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574 posts

Ultimate Geek
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Topic # 152134 17-Sep-2014 11:36
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Hello,

I was thinking that it might be nice to build a pergola or at least extend an existing one out to a point where it's edge would be resting on top of our existing fence (that marks the boundary of our property and our shared driveway). I was thinking that this might be handy as it would remove the need for it to have separate poles/foundations to support that edge...assuming the fence is build well enough - which I am thinking it has been. 

Generally speaking is this legal or does it raise alarm bells?

Oh and if it makes any difference this is in Waitakere City (aka Auckland City). 

Cheers
Troy



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  Reply # 1130549 17-Sep-2014 11:42
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Semi-random thoughts:

What is the expected life of the pergola?  What is the remaining life of the fence?  If the fence needs repairing/replacing, how is this going to impact the pergola?

Have you considered just speaking to the neighbours about it?

A couple of poles and holes won't break the bank.




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  Reply # 1130555 17-Sep-2014 11:50
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Dynamic: Have you considered just speaking to the neighbours about it?


This,

Talk with the people on the other side of the Fence, (yhey are the ones who are likely to complain)



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Ultimate Geek
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  Reply # 1130558 17-Sep-2014 11:51
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everything is relatively new (ie no more than 4 years) and not requiring repair (at the moment). It wasn't so much a cost thing, it was more an aesthetic thing - having no additional poles will make for a nicer space



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Ultimate Geek
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  Reply # 1130559 17-Sep-2014 11:52
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oh and I don't expect any push back from neighbours; so asides from that are there any legal/council issues that would pose a barrier to using the fence in this manner?

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  Reply # 1130571 17-Sep-2014 12:01
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E3xtc: oh and I don't expect any push back from neighbours; so asides from that are there any legal/council issues that would pose a barrier to using the fence in this manner?

I don't think so.  Fences are on private property so it's a civil matter between the owners.




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gzt

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  Reply # 1130573 17-Sep-2014 12:01
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E3xtc: oh and I don't expect any push back from neighbours; so asides from that are there any legal/council issues that would pose a barrier to using the fence in this manner?

No, but there are usually council things in place which limit the proximity of any building structure to the boundary. There may be exceptions and different rules for different types of structures so you will have to call to find out any details.

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  Reply # 1130575 17-Sep-2014 12:03
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gzt:
E3xtc: oh and I don't expect any push back from neighbours; so asides from that are there any legal/council issues that would pose a barrier to using the fence in this manner?

No, but there are usually council things in place which limit the proximity of any building structure to the boundary.


Also if the fence is on the boundary (as most are) the ownership is shared between neighbours so there would definitely need to be an agreement documented with the neighbours.

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  Reply # 1130576 17-Sep-2014 12:04
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we have a workshop that has one side wall right on the boundary line andall the people who built it needed was written permission from the neighbors  and it was fine. We checked before we bought the house and the letter is there. So anyone who buys the next door property cant do anything.




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  Reply # 1130578 17-Sep-2014 12:05
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gzt:
E3xtc: oh and I don't expect any push back from neighbours; so asides from that are there any legal/council issues that would pose a barrier to using the fence in this manner?

No, but there are usually council things in place which limit the proximity of any building structure to the boundary.


From memory for things like sheds they're meant to be a distance away from the the boundary the same as the height of the shed (so a 1.8m high shed needs to be 1.8m from the fence) - but it's only really an issue if a neighbour complains. I'm not sure if the same rule applies to something like a pergola.



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  Reply # 1130579 17-Sep-2014 12:06
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Cool - thanks all - so generally speaking it doesn't sound too dramatic, as long as it is documented with the current neighbours. Thanks for the thoughts all :)

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  Reply # 1130580 17-Sep-2014 12:06
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gzt:
E3xtc: oh and I don't expect any push back from neighbours; so asides from that are there any legal/council issues that would pose a barrier to using the fence in this manner?

No, but there are usually council things in place which limit the proximity of any building structure to the boundary.

That is absolutely a fair comment.

I think it was partially for fire reasons.....  for example I recall hearing you could build a steel shed closer to a boundary than a wooden shed, as the steel shed presented less of a fire risk to the ajoining property.  If the other side of the fence is a driveway or a back yard with no buildings close by, I would just go for it as long (as the structure is of a modest size).

I note that a new build near my home has the townhouses 1m from one boundary fence, so I think the rules are relaxing as the council pushes for infill housing.




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  Reply # 1130602 17-Sep-2014 12:30
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Rules vary from council to council. I don't know what the rules are in Waitakere... go ask the council, I guess.

As a typical example, where I live, the height limit I can build without the neighbour's permission is 2m at the boundary, then a 45 degree line back from that point. Also I think I need the neighbour's permission or council's permission or something to build within 1m of the boundary.

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  Reply # 1130604 17-Sep-2014 12:39
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Ring the council to check....  once youve got the right person/dept (which can be a mission), theyre generally quite helpful.





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  Reply # 1130892 17-Sep-2014 18:21
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The building code was changed a few years ago (alongside no consent for a single car port) to 2.5m height at boundary to accommodate modern needs for more privacy.  This means typically you can build a 2.4m fence plus capping.  Then there is a profile (elevation angle) from the boundary within which you must stay.  Dis angle differs for the sun/shade side of the property.  There could however be local by-laws that are more restrictive.  All the information however is on-line on the council web sites (but e.g. was much easier to find on the Manukau web site than the Auckland web site).

BTW a couple of years ago my boss phones the council and asked if he can build, without consent, two car ports hard-up against each other but with their own posts and not attached to each other - they said it was still fine.  He's also in the Waitakeres which is traditionally more restrictive.

Council does not normally get involved in these things, they even ignored my 10 sqm 2.4m high timber shed 30cm from the boundary corner when our new home was signed off as completed.  It is only an issue when someone complains.  And you do need to stay below the sqm limits for pergolas, sheds, awnings, etc.




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Ultimate Geek
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  Reply # 1131134 18-Sep-2014 07:04
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Thanks again - yeah I checked the building regs around what is not required for consent and it would appear as though I slide in under the radar on that front. All looking good...now just need to get all my ducks in a row and find some cash :)

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