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  1. #1

    Default Deck with attached roof - consent?

    Hi

    I was under the impression that a deck/porch with an attached roof to a house was exempt requring consent under Schedule 1 of the Building Act 2004 if under 20m2 and under 1.5m from the ground.

    Ive purchased a property and my lawyer advised me the deck is exempt but the attached roof does need consent. My lawyer said Councils are strict about attached roofs because of run off stormwater issues.

    Can anyone clarify this?

    Im planning to hold the property, but worse case scenario, if I ever sell, I would remove the roof, as I dont really want to involve the council and get a COA.
    Last edited by cgj1; 16-01-2020 at 12:54 AM.

  2. #2
    Join Date
    Oct 2007
    Posts
    366

    Default

    The Building Act allows you to build up to 20m2 of open roof structure whether free standing OR attached to a dwelling without requiring a building consent

  3. #3

    Default

    Thank you.

    By 'open roof structure' - Do you mean the roof can be covered completely, but open at the front?

  4. #4

    Default

    Quote Originally Posted by cgj1 View Post
    Thank you.

    By 'open roof structure' - Do you mean the roof can be covered completely, but open at the front?

    change your lawyer

    get one that has read schedule 1 Building Act 2004 and knows that even if it wasnt included council cannot act unless dangerous or insanitary.

    He would also know if he was any good that only the owner at the time is responsible for any offence under s40 and the work can remain without liability to you except it could affect building coverage for future development under planning

    get one that has a degree of commonsense and appreciates that the issue is minor even if consent was required

    open structure means not enclosed it could be a pergola unlimited area or a verandah under 20m2

  5. #5

    Default

    That's what I thought the legal position was all along.

    A Guide to Building Work that does not require a Building Consent - Building Act 2004 - Department of Building & Housing (2010)

    "Porches are roofed structures, often with sides but open at the front, and project from the face of a building."
    Last edited by cgj1; 17-01-2020 at 10:53 PM.

  6. #6
    Join Date
    Aug 2003
    Posts
    7,712

    Default

    Interesting as we were keen on getting Louvre roof over our balcony but our builder said our council KCDC won't give it the CCC. They don't like the system.

    cheers,

    Donna
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  7. #7
    Join Date
    Jun 2004
    Posts
    10,477

    Default

    Quote Originally Posted by donna View Post
    Interesting as we were keen on getting Louvre roof over our balcony but our builder said our council KCDC won't give it the CCC. They don't like the system.

    cheers,

    Donna
    They don't like the system - that's interesting.
    Do they say what they don't like about it?

  8. #8
    Join Date
    Aug 2003
    Posts
    7,712

    Default

    I understand it to be leaking issues - they do leak I think that's expected though. They're in the Koro lounge at AKL airport and they were leaking when it was raining.

    cheers,

    Donna
    PropertyTalk Blog - property articles

    BusinessBlogs - the best business articles are found here



  9. #9
    Join Date
    Jun 2004
    Posts
    10,477

    Default

    Quote Originally Posted by donna View Post
    I understand it to be leaking issues - they do leak I think that's expected though. They're in the Koro lounge at AKL airport and they were leaking when it was raining.

    cheers,

    Donna
    For a deck? The 'roof' leaks more if there isn't one.
    For a room maybe not so good - horses for courses I would have thought.

  10. #10

    Default

    I once wondered if you could have two roofs, each 20 sq m, if not touching. Phone tab around WCC said they didn't know and that I should speak to MBIE. A few calls to MBIE and the answer was that they didn't know and I should speak to WCC.

    But both agreed that 20 sq m, so long as not enclosed on all sides, was okay.


    Quote Originally Posted by cgj1 View Post
    That's what I thought the legal position was all along.

    A Guide to Building Work that does not require a Building Consent - Building Act 2004 - Department of Building & Housing (2010)

    "Porches are roofed structures, often with sides but open at the front, and project from the face of a building."


 

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