Advice wanted - Certificate of acceptance - PNCC consent exempt structure now needing consent.

Forums › Home Workshop DIY › Advice wanted - Certificate of acceptance - PNCC consent exempt structure now needing consent.

DeepBlu3

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#282793 12-Mar-2021 12:07

Afternoon All.

This is my first Forum post so please be kind.

During the last Covid lockdown, I built a shed and put it behind my garage on a concrete slab I poured.

I thought that the structure was exempt from council consent as it was within the size limitations and material specifications.

Unfortunately it turns out to be too close to the fence and Council wants me to either move it, or get building compliance / certificate of acceptance / consent for this now.

I've been in touch with builders and architects to see how to go about it, but no-one has the time or gets back to me.

I would like to have the structure remain as I put a lot of time and effort into it.

Has anyone had similar experiences with Palmerston North City council? and if so, what was your outcome?

I need to do a 30 minute fire rating on the walls facing the fence.. Can this be done with corrugated iron cladding?

Thanking you for your time and advice.

Neil.

Wheelbarrow01

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Chorus

#2672282 12-Mar-2021 13:46

"I need to do a 30 minute fire rating on the walls facing the fence.. Can this be done with corrugated iron cladding?"

Achieving that fire rating is not as simple as a sheet of corrugated unfortunately. I know that for my steel garage which was recently built 300mm from the boundary, my builders had to put up 1 sheet of Gib Fyreline on the outer side of the framing (under the steel cladding), and two sheets of Gib Fyreline on the inner side of the framing. I can't put anything in or on that wall - such as power sockets etc - that could compromise the fire rating.

I am in Christchurch but the same or similar rules will apply almost everywhere.

It looks like the front fascia you have up there is timber - and this extends almost to the boundary, and it looks almost as if you have bare and exposed timber supporting the roofing material which is very close to the boundary too. Even if you fibre-rated the wall, that exposed timber would still prevent you from complying. If the roofing material is polycarbonate, that is also probably an issue.

I'm no expert so please don't take anything I have written as gospel - looks like you definitely need to speak to someone who knows the rules in your area which may cost you but at least then you will know.

Even if you solve all the fire rating issues, you still need consent from the affected neighbour on the other side of that fence although sometimes this depends on the orientation relative to the sun.

Good luck though - others on here may have more sage advice

tchart

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#2672329 12-Mar-2021 15:08

AFAIK all "urban councils" have limitations on how close a structure can be to the fenceline. So while it may be within the size limitations it would need to be X distance from the fence/boundary (usually 1m I believe).

There have been numerous articles on this in TV, NZ Herald, Stuff etc - so its not a new thing.

Unfortunately I dont know whether there is much you can do, you either need to move it or get it compliant. Its gutting :(

Edit: Forgot to add, how far is it away from the rear fence? You could always modify the side of the shed to be 1m away from the fence if its not too close on the rear. Also you may have other issues given how close it is to the other building (garage? house?) as you also need to be a certain distance from other buildings when its an auxillary structure - I think its usually the height of the building.

Bung

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#2672350 12-Mar-2021 15:55

As seems quite common with law drafting the clause specifying what you can do without a permit is followed by the "only if" clause that a lot of people never get to.

"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."

2nd mistake was making it higher than the fence so the neighbours couldn't miss it.

The practical thing might be to shrink it down until it complies

jonathan18

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#2672359 12-Mar-2021 16:31

How did the council happen to find out about your shed, BTW? I only ask because I'm looking out at two sheds on my section that both sit on/near the boundary - both were built prior to us purchasing the property.

We had (PNCC) inspectors visit a number of times when we had a sleepout built a few years back, and no mention was made of our 'non-compliant' sheds (thank god!). I'd assumed they'd only be an issue if a potential purchaser of our house decided to make a fuss, so interested to know if PNCC is now being proactive with such matters.

tchart

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#2672367 12-Mar-2021 17:05

jonathan18:
How did the council happen to find out about your shed, BTW? I only ask because I'm looking out at two sheds on my section that both sit on/near the boundary - both were built prior to us purchasing the property.

We had (PNCC) inspectors visit a number of times when we had a sleepout built a few years back, and no mention was made of our 'non-compliant' sheds (thank god!). I'd assumed they'd only be an issue if a potential purchaser of our house decided to make a fuss, so interested to know if PNCC is now being proactive with such matters.

Usually it's because a neighbour dobbed you in.

Other possible causes;

1. It's visible from the street and an inspector saw it
2. They use aerial photography to look for land use changes

Probably also depends on what kind of shed it is. If it's a prefabricated one from mitre10 they probably won't chase you.

JeremyNzl

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Ultimate Geek

#2672375 12-Mar-2021 17:23

Can u put it on skids with an internal floor and call it a portable building.

If such a loophole allows

neb

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#2672525 12-Mar-2021 22:13

tchart: 2. They use aerial photography to look for land use changes.

This is actually done in the US, triggered by an automated check of building outlines changing which then in turn triggers a manual review. Friend of mine in Maryland got around it by buying a property with an old barn on it, then building a new house under the barn roof, then later "re-roofing". As far as any checks were concerned, nothing had changed.

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mclean

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#2673727 13-Mar-2021 13:00

This might you at least a partial understanding of the requirements:

The relevant rules are on p25 of the document in the following link. Clauses 5.1.1(a) and 5.2.1 will apply to your building.

https://www.building.govt.nz/assets/Uploads/building-code-compliance/c-protection-from-fire/asvm/cvm1-cas1-protection-from-fire-amendment-4.pdf

The following link is a good source of ways to build a FRR 30/30/30 external wall. It's also important the walls remain stable when the building is on fire - this is explained on p13 of the manual.

https://www.jameshardie.co.nz/web/assets/downloads/Fire-and-Acoustic-Design-Manual-Nov-2020.pdf

All of that aside, you're going to need a building consent to change it, so somehow you will need to find professional help. You don't need an architect - a Licensed Building Practitioner should be able to draw it for you.

Bung

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#2673764 13-Mar-2021 14:20

To me it looks like the roof is covered with translucent panels. I assume that would also need changing if the walls had to be fire rated.

Mehrts

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#2673787 13-Mar-2021 15:35

1m is the closest you can build to a boundary fence without fire rated walls or consent from you neighbours in the Palmy area.

I had a new garage built a couple of years back in Palmy, and out of interest asked for a quote for fire rated walls which would allow me to put a larger shed in the space I had. Basically it was going to add another 10k to the cost, so not worth it just to gain an extra 500mm or so.

I hate to say this, but you might be SOL, regardless of how much time/effort/money went into it. It's still not a compliant structure. There is good reason for having the boundary distance limits. 1m from the fence could mean the difference in your shed & other property burning if your neighbours place went up.