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  1. #1

    Default Sleepout within setback of boundary - retrospective consent

    I'd be most grateful for some advice.

    Our neighbours have built a single-storey sleepout within the setback of our fence. They tell us it encroaches by 60cm (apparently the local guidelines are 1m). It overlooks the fence by about 1.5m.

    It interrupts the view a little but there wasn't much to see there before, and it doesn't cast any shadows on our property.

    They tell us it will be used as an office.

    Having built it, they now want us to sign a document stating that we are happy for them to build a sleepout within our setback.

    Although it's a bit of an eyesore it doesn't trouble us too much, but we wonder about the impact on our property value. We spoke to an estate agent who was slightly on the fence but did suggest this could be the case.

    It seems our options are to either decline to sign, in which case they would move it forward 60cm, or sign and let it be as it is, but potentially reducing the value of our property.

    What would others do? They're very pleasant neighbours and we want to maintain good relations, but we couldn't afford to lose value on our home.

    Many thanks in advance.

  2. #2
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,325

    Default

    What do you mean by 'setback' please?
    Squadly dinky do!

  3. #3

    Default

    Quote Originally Posted by Davo36 View Post
    What do you mean by 'setback' please?
    The distance from the boundary line (fenced in this case) in which building is prohibited by the council. I understand this is usually 1.5m in my area but apparently this is relaxed to 1m for some reason, and they are 60cm closer than that to the boundary.

  4. #4
    Join Date
    Oct 2015
    Location
    Rotorua
    Posts
    476

    Default

    For sleepout to be exempt from requirement to obtain building consent it must be less than 10m2 and to be placed it's own height from the boundary. So according to your description they had to get not only building consent but resource consent as well.

    I'd start from calling Council and checking if they indeed obtained consents.

  5. #5
    Join Date
    Oct 2007
    Posts
    363

    Default

    Running to the council is the last thing i would suggest at this early stage. You will strain neighbourly relations.

  6. #6

    Default

    if they did move it back 60cm you woukld still see it and value is still affected?

    get him to plant decent sized tree(s) between the fence to soften the affects??

  7. #7
    Join Date
    Oct 2007
    Posts
    363

    Default

    A very good solution actually
    Quote Originally Posted by John the builder View Post
    if they did move it back 60cm you woukld still see it and value is still affected?

    get him to plant decent sized tree(s) between the fence to soften the affects??

  8. #8
    Join Date
    Nov 2007
    Location
    north shore
    Posts
    381

    Default

    Bop you don't live next door to a friend of mine Cindy do you?

  9. #9
    Join Date
    Aug 2003
    Posts
    7,638

    Default

    I wouldn't sign anything and if they can move it forward they should in any case - particularly if they haven't got BC and RC. If they or a future owner at some stage go for retrospective CCC (code of compliance) then it's placement is correct.

    cheers,

    Donna
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  10. #10

    Default

    I have a neighbour who has his garage built only around 30cm from the boundary; its a headache for him maintenance wise as its a tight squeeze. I think a previous owner of my house must have given permission for him to do this but hes a bit of a sly bugger as recently when it came to rebuild the broken fence on the boundary he was asking if he could move the fence more over my side ! Of course i said no. If you see no issue , sign it ,however it will be notified on the LIM as well as your signature approving it. No great issue i think though in your situation.


 

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