Boundary Fence and Pergola

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#1131186 18-Sep-2014 08:59

This is a bit late but this document is fairly useful as a guide to what you can do with or without consent. It outlines the exemptions available and gives examples of when you would or would not apply for the exemption in question.

It's not a complete guide but does help.

E3xtc

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#1131187 18-Sep-2014 09:00

Indeed - that is what I had taken a quick look through and certainly helped. Thanks for posting the link :)

kryptonjohn

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#2002807 26-Apr-2018 14:00

Hi all, does anyone know if (in Auckland City) there is any particular exemption for temporary structures (in my case, a kitset 3x3 shed) with regard to distance to boundary? In general, the boundary clearance is the minimum of the height to boundary requirement or 1m, the latter is exempted if a firewall. I'd like to put my shed a little closer than 1m, and it won't exceed height-boundary because of the up slope on the ground and the low height of the shed. But would a tin shed still be subject to the 1m minimum?

wellygary

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#2002821 26-Apr-2018 14:37

kryptonjohn:

Hi all, does anyone know if (in Auckland City) there is any particular exemption for temporary structures (in my case, a kitset 3x3 shed) with regard to distance to boundary? In general, the boundary clearance is the minimum of the height to boundary requirement or 1m, the latter is exempted if a firewall. I'd like to put my shed a little closer than 1m, and it won't exceed height-boundary because of the up slope on the ground and the low height of the shed. But would a tin shed still be subject to the 1m minimum?

Try here

https://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/add-repair-replace-shed/Pages/check-need-consent-add-repair-replace-shed.aspx

Stick in what you know and see what it tells you

scuwp

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#2002839 26-Apr-2018 15:09

The other thing to check is if there are any building covenants for your section. Normally not enforced unless a neighbour kicks up a stink.

Lazy is such an ugly word, I prefer to call it selective participation

kryptonjohn

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#2002842 26-Apr-2018 15:14

Cheers guys. That web page says there is a restriction that the building can't be closer to the boundary than the height of the building. That sounds strange as it would make the height to boundary specs redundant (because that runs off a 45 (or other depending on aspect) degree offset from 2.4m above the boundary ground level.

wellygary

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#2002878 26-Apr-2018 15:59

kryptonjohn:

Cheers guys. That web page says there is a restriction that the building can't be closer to the boundary than the height of the building. That sounds strange as it would make the height to boundary specs redundant (because that runs off a 45 (or other depending on aspect) degree offset from 2.4m above the boundary ground level.

its in the Building Act exemption for Detached Buildings,

If you want to use the regular recession plane you presumably can, but you will be required to go through a building consent process...

If you want to be exempt from the Building consent process you much be as far from the boundary as it is high"

Its clear in the Building act so there is no way round it...

http://www.legislation.govt.nz/act/public/2004/0072/latest/whole.html#DLM5770963

3 Single-storey detached buildings not exceeding 10 square metres in floor area

(1)Building work in connection with any detached building that—

(a)is not more than 1 storey (being a floor level of up to 1 metre above the supporting ground and a height of up to 3.5 metres above the floor level); and (b)does not exceed 10 square metres in floor area; and (c)does not contain sanitary facilities or facilities for the storage of potable water; and (d)does not include sleeping accommodation, unless the building is used in connection with a dwelling and does not contain any cooking facilities.

(2)However, subclause (1) does not include building work in connection with a building that is closer than the measure of its own height to any residential building or to any legal boundary

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mclean

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#2003324 27-Apr-2018 09:54

kryptonjohn: Cheers guys. That web page says there is a restriction that the building can't be closer to the boundary than the height of the building. That sounds strange as it would make the height to boundary specs redundant (because that runs off a 45 (or other depending on aspect) degree offset from 2.4m above the boundary ground level.

They are addressing different things. The recession plane bylaw tells you what you can build. The height/distance rule in the Building Act tells you whether you need a building consent.

kryptonjohn

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#2003328 27-Apr-2018 09:58

mclean:

kryptonjohn: Cheers guys. That web page says there is a restriction that the building can't be closer to the boundary than the height of the building. That sounds strange as it would make the height to boundary specs redundant (because that runs off a 45 (or other depending on aspect) degree offset from 2.4m above the boundary ground level.

They are addressing different things. The recession plane bylaw tells you what you can build. The height/distance rule in the Building Act tells you whether you need a building consent.

I think that to me they are effectively the same thing, as I can't be bothered going to council for a building consent for a $500 kitset shed.

froob

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#2003826 27-Apr-2018 23:19

kryptonjohn: ...I can't be bothered going to council for a building consent for a $500 kitset shed.

Many others in Auckland share your view, apparently:

"Squeeze on sheds" (stuff.co.nz)

Guide: Installing Network Cabling in New Zealand Homes

kryptonjohn

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#2003876 28-Apr-2018 07:38

Well spotted, @froob. Looks like the solution generally applied by the council is to just note the unconsented building but seems this lady got picked on.

Bung

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#2003903 28-Apr-2018 08:42

There was an anonymous complaint, probably one of the neighbours.

My shed is close to the fence but the fence is high enough to conceal most of the shed. The roofline slopes down to the fence. Then I painted the roof in a green that matches the grass colour. That makes it less obvious when the neighbours look down from their bedrooms. More importantly the shed doesn't stand out on the aerial photos the council takes. Those photos are how a lot of unconsented work gets noticed.

kryptonjohn

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#2003915 28-Apr-2018 09:14

Camouflage the roof... Cunning!

mclean

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#2005191 30-Apr-2018 14:10

The chickens come home to roost when you sell the property. You have to cheat when you sign the Sale & Purchase Agreement and face the consequences of that, or fix the non-complaint work before you sign it.

kryptonjohn

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#2005196 30-Apr-2018 14:15

mclean:

The chickens come home to roost when you sell the property. You have to cheat when you sign the Sale & Purchase Agreement and face the consequences of that, or fix the non-complaint work before you sign it.

You don't "have" to remedy it - it's OK to sell with the non permitted structure noted on the LIM, just as it is legal to sell a house that doesn't have a C&C for work done. The risk is that it pushes down your sale price.

But in the case that it's a 3x3 garden shed sitting on the ground... if I was a buyer I wouldn't personally care if it was noted on the LIM as an unpermitted structure due to its temporary nature and the fact that I could simply remove it if I ever felt the need.

The real risk is getting a grumpy neighbour complaining to the council as happened in the news story cited earlier in this thread.

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