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Old 12-06-2010, 02:35 PM
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Anyone know if it's possible to buy 5cms off your neighbors lot? If this is possible it would sure solve all my problems right now
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Old 12-06-2010, 04:46 PM
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can you just set your windows back in the window well 5 more cms?
buying a couple of smaller winows would be way cheaper.
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Old 12-06-2010, 05:05 PM
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Quote:
Originally Posted by howdy20012002 View Post
can you just set your windows back in the window well 5 more cms?
buying a couple of smaller winows would be way cheaper.
Nope, the problem really doesn't have anything to do with the windows, the actual house or foundation is 5cm too close to the properly line. The variance will allow the house to pass fire code if the windows are removed. The idea is that fire can spread to the house next door easier if windows are present. Removing the windows will delay the spread of a fire to the next house and make up for the 5cm screw up.
Smaller windows are also not an option, although smaller windows will result in lower amount of fire protrusion it still isn't enough to satisfy the variance. In addition the windows are already the minimum size required for bedrooms so making them smaller is the same as removing them for us since the idea is to have legal bedrooms.

Really it's all a bunch of BS in my mind, the fact is there is still over 3 meters between the two houses and the limit is 2.4 meters so realistically it's fine, however since it's based on the properly line and not the combined distance we're in trouble. Ideally it would be nice if we could just revise the two lots and have them resurveyed so my lot gains 5cm and the neighbors losses 5cm. The cost of this would be well worth while if it resulted in the windows being legal.

Last edited by sphelps; 12-06-2010 at 05:09 PM.
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Old 12-06-2010, 05:19 PM
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as far as I am concerned
the city inspectors screwed the pooch on this.
during the foundation inspection, they should have picked up on the fact that the house was in the wrong place.
interesting...i would definitely talk to a lawyer
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Old 12-06-2010, 05:44 PM
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Quote:
Originally Posted by howdy20012002 View Post
as far as I am concerned
the city inspectors screwed the pooch on this.
during the foundation inspection, they should have picked up on the fact that the house was in the wrong place.
interesting...i would definitely talk to a lawyer
They should have but it doesn't appear that any blame can be put on anyone else. It's possible the foundation shifted 5cm in their minds. If anyone could be held responsible it would be the builders but they are no longer in business and no longer responsible for the house.
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Old 12-06-2010, 05:50 PM
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Some possible good news is that if the windows do have to be removed legal bedrooms in those locations may still be possible. According to the alberta building code 9.7.1.2 (1) Windows are not required for bedrooms if:

a)Room has electrical lighting
b)Proper ventilation
c)Has a means of egress (exit like an outside door) or has automatic sprinklers

Since the rooms will already have sprinkler systems meeting the other requirements will be easy.
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Old 12-06-2010, 06:19 PM
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Just my fears, but if this was to be a childs room down the road I don't think I could sleep easy. Smoke inhalation kills many before flames are ever an issue. Quick escape via a window would be a must for me.
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Old 12-06-2010, 05:38 PM
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Quote:
Originally Posted by sphelps View Post
Ideally it would be nice if we could just revise the two lots and have them resurveyed so my lot gains 5cm and the neighbors losses 5cm. The cost of this would be well worth while if it resulted in the windows being legal.
but would that make the other house to close to the property line?

Steve
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Old 12-06-2010, 05:41 PM
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Quote:
Originally Posted by StirCrazy View Post
but would that make the other house to close to the property line?

Steve
No the other house has lots of extra space. Currently the other house is 1.85m where my house is 1.15m. So if possible one could reduce the other house to 1.80m and increase mine to 1.2m. This way both houses would be in spec since the limit is 1.2m and I can't see how someone would miss 5cm from their side yard, it's not even noticeable.
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