Neighbors built patio close to fence line

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Tempest

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Wannabe Geek

#280771 9-Jan-2021 11:27

Hi there,

This week we came home after a day trip and noticed our neighbors started building a structure close to the fence line, in the following days they have been working on this structure and it now has a enclosed roof attached to the house, our shed is 1m away from the fence line and it looks like the roof doesn't have any guttering installed.

The structure is the same height as their original roof and we've already noticed when it rains it pours over on the fence, they have not asked permission and just put it up anyway. Would this be a legal structure? I do not to cause bad blood unless necessary.

They only have two neighbor's and the other neighbors cannot see into their backyard so if we reported them to the local council they would know it was us, they spend most day and nights outside talking loudly and we often have to have al the windows close because of the noise disturbance. If they asked permission to build it closer to the boundary we would have disagreed and made them comply with the building code which requires posts to be 1m away from the boundary line.

Sorry for the poor quality image but you get the idea of where the structure is within the property.

Stu1

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#2632701 9-Jan-2021 11:32

Ring the council or look up your suburbs district plan on the boundary rules .They could of applied and been granted resource consent as not all consents need to be notified

ghettomaster

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Ultimate Geek

#2632715 9-Jan-2021 12:08

If they are within the building limits as far as boundaries go, isn’t your main concern just the water on the roof? If so, I’d give them some time to finish the project and if you eventually think they aren’t going to put a guttering on, go have a chat about it.

As for talking loudly etc. these are different concerns to the structure. Maybe if the talk over the guttering goes well, quit while you’re ahead on that day, then come at that one at a later date but while there’s still goodwill. Sorting things out amicably without escalating to others is always your best bet.

Mehrts

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#2632789 9-Jan-2021 13:24

From the picture, that looks like a pretty substantial structure. Without going into the rules & regs, I'd say that it shouldn't have been erected within such close proximity to the boundary without some form of resource consent, and your permission. 1m is often the absolute minimum distance to a boundary fence without resource consent/firewalls etc are required.

Usually as soon as a roof over a deck/patio comes into the equation, that structure would need some form of council sign-off, but I'm no expert & different councils have different rules regarding this stuff.

At the very least, your neighbours should have asked if you were happy with it going up. But politeness & courtesy seem to go over a lot of peoples heads.

If you can, have a chat with your neighbours about your situation, and they might be happy to move it. If they're dicks about it, then I'd be heading to the council. You shouldn't have to suffer from their selfishness & disruption to you.

Zeon

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#2632862 9-Jan-2021 16:52

Where do you live? In Auckland I believe that, at least for mixed housing suburban zones a structure within 1m of the boundary witht he exception of a fence <1.8m requires a resource consent. You can use this tool:

https://www.aucklandcouncil.govt.nz/building-and-consents/building-renovation-projects/build-porch-veranda/Pages/check-you-need-consent-build-porch-veranda.aspx

Speedtest 2019-10-14

Tempest

2 posts

Wannabe Geek

#2632866 9-Jan-2021 16:56

Hi there, thank you for your response. I live in Gisborne 4 blocks town over the bridge so it's a residential area and our council just implies that any work done must comply with the building act in 2004.

Jase2985

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#2632896 9-Jan-2021 18:37

Confirm where you are using this page

https://www.gdc.govt.nz/district-plan-maps-search/

Then use Chapter 17 of the District Plan, i suspect this covers it; 17.17.4 Residential accessory buildings and accessory structures

I suspect it does not comply.

JaseNZ

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#2632908 9-Jan-2021 19:24

Burn it down : Opps sorry been watching too much of Trump.

Ding Ding Ding Ding Ding : Ice cream man , Ice cream man

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WinNZ90

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Master Geek
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#2633215 10-Jan-2021 18:42

From my understanding of the Building Act 2004 a structure can not be within 3 metres of a neighboring house but even if they have done that, you can still get them done for the water coming over the fence due to their new structure.

surfisup1000

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Uber Geek

#2633218 10-Jan-2021 19:01

Talk to them about their noise. Either they will ignore you, comply, or purposefully increase their noise and become antagonistic.

As for the structure, I'd call council and describe it. They will tell you whether consent is needed. Maybe it too small to require consent.

The way you describe these neighbours, and depending on your circumstances, maybe moving is your best option.

Jase2985

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#2633236 10-Jan-2021 19:29

surfisup1000:

As for the structure, I'd call council and describe it. They will tell you whether consent is needed. Maybe it too small to require consent.

i doubt size plays any part in this (could be 5sqm or 50sqm makes no difference), its the distance to the boundary where the issue lies.

WinNZ90

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Master Geek
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#2633239 10-Jan-2021 19:35

Done a little more research

If they had built the patio/veranda closer than 1 metre to the boundary line, then they had to ask your permission to do so.

This information was found in this document https://www.mfe.govt.nz/sites/default/files/media/Information%20for%20applicants-Deemed%20permitted%20boundary%20activities.pdf

Patio fall under the same classification as a Veranda and they are fully exempted from needing consent to build so long as they meet the building code, exemption as of 2020, also so long as it is under 20 sqms they can build it without needing a licensed builder.

https://www.building.govt.nz/assets/Uploads/projects-and-consents/building-work-consent-not-required-guidance.pdf Page 13 shows exempt work

https://www.building.govt.nz/projects-and-consents/planning-a-successful-build/scope-and-design/check-if-you-need-consents/building-work-that-doesnt-need-a-building-consent/technical-requirements-for-exempt-building-work/6-porches-verandas-and-pergolas/notes-for-porches-and-verandas/ Information about not needing a professional builder found here.

HOWEVER

In the building code there is provision for stormwater, water runoff. There has to be proper disposal of stormwater where ever it is going to cause and issue for the neighbor i.e. damage to the neighbors yard. If not then the structure is not built to code and you can ring the council for that. This is just a brief of the information provided in this document: https://www.building.govt.nz/assets/Uploads/building-code-compliance/e-moisture/e1-surface-water/asvm/e1-surface-water-1st-edition-amendment11.pdf

surfisup1000

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#2633243 10-Jan-2021 19:38

Jase2985:

surfisup1000:

As for the structure, I'd call council and describe it. They will tell you whether consent is needed. Maybe it too small to require consent.

i doubt size plays any part in this (could be 5sqm or 50sqm makes no difference), its the distance to the boundary where the issue lies.

I vaguely recall there was discussion about relaxing consent requirements for smaller structures a while back.

Maybe that was more to do with council consent, as opposed to the rules themselves.

Jase2985

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#2633245 10-Jan-2021 19:47

surfisup1000:

I vaguely recall there was discussion about relaxing consent requirements for smaller structures a while back.

Maybe that was more to do with council consent, as opposed to the rules themselves.

there was, "All exempt building work must meet the Building Code as well as other relevant legislation."

Ground-floor verandas and porches up to 30 square metres

The new exemptions will mean you can build a veranda or porch of up to 30 square metres on a ground floor without a building consent if:

the design has been carried out or reviewed by a Chartered Professional Engineer, or
a Licensed Building Practitioner has carried out or supervised design and construction.

i would struggle to think a LBP would have "carried out or supervised design and construction" on the fenceline

District planning

Always check with your local council to make sure your proposed building work does not have any district planning implications taking consideration of maximum site coverage, yard or setback requirements, daylight access planes or permitted activities. A resource consent may be required and it is important that this is obtained before starting any building work.

Goosey

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#2633313 11-Jan-2021 06:33

good luck... i get the feeling the OP may be hinting to us their neighbor's are slightly 'savory characters'...and i purposely eft of the "un", because sounds like they ain't "sweet".

😅