A new policy in respect to the assessment of unathorised building work will be introduced by Auckland Council (“the Council”) from 1 July 2015.
A Certificate of Acceptance will be required for any unauthorised work.
The Council has provided a detailed outline on its website which sets out how unauthorised building work is assessed and when a Certificate of Acceptance may be issued.
In summary a Certificate of Acceptance may be issued for building works already done in the following circumstances:
- When urgent work is carried out to protect lives or property and there was no time to obtain a building consent.
- When a building consent authority or a private building certifier is unable or refuses to issue a code compliance certificate for work carried out under a building consent
The Council has advised that the new policy, which will be consistent across the region, will be implemented on 1 July for Orewa, Henderson and Takapuna, and from 1 August for Central Auckland, Manukau, Papakura and Pukekohe.
Aucklanders should be aware when buying new homes with unconsented building work (such as decks or other additions) that they may be required to remove them.
We are experienced in all aspects of property law and would strongly recommend you always seek legal advice prior to entering into any agreement to purchase property.
If you require any advice or further information on the matters dealt with in this publication please contact the lawyer at Farry and Co. who normally advises you, or alternatively contact:
Erin Maher
emaher@farry.co.nz
09 379 0055 or 03 477 8870
The information contained in this publication is intended as a guide only. It does not constitute legal advice and should not be relied upon as such. Professional advice should be sought before applying any of the information to particular circumstances. While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain.