Un-Consented Garage

[AmaC]

Hey Guys,

I have a question. There's this property we like to buy (First home) but the previous owners have done some un-consented changes to the original plan.

They have turned the car port in to a lockable garage and added a single room and internal entrance to the house. Basically the whole down stairs area is un-consented.

Also there is a storm water pipe going underneath the property and the land has a flood risk. so you need the council engineers reports etc. if you want to build or change anything there, which they didn't consult the council (from LIM)

So does this sound so bad? or is it a Low - Med risk? i know i will have issues with insurances in case something happen. But would you consider buying something like this?

Thanks in advance.

AC

[AmaC]

Just to clarify. The works took place prior to 1991.

[Raftcomm]

Personally i would try to find out the cost to have it certified by the council (eg: remediation work etc) and use that as a bargaining chip when offering a purchase price. I wouldn't be overlooking this since you will be faced with the same issue with future buyers if or when you decide to sell this house.

I tend to be more cautious with properties with flood risks as it can be a costly affair if a flood occurs or even if you try to address it by installing a drainage system. Recommend you get indicative costs for drainage and use that as a bargaining chip as well.

Just my $0.02.

[mrsaneperson]

If it looks well built i wouldnt personally worry about it nor would i give myself a headache informing council .I bought a property a few years back where the previous owner had done some unauthorised works creating a basement dwelling .He had to get a "safe & sanitary" certificate to satisfy the concerns of the next buyer. This certificate remains on the LIM in the form of an engineering report that notifys council that the unauthorised works are neither unsafe nor insanitary. Provided it remains like this council do not have any interest in the matter.
There are literally 1000's of situations like throughout NZ.

[Kolyan]

I have been through this situation recently - buying a house with pre-1991 unauthorised alteration.

My advice is to do a verbal building inspection by a person who is also authorised by the council to do S&S reports.
While doing the verbal report you can ask his informal opinion whether the alteration meets the S&S criteria. If it does not, he will have to note it during the inspection in some form. If that’s the case stay away from the property.

Once you buy the house just call him up to do S&S. It is about $500-600. The pipe might be a separate issue though but you can call up Council and ask them if will they have a problem with that provided S&S report is obtained. Usually Council lose interest as soon as they hear pre 1991 with S&S - they can’t make any money out of it.

if you are in Auckland, you may contact Bays House Inspection Services 2004 Limited - he did my S&S - good service and reasonably priced. Also, I think he does building inspections.

[AllBlacks]

Hi, I am in a same situation. I want to buy this property in Auction which has a un-consented garage but S&S report is there. Will I need to apply for CoA? Will the Insurance company ask for it? Will the LIM report show it in the plan?

Thanks. First time buyer so bit confused if it is a big deal or not. The garage looks solid and safe. I like the property.

[motivated]

A safe and sanitary report is the earlier version of a COA so if it has a S&S it should be Fine

Hi, I am in a same situation. I want to buy this property in Auction which has a un-consented garage but S&S report is there. Will I need to apply for CoA? Will the Insurance company ask for it? Will the LIM report show it in the plan?

Thanks. First time buyer so bit confused if it is a big deal or not. The garage looks solid and safe. I like the property.

[ivanp]

I wonder why would the changes described above require any consent at all under current regulations?
It's not a new attached or standalone structure, it doesn't add any sanitary fittings, plumbing or drainage, it doesn't affect weather-tightness or structural properties of the building, so why would it need any consent at all?

[John the builder]

I agree with ivanp

If you break it down to its 'bits' these may be possible under schedule 1.

as long as there are no planning issues and building not dangerous or insanitary (which is where a S and S report comes in)then council cannot make you remove the work or take any action.


CoA are owners option for work done that he or a predecessor did that required a consent (work after 1991 Act brought these in) but this doesn't cover schedule 1.

You need to deal with insurer but they should be happy if safe and not dangerous otherwise they cant insure most of NZ, but be prepared to shop around as some are uninformed.

[AllBlacks]

A safe and sanitary report is the earlier version of a COA so if it has a S&S it should be Fine

Thanks mate.

[Dens]

I think this is the thread I've been looking for.

Looking at an IP with recently reno'd garage with utility rooms. Not mentioned on LIM, no CoA.
Both agent and PM say it's perfectly ok to rent it out as part of the same tenancy, but building inspector and council (without giving them specifics) say otherwise. Needs to be H1 compliant to be "habitable" if people are going to sleep in there.
Seems like the council is pretty clear on what it needs to be, but is it a pretty common thing to just go ahead and let tenants sleep there, without getting consent/acceptance?

[Monsterbishi]

There's a whole raft of issues that you could be facing in this respect - think about the potential insurance problems for starters.

[John the builder]

Your agent and PM are correct and sound informedWhat council are you dealing with?

You can convert a garage without consent required if work is able to be done under schedule 1.

Council would say you needed a consent to install a letterbox if you asked them?

Monsterbishi rases the urban myth?

Insurance is a completly different thing because you need to be covered but if the work doesn't need consent then it is lawful. Check with your insurer but if they say no then find an insurer who understands the law properley and give them your business.

Of course if dodgy work causes a fire then this is your problem but this applies to all buildings all the time consented or not. Get electrical work checked and certificate issued as this is main fire danger.

it doesn't have to be compliant (H1 etc) but it does need to be safe and sanitary so the question is; is it a dry and healthy environment fit for purpose, and safe structurally??? it has to be pretty poor to not be but if not rectify the problem.

[Dens]

There's a whole raft of issues that you could be facing in this respect - think about the potential insurance problems for starters.

This seems to be the common push back on not getting it complied (insurance). But then I get told it's ok by others (as below)

Your agent and PM are correct and sound informedWhat council are you dealing with?

You can convert a garage without consent required if work is able to be done under schedule 1.


it doesn't have to be compliant (H1 etc) but it does need to be safe and sanitary so the question is; is it a dry and healthy environment fit for purpose, and safe structurally??? it has to be pretty poor to not be but if not rectify the problem.

Thanks, John.
Was initially Papakura council, now Manukau (different properties)

will look up schedule 1.
Down the rabbit hole...

[Dens]

Just found this on their brochure.

This exemption provides for the repair or replacement of existing outbuildings (asclassified under Building Code clause A1 – Classified uses) that are not intended forhuman habitation. These include buildings such as carports, garages, greenhouses,machinery rooms, sheds, private swimming pools and farm buildings.

http://www.building.govt.nz/assets/Uploads/projects-and-consents/building-work-consent-not-required-guidance-3rd-edition.pdf







This is where I get push back from the council and others. It's clearly intended for human habitation.