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AKLD Property without permit for minor dwelling - original garage consented

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  • AKLD Property without permit for minor dwelling - original garage consented

    We are purchasing a rural property with 80sq minor dwelling. This was originally a garage with consent (1970's). Since then it has been converted to a minor dwelling. We assume this was pre 1992. It has a code of compliance for gas and electrical. But no permit for use as a minor dwelling.
    I orginally contacted council and insurance who advised it was ok as it was pre-1992. Have since had a conversation with another planner who said it is not permitted.
    The council info says "it is not necessary to do anything about this work" ... I assume this means the building work ... but what about its use as a minor dwelling... were there permits for minor dwellings pre-1992. If not does that mean we can use as minor dwelling still?

    If the works were carried out before 1992 - does that mean it can be used as a granny flat?
    Can we insure the building?
    Can we insure the contents?

    any info appreciated ... not much fun having this contradictory info given by council at 4:30pm on a Friday... have got to wait til Monday to ask more questions....

  • #2
    Originally posted by blackie88 View Post
    We are purchasing a rural property with 80sq minor dwelling. This was originally a garage with consent (1970's). Since then it has been converted to a minor dwelling. We assume this was pre 1992. It has a code of compliance for gas and electrical. But no permit for use as a minor dwelling.
    I orginally contacted council and insurance who advised it was ok as it was pre-1992. Have since had a conversation with another planner who said it is not permitted.
    The council info says "it is not necessary to do anything about this work" ... I assume this means the building work ... but what about its use as a minor dwelling... were there permits for minor dwellings pre-1992. If not does that mean we can use as minor dwelling still?

    If the works were carried out before 1992 - does that mean it can be used as a granny flat?
    Can we insure the building?
    Can we insure the contents?

    any info appreciated ... not much fun having this contradictory info given by council at 4:30pm on a Friday... have got to wait til Monday to ask more questions....
    What are you actually trying to achieve? Getting it insured and renting it out?

    Building permits ceased to exist when the building act 1991 brought in code compliance certificates from 1992. If the conversion to a minor unit was done pre 1992 then you do not have any obligation to get a CCC now.

    Which council is (was) it? Some had terrible records and it's entirely possible it was permitted at the time but no records can be found.

    I advise against trying to get a CCC for building now as the slab may not have polythene (if it was for a garage they may not have bothered) and council will require this gets installed which involves putting it between the existing slab and another 50mm of concrete on top. The entire frame needs to be lifted to allow that to happen. Then there are development contribution fees which last time I looked at one, it was on the North Shore and was 20k for a garage conversion to granny flat (which I thought was ridiculous considering they didn't even supply water or process waste/sewage at the site) which is more than the works to convert it, plus ensuring the turning circles for the driveway worked etc etc.

    Your insurer should not have an issue and as long as they know everything you know and cover you then there is no reason you can't live in it or rent it out.

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