Requested information about unconsented buildings.
Request:
To the team at Mackenzie District Council,
I am writing to seek clarification on the Council’s position regarding properties in the Mackenzie District – mainly in the Manuka Terrace region, that appear to contain unconsented buildings, facilities, and dwellings.
Over the past couple of years, we have seriously considered a number of properties in this area that have come to market in the district. In several cases, the properties appear to include buildings, toilet facilities, solar panel installations, rainwater collection systems, and in some instances multiple dwellings or accommodation structures. When we lodge a search to check if buildings or resource consents have been previously lodged with the council, these properties do not appear to have any appropriate council consents or approvals.
This raises several concerns for us as prospective purchasers. In particular, we are concerned about the potential legal, financial, insurance, health and safety, compliance risks, and any remediation costs that buyers may inherit if they purchase a property with unconsented work. We are also concerned that local real estate agencies appear to be aware of these issues, yet properties are still being advertised in a way that suggests they are fully compliant or suitable for their current use and are being listed at unjustified prices which is over and above the rateable land prices.
Could you please clarify the Council’s position on the following:
| Question | Response |
|---|---|
| 1. How does Council respond when it becomes aware of unconsented buildings, dwellings, toilet facilities, solar installations, or water collection systems on properties in the district? | An investigation into any alleged breach is undertaken and appropriate action taken. |
| 2. What responsibility does a current owner have to disclose or remedy unconsented work before selling a property? | This is not a matter for council and we suggest you seek independent legal advice. |
| 3. What responsibility, if any, do real estate agents have when advertising properties that may contain unconsented buildings or facilities? | This is not a matter for council and we suggest you seek independent legal advice. |
| 4. Does Council actively investigate or take enforcement action where properties are being used for accommodation or residential purposes without the necessary consents? | Residential activity and visitor accommodation is generally permitted in most zones of the Mackenzie District Plan. To be a permitted activity, visitor accommodation must comply with the relevant zone rules including the maximum number of guests accommodated and the number of residential units used. Buildings associated with either activity must also comply with district plan and building requirements. In some cases, the Council proactively works to identify non-compliances, and in other cases, responds to non-compliances when they are brought to our attention. Enforcement may be taken depending on the type and nature of the non-compliance. |
| 5. If a prospective purchaser identifies possible unconsented work, what process should they follow to confirm the compliance status of the property? | This is not a matter for council and we suggest you seek independent legal advice. However, council holds information on properties regarding consents which can be sourced through LIM or property file requests. This allows potential purchasers to establish what consents are in place. |
| 6. Are there any public records, LIM reports, building files, or other council documents that buyers should rely on before making an offer? | LIM reports and property files are available on request (for a fee) via MDC website and the following link: mackenzie.govt.nz > Rates, Building and Property. With regard to which documents should be considered when considering the purchase of a property, this is not a matter for council and we suggest you take independent legal advice. |
We would appreciate guidance on how Council treats these situations, particularly where unconsented works may affect habitability, wastewater, drinking water supply, fire safety, insurance, or future resale.
We are not seeking to make a formal complaint about any one property at this stage, rather, we are trying to understand the Council’s position and what protections or processes exist for prospective buyers like ourselves who are encountering these issues repeatedly in the market.