Converting garage into bedroom - the legalities

[Wiz]

Hi there. New to this rather useful site, so to test the water here's an enquiry that's sat on my mind for a while now. I've searched the forum and found a couple of similar type questions but they were a few years ago.

We have a 3 bed, 1 garage town house on 4 levels. Ground is the garage, 1st the living area, 2nd & 3rd bathroom and bedrooms. We bought it with the garage already semi-converted into a 4th bedroom, and the prev owner was renting it as a room.

I say semi-converted as it was and still is a shoddy job. There are no permissions for this conversion - on the new house paperwork the prop was sold as 3 bed + garage.

I want to spend around $2k insulating and getting some power into this room so that come my next search for tenants, they see it as an actual room, not an attempt at a garage conversion, allowing us to maximise rental return by advertising as a 4 be property.

What are the rules with councils and the like about this? Am I cool doing this so long as we don't sell it as a 4 bed house? Anyone done something similar, and if so what did you do? Basically, if ChCh council get wind, am I lining myself up for trouble?

Cheers,

Wiz

[Dean@Massiveaction]

If council ever find out they can prosecute you and probably would. So legally don't do it. From a practical point of view the likelihood of council finding out is small so it comes down to your ethics really.
Bear in mind that if you need council to come and look at anything on the property for any reason they often pull the property file and would get very unhappy if they discovered the conversion.
You don't want to end up like this LINK

[Bluekiwi]

Okay just on this Dean I have a house that has had a carport put up without a permit some time back.

I am looking at either getting an extension done on the house or a little sleepout put on the property.

When I apply through the council to do this, will they then take a closer look at the property as a whole and the carport will become an issue for me.

Anyone ?

[Dean@Massiveaction]

Yes they will when they visit to do their first inspection.
A sloppy inspector may not notice.

[Wayne]

Having said that the consequences will depend on what the carport is like. Generally they are small structures (4 posts and a roof) so they may want you to remove it but the $30k fine from Dean's link probably won't apply.

In Hamilton, due to the downturn, building inspectors are roaming around looking for these things. They get the aerial shot (nice satellite photos done in January last year) and compare with the file. They are fishing and catching quite a lot I hear.

[micheleco]

For the cost of a few hundreds bucks for a permit, its not worth the hassle of council on your back, and tenants have applied in the past and won repayment of rent paid for the illegal room from Tribunal. With any luck the garage was done on a habitable floor so will be relatively easy to get permit to convert.

[Wiz]

Thanks for the feedback folks. As the room has already been established, what would you suggest is the best way of broaching this with the council? As it currently has a bed and the like in it, I am a little anxious that a site viewing may compound my fears.

As has been mentioned elsewhere as a good thing to do, the property was advertised as 3 bed + studio not a 4 bed. Be nice to get things all nice and legal though.

Maybe when this lot move out, I should get the council over then...?

[micheleco]

In Hamilton you can belly up to the counter at council and ask for copies of files on any house for about $5. If you look thru it may have the original plans of the house and you can ask a building inspector if you can convert the garage to a bedroom, ie has a habitable floor and enuf headspace etc . Look for polythene lining under the concrete. They are usually too lazy to come look so ask at the counter. If answer vague, try a draughtsperson to look it over . usually with newer homes if a garage is built attached to the house it will be done to same spec as house, ie habitable.

[Winston001]

I suggest ringing or visiting the council and simply asking for their requirements to convert a garage into living space. Its possible the information will be on their website.

I have a rumpus-room double-garage I'd like to do the same for so am interested in your progress.

You are best to do it legally because it will add value to the property and avoid hassles on resale.

I'm no expert but understand a waterproof membrane is required under the floor. Walls need building paper and to be insulated and lined. Plus the walls need airspace to breathe. Ceiling insulated. There is a minimum ratio of windows to floor area.

[Wiz]

Cheers all. I had a chat with the CCC building services guy, and he said that in ChCh you can convert a garage to a room with no problems at all so long as you 'do not change the structure of the property'. He defined this as widening windows/ inserting doors and doorways, or changing the permanent structure. Installing a stud wall and door to divide end of garage from the front is no issue. So under the building law all looks cool

BUT

According to planning law, there must be an alternative place to park a vehicle. And it is on this wee nugget that we may fall down as, it being a town house, there is no alternative except the street. I will make that arguement with the planner and advise on how I go.

Cheers.

[Wiz]

So the town planner says that to make it all kosha, there would need to be a resource consent application lodged over the parking issue. This would need to point out that there is alternative parking available, and that really the loss of a space is no big deal.

That means in terms of construction - no worries - but for planning we are going to have a problem.

Hmmm.... what to do....?

[Bulldog]

Perhaps call it a study/office, commonly done. Schedule 1 of Building Act is also a good reference for what does/does not require consent though sometimes ignored by overzealous bureaucrats.

[celty69]

Ccc

I am a tenant that has recently found that the converted garage that I rent as a unit is illegal due to not filing for building consents etc. CCC showed up yesterday and informed me that my landlady will be fined and prosecuted for her actions. So be careful. Does anyone know what rights the tenant has in cases such as these as I have to move now due to my landlady's fraudulent actions and lies to me that the flat was all above board. I expect that it will be her responsibility to pay for moving a she lied about the tenancy that will have to stop.

[Odin]

Building act

So if it's called an office its ok to convert a garage ? I have a 3 bay detached garage with power and was thinking about making one of the bays an office with a ranch slider.

Also, where can one get hold of a copy of the building act, preferably online and freeeee.

Thanks

[Winston001]

http://www.legislation.govt.nz/act/public/2004/0072/latest/DLM306036.html?search=ts_act_building_resel&p=1&sr=1