Unpermitted Dwellings

[Patu]

Exactly what is the council envelope?

What is it's purpose & content?

Pooomba:

bought a property that had an abatement notice against it that the vendor had hidden from me and the council hadn't gotten notified on the LIM so I'm in the process of fighting the imposed removal of 2 kitchens from a property. Every 90 days you get fined $750 and eventually you end up in court with fines of many thousands of dollars.

What's the purpose of an abatement notice?


Thanks

Newbie

[Muddle]

Had similar problem. Found out after rushing through a sale that the garage was unpermited.
Solicitor pointed out a clause in our " agreement for sale and purchase of real estate " 7th edition.

6.2.5
Where the vendor has done or caused or permited to be done ect ect.

This is a standard clause which boils down to the vendor is responsable for having all buildings permited. I took my vendor to the small claims court about 1 year after the sale. Everything was turning to custard untill I pointed out that clause in the agreement. He is now paying me back my costs of getting the garage permited at $30 per week.

Barry

[Glenn]

Exactly what is the council envelope?

What is it's purpose & content?



What's the purpose of an abatement notice?

Councils keep all the plans and most correspondence and should keep all building inspectors notes on properties.
For some properties these can be held in an envelope and might consist of just one old blue print plan. For other properties they there are so many plans and other stuff that they keep them in a file box.
Anyone can go and look at these plans for a small fee. Currently $15 locally. Any one purchasing a property must go and look at this file.
You need to check to make sure that any additions or out buildings have a building consent and code compliance.
Some properties have special restrictions placed on them by the council.
Things like "The granny flat must be removed once the property is sold" or various other usage restrictions.
Buyers would be a fool to think that their lawyer or friendly landagent will inform them of these things.

[fudosan]

It's called property file in Auckland city, and costs about $7 for viewing.

[Marcus]

It's called property file in Auckland city, and costs about $7 for viewing.

$5 in Tauranga and FREE in Rotorua.

Regards

[whitt]

Saw one in Christchurch other week and it was free to view

[Glenn]

Goodness.
It makes me feel our local council is ripping me off.
You would think they would be satisfied with the money I have already paid them.

[essence]

Kapiti Coast District Council is free if you are owner but $15 if you just want to peruse the property envelope.

Porirua City Council is free (I think).

[dksnz]

Auckland's NORTH SHORE CITY COUNCIL appear to be the winners so far:

From $20 to $37 - depending on how you want to view it.... in house, or on CD to take away...

[Scarface]

Just out of curiosity how many of you do have unpermitted dwellings just to know what type of issues esculates with the tenants and other authorities such as PM.

[Glenn]

Well I have (or have had) both some non building consented dwellings and one that had a code compliance issued by the council despite the work not having been done.
Now hows that for a problem. Especially when the bad paying tenant went to the council on advice of Tenancy Services. The council instructed me to do some work that they had already signed off as having been done by a previous owner.
You should have seen the council staff scurrying away like disturbed rats. They gave me approval within 24 hours to do the work.
Bless there cotton picking little hearts.

[Kathie]

We walked away from a place last month that had a second kitchen which was illegal (because of lack of fireproofing etc and against zoning constraints) but was signed off by the council anyway.

Funny thing was that it was signed off only last year by someone who still workd in that position. The officer I spoke to doesn't know how it happened but said that it shouldn't have. I think he went back to his colleague and asked some hard questions later!

We are also in the process of buying a house that has an unpermitted basement. We have spent quite some time investigating what it will take to get it permitted (difficult because of structural and drainage issues) and have decided that although it will be potentially quite costly (c$15,000) it is worth going ahead with the sale because of the projected capital growth and all the other positive features of the property. We have also agreed on a price reduction of $5,000.

Having said that, we are only going ahead with the sale because we want it for a PPOR. If it was for an IP we would think twice about committing ourselves to that kind of short term expenditure. It would really have to have great capital growth prospects and be able to be presented to IRD as a repair not renovation.

Other properties we have bought have had various issues with unpermitted or unsanitary buildings (one had shoddy old sheds which we knocked down; another had a rotton bathroom which we got a price reduction for and then gutted and repaired). Our approach is that while you can often get away with renting out properties with unpermitted work - why bother exposing yourself? There are plenty of properties out there without increasing your risk exposure - especially to councils who can be tenacious! Either get it permitted, knock it down (only recommended for sheds etc!!!) or walk away.

BTW, Muddle - thanks for your tip on 6.2.5. I found an excellent use for it yesterday and resolved a situation very satisfactorily before it even became a situation! Much appreciated!

[Muddle]

BTW, Muddle - thanks for your tip on 6.2.5. I found an excellent use for it yesterday and resolved a situation very satisfactorily before it even became a situation! Much appreciated!

Your welcome Kathie

[Hunter82]

Hi all, i'm new to the forum and would like to find out more about insurance and council issues on unpermitted items.

I'm looking at a permitted sleepout on a property but it has an unpermitted kitchen. Does anyone have experience with getting an insurance policy which would cover for this? Also, would be curious on council issues - I see Dean has come across a big fine would be curious to find out more about this. ($70000?!)

[Dean@Massiveaction]

Insurance company will require electrical certificate then they may insure it. Council can force you to remove kitchen and tenants at any point for any reason and fine you till you comply.