ᐅ Planning Errors / Incorrect Measurements – What Options Do We Have?
Created on: 25 Feb 2018 20:05
N
nils1985
Hello dear forum,
During our paving work, we discovered that our construction company has misplaced the eastern property boundary. According to the land registry office, the boundary markers are set 1 meter (3 feet) inside my property. Therefore, the builder had to assume the boundary extended by 1 meter (3 feet).
At the rear, everything fits, but the company took 1.25 meters (4 feet) at the front. The problem now is that the house is completely finished, and I had ordered a 6-meter (20 feet) wide driveway. However, at one point, the driveway is 6 meters (20 feet) wide, while at the front near the street it is only 5.75 meters (19 feet). As a result, it is misaligned.
My carport is also supposed to be 6 meters (20 feet) wide. It was specifically approved as a 9.00 x 6.00 meter (30 x 20 feet) boundary-aligned structure. Now, it would either be skewed over the 9.00-meter (30 feet) length or only 5.75 meters (19 feet) wide.
Do I still have any legal options to take action against my construction company? Claims for damages? Any reference standards? Could this slight misalignment of the house cause further problems?
Thank you very much for your help.
Kind regards
During our paving work, we discovered that our construction company has misplaced the eastern property boundary. According to the land registry office, the boundary markers are set 1 meter (3 feet) inside my property. Therefore, the builder had to assume the boundary extended by 1 meter (3 feet).
At the rear, everything fits, but the company took 1.25 meters (4 feet) at the front. The problem now is that the house is completely finished, and I had ordered a 6-meter (20 feet) wide driveway. However, at one point, the driveway is 6 meters (20 feet) wide, while at the front near the street it is only 5.75 meters (19 feet). As a result, it is misaligned.
My carport is also supposed to be 6 meters (20 feet) wide. It was specifically approved as a 9.00 x 6.00 meter (30 x 20 feet) boundary-aligned structure. Now, it would either be skewed over the 9.00-meter (30 feet) length or only 5.75 meters (19 feet) wide.
Do I still have any legal options to take action against my construction company? Claims for damages? Any reference standards? Could this slight misalignment of the house cause further problems?
Thank you very much for your help.
Kind regards
Does the construction company also build carports? Basically, there are only two problems:
1.) The driveway/carport/parking area will be 25cm (10 inches) narrower. Unfortunately, nothing can be done about that, and it’s just bad luck. We have 6 meters (20 feet) width and already find it too narrow for two cars. Next time, I would definitely go for 7 meters (23 feet)... you might be able to get compensation for that.
2.) Because the carport’s width is reduced from 6 meters (20 feet) to 5.75 meters (19 feet), it will become almost trapezoidal in shape. This will, of course, increase the cost somewhat. You could potentially claim or demand these additional costs. Alternatively, the construction company could also assemble the carport (e.g., through their carpenter) at a “special price.”
PS: If your carport is 6 meters (20 feet) right up to the property line, it will not actually be 6 meters (20 feet) wide. We only realized this later as well. With two 12cm (5 inch) posts, the roof overhang, and the setback from the boundary, you will easily end up with less than 5.5 meters (18 feet) of drive-through width. You really should make sure to use every centimeter you can on the driveway side.
There will be no trouble with the building authority / planning permission office. Whether you applied for 6 meters (20 feet) and then build 5.75 meters (19 feet) does not matter to them at all. The only important thing is that your house is set back 3 meters (10 feet) from the boundary. Everything else must be arranged with your neighbors (e.g., carport length over 9 meters (30 feet), overhang, etc.).
1.) The driveway/carport/parking area will be 25cm (10 inches) narrower. Unfortunately, nothing can be done about that, and it’s just bad luck. We have 6 meters (20 feet) width and already find it too narrow for two cars. Next time, I would definitely go for 7 meters (23 feet)... you might be able to get compensation for that.
2.) Because the carport’s width is reduced from 6 meters (20 feet) to 5.75 meters (19 feet), it will become almost trapezoidal in shape. This will, of course, increase the cost somewhat. You could potentially claim or demand these additional costs. Alternatively, the construction company could also assemble the carport (e.g., through their carpenter) at a “special price.”
PS: If your carport is 6 meters (20 feet) right up to the property line, it will not actually be 6 meters (20 feet) wide. We only realized this later as well. With two 12cm (5 inch) posts, the roof overhang, and the setback from the boundary, you will easily end up with less than 5.5 meters (18 feet) of drive-through width. You really should make sure to use every centimeter you can on the driveway side.
There will be no trouble with the building authority / planning permission office. Whether you applied for 6 meters (20 feet) and then build 5.75 meters (19 feet) does not matter to them at all. The only important thing is that your house is set back 3 meters (10 feet) from the boundary. Everything else must be arranged with your neighbors (e.g., carport length over 9 meters (30 feet), overhang, etc.).
The 3-meter (10 feet) rule generally applies to almost all plots of land. It can of course be more in some cases, and less (or even zero meters) usually applies to terraced houses or similar. If more than 3 meters (10 feet) are required, this is typically referred to as the "building zone" or "building envelope."
As long as the house is within the "building zone" or more than 3 meters (10 feet) away from the boundary, there usually won’t be any major issues. You might have to apply for some permits or similar in such cases.
I’m not sure what happens if a finished house is less than 3 meters (10 feet) from the boundary. There will likely be some consequences, especially if there is a building encumbrance or similar registered on the neighbor’s property. Demolition is usually only relevant for unauthorized buildings.
As long as the house is within the "building zone" or more than 3 meters (10 feet) away from the boundary, there usually won’t be any major issues. You might have to apply for some permits or similar in such cases.
I’m not sure what happens if a finished house is less than 3 meters (10 feet) from the boundary. There will likely be some consequences, especially if there is a building encumbrance or similar registered on the neighbor’s property. Demolition is usually only relevant for unauthorized buildings.
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