What action can I take against a neighbour who has built their house in a way which does not fit in community?

Jon B: What action can I take against a neighbour who has built their house in a way which does not fit in community?
My neigbour demolished the house and built a new one. My house was designed and built before this occurred. Everything was fine until the new house was built.

Now, the neighbours have replaced the wall and carport that was on their side of the fence, running the entire length of my house, with an outdoor entertaining, dining area. ie, what was originally at the back of the house, they have moved to the side of their house, along the side of my house.

What this means is, the design of my house is no longer appropriate, because it does not incorporate any barrier against the noise that is constantly coming from the neighbour’s outdoor area on the side of the house.

I would like to know if there is any way they can be forced to change their house so that it fits with the design of my house, which occured first. It is very unpleasant to have to listen to the neighbours all day, every day, and not be able to get any peace in the lounge room or bedroom.
Sorry I should have mentioned, I am in Australia, but if you can tell me what you know about your local laws it will still help me, thanks.

Answers and Views:

Answer by Waah! only crybabies report!
can you tell us if you’re in the US or UK? I’m a city planner in the US, but I won’t be able to help you with UK laws and policies.

In the U.S., there are only two sources of rules for house building.

1. Local planning agency rules for the jurisdiction in which you live. These are in the form of zoning ordinances, subdivision ordinances, etc. You can call the local planning agency and apprise them of the situation to see if there is a violation. Chances are, all the work being done would have necessitated a permit, a copy of which should be available at the planning agency. In the U.S., most local ordinances don’t really regulate much about house construction other than placing limits on height, and requiring certain minimum offsets from property lines. These rules would NOT typically govern where someone chooses to place their outdoor courtyard, and they would not typically regulate architectural style (unless the neighborhood was a designated historic district).

2. Private deed restrictions / restrictive covenants… If you live in a planned development, there MAY be privately enforced restrictive covenants / regulations that apply to all those living within the development. These will not typically be enforced by any government agency, as they are private rules… The only recourse is to lodge a complaint against an offending party with the Home Owners Association or whomever is charged with enforcement of the covenants. The courts are probably the only way to force compliance. Government agencies will not involve themselves in these matters.

Good luck.

Answer by suninfla
All you can do is change your place or move.

Answer by xthedaylightcursex
KILL THEM

Answer by booge
no but you can call the cops if they are too noisy

Answer by hideeho
WHOA BOY! There’s alot of testosterone flowing here!

First. You are asking what “ACTION” you can take.

Next, You want to know how to “FORCE” them to change their house to YOUR desires, specifications and definition of appropriateness.

I would suggest that you take note of the tone in which you present yourself. Perhaps this would help in your nieghborhood too.

You may have justification for these wishes and wants, but seriously….be careful here and there where you are and live to not come across like the official Neighborhood Nazi.

Did I miss the section that enumerates what nieghborly, time tested steps you have already taken to resolve this such as talking in a friendly fashion to them about your concerns rather than your demands?

I’m sorry to be harsh and critical, but have you considered that you may have been percieved as the problem and this was their answer to it?

Answer by cowboydoc
Most areas in the U.S. have an ordinance against this. If you build your house so high your neighbor gets the sun cut off because of your design, then you can sue to compensate. If your neighbor builds a high fence, he has to conform to the building codes, that’s why we have them. Apparently where you live you have none of these. If you do, and you can check, maybe you can sue to compensate, then move to a place more suitable to your needs.