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  1. #1

    Default Neighbours permission for cross lease

    Hi,
    I have cross lease property with clear subdivision from the neighbours. I am planning to add additional bedroom on top of existing dwelling.

    What is the process for taking neighbours consent for building? Do i need to go through a lawyer before getting the plans drawn or I don?t even need a lawyer, just get the plans drawn first and ask them to sign off?

    Not sure what?s the starting point as it?s my first time renovation project.

    Any suggestions?

  2. #2

    Default

    I wouldn't see that you would need a lawyer involved unless you need a change to the flats plan. No point having plans drawn up until you discuss with neighbour first. Remember they cant unreasonably withhold their request. Check daylighting requirements as well. Also the Council may issue a building consent and not care about your cross lease and what sits behind that. All they need to prove is that you meet the definition of owner under the Building Act 2004.
    Get the neighbours permission in writing and have a copy of the consent lodged on the property file held by your local council. This will avoid any doubt in the future over whether consent was given.
    If the building footprint changes then it becomes costly. It will be necessary for a surveyor to prepare a new flats plan and a replacement lease to be registered referring to the new flats plan. You will then need a solicitor.

  3. #3

    Default

    good advise from RC
    but sometimes a flatplan has vertical boundaries as well so watch this (for example bdy indicated as top of roof and under floor or on existing slope (which stops excavation?)

  4. #4

    Default

    We have done it recently. It does help to have some preliminary drawings prepared so the neighbour knows that they are signing off on. Have a look at the specific terms of your cross lease as well as they do differ property to property. If you don?t have the lease documents, land information nz may be able to provide them for a small fee.
    Our council has a cross lease form on its website especially for extensions. We used this plus the plans for the neighbours permission.
    The sunlight planes etc are a seperate issue and may affect other neighbours besides the cross leased neighbour. You will need a permitted boundary application if these come into play. Your architect should be able to advise on these.

  5. #5

    Default

    which council are you with? (that has that form)

  6. #6

    Default

    Thanks Rc. Really appreciate your advice in this

    How do I check the daylight requirements. Any idea?

  7. #7

    Default

    I am with Auckland council. I couldn?t find any cross lease form for extension on their site. Interested to know which council are you with? May be i can use that form for reference

  8. #8

    Default

    John, Porirua City Council.

  9. #9

    Default

    I had an initial consultation with a draughtsman agency and they are quoting me $3500 for the following:

    1. Building measure (includes sub-floor and roof framing),

    2. Concept drawings

    Is that too expensive or does it generally cost this much?

  10. #10
    Join Date
    Aug 2003
    Posts
    7,872

    Default

    What does your Cross Lease say re. permission? Why progress with quotes etc if neighbour has a say and it's 'no'.

    cheers,

    Donna
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