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Unconsented work on property for sale?

#Post
1

Currently looking at buying a property where they moved a kitchen (consented) and then put a bathroom/laundry in where the kitchen used to be (unconsented). There are already small issues needing to be addressed like insulation top up in the ceiling, insulation needed underfloor and fans in the kitchen and bathroom. Are local councils tough with granting consents? All too hard and walk away or worth a crack?

mazzy1 - 2020-11-24 21:58:00
2

What makes you think they are all required?
The healthy homes add-ons like bathroom fans are only for rentals, the building code specifies opening windows which are generally better.
And insulation standards have changed several times in the last few years.

masturbidder - 2020-11-24 23:46:00
3

Depends on price and how much you want it, most old old houses have had changed done with no conscents, never needed them back then , newer ones yes, i always look at the land value as in our area it is most of the value of the property, so the house is worth stuff all anyway . So each to their own.

msigg - 2020-11-25 11:46:00
4

Some city councils are not given to granting retrospective consent.. the best you can do is get the unconsented work inspected by a licensed builder or building inspection company and get them to generate a report which basically says they have inspected the work done and if at the time the work was done a consent had been obtained, that the work is it to the requirements / standard current at the time and in their opinion it would have passed council inspection. A copy of this report is placed on the property file at the council..

andrew1954 - 2020-11-25 12:53:00
5
mazzy1 wrote:

Currently looking at buying a property where they moved a kitchen (consented) and then put a bathroom/laundry in where the kitchen used to be (unconsented). There are already small issues needing to be addressed like insulation top up in the ceiling, insulation needed underfloor and fans in the kitchen and bathroom. Are local councils tough with granting consents? All too hard and walk away or worth a crack?

if you think it out it might surprise you how you are over thinking it.

gabbysnana - 2020-11-25 12:55:00
6

Always make it the Vendors problem and put a clause in the S&P Agreement that the Vendor rectifies to your and your lenders/lawyers satisfaction.

jeffqv - 2020-11-25 13:53:00
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Check with your Insurer first to check if there are any implications with the bathroom not being consented - they may require a safe and sanitary report to confirm the works were done to the code at the time it was put in.

rhys12 - 2020-11-25 16:21:00
8
mazzy1 wrote:

Currently looking at buying a property where they moved a kitchen (consented) and then put a bathroom/laundry in where the kitchen used to be (unconsented). There are already small issues needing to be addressed like insulation top up in the ceiling, insulation needed underfloor and fans in the kitchen and bathroom. Are local councils tough with granting consents? All too hard and walk away or worth a crack?

Was the bathroom/laundry simply repositioned within the dwelling? I.e has the total number of sanitary fixtures increased within the house?

And when was the work undertaken? Do you know how long ago?

intheoneone - 2020-11-28 21:51:00
9

Sometimes the mere repositioning of sanitary fixtures within a dwelling doesn't require building approval.

However, often an additional kitchen (eg. Main kitchen in house and a kitchenette within a sleepout), will require both, a building consent and resource consent, depending on the local council's district plan rules.

intheoneone - 2020-11-28 21:54:00
10

Building consent (if building approval is required) can't be issued after work has been completed.

To meet compliance, unapproved work either needs to be removed, or one may apply for a Certificate of Acceptance (COA), note not to be confused with a Code Compliance Certificate. There are date limitations, regarding COA applications, if the building work was done prior to 1 July 1992.

intheoneone - 2020-11-28 21:59:00
11
jeffqv wrote:

Always make it the Vendors problem and put a clause in the S&P Agreement that the Vendor rectifies to your and your lenders/lawyers satisfaction.

Sounds like a way to get your offer put in the too-hard basket. I’d check with an insurer that you can insure the house with the unconsented work, talk to a builder about whether there is likely to be trouble because of the standard of the unconsented work, and then make an offer.

nic48 - 2020-11-28 22:15:00
12

Thanks all for the feedback. The vendor moved a kitchen which was consented, then had a bright idea to turn the old kitchen into a bathroom/laundry (non-consented). It seemed to be too hard so we've decided against proceeding with the purchase. I appreciate the responses.

mazzy1 - 2020-11-30 18:17:00
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mazzy1 wrote:

Thanks all for the feedback. The vendor moved a kitchen which was consented, then had a bright idea to turn the old kitchen into a bathroom/laundry (non-consented). It seemed to be too hard so we've decided against proceeding with the purchase. I appreciate the responses.

Good call!

jeffqv - 2020-11-30 20:09:00
14

If you are keen to buy this house, the portions that you feel should have consents for, could be included in your conditions of purchase subject to these portion receiving a Consent.

If the vendor is not happy to accept your Conditions, walk away.

axelvonduisberg - 2020-11-30 20:58:00
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jeffqv wrote:

Good call!

Agreed Jeff. We will be in touch next year when we're ready to take the plunge. Have a great Christmas x

mazzy1 - 2020-12-01 22:46:00
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Good move.

And remember too, it may not just be a matter of getting building approval (eg. Certificate of Acceptance (in layman's terms, a retrospective building consent).

"Development contributions" may come into play with an increase in sanitary fixtures. A nasty little surprise that when applicable, could sting in the vicinity of upto $20,000 in addition to building approval.

Best of luck from here on.

intheoneone - 2020-12-01 23:18:00
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