Unconsented property alterations

[Pughie]

I'm a first time buyer needing a 75% mortgage. When putting in an offer it turned into a multi offer situation and feel I'm paying top $ for the property. A building inspection says the property is well presented and in a good state of repair but the LIM has identified there is no consent for the internal garage to be converted to a playroom. The seller has agreed to obtain a COA. I have declared this to my buildings insurance and high street lender, but finance remains conditional until the COA and proof of Insurance with no exclusions is available.. My questions are:-

1. Does a COA completely remove the problem of the unconsented element or will it always be an awkward legacy that will reappear or likely affect resale value when I come to sell?
2. Will the COA mean the alterations are now considered compliant?
3. Am I likely to incur ongoing Insurance loading or exclusions because of the COA element?
4. Does the COA effectively put me back in the position of buying a fully consented property or should I really be negotiating a new price as the property isn't as perfect as I thought it was at the time of making my offer?

I would appreciate any experience, opinions or advice.

Kind regards

[Wayne]

When you say it was turned into a playroom just what was done?
A lot of stuff can be done without needing a building consent and turning a garage into a 'play room' wouldn't generally need a building consent.
After all, it is up to you how you use the room. I'm not talking about adding toilets or cooking etc.
A few lights, cover the garage door, carpet on the floor - this would make it a good playroom.

Or has something more substantial been done?

[Pughie]

Wayne, Thank you for your time to respond.

I understand, the garage walls got lined and installation was used. Garage door removed and replaced with a front door. The floor got tiled (but was not raised the now required 150mm?), presume some more plug sockets, lighting were put in. The laundry area remained but in an upgraded state. No toilet or shower or cooking.

I believe your comment "A lot of stuff can be done without needing a building consent and turning a garage into a 'play room' wouldn't generally need a building consent" I feel this was probably the advice the seller obtained at the time approx. 1998. However putting wall insulation in seems to be the trigger.

I'm still struggling to find buildings insurance, no one wants to commit until the COA is issued. I would appreciate any advice/ information on how a COA is perceived/ accepted/ viewed upon by professionals, future buyers, insurance etc

Regards

[John the builder]

agree with W

it could be legally used as a bedroom with roller door replaced without consent but it needs to be safe and sanitary

How does a LIM identify unconcsented work? It is only a record of what they know not what they dont?

If the owner gets a CoA then council are giving approval but not as strongly word\ed as a building consent but you have done all you can do. (but it didnt need to be done?)

[Wayne]

agree with W

it could be legally used as a bedroom with roller door replaced without consent but it needs to be safe and sanitary

Playroom - not bedroom was the senario.

[John the builder]

but a bedroom is even more important but a lesser use certainly also allowed?

I think the issue was can the purchaser get advantage and yes he can and if vendor cannt get the CoA promised then he should discount but another option is to say knock 10 k off the price and we will do the CoA and then do nothing?

[John the builder]

However putting wall insulation in seems to be the trigger.

who says there wasn't insulation there before?

it seems to me you are creating the problem for yourself? Do you want the space or not?

[Wayne]

Wayne, Thank you for your time to respond.

I understand, the garage walls got lined and installation was used. Garage door removed and replaced with a front door. The floor got tiled (but was not raised the now required 150mm?), presume some more plug sockets, lighting were put in. The laundry area remained but in an upgraded state. No toilet or shower or cooking.

I believe your comment "A lot of stuff can be done without needing a building consent and turning a garage into a 'play room' wouldn't generally need a building consent" I feel this was probably the advice the seller obtained at the time approx. 1998. However putting wall insulation in seems to be the trigger.

I'm still struggling to find buildings insurance, no one wants to commit until the COA is issued. I would appreciate any advice/ information on how a COA is perceived/ accepted/ viewed upon by professionals, future buyers, insurance etc

Regards

Seems like a flash garage with a small door.
20 years is a long time.
Sure putting in wall insulation in an exterior wall should have a building consent (the only bit of the above that does) but as JTB says - who says it wasn't there from a long time ago? Is it written somewhere that it was installed in 1998?

When you are looking for insurance how does the conversation go?
Is it "the house doesn't have a CCC" or something like "someone insulated the garage 20 years ago and didn't get a consent"?

[Pughie]

The seller has advised verbally that he insulated the walls when he converted the garage to playroom around 20 years ago.

The insurance conversation is "Do you have anything to disclose?" My response is yes... The garage was converted to a rumpus around 20 years ago and insulation was installed in the walls, at the time this required a code of complaince certificate, but it wasn't obtained, but the seller is working on hopefully getting a Code of Acceptance from the council will you insure us? The rest of the house is compliant. It goes to an underwriter and then we get varying responses from they won't cover compliance costs, to we won't cover the unconsented area. The high street bank won't lend until the CoA is obtained. If it's not issued we don't get the finance and the purchase will fall through.

[John the builder]

you should have said that "the conversion did'nt need consent" not that it needed a CCC and wasn't obtainedand a COA isnt required but for insulation that is doing no harm (if it wasnt in fact already there) Offer to get electrical safety check to allay any concerns.

get a second opinion and change your broker....

you cant blame the insurer, but if you frighten them, then they must get nervous?

[randhawa012]

Hi,

I am new to this forum, but need some help or guidance.

I am thinking to do some DIY project and want to setup Sliding Barn Door if you google and also sellers selling hardware on trademe.

There is a an existing opening, I will not be making any changes to structure or will not be cutting anything extra to make space for this door.

This will stay at entrance to my lounge and will be 1200 mm wide sliding sideways.

Can anyone guide and advise if I do need consent for this ? as only thing I will be doing is mount the hardware into studs and then hang the door.

is this classified as major work ? please advise any help will be appreciated.

Many Thanks in advance.

Cheers

[John the builder]

if it was a non loadbearing wall you could also make the opening. Schedule 1 of the building Act allows for the work you describe.

There are 43 categories that dont need consent. Yours is exemption 8 for building work to internal wall that is non loadbearing.......