The Risks of Unconsented Building Work
Many people get frustrated with having to apply for the right building consents.
Some feel it’s easier to ask for forgiveness rather than obtain permission...or to just hope that no one finds out, choosing to adopt the, “she’ll be right” attitude.
But will “she really be right”?
What are the risks involved with unconsented building work?
Resale. Many homeowners are surprised to learn that carrying out building work on their home without the right consent can pose a huge risk to the future sale of their property. As part of the agreement for sale, the seller gives the buyer a warranty that certifies that all building work has the right permits and consents that are legally required. If you were to sell your house with undisclosed and unconsented work, you would be in breach of that warranty and may be required to pay the buyer compensation. They could also require you to obtain certification that the work done was compliant. Just imagine the headache, time and expense this would cause!
Insurance and Finance. It can be difficult to obtain finances and insurance for a property that has unconsented work. What’s more, if you already have finance you may be in breach of your contracts because mortgage agreement clauses say you must get consent prior to any build.
Structural Integrity. Building consent is also a protection because it certifies that your build adheres to the regulations and codes in the NZ Building act of 2004. For example, a seemingly easy yet unauthorized deck extension was completed. New home owners bought the house and faced a big problem. The builder had cut into the cladding when installing the deck and water got in and decayed the wall. So now they had a big issue to deal with. The consent process would have picked up this mistake before it became a problem.
Injury or accident. Unconsented building work creates a potential liability to the owner as there is no assurance that the work done meets the building code or other requirements. Therefore there could be a health risk or danger of injury to you, your family or the occupants of an unsafe building.
Liability. You also could be liable for a fine of up to $20,000 as it is illegal to carry out work that needs to be consented.
If you’re unsure what types of work needs consent you may find our article useful. You can also talk to our planning team who can take care of this process for you.
So while it might seem easier and cheaper to skip the consent process, it will save you time, money and stress in the long run. So spend the time now understanding what consents you need to apply for.
Our licenced building practitioners know what projects require consent and can take care of this for you. If you’d like to discuss your project then give us a call or email.