Hi John and Artemis, will try and answer your questions.
The fee was a "cash-in-lieu levy for non-compliance of building carpark ratio". Basically payable because the unit didn't have a carpark - it's pretty standard, I've seen it with other hotel buildings.
It was just one of a whole raft of fees that the previous owner had to pay to change the use of their unit from commercial (hotel room) to residential (private apartment). In total the costs would have added up to about $36,000 and I'm told they include:
1.Development contribution for change in land use, levied by Auckland Council on unit floor area.
2.Residential code compliance cost (payable to building contractors by affected unit owner).
3.Cash-in-lieu levy by Auckland Council for non-compliance of building carpark ratio.
4.Other Local Government bylaw requirements.
My S&P agreement specified that vendor would obtain consent, meeting all required conditions and paying all required fees, levies, etc.
I did have the option of buying another similar apartment in the block and getting the consent myself - but obviously if I'd done that then it would have been at $40K less than this apartment to allow for the fees. Wish I'd done that now.
Re Disputes Tribunal, I think that's only for amounts up to $15,000 (or $20,000 if both parties agree). The ombudsman approach does seem best, or possibly local representatives as you mention John.
Artemis, I'll have a look at that website, and I'll start putting together the OIA request. Thanks again for your ideas!
Thanks John, that was my instinctive response when I got the email, but so far I've restrained myself! Yep I'll do my best to fight this.
The fee was a "cash-in-lieu levy for non-compliance of building carpark ratio". Basically payable because the unit didn't have a carpark - it's pretty standard, I've seen it with other hotel buildings.
It was just one of a whole raft of fees that the previous owner had to pay to change the use of their unit from commercial (hotel room) to residential (private apartment). In total the costs would have added up to about $36,000 and I'm told they include:
1.Development contribution for change in land use, levied by Auckland Council on unit floor area.
2.Residential code compliance cost (payable to building contractors by affected unit owner).
3.Cash-in-lieu levy by Auckland Council for non-compliance of building carpark ratio.
4.Other Local Government bylaw requirements.
My S&P agreement specified that vendor would obtain consent, meeting all required conditions and paying all required fees, levies, etc.
I did have the option of buying another similar apartment in the block and getting the consent myself - but obviously if I'd done that then it would have been at $40K less than this apartment to allow for the fees. Wish I'd done that now.
Re Disputes Tribunal, I think that's only for amounts up to $15,000 (or $20,000 if both parties agree). The ombudsman approach does seem best, or possibly local representatives as you mention John.
Artemis, I'll have a look at that website, and I'll start putting together the OIA request. Thanks again for your ideas!
Originally posted by John the builder
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