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Tall garage on boundary

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  • Tall garage on boundary

    Hi all,

    I'm considering replacing my old garage situated down the back of my property with a new one towards the front. There is a long driveway leading to the back section along that particular boundary fence.
    I understand that building directly on a boundary line requires specific fire rating etc (which I did find in council regs, Waitakere) but it doesn't say whether the long drive way can be considered as a "firewall" or "fire break" and also how does the height consideration work? Is it measured from the next boundary over?

    Thanks if you can lead me to the council fine print I've missed or know the answers....


  • #2
    you need to consider carefully the type of title you have and what this means in terms of where fire separations are measured from. Generally all buildingswithin 1000 of bdy need fire rating but there are exceptions such as boundaries on roads Which is what allows shop frontages) and some titles where measurement is to the farther bpoindary (other side of a ROW for example.

    you will likely be building in a yard so neighbors permission required? heights determined by HIRB but if digging in is possible this can help.


    • #3
      you asked where the boundary is measured from?
      this is given in the definition of relevant boundary in the acceptable fire solution for a detached dwelling found here at page 13;

      Relevant boundary
      Relevant boundarymeans the boundary of an allotment that isother property in relation to the building inquestion and from which is measured theseparation between the building and thatother property; and for the external wall ofany building, the relevant boundary is thenearest of—(a) a boundary of a freehold allotment, exceptthat if the other property is a road, railwayline, or public open space, the relevantboundary is the boundary on the far side ofthat other property; or
      (b) a boundary of a cross-lease or a companylease or a licence, except that if the otherproperty is open space to which the lesseeor licensee of the building in question hasan exclusive right of access andoccupation or to which 2 or moreoccupiers of the building in question haverights of access and occupation, therelevant boundary is the boundary on thefar side of that other property; or
      (c) a boundary shown on a unit plan (butexcluding a boundary between a principalunit and its accessory unit), except that ifthe other property is open space and iscommon property, the relevant boundary isthe boundary on the far side of that otherproperty.

      1. Where an easement, such as a right of way, occurswithin an allotment, the relevant boundary shallremain the same as if the easement did not exist.
      2. Boundaries within a cross-lease or company leaseor licence are shown on a survey plan. In somecases the boundary is the external wall or roofof a building.
      3. The unit title boundaries of principal units, accessoryunits, and common property are shown in the unitplan. A boundary is frequently an internal or externalwall, an upper floor, or the roof of a building.
      4. A wall along a boundary between two allotmentsis called a “party wall” when the owners of theallotments each have legal rights in respect of thatwall registered by way of easements on one orboth titles. An internal wall between cross-leases,company leases, or unit titles, or between one ofthem and common property, is not generally calleda party wall but in that case also the lessees, unittitle holders, or corporate body concerned eachhave legal rights in respect of that wall. Such a wallseparates areas which are other property in relationto each other, but the wall itself is part of eachproperty. The fire protection consequence of thatlegal concept is that such a wall can be regardedas a fire separation providing protection againsthorizontal fire spread in each direction. In otherwords, that wall may provide the appropriateFRR instead of each property having its own wallof that FRR.