Unpermitted Dwellings

[heanme]

hi

check not pre 1992 building act..

[Hunter82]

Hi Dean, thanks for the quick reply and info. From your experience, would someone need to make sure that it is written into the policy? Some insurance co.s might have clauses saying any infringment of any Act or law can result in voiding the cover. So was your case quite drawn out with many fines over a period of time or did council stick you with a big fine?

[Hunter82]

Thanks too heanme - fittings look fairly recent. cheers

[Dean@Massiveaction]

Must be specifically included in insurance company policy. You MUST tell them it is illegal kitchen and usually they want proof that all wiring, especially Stove, is professionally done, then they will still insure.
Just be aware that you are creating a trail of criminal liability should anyone get injured or die in the illegal flat. Never worth in in my opinion :-)

[essence]

Sort of related to this topic.

A friend of mine has just built a new 70m2 A1 Home for his mother-in-law on his property. Local Council said they weren't allowed to put in kitchen (some strange council rule for the specific area).

So friend obliged but left a "utility room" available. Once Code of Compliance was issued, friend put in kitchen. 6 weeks later Council did a surprise inspection and found kitchen.

Friend now in discussion as to what constitutes a kitchen. Does a stove/sink/electrical wiring??? Does wiring alone constitutes a kitchen (ability to use stove top cooker) etc. The list goes on.

Council is being an idiot as far as I can see.

Be very, very careful when dealing with Councils - they can, will and do make your lives hell - just for the sake of it.

[kiwineece]

Hi there, Just after some advise. We have a property with an unpermitted Garage Converstion. All the work etc was one on the property pre 1990 and we have not changed anything in the dwelling. We have had a safety report done on it and its all fine but want to know how we go about getting it permitted with the council. Any advise.

[heanme]

Never use the word kitchen, call it studio, also why wire in a stove, convectional microwaves are great , the little portable hot plates also are ideal...Reading this thread every council is different, our city council has no record of our house plans it is called historic (late 1950s), , our insurance company has been informed of our minor dwelling ( legal pre 1992 ) and the insurance incl contents is covered as part of our house...

[egan123]

[QUOTE=whitt;22004]Dean Is on the money with his statements.
I have looked into several properties only to decline due to the illegal conversions.
Yes rental yeilds can be good but the downside is insurance could be a issue if an incident occured. Eg fire from the kitchen.

Another point to note is if you are dealing with West Auckland, they will not issue compliance retrospectively ( after the work has been done) and they are firm on this. So you need to pull it apart or down then reapply for consents before works commences.

Whitt, if your having a problem with Waitakere City Council, and they told you they will not issue retrospectively, they told a porky. They will if the person handling the rectifications(if any) and confirmation that it complies with the Building Act, is someone they TRUST, then its no problem. Old saying, its not what you know, but who you know. I signed of a property in Warrick Ave Titirangi for the owners, and they except my doccumentation out west. Its all about PRODUCER STATEMENTS, AND KNOWLEDGE. One more thing, if Dean has been fined because of a previous owners illegal work, he can get the money BACK. More on this later.

[egan123]

Hi there, Just after some advise. We have a property with an unpermitted Garage Converstion. All the work etc was one on the property pre 1990 and we have not changed anything in the dwelling. We have had a safety report done on it and its all fine but want to know how we go about getting it permitted with the council. Any advise.

Send me a PM Private message, and I can help.

[egan123]

Always remember, buildings must comply with the building act of the year they were built, a few exceptions, but that is the rule. Or the year when consent was applied for. If there is illegal work done its not the end of the world, but there is a process, and Dean is pretty much onto it.

[frazzledfozzle]

Geez

Hi Kathie

Can you explain what "encumberance" is? I know encumbrance but "encumberance" is a new word to me.

After Kathie has explained "encumberance" to you maybe you could explain " internal staricase to me"
Or shood we both use our comon sence and not b so pedantic aboot speeling miss steaks ?

Frazz

[Olan]

Hi All

I've been doing some background research and came across this conversation in which you gave out some great advice. I was wondering if I could ask you some questions, if it wasn't too much hassle.
I'm looking at purchasing a house with a double garage - half of which has been (terribly) converted as a sleep out/ separate unit rental. I'm awaiting the LIM at the moment to see if any of the work was compliant but from the standard of it I would think that it was done under the radar.
Would there be any repercussions if I removed the work that was done, and reverted the garage back to it's original purpose? This notion was not touched in any of the forums.

I was quite invested in this property, but from what I've read I more inclined to take the general advise and walk away from it if there's any problems.
Thanks for taking the time to read this however.

Olan

[Human mule]

Hi
im thinking of putting in a kitchen into my large separate rumpus room , it already has a bathroom etc
if I put a kitchen in and rented it out , what are the penalties if I get caught by council ??
Do I have to take it out again or will they fine me etc , seems crazy as there is a housing shortage etc
any info would be great

[John the builder]

If you can substitute a sanitary fixture from somewhere esle in the house you can argue that the Kitchen is not an additional fixure and if done by a reguistered plumber is exempt under schedule 1 of the building Act otherwise if they catch you doing the work a possible fine (up to 200k) but likely a court would say 5-10k. Possibly just an enforcement notice $1000 fine.

Self contained spaces are recognized in the Building Act under change of Use regs

They may come after you under district plan for establishing a second unit. Abatement notice and $750 per day if non comply.

There is an argument that you arent establishing a second res dwelling as not separate and exclusive but you need to do this properly and be prepared to defend the position. You are fight council ideology and policy. You can defend in environment court. (possible legal costs?)

Establish legally as a granny flat for a family member with consent and then you are half way there anyway?