All Topics / General Property / Illegal Garage etc

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  • Profile photo of MarkyMarkMarkyMark
    Member
    @markymark
    Join Date: 2003
    Post Count: 132

    Hi All,
    What happens if a property that I am looking at has an illegal garage or shed or what ever? What is the most effective way of identifying illegal parts to the building? If I do find something illegal how will this effect my investment and what action should or can I take?

    Thanks in advance.

    Profile photo of diclemdiclem
    Member
    @diclem
    Join Date: 2003
    Post Count: 537

    hi Markymark,
    You could obtain a plan of the lot (of land) that you are interested in. Check if any permanent buildings are built over any easements. Check with the local council on what buildings they require a building permit for, and whether the buildings on your property have had permits issued for their construction.
    If there appears to be a problem with illegal buildings, the local council should be able to assist you with what options you have.
    Cheers,
    Sue [:)]

    “Be careful not to step on the flowers when you’re reaching for the stars”

    Profile photo of dvanedvane
    Member
    @dvane
    Join Date: 2004
    Post Count: 30

    I remember someone else here saying that a give away for illegal extensions/garages/sheds etc is the gutter system.

    If they’re not plumbed in they’re almost certainly illegal.

    Sorry to whoever said that first.
    Dave

    Profile photo of Creative financeCreative finance
    Participant
    @creative-finance
    Join Date: 2004
    Post Count: 3

    G’Day Markymark

    You could do a number of things.
    1st have a building inspection by a registered person, cost $200-$250. They will know legals and council building laws. They will inform you of repairs that need to be made.
    2nd find a friend or friend of a friend who is a builder and they will be able to inform you of repairs. A good builder will do the same job as the guy in situation 1.
    3rd As Sue has mentioned go to council and get building guidelines, street plan, lot plan. Most councils in Sydney have them on their web sites.

    Finally, once you have identified the illegl aspects of the gaurge, acertain how much it would cost to fix and have the guarge bought up to correct standard. As the purchaser you can then negotiate a price on the property minus the repairs and a bit more for your time and heart ache. “Get a building inspection”

    Best wishes

    Creative Finance

    Profile photo of JulianJulian
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    @julian
    Join Date: 2003
    Post Count: 232

    Usaully, I will accept it. You know, if fix it you need to pay.

    Regards
    Julian

    THERE IS ALWAYS A BETTER WAY!

    Profile photo of MiniMogulMiniMogul
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    @minimogul
    Join Date: 2002
    Post Count: 1,414

    It’s one of those nightmares that comes up all too often.

    Multi-fuel burners in NZ are often illegal and what it means is if there’s a fire and the fireplace didn’t hav a permit (i.e. illegal) or wasn’t code-compliant (i.e. illegal) then the insurance has a reason to not pay out if the fire was caused by that.

    It’s also garages. Often people just whack up garages over the boundary lines or on right of ways or without permits. Not to mention extensions on their houses!!

    I know people in Auckland who put in a flat downstairs and didn’t get an architect, any permission or anything. Hopeless if they want to sell and the purchasers get a council report and builder’s report.

    I always and unequivocally get both when I put in an offer.

    how I dealt with the problem of finding an illegal fireplace was to rip it out and put a new one in ($2500). (This is of course properties in areas where fireplaces are a necessity for tenants.)

    How i dealt with the problem of the property with the ilegal garage over the boundary and right of way is pulled out of the deal. i.e. didn’t go unconditional, as my conditions were not met. (wasn’t the only reason, there were other things wrong with it too, from the builder’s report. at least i only wasted 500 bucks, not 60 thousand.)

    you can try and negotiate a lower price but four times out of five the vendors don’t go for it. (one out of five times they do….)

    Most people don’t bother and i think they should soooo bother.

    cheers-
    Mini

    Profile photo of wilandelwilandel
    Member
    @wilandel
    Join Date: 2003
    Post Count: 761

    Hi,

    It depends what the illegal structure is.

    I believe as long as it has been there for over 7 years, that the council won’t do anything about it.

    I would definatley contact the council about it, and have that verified by the council.

    If it’s nothing major perhaps use it as a bargaining tool.

    Regards,

    Del

    Profile photo of melbearmelbear
    Member
    @melbear
    Join Date: 2003
    Post Count: 2,429

    Presumably you can get the plans etc. from the council which will include any approved buildings. If they’re not on the plan, they’re probably not approved.

    If it’s going to be an IP, I would seriously investigate whether or not they would be approved. Insurance certainly won’t cover you if something happens to the tenant in the unapproved structure.

    If it is for your PPOR, then it isn’t such a big issue, as long as it is structurally sound.

    Cheers
    Mel

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