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  1. #11
    Join Date
    May 2008
    Posts
    3,560

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    Quote Originally Posted by em720 View Post
    I have googled the name of the development company and cannot find any trace of them to contact them. Ive asked the lawyer to dig around again to get some contact details as there seem to be none online!
    If the people who wrote the covenant can't be found, then who will complain if you breach it?

  2. #12

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    Quote Originally Posted by Bob Kane View Post
    Lateral thinking time:
    You have a shed which is nothing but a shed.
    A previous owner may have used it as a sleepout - but it's still a shed.
    No consent needed.
    Just get rid of it.
    As you would any other shed.


    Stop using the word sleepout/dwelling.
    You have a shed.
    Strip out anything that that might suggest it's being live in.
    Then remove your shed.
    Thanks Bob, but I think the council requires us to have consent to remove the shed. The owners got consent to move the shed onto the property, and on the website it mentions anything greater than 10 m2 in size needs consent. So Im assuming we would need consent to pull it down. Why on earth we need consent to pull down a shed I dont know, seems ridiculous. I guess this is my first intro into the world of council rules.

  3. #13

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    Quote Originally Posted by Bob Kane View Post
    If the people who wrote the covenant can't be found, then who will complain if you breach it?
    The neighbours who Im guessing also have to abide by the same land covenants. However, the shed has been there 15 years, and has been used as a sleepout for probably that long too, and the neighbours drive past it every day, so I doubt they would complain.

    But my goal is to try and do this without breaching anything!

  4. #14

    Default

    the covenant was probably the original subdivision to stop people siting caravans and devaluing the area?

    talk to council

    dont demolish the sleepout you are entitled to use it as is.

  5. #15

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    Quote Originally Posted by John the builder View Post
    the covenant was probably the original subdivision to stop people siting caravans and devaluing the area?

    talk to council

    dont demolish the sleepout you are entitled to use it as is.
    Thanks John, I will chat to the council, I think that's a good place to start. The old owners are also happy to meet us as well so I will chat to them too about the land covenant when I go and meet them.

  6. #16

    Default

    Quote Originally Posted by Bob Kane View Post
    Lateral thinking time:
    You have a shed which is nothing but a shed.
    A previous owner may have used it as a sleepout - but it's still a shed.
    No consent needed.
    Just get rid of it.
    As you would any other shed.


    Stop using the word sleepout/dwelling.
    You have a shed.
    Strip out anything that that might suggest it's being live in.
    Then remove your shed.
    call it what you want? and make kiit want you want.

    and your lawyer said

    But it still needs to be consented because its a conversion from a storage shed to a dwelling, according to our lawyer
    .

    but this is not right, it is not a change of use under building act, the issue only is is it safe and sanitary?



  7. #17

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    Quote Originally Posted by John the builder View Post
    call it what you want? and make kiit want you want.

    and your lawyer said

    .

    but this is not right, it is not a change of use under building act, the issue only is is it safe and sanitary?


    [/COLOR]
    From the lawyer, when I enquired further: "
    Essentially, the potential issue with the current sleepout is that it was brought on as a ‘shed’ and used as a dwelling – which is exactly what the covenant prevents. So if your concern is building a family flat on the property, the covenant won’t prevent this unless it’s a ‘caravan, hut, shed or tent’, so there shouldn’t be an issue.

    My concern with the sleepout was more the change of use – the consent for it to be brought onto the property covered it being used as a storage shed. Now that it’s being used as a dwelling, it’s in breach of the covenant (but remember – only your neighbours can enforce that) but I’m not sure whether the change of use requires Council consent. "

    So essentially I think its a non-issue. At the end of the day, the previous owners were in breach of the covenant, but no neighbour ever reported/challenged the sleep-out. We will not be using it as a sleepout, so its not really an issue for us. It will just sit there. One day in the future the plan is to remove the shed (aka the sleepout) and put in its place a <55 m2 family flat for visiting family.

    I think all is clear to me now!

  8. #18

    Default

    There is a good summary of covenants
    here including getting rid of one?

    https://www.ifindproperty.co.nz/blog...land-covenants.

    maybe sound out the neighbours to see if they have the same problem amd want a joint solution?


 

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