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Deck with attached roof - consent?

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  • Deck with attached roof - consent?

    Hi

    I was under the impression that a deck/porch with an attached roof to a house was exempt requring consent under Schedule 1 of the Building Act 2004 if under 20m2 and under 1.5m from the ground.

    Ive purchased a property and my lawyer advised me the deck is exempt but the attached roof does need consent. My lawyer said Councils are strict about attached roofs because of run off stormwater issues.

    Can anyone clarify this?

    Im planning to hold the property, but worse case scenario, if I ever sell, I would remove the roof, as I dont really want to involve the council and get a COA.
    Last edited by cgj1; 16-01-2020, 12:54 AM.

  • #2
    The Building Act allows you to build up to 20m2 of open roof structure whether free standing OR attached to a dwelling without requiring a building consent

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    • #3
      Thank you.

      By 'open roof structure' - Do you mean the roof can be covered completely, but open at the front?

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      • #4
        Originally posted by cgj1 View Post
        Thank you.

        By 'open roof structure' - Do you mean the roof can be covered completely, but open at the front?

        change your lawyer

        get one that has read schedule 1 Building Act 2004 and knows that even if it wasnt included council cannot act unless dangerous or insanitary.

        He would also know if he was any good that only the owner at the time is responsible for any offence under s40 and the work can remain without liability to you except it could affect building coverage for future development under planning

        get one that has a degree of commonsense and appreciates that the issue is minor even if consent was required

        open structure means not enclosed it could be a pergola unlimited area or a verandah under 20m2

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        • #5
          That's what I thought the legal position was all along.

          A Guide to Building Work that does not require a Building Consent - Building Act 2004 - Department of Building & Housing (2010)

          "Porches are roofed structures, often with sides but open at the front, and project from the face of a building."
          Last edited by cgj1; 17-01-2020, 10:53 PM.

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          • #6
            Interesting as we were keen on getting Louvre roof over our balcony but our builder said our council KCDC won't give it the CCC. They don't like the system.

            cheers,

            Donna
            SEARCH PropertyTalk, About PropertyTalk

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            • #7
              Originally posted by donna View Post
              Interesting as we were keen on getting Louvre roof over our balcony but our builder said our council KCDC won't give it the CCC. They don't like the system.

              cheers,

              Donna
              They don't like the system - that's interesting.
              Do they say what they don't like about it?

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              • #8
                I understand it to be leaking issues - they do leak I think that's expected though. They're in the Koro lounge at AKL airport and they were leaking when it was raining.

                cheers,

                Donna
                SEARCH PropertyTalk, About PropertyTalk

                BusinessBlogs - the best business articles are found here

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                • #9
                  Originally posted by donna View Post
                  I understand it to be leaking issues - they do leak I think that's expected though. They're in the Koro lounge at AKL airport and they were leaking when it was raining.

                  cheers,

                  Donna
                  For a deck? The 'roof' leaks more if there isn't one.
                  For a room maybe not so good - horses for courses I would have thought.

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                  • #10
                    I once wondered if you could have two roofs, each 20 sq m, if not touching. Phone tab around WCC said they didn't know and that I should speak to MBIE. A few calls to MBIE and the answer was that they didn't know and I should speak to WCC.

                    But both agreed that 20 sq m, so long as not enclosed on all sides, was okay.


                    Originally posted by cgj1 View Post
                    That's what I thought the legal position was all along.

                    A Guide to Building Work that does not require a Building Consent - Building Act 2004 - Department of Building & Housing (2010)

                    "Porches are roofed structures, often with sides but open at the front, and project from the face of a building."

                    Comment


                    • #11
                      good point the exemption is in respect to building work within certain limits Is fo then ut is exempt

                      a verandah could be done in stages and end up 40m2

                      the problem is that a council will judge on the final product as if it was done at the same time.

                      another example is a 10 m2 shed that is later provided with sanitary facilities Is this allowed? (I think so; as long as the facilities are consented or able to be relocated from somewhere else on the property.....

                      It night work if you document the 1st stage with council before the 2nd. Some councils allow for a schedule 1 report to be submitted to property file. (Auckland City do this)

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                      • #12
                        In the new regional koru lounge or the old one that is currently being refurbished?

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