Getting Consent of Acceptance from Council

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Krishant007

1403 posts

Uber Geek

#180635 15-Sep-2015 21:53

Hi everyone.

I just wanted to get some quick feedback from everyone regarding minor dwellings. I am looking to put in an offer on a house that has a minor dwelling. The dwelling does not have any consents but it has been built quite nicely (everything was done properly according to the vendor). The right tradesman were used etc. From the looks of it, it does look quite solid and the workmanship does seem quite nice. The vendor is currently living in there and their son & family are living in the main house.

So my question is, how easy would it be to get a COA from the council. Or - would there be a big issue with the minor dwelling if I chose to not get COA at present and get it in the near future when cashflow is not as restricted (with a new mortgage and all).

What are some of the things the council looks at? What would be some reasons that the council does not give the COA and demands that the minor dwelling be taken down.

Thank you everyone. Just trying to get into my first home and these things are very important as it can be super costly in the future otherwise.
BTW - i wont be holding anyone responsible for what they say here, I would just like some feedback :).

Goosey

2829 posts

Uber Geek

Subscriber

#1388264 15-Sep-2015 22:00

You perhaps need to get the original plans / drawings used to create that small additional dwelling on the property you are looking at. The local council would ideally want to know how it was constructed and if it was constructed to codes / requirements e.g. construction methods, materials, considering effects from wind, weather, insulation, foundation engineering etc etc.

If there isnt anything on record with the council regarding this dwelling then it should ring alarm bells as how did they manage to connect it to the town water and waste water network (assuming it has water supply and a toilet/bathroom and kitchen).

When was the dwelling built?
Im assuming there is no code of compliance given you said there are no original resource consents !

Handle9

11386 posts

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Trusted

Lifetime subscriber

#1388268 15-Sep-2015 22:19

Just walk away from the deal. You are opening yourself up for a world of pain and your bank may be very hesitant to lend on a property like that. It'll also be very hard to sell if and when you need to get out.

I know it's attractive due to the income part of the property but it really isn't worth it.

Krishant007

1403 posts

Uber Geek

#1388286 15-Sep-2015 22:47

Handle9: Just walk away from the deal. You are opening yourself up for a world of pain and your bank may be very hesitant to lend on a property like that. It'll also be very hard to sell if and when you need to get out.

I know it's attractive due to the income part of the property but it really isn't worth it.

Hm, just had a chat with a couple of my other friends as well. They agreed - it may seem like quite a good deal for now - but they raised the bank issue as well as trying to sell the house in the future.

Ahh, back to the hunt. The auckland market is quite ridiculous at this stage. Really leaves us first home buyers nowhere.

Disrespective

1925 posts

Uber Geek

#1388385 16-Sep-2015 09:17

It will probably depend on what the dwelling has in it. Bedrooms, kitchen and a bathroom? Good luck. Just a living space and bedroom? Might have a shot.

Worst case scenario is that the council asks you to remove the dwelling.

Best case scenario is you get a Certificate of Acceptance which is good, but still not great.

You would need to weigh up whether the extra dwelling is adding any value to the property, if not then go for it, as if you have to rip it down then it doesn't really affect you. If it is a major selling point then I would walk away. Council's are under no obligation to provide you with a coa. Inspections will need to be made, and builders/contractors may need to be contacted. If they don't want to lay claim to their work on it then you might have a decent fight on your hands.

Krishant007

1403 posts

Uber Geek

#1388389 16-Sep-2015 09:22

Disrespective: It will probably depend on what the dwelling has in it. Bedrooms, kitchen and a bathroom? Good luck. Just a living space and bedroom? Might have a shot.

Worst case scenario is that the council asks you to remove the dwelling.

Best case scenario is you get a Certificate of Acceptance which is good, but still not great.

You would need to weigh up whether the extra dwelling is adding any value to the property, if not then go for it, as if you have to rip it down then it doesn't really affect you. If it is a major selling point then I would walk away. Council's are under no obligation to provide you with a coa. Inspections will need to be made, and builders/contractors may need to be contacted. If they don't want to lay claim to their work on it then you might have a decent fight on your hands.

I have certainly seen it as an advantage towards the property (it isnt sub-dividable or anything). The dwelling does have a kitchnette + bathroom. From wht the vendor has said, she reckons that since there is a kitchen sink, that would not be permitted. But a bathroom is fine. So that is one of the things I would need to remove if i was to get a COA.

But from the general consensus, it doesnt seem like it is worth the risk.

dolsen

1476 posts

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Trusted

Lifetime subscriber

#1388416 16-Sep-2015 10:13

Make the COA a condition of sale for the Vendor to sort out seeing that "everything was done properly". Without the inspections etc, I'd expect it to be very very hard to get one.

graemeh

2078 posts

Uber Geek

#1388450 16-Sep-2015 11:12

Krishant007: But from the general consensus, it doesnt seem like it is worth the risk.

That all depends on the price. You may be able to get the property at a very good price because the problems will scare off a lot of people. It all depends on whether you think you can solve the problem.

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red_xsi

120 posts

Master Geek

#1388718 16-Sep-2015 21:12

When was the sleepout built?

If prior to 1991(Building Act) the council won't care about it unless it poses a danger to somebody. If it was buit prior to 1991 you can get a building inspector to check it out and give it the all clear.

Recently went through this with a house I sold. If you talk to the council about it make sure you take notes of the conversation and get them to read and sign the bottom of the notes before you leave - this drives them nuts.