Building or Modifying your Home Information Sheet No. 02 If you are planning an addition or alteration to your • Location of accessory buildings dwelling, you need to be aware of the requirements of • Protected Trees the Building Act 2004, Manukau Operative District Plan • Private open space 2002 and the Resource Management Act 1991. A • Parking and Manoeuvring requirements residential addition or alteration may include a conservatory, carport or garage, conversion of rumpus If you require clarification as to whether your proposal room to a sleep out or demolition of structural elements. needs a Land Use Consent and on the procedure for applying for one you may speak to one of the Planning Building Consent Advisors at the council’s Customer Centre. The Building Act requires that with some exemptions Every application is different and each must be (defined in Schedule 1 of the Building Act) all building considered on its merits. However, a council Planning works must have a Building Consent before any work is Advisor will be able to give you preliminary advice on commenced. Please refer to the amended list of whether your application is likely to be notified and exemptions under Schedule 1 of the Building Act 2004, whether there may be affected persons involved. effective 16th Oct.2008 Formal identification of affected parties is made later by Some common examples of building work involving officers once a Resource Consent application is lodged. modifications/alterations that require a Building Consent are: Additions to Cross leased property • Internal structural alterations • An extra room or building extension • In a cross leased property the owner of each • An extra storey flat or house owns an undivided share in the • A garage or carport overall site as a co-owner with the owners of the • New Plumbing and Drainage works other unit(s) on the site. • Conversion of garage into a sleep out or rumpus • Each owner leases the building or identified part room of the building (i.e. ‘cross leases) from the co- owner(s) for 999 years. Your Building Consent application for the proposed • Covenants may be included in the lease to modifications/alterations has to be accompanied by the restrict each co-owner’s activities to a defined new plans and specifications prepared by a competent area around the dwelling that they occupy. person, clearly demonstrating compliance with the • You may need to get the agreement of all the requirements of the Building Code. other co-owners of the cross leased dwellings before you take any decision on addition or When doing conversions or modifications, you need to modification to your dwelling.(Check covenants address issues like insulation, ventilation, waterproofing, and conditions in the lease) flashings etc. and they need to be included with your • It is strongly recommended to get legal advice proposed Building Consent application. before proceeding with your Building Consent application for the additions/alterations and When building work is proposed over drains it is amendments to the cross-lease. recommended to get an on site assessment done by a registered plumber/drainlayer for your Building Consent Additions to Unit titled property application. • In Unit titled properties, typically people own a Land Use Consent Unit in a building and have multiple ownership of the common spaces and facilities such as A Land Use Consent is required to use your land in a driveways and lifts. manner that does not comply with the rules of the • The unit owners own the common property as District Plan or when an activity is deemed to require a tenants in common. Resource Consent as listed in the District Plan. • Each owner’s share in the property is defined Additions and alterations to a dwelling are controlled by as their “Unit entitlement”. rules in the District Plan including but not limited to: • Any part of the building not included in the units • Yards- distances from buildings to boundary is owned in common by the unit title holders • Height limits • You may need to obtain the consent of those • Site coverage by buildings parties, through the Body Corporate, • Height in relation to boundary Knowledge and Understanding Maatauranga me te moohiotanga Achievement Whaainga ki toona tutukitanga Accountability Whakatau tika for the re-development of your unit or any other part 3. For alteration to your cross-lease or unit title or the of the site. You are advised to seek legal advice in conversion of your title to fee-simple, you will need to this regard. engage a Land Survey and a Solicitor. Subdivision Consent Related References In order to update the title to incorporate the changes to the building, you will need to apply for a Subdivision • IS -09 Protected Trees, Working On or Within Consent to amend the cross lease or unit title the Dripline boundaries. You need to engage a Land Surveyor • IS -17 Building Multiple Household Units (Licensed Cadastral Surveyor) to prepare plans and • IS -19 Building Consents other documents for the application. The updating of the • IS -20 Public Drainage Requirements title is NOT done through the building consent process. • IS -23 Development Standards-Yards • IS -24 Development Standards-Height and It is important that you complete the legal process for Height in Relation to Boundary variation to the cross lease or unit title and Subdivision Consent for the amended cross lease or unit title I still have some questions about adding to or boundary. Otherwise you may have difficulty in selling modifying your dwelling, who can help me? your property in the future as the lease or unit title will no longer correspond to the building plan. If you have read all of the available information referenced above and you are still unsure about adding Compliance for Fire Rating between units to or modifying your dwelling, you can contact the Council’s Customer Centre for further advice. The Resource Management Act 1991 requires that You should ask to speak to a Subdivision Officer and a before the survey plan for a subdivision into cross lease Building Advisor. The contact details are listed below: or unit title can be deposited, the Council must issue a certificate under Section 224 (f) to the effect that the In Person: buildings comply with the current requirements of the building code for: Customer Centre I. Means of escape from fire Ground Floor, Kotuku House II. Access and facilities for persons with disabilities 4 Osterley Way III. Protection of other property Manukau City and will continue to comply with the other provisions of Open Monday to Friday 8.30am to 5pm, except the building code to at least the same extent as it did Wednesday to 4pm before the application for the subdivision was made. By Phone: (09) 262 5296 It is advisable that an application for amendments to By E-mail: firstname.lastname@example.org cross lease or unit title subdivisions be accompanied by By Fax: (09) 262 5450 a Fire Engineer’s report addressing the particular matters even if the additions/alterations to the building You can also visit the Council website at are not located near to any party /common walls. www.manukau.govt.nz to view any of the information sheets that have been referenced in this document. Alternative Actions This information sheet is about building or modifying your home . It reflects 1.Opportunity may exist for conversion of cross-lease or the Operative District plan, Resource Management Act 1991 and the unit titles to fee-simple titles. Building Act 2004, but does not replace these. 2. The new titles are created for separate lots in Information Sheet No: 02 separate ownership, not as co-owners except for Issue1:June2009 common areas such as driveways.