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Property owner convicted over illegal shed



21 November 2006

Property owner convicted over illegal shed

A Glen Innes property owner has been convicted and discharged for undertaking construction work without the required consent and ignoring notices from Auckland City.

Jie Qui, the owner of the 35 Apirana Avenue Glen Innes, pleaded guilty in the Auckland District Court for constructing an illegal wooden shed in his front yard and ignoring notices from the council to fix or remove it.

Auckland City’s manager residential developments, John Lawrence says the case serves as an important reminder to property owners that when a notice is received from the council it should be taken seriously and adhered to immediately.

“Notices are issued from the council if a construction has been completed without the required paper work, consents or is found to be in breach of the Building Act 2004. In this case a building consent was mandatory.

“We hope this prosecution will be a warning to others that disregarding notices from the council will be taken very seriously,” Mr Lawrence says.

By arrangement with the council, Mr Qui paid investigation costs totalling $1298 and a non-refundable deposit of $905 to apply for a retrospective building consent, a certificate of acceptance.

The shed was approximately 18m² and was intended to be used as a garage. It has now been demolished because it failed to meet the standards necessary for a certificate of acceptance.

During sentencing, Judge McElrea commented on the poor construction of the shed and the potential harm it could have caused. He said the shed was badly built and in breach of a number of the requirements of the building code, including structure, durability and surface water.

A building consent is essential for most building work to ensure that it complies with the building code, and does not pose a hazard to its occupants.

Mr Lawrence says, “Building controls are designed to help members of the public meet the minimum standards set out in the building regulations and safeguard the community from bad practice in building work. This helps to create a sustainable environment that benefits our own and future generations.”

The building regulations are legal requirements that apply to building work and aim to achieve minimum standards of construction to ensure the health and safety of people in or around buildings, energy conservation, and access and facilities for disabled people.

Some minor building work is exempt under the first schedule of the building act, and does not require a building consent, but property owners should contact Auckland City before beginning any work to confirm whether consent is required or not.

For more information about building consents and how to apply, visit www.aucklandcity.govt.nz/buildingconsents or phone 379 2020.


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