Unauthorised works


 

What are unauthorised works?

Unauthorised works are any works carried out prior to 1 July 1992 without the appropriate consents from council.  These works are often discovered by prospective purchasers who note that the approved plans held by council, differ from what is actually on site.

Council cannot issue retrospective building consents.  The unauthorised works application has been implemented to reassure property owners/purchasers and council that any building work carried out without a building consent/permit is safe and sanitary.  It is important to realise that an unauthorised works application is not a building consent/permit.

What should I do if the works were carried out after 1 July 1992?

You will need to apply for a building consent to “upgrade existing building work”.  This application will need to  include complete plans and details of the works as would need to be submitted for any other building consent.

What can I do if I become aware of unauthorised works on my property?

You can:

  • apply for a building consent to demolish the unauthorised structure and rebuild to comply with the relevant Acts;  or

  • apply for an unauthorised works application.

In support of an unauthorised works application you will need to initially provide:

  • Certificate of Title for the site

  • This is necessary so that council’s planning staff can check that no building line or similar restrictions registered on the Certificate of Title, have been threatened or breached.

  • One copy of a metric scale site plan showing:

outline of buildings with additions and alterations clearly identified
contours
relative ground and floor levels
new drainage work
permeable area and site coverage area.

  • One copy of a metric scale floor and elevation plan

  • Suitably qualified person’s report(s) which outline extent of work and declare the unauthorised work to be safe and not insanitary.

 The report must be written by a qualified person from council’s “Approved List”.  More than one report may be required if work covers more than one technical area (eg building and plumbing).  The “Approved List” may be obtained from any area office.

  • Completed Unauthorised Works Application Form.

Further information may be required depending on the works carried out.

What costs are involved?

Please refer to our fees schedule.

If you require a resource consent because the structure does not comply with the District Plan then you will have to make a separate application.  The cost of the resource consent varies according to the time taken to process each particular application.

Consultant(s) costs: this is a private contract between consultant and applicant

How long will it take to process an application?

An application requiring no additional information will take approximately 6-10 working days to process.  This may vary according to the scope of the works involved.  Where applications require a resource consent, allow further time for processing

Will council provide a clearance for the unauthorised works?

When the application has been processed, council will issue a letter confirming that while the works remain in a safe and sanitary condition, no further action will be taken.  A copy of this letter and the processed application will be placed on the relevant property file.  This will be available to anyone searching council records or applying for a Land Information Memorandum (LIM).

Please note that council accepts no responsibility or liability for the findings in the report for these works, nor implies, by the presence of the report on the property file, any clearance for the work undertaken.