Neighbours permission for cross lease

[neel_saxena]

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?

[RollingCloud]

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.

[John the builder]

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?)

[Maebh]

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.

[John the builder]

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

[neel_saxena]

Thanks Rc. Really appreciate your advice in this

How do I check the daylight requirements. Any idea?

[neel_saxena]

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

[Maebh]

John, Porirua City Council.

[neel_saxena]

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?

[donna]

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

cheers,

Donna

[neel_saxena]

Hi Donna,

It says you have to take neighbours permission for any structural changes but they cannot say no without a valid reason.

[neel_saxena]

I found this on Auckland Council. Might use this to get neighbours permission: https://www.aucklandcouncil.govt.nz/...ed-persons.pdf

[donna]

Yeah a standard Cross Lease agreement - take note of this reply so you've got everything you need. Hopefully you catch your neighbour in a great mood when you approach.

Let us know how you get on. Umm just thinking on it....is the other property an owner-occupier home or a rental? You could do some research on getting the Cross lease switched out for fee simple titles - this would mean you're going into the negotiations with a huge carrot - as you'd pay for the fee simple titles. Both properties benefit from it and you also get your extension.

cheers,

Donna

[neel_saxena]

Hi Donna,

So we had a catch up with our neighbours and they are ok for us to build. Got it confirmed via email as well. Hoping that?s enough and we don?t have to involve them again?

Feeling happy 😊

[neel_saxena]

Any recommendations for a good architect or draughtsman to do initial site measurement and concept plans?