Looking at buying cross-lease property that has an unconsented alteration

[Wealthy One Day]

I'm looking at buying a property in Auckland in which the current owner has converted the attached internal access garage to a bedroom. The laundry that was in the garage has also been modified so that there is no longer a laundry tub and instead there is a bath with overhead shower and a small sink.

Other threads I have read on here suggest that although the garage conversion is not a change of use, it is an alteration, and so should have required council consent (no council consent was gained). That being said, there are also posters on here who say that this sort of alteration does not require council consent, because the works fall under Schedule 1 of the Building Act 2004 (i.e. adding insulation, adding a ground moisture barrier, installing carpet, installing gib board etc in order to make the garage habitable as a bedroom).

Even if no council consent is required, does the fact that the property is a cross-lease throw a spanner in the works? Does alteration from garage to bedroom require the other leaseholder's (neighbour's) written consent? If the neighbour looked at the house from the outside, they would be able to see that something has happened to the garage, because the garage door has been replaced with a floor to ceiling window with sliding door.

- Was council consent required for this alteration?
- Was the neighbour's consent required for this alteration?
- If the neighbour's consent was required but not gained, what sort of trouble can this cause?

[donna]

Hi Wealthy One Day,

Have you spoken to your lawyer? Essentially there is a change to the flat plans - so right now it's a defective title. The other cross lease title holder (neighbour) can object to not being notified of the change and require it to be reverted back to a garage. BTW this can happen even if the council had consented to it. So there are a couple of challenges for you with this property and you need to get legal advice.

cheers,

Donna

[Wayne]

Hi Wealthy One Day,

Have you spoken to your lawyer? Essentially there is a change to the flat plans - so right now it's a defective title. The other cross lease title holder (neighbour) can object to not being notified of the change and require it to be reverted back to a garage. BTW this can happen even if the council had consented to it. So there are a couple of challenges for you with this property and you need to get legal advice.

cheers,

Donna

Flats plans often only contain external dimensions rather than internal use so garage to bedroom may not show.

[Wealthy One Day]

Flats plans often only contain external dimensions rather than internal use so garage to bedroom may not show.

Hi Wayne, yes, that is what I was thinking. The shape of the building as shown on the flat plan on the certificate of title has not changed, so it's not a defective title. This was a non-structural alteration, so essentially my question is whether the neighbour's consent was required for this non-structural alteration?

[Wayne]

Hi Wayne, yes, that is what I was thinking. The shape of the building as shown on the flat plan on the certificate of title has not changed, so it's not a defective title. This was a non-structural alteration, so essentially my question is whether the neighbour's consent was required for this non-structural alteration?

Internally, I would say not.

[donna]

^^ Okay that's good to know - I see if it's a carport conversion - that needs neighbours consent.

We have a rental that has the laundry in a shed right next to a carport - but we couldn't get away with turning the carport into a room and the laundry into the ensuite.

[Wealthy One Day]

Internally, I would say not.

Thanks Wayne. Do you think that this non-structural alteration from garage to bedroom required council consent, or do the works fall under Schedule 1 of the Building Act 2004?

[Wayne]

Thanks Wayne. Do you think that this non-structural alteration from garage to bedroom required council consent, or do the works fall under Schedule 1 of the Building Act 2004?

I'm no expert on this but DPC under the garage floor (or lack thereof) is usually the problem.
Building consent may not be an issue but I wonder about resource consent.
There have been several threads on here discussing this very thing and the answers have never been a straight 'yes or no'.

[MargVan]

Has it gone from having a laundry tub only to bath/shower combo and vanity basin? Something rings bells about adding sanitary fittings requiring council fees (I mean approval).

[Wealthy One Day]

Has it gone from having a laundry tub only to bath/shower combo and vanity basin? Something rings bells about adding sanitary fittings requiring council fees (I mean approval).

I believe that the laundry to bathroom conversion has not added any new plumbing fittings, i.e. the laundry tub has been changed to a smaller sink and the washing machine fittings have been changed to a bath/shower. John the builder has mentioned on another thread that you don't need a consent if the plumbing work doesn't increase the number of sanitary fittings. I'm thinking I'll ask the current owner to supply the invoice for this work.

I think it would be hard to convince Council that conversion of the garage to bedroom didn't require consent. Council could argue that a non-habitable space has been changed to a habitable space. They can't argue that there has been a change of use. Build Waikato advises: "Conversion of a garage or basement that is joined to a detached house, into a habitable space such as a bedroom is not a change of use as it is already part of the house."However they say that even though it is not a change of use, it would be wise for the owner to consider if any work is needed to bring the garage up to meeting the Building Code requirements for a habitable space. The Building Code requirements for a habitable space are higher than those for a non-habitable space.

Here's an example: G5.3.1 Habitable spaces, bathroomsand recreation rooms shall havethe provision for maintaining theinternal temperature at no lessthat 16?C measured at 750 mmabove floor level, while the space isadequately ventilated.

That seems an easy enough requirement to satisfy - the insulation and windows just need to be checked.

If we go ahead with the purchase, sometime down the track we would be wanting Council to record the house as having a 4th bedroom (in order to help the resale value). Council will want to know that this 4th bedroom meets the building code and may well need invasive checking to be done in order to issue their Certificate of Acceptance.

Has anyone been through this? What does an inspector/engineer normally charge to do the appropriate checks that meet Council requirements, and can they do this without pulling too much apart?

[John the builder]

The mention of habitable space is a red herring

who says the neighbor didnt give consent The work is there isnt it, There time to complain has passed.

Sorry I dont think washing machine taps are a sanitary fixture? But who knows what was there before?

The waikato site is now correct but it took a fight to get them to change their so called requirements, The habitable space mentions shows that they cannot resist trying to get policy over the law.

In this case there is a likely technical breach but so what and where is the harm?

Do a safe and sanitary as if it was always there and submit to council. Dont try and prove code compliance.

[Wealthy One Day]

Do a safe and sanitary as if it was always there and submit to council. Dont try and prove code compliance.

Thanks John, however a Safe and Sanitary Report is not an option as the work was done after 1991. For Council to acknowledge the extra bedroom will require a Certificate of Acceptance. I would like to know whether anyone on here has been through this to get this type of non-structural alteration approved.

[John the builder]

How do you know when it was done. Is the house old enough?

A S and S after Jan 1993 is arguable and the law that allowed these to satisfy the issue is the same law we have now.

You also have the option of a schedule 1 report that can update the property file when lodged.

if the work was able to be done under schedule 1 then technically you cannot get a CoA.

this would be a straight forward process but as JimO says why pay the council for something that is not required????

[Wealthy One Day]

How do you know when it was done. Is the house old enough?

A S and S after Jan 1993 is arguable and the law that allowed these to satisfy the issue is the same law we have now.

You also have the option of a schedule 1 report that can update the property file when lodged.

if the work was able to be done under schedule 1 then technically you cannot get a CoA.

this would be a straight forward process but as JimO says why pay the council for something that is not required????

Hi John, thanks for your reply. The work was done within the last two years. I've called Auckland Council today to get clarity from the horse's mouth, so to speak. The gentleman I spoke to said that there are 43 items under Schedule 1 of the Building Act 2004, and conversion from non-habitable to habitable space is not one of them. In order to get Council to recognise the room as a bedroom, I would need to lodge a Certificate of Acceptance (cost for this is $2170) and include with it a COA report from a chartered professional, a list of which I can find on the Council website.

[John the builder]

you must have been talking to the horses rear end

There is no consent required to create a habitable space. The 43 categories allows for the work you describe the basin is technically an issue but who knows what was there before? A schedule 1 report placed on the council file can formalize this

In answer to your questions you dont need consent for the bedroom

I doubt it affects the cross lease

the owner can be said to have given permission by virtue of it being there?

Your call?