Unconsented 90s carport conversion with laundry

[McDuck]

McD

Yup. It sure looks useless.

The only advantage is access to finance.?

What about resale?

Would that work in the sellers favor?

[TheLibrary]

McD

AC1805 How unauthorised building work is assessed (aucklandcouncil.govt.nz)

is actually more a document on "how to be tricked into using our CoA punitive process, so we can screw you"

the truth is the reference to pre 1993 work also applies to recent work and COA ia a voluntary process that owners do not have to submit to. (with only limited exceptions for work under urgency)

I think we will just deem the original conversion to be pre 1993 and now treat this as a maintenance project ot an existing building. Its going to be relclad so we can fix the studs and generally bring it to code, but in truth its a garage and laundry now, and will be afterwards. We may take a hit are resale but so be it......effectively the owners will be deceased or in residential care. During the process, we will get the necessary paper work from the plumber etc and be done with it.

[TheLibrary]

***UPDATE*****. The work is all done. Its now watertight with channel grates all around it. All the framing has been corrected and its been reclad inside and out. A registered electrician and plumber have done their work as well. So we now have a functional space in excellent condition that is detached from the main house.

Recently though, I found out the flat plans are wrong (crosslease). Still saying house and carport and deck. It only effects one other owner, and I spoke with them today and said we would like to correct at our cost, and she was quite agreeable (no reason not to be, since everything is still within the exclusive area). The other issue I found is with a conservatory/glass house that was done that replaced a deck. Looking at the property file, the builder did get a consent, but never got it inspected, so the council have no record of the work. I found a letter from the council amongst some filed paperwork asking if the work had been done, but it was not responded to. This consent was mid 90s, and I am guessing the builder was not familiar with the process, but who knows.

I am thinking of handing all this to a lawyer and getting them to sort out all the issues. Any more advice would be welcome.

[John the builder]

The outstanding consent should have shown up on the LIM? Did you get one?. Check if it was a permit or consent. If permit doesnt need sign off.

Why pay for lawyer? perhaps just do nothing?

[donna]

The other issue I found is with a conservatory/glass house that was done that replaced a deck.

.

Is it exterior to the house - i.e., can not affect weather tightness? We have a rental that has something similar - a 'room' built onto the main house - (under the roof) though you see the exterior cladding of the original house when you're in it. - entry into the main house is via a sliding door. The other two sides are glass 4 x glass panels per side, each with small windows, and both have an exterior door. It would be hot in summer and cold in winter - the floor is concrete (the property is a concrete base) - the tenant uses it for her indoor plants.

Re. your glasshouse - it didn't bother you that it was not signed off - so it probably wouldn't bother future buyers.

cheers,

Donna

[TheLibrary]

The outstanding consent should have shown up on the LIM? Did you get one?. Check if it was a permit or consent. If permit doesnt need sign off.

Why pay for lawyer? perhaps just do nothing?

I definitely want to get the flat plans updated as I know that becomes a concern at resale for crossleases. I did not know about the LIM. I was going to get one, but it seemed an extortionate price so I left it. I am wanting to sort this out with a view to having to sell in the future. What hassles will an incorrect LIM cause at resale. The plumbing in the garage for the laundry will not be recorded, but I am guessing this must be the case with many many properties.

[John the builder]

the LIm has a list of consents and shows whether the CCC has been issued. It is usually a biggy for the lawyers if the CCC is not there, ironically unconsented work is not such a problem because they dont know about this unless the property file is carefully examined.

The CCC if missing is your bigger problem than the flats plan. Get the property file and see what it shows?

[TheLibrary]

the LIm has a list of consents and shows whether the CCC has been issued. It is usually a biggy for the lawyers if the CCC is not there, ironically unconsented work is not such a problem because they dont know about this unless the property file is carefully examined.

The CCC if missing is your bigger problem than the flats plan. Get the property file and see what it shows?

I have the property file and it shows a the consent application stamped with a consent number. On it, handwritten is "enclosed producer statements ....for glasshouse". Its a four page document with minimal detail. Given the statement about the producer statements I wonder if the consent was applied for after the event, and the producer statements got lost. This document is dated in June 1996

I found a letter which is not on the property file, but in my parents papers, a letter from the council dated sometime in the year 2000 advising that no inspection had taken place for the said consent and wanted advice if the work was done or not, and the consent is only valid for a set period of time. My folks filed it and never responed (they are just not good with sort of stuff).

[John the builder]

There is no time limit on a 1991 building consent for the issue of the CCC. Even a 2004 consent only triggers a council response at year 2 but the consent doesn't lapse once work is started.

You could ask council to issue it Conservatories do not normally need inspections except for a final as the council rely on the installer, and there are no foundations.

ring and ask for the CCC perhaps it was issued? if not get council to inspect. Tell them it is a simple low risk consent and you don't want the durability team (who always make a meal out of these old consents). A sensible inspector will possible do the right thing. (if that isn't an oxymoron)

[TheLibrary]

There is no time limit on a 1991 building consent for the issue of the CCC. Even a 2004 consent only triggers a council response at year 2 but the consent doesn't lapse once work is started.

You could ask council to issue it Conservatories do not normally need inspections except for a final as the council rely on the installer, and there are no foundations.

ring and ask for the CCC perhaps it was issued? if not get council to inspect. Tell them it is a simple low risk consent and you don't want the durability team (who always make a meal out of these old consents). A sensible inspector will possible do the right thing. (if that isn't an oxymoron)

Lovely thanks. i will do this. To be fair, my folks would have relied on the builder/installer and did act in good faith. I hope the council will see that. Will update this thread when I have done something.

[TheLibrary]

I just found this on the council website Historic CCC application


"If your building consent is five or more years old, your CCC application is classified as an historic application.

We will need to access your building for durability. You have to fill out an application form which focuses on B2 Durability in the Building Code."

https://www.aucklandcouncil.govt.nz/building-and-consents/building-consents/code-compliance-certificates-ccc/Pages/apply-for-code-compliance-certificate.aspx

[John the builder]

the durability for back dates the dyrability to an agreed date and overcomes the problem with adding 15 years to something already 26 years old in this case.

Still try and avoid the durability team they are simply "trained to refuse" but worth a go it is so simple that even they may have to issue the CCC?

[TheLibrary]

the durability for back dates the dyrability to an agreed date and overcomes the problem with adding 15 years to something already 26 years old in this case.

Still try and avoid the durability team they are simply "trained to refuse" but worth a go it is so simple that even they may have to issue the CCC?

Thanks. In reading the info, not sure i will have much choice as to who will deal with it. It looks like I have to do the old consent application and what will be will be. If it all becomes to hard, we can get legal help. In all honesty I am not sure what the council would achieve in making a big deal of it. The intent to the right thing is evident and as you say it was 26 years ago and if they inspect, they will see it is still in good condition.

[TheLibrary]

https://www.stuff.co.nz/life-style/homed/real-estate/129921827/dont-leave-it-too-late-advice-to-downsizing-boomers-caught-with-compliance-issues

Article on unconsented works when trying to sell. Thought I would post here.

[donna]

I’d be keen to hear from John the builder on that article. It seems incorrect to me. So a bank will fund on a COA but you couldn’t get insurance? Isn’t insurance a prerequisite for a loan?