Consent after the fact for Soak pit

[ABfan2014]

After moving in to my new house I discovered the water from the downpipe was just going straight into the ground and forming a puddle right next to the house. I was extremely concerned that damage was being done. So I hired a registered drainlayer and had a soak pit made post haste.

I did not get a consent for it however, and unless you are "replacing an existing soak pit" you need one. I think I did the right thing by not waiting for a consent but now worry about how to explain this if asked about the drainage in the future when I sell up eventually.

Are there any options for getting a retroactive consent from the council after you have taken matters into your own hands due to having overflowing water?

Or is involving the council at all opening up a can of worms?

Thanks

[Leftette]

I'd say the latter. If it was done properly, presumably by the capable and experienced drainlayer, then I'd let it ride. Who's going to even notice such a thing at point of sale?

[motivated]

Check the building act. I know there is a clause in it which allows you to do certain urgent drainage work without needing a consent--whether this fits that criteria would need to be determined but could be open to interpretation

[davtam]

After moving in to my new house I discovered the water from the downpipe was just going straight into the ground and forming a puddle right next to the house. I was extremely concerned that damage was being done. So I hired a registered drainlayer and had a soak pit made post haste.

I did not get a consent for it however, and unless you are "replacing an existing soak pit" you need one. I think I did the right thing by not waiting for a consent but now worry about how to explain this if asked about the drainage in the future when I sell up eventually.

Are there any options for getting a retroactive consent from the council after you have taken matters into your own hands due to having overflowing water?

Or is involving the council at all opening up a can of worms?

Thanks

Are you in Auckland

I would call the council, and without telling them who you are, find out what they say, before proceeding with getting consent.

In my experience, council+drainage=drama.

[ABfan2014]

Check the building act. I know there is a clause in it which allows you to do certain urgent drainage work without needing a consent--whether this fits that criteria would need to be determined but could be open to interpretation

I checked the building act. If your building work needs to be carried out urgently then you do not need a building consent. It doesn't reference drainage separately just building work.
As soon as practical after the work, you need to inform the council and get a certificate of acceptance. I have downloaded the certificate of acceptance form, apart from some difficult to answer questions that require knowledge of the law, the major problem I have with it is that I have to give the phone number, and mobile number of the registered drainlayer which implies they will call him.

This means I Would have to call the drainlayer first to bring him up to speed with my intentions to get a certificate of acceptance. He is likely not to support my application as he told me at the time that we should basically just do the work and not inform the council as that would be the simplest in his view. I don't really have a good reason to convince him otherwise except that I may get asked awkward questions later at time of the next house sale (which are questions that Leftette points out may never eventuate.)
I also don't want to turn this into a drama - and davtam's post indicates it could head that way. I am not in Auckland by the way.

Possible next steps if I wish to push this include -calling the drainlayer and just sounding him out.

[motivated]

Davtam is right--you can have a drama if you involve councils.
With the building act, if you look long enough you will eventually find detail relating to drainage (i went there once over something).
However being frank-- how will a future buyer know of your new soak hole--and more so --how will your council ever know what you have done

[Wayne]

The soak pit was always there (wink wink, nod nod).

[speights boy]

Will unconsented drainage system invalidate your insurance ?

[Perry]

The soak pit was always there (wink wink, nod nod).

Indeed, it was. Just a puddle, it was.
I made it bigger and less unsightly.

[Ahar]

After moving in to my new house I discovered the water from the downpipe was just going straight into the ground and forming a puddle right next to the house. I was extremely concerned that damage was being done. So I hired a registered drainlayer and had a soak pit made post haste
Thanks

I've always found "professionals" a bit too quick to undertake very expensive work....no doubt your soak hole cost a largish bundle of cash.....which your drain layer was happy to relieve you of.

Did you do any investigative work to ascertain what was/should have been in place??

IMHO your first point of call should have been the council.....to check what drains were supposed to be in place.

In fact I'd go and have a look now....you might be a bit miffed though....spending all that money when it might not have been necessary.

I'd be just a bit surprised if there wasn't a drainage system of some sort.... was probably just blocked

[ABfan2014]

I've always found "professionals" a bit too quick to undertake very expensive work....no doubt your soak hole cost a largish bundle of cash.....which your drain layer was happy to relieve you of.

Did you do any investigative work to ascertain what was/should have been in place??

IMHO your first point of call should have been the council.....to check what drains were supposed to be in place.

In fact I'd go and have a look now....you might be a bit miffed though....spending all that money when it might not have been necessary.

I'd be just a bit surprised if there wasn't a drainage system of some sort.... was probably just blocked

My first call was to the drain doctor who told me I needed a soak pit. $400 for that advice from them. They dug around the downpipe and found it was just going straight into the dirt.
My second call was to the council. I asked them for various information which they provided.

The fact that I engaged the council makes it difficult for me to deny all knowledge of the soak pit as they have probably kept a record of my inquiry.
Yes it will be an insurance issue if it ever comes up I would imagine.

I think I will probably let this go but will need some good answers if ever asked about the drainage on the property. I think the learning for me next time is to familiarise myself more with the building act earlier in the piece. Then I could have gotten the registered drainlayer on board with the need to get a certificate of acceptance when I hired him.

[motivated]

It was urgent work= first answer
You were replacing ' like for like' in other words it was a repair/ maintenance. it was not NEW work= second answer

[John the builder]

I think a home owner can do storm water work without consent from council but I cant find chapter and verse. Anyone shed light?

Still has to comply with building code though.

[John the builder]

if it was urgent work it has to have a certificate of Acceptance issued but only if consent was required in the first place

[John the builder]

the dirt was the soakage pit prior so you are entitled to replace that with a new one (that works better?)