When it comes to property development due diligence before buying a development site, or even before you kick off on one you already own, there is one step I want to zoom in on. It is a sleeper. It is often missed. And it is critical enough that if you get it wrong, it can cripple your development faster than almost anything else.
After more than ten years and over five hundred million dollars in townhouse projects, I have seen this mistake enough times to be able to spot it quickly. But even for me, I will be honest, I sometimes need to lean on the right consultants to get it right. That is why it slips under the radar for so many property developers. It is technical. It is hidden. And if you overlook it, it can absolutely crucify your project.
So what am I talking about? Overshadowing neighbours regulations.
Townhouse Development Overshadowing Explained
Not overshadowing of your neighbour’s habitable room windows. Most developers are across that one. I am talking about overshadowing your neighbour’s private open space. That is the open space at the back of their home.
I cannot tell you how many developers have come unstuck by not understanding how strict and unforgiving this element really is.
Here is the thing. If you are building next to a property with a large backyard, you usually have room to work with. But when the neighbour is in a smaller townhouse with a modest courtyard, everything changes. Suddenly you have tight restrictions that you must respect.
The new planning laws in Victoria may have changed parts of the residential approval process, but overshadowing still needs to be assessed carefully.
You cannot simply cast shadow across your neighbour’s private open space.
What you need to do is compare. That means looking at the shadow being cast by the existing dwelling you are planning to knock down, along with any fences, sheds or other structures already throwing shadow. Then you calculate how much additional shadow your new proposal will introduce to that private open space.
This is precisely where frustration begins for a lot of developers.
The Cost of Getting It Wrong
If you get this wrong, the fix is brutal. You could lose metres off your first floor footprint just to comply with townhouse development overshadowing regulations.
In townhouse development, metres matter. Losing metres means losing bedrooms, losing layout function, and ultimately losing value in your end product.
I have even seen projects where a dual occupancy was planned and the developer ended up being forced into a single dwelling. Imagine buying a site expecting two homes and walking away with one. That is how damaging this mistake can be.
And if you are unsure how to assess overshadowing risk on a potential site, I recommend jumping into our free property developer network the Little Fish Network. Thousands of developers are in there sharing real experiences and guiding each other around mistakes like this. I have included the link below.
How to Avoid the Overshadowing Trap
The solution comes down to having the right property development consultants. A strong town planner and a strong designer are non negotiable.
A designer can look at your concept and anticipate where shadows will fall.
A planner can explain exactly what your council expects and what level of shadowing will be acceptable.
If you try to estimate it yourself, you are gambling metres of building footprint. That is not a gamble you want to take.
Real World Example
Recently, Gavin who heads up site acquisitions here at Little Fish and I were doing property development due diligence for a client who was about to purchase a site. On paper it looked fantastic. Great location, great numbers, and strong development intent. He was planning a side by side dual occupancy project.
Because we always check overshadowing early, we had our planner and designer review the preliminary concept. The upstairs shadow was spilling well into the neighbour’s courtyard. It would have destroyed the feasibility.
Our client told us that without us, he would have purchased the site. And he would have been stuck. Potentially losing a significant amount of money.
That is the lesson here. Overshadowing of your neighbour’s private open space can make or break your project. You must identify it early. You must get professional guidance. And you must make informed decisions before pulling the trigger.
Townhouse Development Overshadowing Final Takeaway
Put overshadowing of your neighbour’s private open space near the top of your due diligence checklist. It is not obvious, but identifying it early can save you from a massive setback.
If you want to dive deeper into the broader due diligence process, join our free Little Fish Network. Thousands of developers are in there helping each other avoid mistakes like this every day.
And if you want professional guidance on your next project, that is what my team and I do every day. We offer development project management, one-on-one property development mentoring and can even sell your townhouses off the plan. You can book a call directly with me anytime to learn more.
I am Peter Kelly. Appreciate you sticking around.
Until the next one. See you at the top!