What To Do If Your House Has Unconsented Building Works?

A client recently shared an interesting observation with me. While searching for a new home, they found that a surprisingly large number of properties had some form of unconsented work. Sometimes a Building Consent had been obtained, but no Code Compliance Certificate (CCC) was ever issued. In other cases, the work had been completed without a Building Consent altogether.

Unfortunately, this is not particularly surprising. Following COVID, construction costs across New Zealand increased significantly. Building materials became more expensive, labour costs rose, and the general cost of living placed additional pressure on many households. Faced with rising expenses, some homeowners looked for ways to increase income or improve the usability of their properties. Garages were converted into bedrooms, sleepouts were added, internal layouts were altered, and various renovations were undertaken without the required approvals.

Under the Building Act 2004, building work generally requires a Building Consent unless it falls within one of the exemptions listed in Schedule 1 of the Act. However, financial pressure does not always align with legal requirements, and many homeowners proceeded with work without first obtaining consent.

When people discover unconsented work on their property, the most common advice they receive is often: "Remove it and put everything back the way it was." While that may sometimes be necessary, it is far from the only pathway available. Every situation is different and should be assessed individually, but if you have unconsented building work, there may be several options available before considering demolition or removal.

1. THE WORK MAY ACTUALLY BE EXEMPT FROM BUILDING CONSENT

The first step is determining whether a Building Consent was required in the first place.

Schedule 1 of the Building Act contains a large number of exemptions covering specific types of building work. Some exemptions are straightforward, while others require careful interpretation and a good understanding of the legislation.

It is not uncommon for homeowners and sometimes even industry professionals, to assume consent was required when the work may actually fit within an exemption. If the work qualifies as exempt, it can be beneficial to prepare documentation and submit it to Council as a record of exempt building work. This creates a formal record on the property file and can help avoid questions or uncertainty when the property is sold in the future.

A small amount of documentation today can save significant time, stress and legal questions later.

2. APPLY FOR A CERTIFICATE OF ACCEPTANCE (COA)

If the work genuinely required a Building Consent and one was never obtained, a Certificate of Acceptance (COA) may be an option. A Certificate of Acceptance is essentially Council's way of assessing building work after it has already been completed. It does not replace a Building Consent, but it allows Council to determine whether they are satisfied, on reasonable grounds, that the completed work complies with the Building Code.

In practical terms, it can provide a pathway to legalise work that was carried out without consent.

The complexity of the process depends entirely on the nature of the building work. In some cases, obtaining a COA can be relatively straightforward. In others, Council may require additional evidence before they can be satisfied that hidden construction elements comply with the Building Code.

This may involve:

• Opening portions of walls, ceilings or floors to expose concealed construction.

• Providing engineering assessments.

• Undertaking additional investigations.

• Carrying out remedial work to address non-compliant items.
  

A typical process often involves an architect or compliance specialist inspecting the property and identifying which parts of the work required consent and which parts may have been exempt.

A detailed assessment is then prepared, identifying how the work complies with relevant Building Code clauses and highlighting any deficiencies that need to be addressed. Where necessary, remediation solutions are proposed and discussed with Council before any corrective work is undertaken.

Once all required information is provided and any remedial work is completed, Council will usually carry out a final inspection. If they are satisfied that the work complies, a Certificate of Acceptance can be issued.

At that point, the work becomes formally recognised by Council, significantly reducing future issues when refinancing, insuring, or selling the property.

DON'T ASSUME THE WORST

Discovering unconsented building work can be stressful, particularly when buying or selling a property. However, it does not automatically mean the work must be demolished or that the property has become a major liability.

The key is understanding exactly what was built, whether consent was actually required, and what pathways exist to regularise the situation. In many cases, a solution exists. The challenge is identifying the right one before making costly decisions.