as a minor or major renovation as it ‘alters the external appearance’ (of the back of the house). Are owners allowed to do whatever they want in their back gardens (as per my strata manager comment) or for this construction are the owners required to lodge plans, (especially drainage plans given the steep slope of land on which the townhouses are built) and seek approval from the strata manager? Does the council also have to be notified?
The owner next door (who moved in to do total renovations to their investment property over year) extended a small roofed patio by constructing a very large concrete paved patio across the back of the townhouse and well into the garden. This construction involved levelling the back garden and raising the ground level of the back garden.
As the townhouses are built on a significant slope, with mine at a much lower level, the new elevated ground level of the neighbouring townhouse concrete patio is at least 50mm above the original ground level. My back patio is located at an even lower level due to the land slope with the wooden dividing fence about 5 foot from my back patio door. The elevated concrete patio has been constructed so it abuts the wooden dividing fence and the shared brick wall which forms the external wall of my back patio then becomes part of my lounge wall. This part of my lounge wall forms the side wall of next door’s original patio. (ie the neighbours townhouse is built slightly forward of mine up the slope).
I am very concerned about runoff from this large elevated concrete patio. Where will the water that would have previously percolated down through grass and soil drain to? If the runoff flows along the wooden fence line and down to my lower level it could adversely flood of my back patio, undermine my back patio and infiltrate foundations and the shared brick wall. Also, if it has not been correctly underpinned, tons of concrete and soil could come straight through the wooden fence down onto my back patio and garden area.
In addition, because the neighbour created a higher ground level height on their side, they have reduced the height of the wooden dividing fence on their side. This means the new tenants next door can look over the wooden dividing fence straight onto my private back patio and into my lounge room. Constructing the patio at an elevated level has altered the fencing height on the neighbour’s side and directly compromised my privacy. This dividing fence was put up by the strata 22 years ago when I moved in. Whose liability is it to reinstall a higher fence?
It seems no plans were submitted but the strata committee, according to the strata manager ‘have no problem with the patio’. The strata manager also said they might be able to ‘request drainage plans’. I was informed the committee would meet and discuss issue in a few day’s time . To my enquiry on whether to attend the meeting, the strata manager stated it was very unusual for owners to attend. I am very concerned at the possible water flow/drainage issues (as mentioned above) created by the large elevated concrete patio; and its placement along wooden dividing fence and shared brickwall. Should there be a brick retaining wall here instead of the soil and concrete edge of the patio abutting a wooden fence?? Additionally alteration in height of a dividing fence by constructing the patio at a higher ground level has completely compromised my privacy. What do you think I should do?
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First, I recommend setting out what you actually want. If it’s a higher fence and proper drainage, then talk to the neighbour and give them a chance to respond.
If they say no or even look like they are going to delay acceding to your reasonable requests, tell them you will be taking it further.
Then you’ll need to get straight on to it. I think my first call would be to council. The whole drainage issue needs to be sorted out and that would be the starting point.
Then I would be check the original strata plan to see what is actually lot property and what’s common property – and taking discussions with the committee from there.
Finally, I would be looking at strata law and your by-laws to see if there’s anything there about changing lot property so that it’s no longer in keeping with the rest of the building.
And perhaps explaining that you have an action plan will make them a bit more amenable when you restate your request.
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