We are about to buy a house, and the building report suggests that the deck and a converted sleepout may have been built without consent. Does it matter, and what could happen if we go ahead with the purchase?
It can matter significantly. Under the Building Act 2004, building work that requires a consent but was done without one is unlawful, and the council can require you to obtain a certificate of acceptance, or in some cases order the work to be altered or removed. That involves cost and inspection, and the work might not meet the Building Code. Unconsented work can also affect insurance cover and resale. Check the Land Information Memorandum and the council file for consents and code compliance certificates. Your lawyer can negotiate conditions in the contract, such as a requirement that the vendor obtain a certificate of acceptance before settlement, a price reduction or an indemnity. If the work is exempt under Schedule 1 of the Building Act, no consent may be needed, so get an expert opinion.
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