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					                                              Building or Modifying your
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                                                                                                     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:            contactus@manukau.govt.nz
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.

				
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