• Login:
Welcome, Register Here
follow PropertyTalk on facebook follow PropertyTalk on twitter Newsletter follow PropertyTalk on LinkedIn follow PropertyTalk on facebook
Results 1 to 8 of 8
  1. #1

    Default rental property with kitchenette and bathroom built before 1992

    Hi All

    I have a rental property with 2 stories. Upstairs is with everything permitted. I presume the rumpus downstairs with kitchenette and bathroom is built before 1 July 1992. I need the suggestion: Is it legal to rent the whole house out as one although it has the no permit kitchenette and bathroom, or only rent the upstairs out to avoid the future trouble?

  2. #2

    Default

    If you wanted to have two tenancies it’s more with the district planning requirements of the council that govern that. With building if it’s a separate tenancy then everything has to be separate eg power, phone, plumbing, drainage, fire rating etc. I should mention if there is any reference to it being an existing separate flat on your property file then you can use that in your argument as it then meets the requirements at the time it had its permit.

    Sounds like you mean if you are renting it out with no permit it happens all the time and is worth checking with insurance. As you say though it was permit only before the 1991 Building Act, therefore no CCC/signoff requirement. Building consents came in after 1991 where you needed a code compliance certificate at the end of the works.
    Last edited by roughy; 12-05-2020 at 09:23 AM.

  3. #3

    Default

    Thank you for your reply, Roughy. One more question: 1. If I will rent it out as one tenancy, do I need to disclose the no permit bathroom and kitchenette to the prospective tenant? I have a bit worry the disclosure will cause the tenant asking for the rental back after a few years staying because of the unauthorised building work. Actually, the works appears meeting the habitable living conditions. They are modern and tidy.

  4. #4

    Default

    Hard to know without knowing all of the details and how substantial the work is but if the work was completed before 1991 and is not dangerous or insanitary then most cases it's fine to rent out. If you wanted to hedge your bets you could have a plumber/builder do a review to see if it's fit for purpose and nothing dodgy is going, keep it for your own records then move on.

    It even mentions you can't even apply for a retrospective building consent even if you wanted to if the work was completed before 1 July 1992, more here:
    https://www.building.govt.nz/buildin...of-acceptance/

  5. #5

    Default

    Quote Originally Posted by roughy View Post
    Hard to know without knowing all of the details and how substantial the work is but if the work was completed before 1991 and is not dangerous or insanitary then most cases it's fine to rent out. If you wanted to hedge your bets you could have a plumber/builder do a review to see if it's fit for purpose and nothing dodgy is going, keep it for your own records then move on.

    It even mentions you can't even apply for a retrospective building consent even if you wanted to if the work was completed before 1 July 1992, more here:
    https://www.building.govt.nz/buildin...of-acceptance/

    if the work was prior to 1992 you can provide a safe and sanitary report to council who keep it on file to disclose to public.

    if it doesn't have fire separation then you shouldn't operate as separate tenancy but there could be self-contained space used by members of the same house hold (up and down). This should be under flatmates agreement (To avoid RTA challenge to TT)

  6. #6

    Default

    Thank you Roughy and John the builder. Very appreciate it. I also looked into the similar threads. John the builder has lots of suggestions in them. Very helpful.

  7. #7

    Default

    As for paying the rent back its my understanding that due to the gross unfairness of a couple of cases that ended up like that in a TT decision, the new legislation did away with that.
    There was one very publicised case around 2 years ago, of a Mr Inglis of Dunedin, a landlord who had a grossly unfair decision reversed to pay back rent he'd received in relation to some unpermitted fixtures.

  8. #8

    Default

    the RTA stops unlawful tenancies. I say there is a distinction between not being approved and something contrary or an offence under some act. Resource consent approvals fall into this because they disallow some activity, but the building act doesn't make unapproved work unlawful (the offence was with the person who carried out the work) as long as it is not dangaerous or insanitary then it can remain, This was the principle demonstrated in a safe and sanitary report.The Inglis decision partly recognised this but the problem is in rogue TT decisions.


 

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Kitchenette regulations
    By mordor in forum Property Investment (NZ)
    Replies: 10
    Last Post: 19-05-2019, 02:44 PM
  2. Consent needed for a kitchenette?
    By nicko54 in forum Property Investment (NZ)
    Replies: 15
    Last Post: 09-03-2017, 11:36 AM
  3. Garage to Sleepout with Bathroom/Kitchenette Consent and Costs
    By investorak in forum Property Improvements (NZ)
    Replies: 29
    Last Post: 19-01-2017, 07:47 PM
  4. Pre 1992 building act
    By GenY in forum Property Investment (NZ)
    Replies: 7
    Last Post: 05-05-2014, 12:17 PM
  5. Basement dwelling with kitchen & bathroom no rental allowed?? Council.
    By mrsaneperson in forum Property Investment (NZ)
    Replies: 94
    Last Post: 21-02-2014, 11:39 AM
  6. Claiming expenses whilst rental property is being built
    By jace the ace in forum Finance, legal and tax (NZ)
    Replies: 12
    Last Post: 01-07-2010, 09:24 AM
  7. What exactly constitutes a kitchenette?
    By Pants in forum Property Improvements (NZ)
    Replies: 21
    Last Post: 24-05-2010, 02:06 PM
  8. U.K. House Prices Fall the Most Since 1992,
    By muppet in forum Property Investment (UK)
    Replies: 5
    Last Post: 06-11-2008, 04:55 AM
  9. REINZ Monthly Sales from 1992 to 2008
    By Steve Netwriter in forum Property Investment (NZ)
    Replies: 11
    Last Post: 05-09-2008, 09:19 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •