Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




2364 posts

Uber Geek

Trusted
Subscriber

# 177850 16-Aug-2015 13:21
Send private message

I understand I'm best to call the Auckland council, however thought I'd throw it out anyway.

My neighbor has sub-divided his property and is currently building two semi-detached units. He's only recently laid the foundation and put up the framing for the first story of the two houses. The one corner of the house closest to me (the vertical section) is only about 1 to 1.5 meters away from my fence and of equal height. That's before the second story or roof has been added.

At this rate I'm going to have little to no view left, and this house will be towering over my deck. 

Any idea? 



View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2
8465 posts

Uber Geek


  # 1367415 16-Aug-2015 13:52
Send private message

There are rules (building code) for how close the property can be built to the boundary, but I'm pretty sure that this can be got around if the wall facing the boundary is fire-rated, in which case it may be able to be built right up to it.  Resource consent guidelines would still need to be met.

As for the height and views etc. - look at the city plan for the zoning rules for where you live.  They should state recession plane rules, usually defined by something like taking a vertical from the boundary, up 2m, then depending on direction, a specified angle, possibly in the region of 30 to 45 degrees and based on not reducing light (not views) - so a lower angle to the north than to the S, E and W in-between. But then it gets complicated as to how it's determined overall with some parts of the house perhaps allowed to be in your recession plane (the wall may be stepped or whatever), determining what the lie of the land should be when determining the 2m height should be.  If it looks like it's in breach, then you're probably going to need a surveyor.
Of course Council is supposed to check plans against zoning regs, and should have noticed if it was in breach and so the work would have required resource consent, you would have been an affected party, and could have declined consent.  However from what I've seen, there might be some builders, designers etc who might be prepared to "accidentally" err a little bit on plans.  If that was the case (possible even if not likely), then take the proof to council, get them to send an inspector out who can issue a stop-work order and get it sorted.
You do need to act now - once it's built, it's going to need to be seriously in breech for council to order demolition/partial rebuild.  They might issue a fine or other penalty to the builder, but that won't help you.

1828 posts

Uber Geek


  # 1367416 16-Aug-2015 13:53
Send private message

1.2m probably (I think). And then he has to comply with sunlight access planes which start 2.5m up from the boundary line and then angle in at 45 degrees. There are a few other requirements to comply with, but that's the basics. 

It also varies based on your building zone. Different zones have different requirements. 

 
 
 
 


196 posts

Master Geek


  # 1367430 16-Aug-2015 14:20
One person supports this post
Send private message


How close depends on your local council's zoning requirements - they may ( or may not ) have a minimum distance specified in the Local Plan. Check with your council's planning department to see what applies in your area.

Fred99 is correct - if there is non minimum yard requirement they can build right up to the boundary if the wall is fire-rated. However, usually it is easier and cheaper to build a meter off the boundary where no special wall construction is needed. When building right on the boundary it is also often a requirement that the boundary be located by a registered surveyor

Disrespective is also correct that any recession plane requirements must be met.

Generally the requirements will be checked before a building permit is issued.




2364 posts

Uber Geek

Trusted
Subscriber

  # 1367493 16-Aug-2015 15:33
Send private message

Thanks guys! I actually have the plans to the house being built as I contacted the agent selling the property two years ago (it's been a slow build).. The plans state that the house will be 1.475m from the boundary at it's closest. Honestly I must have misread them when I first got them. They haven't built the house straight in line with the boundary, so it's probably more like 3m at one point, and 1.475. at the closest. It's a kitchen so I doubt they count that as a 'firewall'.

My property being slightly raised and to the left in this image below. Based on the image below does that sound like it's OK? It's been designed by well regarded architects, however the builder owns the land so who knows whether they are willing to take shortcuts. 


8754 posts

Uber Geek

Lifetime subscriber

  # 1367496 16-Aug-2015 15:54
One person supports this post
Send private message

that is well with the acceptable limits

it has to be underneath the double dotted lines on the 45deg angle.

anything outside this would require a resource consent and consultation from you i believe.

791 posts

Ultimate Geek

Trusted

  # 1367548 16-Aug-2015 18:06
Send private message

jim.cox:
How close depends on your local council's zoning requirements - they may ( or may not ) have a minimum distance specified in the Local Plan. Check with your council's planning department to see what applies in your area.

Fred99 is correct - if there is non minimum yard requirement they can build right up to the boundary if the wall is fire-rated. However, usually it is easier and cheaper to build a meter off the boundary where no special wall construction is needed. When building right on the boundary it is also often a requirement that the boundary be located by a registered surveyor

Disrespective is also correct that any recession plane requirements must be met.

Generally the requirements will be checked before a building permit is issued.



Spot on....check with council,just phone them. Apparently nowadays u can email them.
They do reply :)

I beleive it also depends where about...front...sides or back of garden..

Im sure u can object to the building nextdoor...?




15026 posts

Uber Geek


  # 1367563 16-Aug-2015 18:34
Send private message

You need to read your TAs district plan. You should be able to find out in 10 minutes from their website. However they could possibly build closer if they get a resource consent, so you should check with your council if they have applied for one of those, and view it.

 
 
 
 


15026 posts

Uber Geek


  # 1367564 16-Aug-2015 18:35
Send private message

BinaryLimited:

Im sure u can object to the building nextdoor...?


If it is allowed in the district plan, and the RMA, then I don't think you can object.

2122 posts

Uber Geek


  # 1367568 16-Aug-2015 18:44
Send private message

Remember the fence might not be the boundary. There are loads of reasons fences might not be on the boundary including laziness, sly land gain, and convenience.

I know of cases where owners wanted to build a new fence, but the neighbor wouldn't agree. So the person simply built the fence they wanted inside (not on) the boundary. The neighbor didn't like it but couldn't challenge it.




Location: Dunedin

 


15026 posts

Uber Geek


  # 1367572 16-Aug-2015 18:50
Send private message

andrewNZ: Remember the fence might not be the boundary. There are loads of reasons fences might not be on the boundary including laziness, sly land gain, and convenience.

I know of cases where owners wanted to build a new fence, but the neighbor wouldn't agree. So the person simply built the fence they wanted inside (not on) the boundary. The neighbor didn't like it but couldn't challenge it.


It certainly pays to look for the boundary pegs. Anyone buying a houses these days should make sure the boundary is in the right place.

2122 posts

Uber Geek


  # 1367575 16-Aug-2015 18:53
One person supports this post
Send private message

mattwnz:
andrewNZ: Remember the fence might not be the boundary. There are loads of reasons fences might not be on the boundary including laziness, sly land gain, and convenience.

I know of cases where owners wanted to build a new fence, but the neighbor wouldn't agree. So the person simply built the fence they wanted inside (not on) the boundary. The neighbor didn't like it but couldn't challenge it.


It certainly pays to look for the boundary pegs. Anyone buying a houses these days should make sure the boundary is in the right place.

I've seen boundary pegs moved. If you want/need to know where the boundary is, a survey is the only way.




Location: Dunedin

 


15026 posts

Uber Geek


  # 1367583 16-Aug-2015 19:06
Send private message

andrewNZ:
I've seen boundary pegs moved. If you want/need to know where the boundary is, a survey is the only way.


So have I. But should a buyer of a property get a surveyor out to check it before purchasing? I would think many people don't, and  it is quite a big cost.

2122 posts

Uber Geek


  # 1367588 16-Aug-2015 19:17
Send private message

For this topic, the actual boundary is a very important factor.

I didn't get a survey, and I'm not saying it's something everyone should do. But there was a case in Dunedin a few years ago where an owner discovered his house actually encroached on council land, long story short, he had to cut the corner off the house.




Location: Dunedin

 


1828 posts

Uber Geek


  # 1367602 16-Aug-2015 20:10
Send private message

The new work on the site would have had some surveying done so it will be pretty darned close to correct. Unless it's a weird shape it won't warrant any more investigation. 

The location of the boundary is important if there is a level change. Here in wellington the point where the boundary is along this level change is where the recession plane calculations come into play. E.g. If your boundary has a retaining wall along it, and the boundary is actually on the lower side of the wall, then technically the recession planes start here... it can get tricky quickly if the wall is already a meter or two high... but the councils all do different interpretations. Plus they are all reasonable as they really do want most work to go ahead (so they get more fees). 

8754 posts

Uber Geek

Lifetime subscriber

  # 1367607 16-Aug-2015 20:34
Send private message

Where in auckland? if its manukau i have the fact sheets that relate to section placement and height in relation to the boundary

 1 | 2
View this topic in a long page with up to 500 replies per page Create new topic



Twitter and LinkedIn »



Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

New AI legaltech product launched in New Zealand
Posted 21-Aug-2019 17:01


Yubico launches first Lightning-compatible security key, the YubiKey 5Ci
Posted 21-Aug-2019 16:46


Disney+ streaming service confirmed launch in New Zealand
Posted 20-Aug-2019 09:29


Industry plan could create a billion dollar interactive games sector
Posted 19-Aug-2019 20:41


Personal cyber insurance a New Zealand first
Posted 19-Aug-2019 20:26


University of Waikato launches space for esports
Posted 19-Aug-2019 20:20


D-Link ANZ expands mydlink ecosystem with new mydlink Mini Wi-Fi Smart Plug
Posted 19-Aug-2019 20:14


Kiwi workers still falling victim to old cyber tricks
Posted 12-Aug-2019 20:47


Lightning Lab GovTech launches 2019 programme
Posted 12-Aug-2019 20:41


Epson launches portable laser projector
Posted 12-Aug-2019 20:27


Huawei launches new distributed HarmonyOS
Posted 12-Aug-2019 20:20


Lenovo introduces single-socket servers for edge and data-intensive workloads
Posted 9-Aug-2019 21:26


The Document Foundation announces LibreOffice 6.3
Posted 9-Aug-2019 16:57


Symantec sell enterprise security assets for US$ 10.7 billion to Broadcom
Posted 9-Aug-2019 16:43


Artificial tongue can distinguish whisky and identify counterfeits
Posted 8-Aug-2019 20:20



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.